SB-0800, As Passed Senate, May 4, 2016
SUBSTITUTE FOR
SENATE BILL NO. 800
A bill to make, supplement, adjust, and consolidate
appropriations for various state departments and agencies, the
judicial branch, and the legislative branch for the fiscal years
ending September 30, 2017 and other fiscal years; to provide for
certain conditions on appropriations; and to provide for the
expenditure of the appropriations.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
ARTICLE I
DEPARTMENT OF AGRICULTURE AND RURAL DEVELOPMENT
PART 1
LINE-ITEM APPROPRIATIONS
Sec. 101. There is appropriated for the department of
agriculture and rural development for the fiscal year ending
September 30, 2017, from the following funds:
DEPARTMENT OF AGRICULTURE AND RURAL DEVELOPMENT
APPROPRIATION SUMMARY
Full-time equated unclassified positions.......... 6.0
Full-time equated classified positions.......... 473.0
GROSS APPROPRIATION.................................... $ 93,091,300
Interdepartmental grant revenues:
IDG from LARA (LCC), liquor quality testing fees....... 220,100
IDG from MDEQ, biosolids............................... 103,100
Total interdepartmental grants and intradepartmental
transfers............................................ 323,200
ADJUSTED GROSS APPROPRIATION........................... $ 92,768,100
Federal revenues:
USDA, multiple grants.................................. 6,363,700
EPA, multiple grants................................... 1,313,100
HHS, multiple grants................................... 2,520,600
Department of Interior................................. 273,800
Total federal revenues................................. 10,471,200
Special revenue funds:
Private - Slow the Spread Foundation................... 21,100
Private - commodity group revenue...................... 109,600
Total private revenues................................. 130,700
Agriculture preservation fund.......................... 609,800
Agriculture equine industry development fund........... 3,667,200
Agriculture licensing and inspection fees.............. 4,107,400
Animal welfare fund.................................... 193,300
Commodity inspection fees.............................. 516,000
Consumer and industry food safety education fund....... 355,400
Dairy and food safety fund............................. 4,983,800
Feed control fund...................................... 1,135,200
Fertilizer control fund................................ 762,600
Freshwater protection fund............................. 6,401,300
Gasoline inspection and testing fund................... 1,990,200
Grain dealers fee fund................................. 615,000
Horticulture fund...................................... 38,800
Industry support funds................................. 433,300
Migratory labor housing fund........................... 167,800
Nonretail liquor fees.................................. 904,200
Private forestland enhancement fund.................... 288,200
Refined petroleum fund................................. 2,373,200
Rural development fund................................. 2,000,000
Testing fees........................................... 293,100
Weights and measures regulation fees................... 793,500
Total other state restricted revenues.................. 32,629,300
State general fund/general purpose..................... $ 49,536,900
State general fund/general purpose schedule:
Ongoing state general fund/general
purpose................................... 49,336,800
One-time state general fund/general
purpose...................................... 200,100
Sec. 102. DEPARTMENTWIDE
Full-time equated unclassified positions.......... 6.0
Full-time equated classified positions........... 32.0
Commissions and boards................................. $ 23,800
Unclassified positions................................. 545,900
Executive direction--9.0 FTE positions................. 1,413,500
Operational services--19.0 FTE positions............... 1,882,700
Statistical reporting service--1.0 FTE position........ 153,600
Emergency management--3.0 FTE positions................ 614,600
Accounting service center.............................. 1,141,600
Building occupancy charges............................. 631,200
GROSS APPROPRIATION.................................... $ 6,406,900
Appropriated from:
Federal revenues:
HHS, multiple grants................................... 331,900
Special revenue funds:
Private - commodity group revenue...................... 79,100
Agriculture preservation fund.......................... 15,200
Agriculture licensing and inspection fees.............. 263,900
Commodity inspection fees.............................. 1,100
Dairy and food safety fund............................. 416,900
Feed control fund...................................... 38,900
Fertilizer control fund................................ 24,000
Freshwater protection fund............................. 67,500
Gasoline inspection and testing fund................... 80,000
Grain dealers fee fund................................. 7,900
Industry support funds................................. 54,300
Migratory labor housing fund........................... 28,600
Nonretail liquor fees.................................. 28,100
State general fund/general purpose..................... $ 4,969,500
Sec. 103. INFORMATION AND TECHNOLOGY
Information technology services and projects........... $ 1,768,500
GROSS APPROPRIATION.................................... $ 1,768,500
Appropriated from:
Interdepartmental grant revenues:
IDG from LARA, liquor quality testing fees............. 3,200
Special revenue funds:
Agriculture preservation fund.......................... 200
Agriculture licensing and inspection fees.............. 93,800
Dairy and food safety fund............................. 61,200
Freshwater protection fund............................. 100
Gasoline inspection and testing fund................... 31,800
Nonretail liquor fees.................................. 500
State general fund/general purpose..................... $ 1,577,700
Sec. 104. FOOD AND DAIRY
Full-time equated classified positions............ 123.0
Food safety and quality assurance--93.0 FTE positions.. $ 14,755,400
Milk safety and quality assurance--30.0 FTE positions.. 4,260,100
GROSS APPROPRIATION.................................... $ 19,015,500
Appropriated from:
Federal revenues:
USDA, multiple grants.................................. 136,300
HHS, multiple grants................................... 1,193,800
Special revenues funds:
Consumer and industry food safety education fund....... 355,400
Dairy and food safety fund............................. 4,434,500
State general fund/general purpose..................... $ 12,895,500
Sec. 105. ANIMAL INDUSTRY
Full-time equated classified positions........... 60.0
Animal disease prevention and response--60.0 FTE
positions............................................ $ 9,054,500
Indemnification--livestock depredation................. 50,000
GROSS APPROPRIATION.................................... $ 9,104,500
Appropriated from:
Federal revenues:
USDA, multiple grants.................................. 527,900
Department of Interior................................. 50,800
HHS, multiple grants................................... 46,600
Special revenue funds:
Private - commodity group revenue...................... 30,500
Agriculture licensing and inspection fees.............. 59,300
Animal welfare fund.................................... 193,300
State general fund/general purpose..................... $ 8,196,100
Sec. 106. PESTICIDE AND PLANT PEST MANAGEMENT
Full-time equated classified positions........... 92.0
Pesticide and plant pest management--86.0 FTE
positions............................................ $ 13,672,000
Producer security/grain dealers--6.0 FTE positions..... 653,500
GROSS APPROPRIATION.................................... $ 14,325,500
Appropriated from:
Federal revenues:
USDA, multiple grants.................................. 843,800
EPA, multiple grants................................... 533,100
Department of Interior................................. 101,700
HHS, multiple grants................................... 325,000
Special revenue funds:
Private – Slow the Spread Foundation................... 21,100
Agriculture licensing and inspection fees.............. 3,611,600
Commodity inspection fees.............................. 514,900
Feed control fund...................................... 948,600
Fertilizer control fund................................ 738,600
Freshwater protection fund............................. 153,900
Grain dealers fee fund................................. 607,100
Horticulture fund...................................... 38,800
Industry support funds................................. 246,400
State general fund/general purpose..................... $ 5,640,900
Sec. 107. ENVIRONMENTAL STEWARDSHIP
Full-time equated classified positions........... 55.0
MAEAP - environmental stewardship--23.0 FTE positions.. $ 9,146,800
Farmland and open space preservation--7.0 FTE
positions............................................ 1,422,100
Qualified forest program--9.0 FTE positions............ 2,582,700
Migrant labor housing--9.0 FTE positions............... 1,199,400
Right-to-farm--3.0 FTE positions....................... 577,600
Intercounty drain--4.0 FTE positions................... 484,400
GROSS APPROPRIATION.................................... $ 15,413,000
Appropriated from:
Interdepartmental grant revenues:
IDG from MDEQ, biosolids............................... 103,100
Federal revenues:
USDA, multiple grants.................................. 922,300
Department of Interior................................. 121,300
EPA, multiple grants................................... 608,300
Special revenue funds:
Agriculture preservation fund.......................... 594,400
Freshwater protection fund............................. 6,179,800
Migratory labor housing fund........................... 139,200
Private forestland enhancement fund.................... 288,200
State general fund/general purpose..................... $ 6,456,400
Sec. 108. LABORATORY PROGRAM
Full-time equated classified positions........... 96.0
Laboratory services--42.0 FTE positions................ $ 6,411,000
USDA monitoring--13.0 FTE positions.................... 1,616,500
Diagnostic center for population and animal health..... 1,000,000
Consumer protection program--41.0 FTE positions........ 5,817,400
GROSS APPROPRIATION.................................... $ 14,844,900
Appropriated from:
Interdepartmental grant revenues:
IDG from LARA, liquor quality testing fees............. 216,900
Federal revenues:
USDA, multiple grants.................................. 1,617,400
EPA, multiple grants................................... 171,700
HHS, multiple grants................................... 623,300
Special revenue funds:
Agriculture licensing and inspection fees.............. 78,800
Dairy and food safety fund............................. 71,200
Feed control fund...................................... 147,700
Gasoline inspection and testing fund................... 1,878,400
Refined petroleum fund................................. 2,373,200
Testing fees........................................... 293,100
Weights and measures regulation fees................... 793,500
State general fund/general purpose..................... $ 6,579,700
Sec. 109. AGRICULTURAL DEVELOPMENT
Full-time equated classified positions........... 15.0
Agricultural development--11.0 FTE positions........... $ 3,604,200
Grape and wine program--3.0 FTE positions.............. 921,000
Rural development fund grant program--1.0 FTE position. 2,000,000
Value-added grants..................................... 1,500,000
GROSS APPROPRIATION.................................... $ 8,025,200
Appropriated from:
Federal revenues:
USDA, multiple grants.................................. 2,316,000
Special revenue funds:
Industry support funds................................. 132,600
Nonretail liquor fees.................................. 875,600
Rural development fund................................. 2,000,000
State general fund/general purpose..................... $ 2,701,000
Sec. 110. FAIRS AND EXPOSITIONS
Fairs and racing....................................... $ 256,600
County fairs capital improvement grants................ 300,000
Shows and expositions.................................. 20,000
Purses and supplements - fairs/licensed tracks......... 708,300
Licensed tracks - light horse racing................... 40,300
Light horse racing - breeders' awards.................. 20,000
Standardbred breeders' awards.......................... 345,900
Standardbred purses and supplements - licensed tracks.. 671,800
Standardbred sire stakes............................... 275,000
Thoroughbred supplements - licensed tracks............. 601,900
Thoroughbred breeders' awards.......................... 368,600
Thoroughbred sire stakes............................... 378,800
GROSS APPROPRIATION.................................... $ 3,987,200
Appropriated from:
Special revenue funds:
Agriculture equine industry development fund........... 3,667,200
State general fund/general purpose..................... $ 320,000
Sec. 111. ONE-TIME APPROPRIATIONS
Eastern market food innovation zone.................... $ 200,000
Muskegon farmer's market food incubator................ 100
GROSS APPROPRIATION.................................... $ 200,100
Appropriated from:
State general fund/general purpose..................... $ 200,100
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
FOR FISCAL YEAR 2016-2017
GENERAL SECTIONS
Sec. 201. Pursuant to section 30 of article IX of the state
constitution of 1963, total state spending from state resources
under part 1 for fiscal year 2016-2017 is $82,166,200.00 and state
spending from state resources to be paid to local units of
government for fiscal year 2016-2017 is $4,750,000.00. The itemized
statement below identifies appropriations from which spending to
local units of government will occur:
DEPARTMENT OF AGRICULTURE AND RURAL DEVELOPMENT
MAEAP environmental stewardship........................ $ 3,250,000
Qualified forest program............................... 1,500,000
TOTAL.................................................. $ 4,750,000
Sec. 202. The appropriations authorized under part 1 and this
part are subject to the management and budget act, 1984 PA 431, MCL
18.1101 to 18.1594.
Sec. 203. As used in part 1 and this part:
(a) "Department" means the department of agriculture and rural
development.
(b) "Director" means the director of the department.
(c) "EPA" means the United States Environmental Protection
Agency.
(d) "Fiscal agencies" means the Michigan house fiscal agency
and the Michigan senate fiscal agency.
(e) "FTE" means full-time equated.
(f) "HHS-FDA" means the United States Department of Health and
Human Services - Food and Drug Administration.
(g) "IDG" means interdepartmental grant.
(h) "LARA" means the Michigan department of licensing and
regulatory affairs.
(i) "LCC" means the Michigan liquor control commission.
(j) "MAEAP" means the Michigan agriculture environmental
assurance program.
(k) "MDEQ" means the Michigan department of environmental
quality.
(l) "MDNR" means the Michigan department of natural resources.
(m) "MOU" means memorandum of understanding.
(n) "Subcommittees" means all members of the subcommittees of
the house and senate appropriations committees with jurisdiction
over the budget for the department.
(o) "TB" means tuberculosis.
(p) "USDA" means the United States Department of Agriculture.
Sec. 205. In addition to the metrics required under section
447 of the management and budget act, 1984 PA 431, MCL 18.1447, for
each new program or program enhancement for which funds in excess
of $500,000.00 are appropriated in part 1, the department shall
provide not later than November 1, 2016 a list of program-specific
metrics intended to measure its performance based on a return on
taxpayer investment. The department shall deliver the program-
specific metrics to members of the senate and house subcommittees
that have subject matter jurisdiction for this budget, fiscal
agencies, and the state budget director. The department shall
provide an update on its progress in tracking program-specific
metrics and the status of program success at an appropriations
subcommittee meeting called for by the subcommittee chair.
Sec. 206. (1) In addition to the funds appropriated in part 1,
there is appropriated an amount not to exceed $5,000,000.00 for
federal contingency funds. These funds are not available for
expenditure until they have been transferred to another line item
in part 1 under section 393(2) of the management and budget act,
1984 PA 431, MCL 18.1393.
(2) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $6,000,000.00 for state
restricted contingency funds. These funds are not available for
expenditure until they have been transferred to another line item
in part 1 under section 393(2) of the management and budget act,
1984 PA 431, MCL 18.1393.
(3) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $100,000.00 for local
contingency funds. These funds are not available for expenditure
until they have been transferred to another line item in part 1
under section 393(2) of the management and budget act, 1984 PA 431,
MCL 18.1393.
(4) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $100,000.00 for private
contingency funds. These funds are not available for expenditure
until they have been transferred to another line item in part 1
under section 393(2) of the management and budget act, 1984 PA 431,
MCL 18.1393.
Sec. 207. The department shall cooperate with the department
of technology, management, and budget to maintain a searchable
website accessible by the public at no cost that includes, but is
not limited to, all of the following:
(a) Fiscal year-to-date expenditures by category.
(b) Fiscal year-to-date expenditures by appropriation unit.
(c) Fiscal year-to-date payments to a selected vendor,
including the vendor name, payment date, payment amount, and
payment description.
(d) The number of active department employees by job
classification.
(e) Job specifications and wage rates.
Sec. 208. The departments and agencies receiving
appropriations in part 1 shall use the Internet to fulfill the
reporting requirements of this part. This requirement may include
transmission of reports via electronic mail to the recipients
identified for each reporting requirement, or it may include
placement of reports on an Internet or Intranet site.
Sec. 209. Funds appropriated in part 1 shall not be used for
the purchase of foreign goods or services, or both, if
competitively priced and of comparable quality American goods or
services, or both, are available. Preference shall be given to
goods or services, or both, manufactured or provided by Michigan
businesses, if they are competitively priced and of comparable
quality. In addition, preference shall be given to goods or
services, or both, that are manufactured or provided by Michigan
businesses owned and operated by veterans, if they are
competitively priced and of comparable quality.
Sec. 210. 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. 212. The department and agencies receiving appropriations
in part 1 shall receive and retain copies of all reports funded
from appropriations in part 1. Federal and state guidelines for
short-term and long-term retention of records shall be followed.
The department may electronically retain copies of reports unless
otherwise required by federal and state guidelines.
Sec. 215. The department shall not take disciplinary action
against an employee for communicating with a member of the
legislature or his or her staff.
Sec. 218. The departments and agencies receiving
appropriations in part 1 shall prepare a report on out-of-state
travel expenses not later than January 1 of each year. The travel
report shall be a listing of all travel by classified and
unclassified employees outside this state in the immediately
preceding fiscal year that was funded in whole or in part with
funds appropriated in the department's budget. The report shall be
submitted to the house and senate appropriations committees, the
house and senate fiscal agencies, and the state budget director.
The report shall include the following information:
(a) The dates of each travel occurrence.
(b) The transportation and related costs of each travel
occurrence, including the proportion funded with state general
fund/general purpose revenues, the proportion funded with state
restricted revenues, the proportion funded with federal revenues,
and the proportion funded with other revenues.
Sec. 228. Not later than November 30, the state budget office
shall prepare and transmit a report that provides for estimates of
the total general fund/general purpose appropriation lapses at the
close of the prior fiscal year. This report shall summarize the
projected year-end general fund/general purpose appropriation
lapses by major departmental program or program areas. The report
shall be transmitted to the chairpersons of the senate and house of
representatives standing committees on appropriations and the
senate and house fiscal agencies.
Sec. 229. Within 14 days after the release of the executive
budget recommendation, the department shall cooperate with the
state budget office to provide the senate and house appropriations
chairs, the senate and house appropriations subcommittees on
agriculture and rural development, respectively, and the senate and
house fiscal agencies with an annual report on estimated state
restricted fund balances, state restricted fund projected revenues,
and state restricted fund expenditures for the fiscal years ending
September 30, 2016 and September 30, 2017.
Sec. 230. 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. 231. The department shall maintain, on a publicly
accessible website, a department scorecard that identifies, tracks,
and regularly updates key metrics that are used to monitor and
improve the agency's performance.
Sec. 232. Total authorized appropriations from all sources
under part 1 for legacy costs for the fiscal year ending September
30, 2017 is $11,911,300.00. From this amount, total agency
appropriations for pension-related legacy costs are estimated at
$6,604,500.00. Total agency appropriations for retiree health care
legacy costs are estimated at $5,306,800.00.
DEPARTMENTWIDE
Sec. 301. (1) Pursuant to the appropriations in part 1, the
department may receive and expend revenue and use that revenue to
cover necessary expenses related to publications, audit and
licensing functions, livestock sales, certification of nursery
stock, and laboratory analyses as specified in the following:
(a) Management services publications.
(b) Management services audit and licensing functions.
(c) Pesticide and plant pest management propagation and
certification of virus-free foundation stock.
(d) Pesticide and plant pest management grading services.
(e) Laboratory support testing for testing horses in draft
horse pulling contests at county fairs when local jurisdictions
request state assistance.
(f) Laboratory support analyses to determine foreign
substances in horses engaged in racing or pulling contests at
tracks.
(g) Laboratory support analyses of food, livestock, and
agricultural products for disease, foreign products for disease,
toxic materials, foreign substances, and quality standards.
(h) Laboratory support test samples for other agencies and
organizations.
(i) Fruit and vegetable inspection at shipping and termination
points and processing plants.
(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 and the
fiscal agencies 30 days prior to proposing changes in fees
authorized under this section or under section 5 of 1915 PA 91, MCL
285.35.
(4) The department shall post on its website a list 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. Notification of the location
of the report on the website shall be sent to the subcommittees,
fiscal agencies, and state budget office by February 1 of each
year.
Sec. 302. Of the funds appropriated in part 1 that are other
than line-item grants, the department shall not provide grants to
local government agencies, institutions of higher education, or
nonprofit organizations unless the department provides notice of
the grant to the subcommittees and fiscal agencies at least 10 days
before the grant is issued. The grants shall be used to support
research or other related activities for the purpose of enhancing
the agricultural industries in this state.
Sec. 303. It is the intent of the legislature that the
department use revenue from licensing and inspection fees to
increase the use of technology in licensing and inspection
activities to make licensing and inspection functions, including
reporting, more efficient. The department shall work to ensure that
all license and registration applications can be completed online
through a secure web portal.
FOOD AND DAIRY
Sec. 402. The department shall provide information on
significant food-borne outbreaks and emergencies, including any
enforcement actions taken related to food safety during the
immediately preceding fiscal year in the food and dairy annual
report and post that report on the department's website no later
than April 1. The department shall provide electronic notification
of where the report can be found on the department's website to the
appropriation subcommittees, fiscal agencies, and state budget
office.
Sec. 403. The department will establish an on-farm food safety
program to assist farmers impacted by the new Food and Drug
Administration food safety modernization act, Public Law 111-353
requirements. The purpose of this new program is to create a state
and local partnership to provide training, education, and technical
assistance to Michigan farmers in order for them to be compliant
with these federal requirements. The department will track the
outcomes of the program to determine the number of farmers that
were provided assistance and the number of farms that complete a
food safety plan as a result of this program.
ANIMAL INDUSTRY
Sec. 451. From the funds appropriated in part 1 for bovine
tuberculosis, the department shall pay for all whole herd testing
costs and individual animal testing costs in the modified
accredited zone to maintain split-state status requirements. These
costs include indemnity and compensation for injury causing death
or downer to animals.
Sec. 453. (1) From the funds appropriated in part 1, the
department may provide for indemnity as provided for pursuant to
the animal industry act, 1988 PA 466, MCL 287.701 to 287.746.
(2) From the funds appropriated in part 1 for indemnification
– livestock depredation, the department may provide for indemnity
as provided for pursuant to the wildlife depredations
indemnification act, 2012 PA 487, MCL 285.361 to 285.365.
Sec. 457. On or before October 15 of the current fiscal year
and on a quarterly basis thereafter, the department shall report to
the senate and house agriculture committees, the subcommittees, and
the fiscal agencies on the department's progress toward meeting the
USDA requirements as outlined in the March 2014 bovine TB program
review. The report shall include, but is not limited to,
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
Michigan, as well as those that slaughter a significant number of
animals from Michigan; educational programs and information for
Michigan's livestock community; any other item the legislature
should be aware of that will promote or hinder efforts to achieve
bovine TB-free status for Michigan.
Sec. 458. From the funds appropriated in part 1 for animal
industry, the department shall provide inspection and testing of
aquaculture facilities and aquaculture researchers as provided
under section 7 of the Michigan aquaculture development act, 1996
PA 199, MCL 286.877.
Sec. 459. It is the intent of the legislature that the
department shall not conduct whole herd bovine TB testing on any 1
herd in a TB-free zone more often than every 4 years or re-test
until all other herds in their county have been tested, unless
involved in an epidemiological investigation, there is an outbreak
within a 10-radius-mile area, or is not on a verified wildlife risk
mitigated premises. If there is an outbreak within a 10-radius-mile
area, protocols outlined by the current memorandum of understanding
with the USDA shall be used.
ENVIRONMENTAL STEWARDSHIP
Sec. 501. The funds appropriated in part 1 for environmental
stewardship/MAEAP shall be used to support department agriculture
pollution prevention programs, including groundwater and freshwater
protection programs under part 87 of the Michigan natural resources
and environmental protection act, 1994 PA 451, MCL 324.8701 to
324.8717, and technical assistance in implementing conservation
grants available under the federal farm bill of 2014.
Sec. 504. (1) Federal revenues authorized by and available
from the federal government in excess of the appropriation in part
1 under section 107 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 fiscal
agencies prior to expending federal revenues received and
appropriated under subsection (1).
Sec. 508. (1) The appropriations in part 1 for qualified
forest affidavit program are for the purpose of increasing the
knowledge of nonindustrial private forestland owners of sound
forest management practices and increasing the amount of commercial
timber production from those lands.
(2) The department shall work in partnership with stakeholder
groups and other state and federal agencies to increase the active
management of nonindustrial private forestland to foster the growth
of Michigan's timber product industry.
LABORATORY PROGRAM
Sec. 601. The program will increase turnaround times in the
Geagley laboratory from 30%-50% to 75%-80% and implement a risk-
based inspection program on devices and package content in the
consumer protection program in the current fiscal year. The purpose
of these programs is to ensure the protection of consumers from
economic harm due to labeling or measurement fraud and to ensure
the safety of the food supply. The department will track the
outcome of the program by measuring sample analysis turnaround
times and the percentage of compliant measurement devices inspected
in the fiscal year.
AGRICULTURE DEVELOPMENT
Sec. 701. (1) The department shall establish and administer a
rural development value-added grant program. The program shall
promote the expansion of value-added agricultural production,
processing, and access within the state.
(2) In addition to the funds appropriated in part 1, the
department of agriculture and rural development may receive and
expend funds received from outside sources for rural development
value-added grants.
(3) The department shall award grants on a competitive basis
from the funds appropriated in part 1 for rural development value-
added grants. Grantees will be required to provide a cash match and
identify measurable project outcomes. Eligible grantees may
include, but are not limited to, individuals, partnerships,
cooperatives, private or public corporations, and local units of
government. Grantees will be required to identify measurable
project outcomes.
(4) A joint evaluation committee shall be selected by the
director with representatives with agriculture, business, and
economic development expertise. The joint evaluation committee
shall identify criteria, evaluate applications, and provide
recommendations to the director for final approval of grant awards.
(5) The department may expend money from the funds
appropriated in part 1 for the rural development value-added grants
for administering the program.
(6) The unexpended portion of the rural development value-
added grant program is considered a work project appropriation in
accordance with the management and budget act, 1984 PA 431, MCL
18.1101 to 18.1594.
(7) The department shall provide an interim report no later
than March 15 of the current fiscal year and a year-end report no
later than September 30 of the current fiscal year to the
subcommittees and the fiscal agencies, including the grantees,
award amount, match funding, and project outcomes.
(8) The department shall make available on the agency's
website a list of the grantees, award amount, match funding, and
project outcomes. The department shall electronically notify the
appropriations subcommittees, fiscal agencies, and state budget
office of the location of this list.
Sec. 702. The department will 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. The funds appropriated from the rural development fund
must be used in accordance with the provisions outlined in 2012 PA
411.
Sec. 706. On or before April 1, the department shall report to
the house and senate appropriations subcommittees on agriculture
and rural development, and the house and senate fiscal agencies, on
the department's agriculture development and export market
development activities. The report shall include the following
information on any grants awarded during the prior fiscal year:
(a) The name of the grantee.
(b) The amount of the grant.
(c) The purpose of the grant, including measurable outcomes.
(d) Additional state, federal, private, or local funds
contributed to the grant project.
(e) The completion date of grant-funded activities.
Sec. 709. (1) Not later than April 1 of the current fiscal
year, the department shall provide a report to the subcommittees
and the fiscal agencies describing the activities of the grape and
wine industry council established under section 303 of the Michigan
liquor control code of 1998, 1998 PA 58, MCL 436.1303.
(2) The report shall include all of the following:
(a) Council activities and accomplishments for the previous
fiscal year.
(b) Council expenditures for the previous fiscal year by
category of administration, industry support, research and
education grants, and promotion and consumer education.
(c) Grants awarded during the previous fiscal year and the
results of research grant projects completed during the previous
fiscal year.
FAIRS AND EXPOSITIONS
Sec. 801. All appropriations from the agriculture equine
industry development fund shall be spent on equine-related
purposes. No funds from the agriculture equine industry development
fund shall be expended for nonequine-related purposes without prior
approval of the legislature.
Sec. 802. All appropriations from the agriculture equine
industry development fund, except for the Michigan gaming control
board's regulatory expenses and the department's expenses to
administer horse racing programs and laboratory analysis, shall be
reduced proportionately if revenues to the agriculture equine
industry development fund decline during the preceding fiscal year
to a level lower than the amounts appropriated in part 1.
Sec. 805. (1) The department shall establish and administer a
county fairs capital improvement grant program. The program shall
assist in the promotion of building improvements or other capital
improvements at county fairgrounds of the state.
(2) The department shall award grants on a competitive basis
to county fair organizations from the funds appropriated in part 1
for county fairs capital improvements grants. Grantees will be
required to provide a dollar-for-dollar cash match with grant
awards and identify measurable project outcomes.
(3) The department shall identify criteria, evaluate
applications, and provide recommendations to the director for final
approval of grant awards.
(4) The department may expend money from the funds
appropriated in part 1 for the county fairs capital improvement
grants for administering the program.
(5) The unexpended portion of the county fairs capital
improvement grant program is considered a work project
appropriation in accordance with the management and budget act,
1984 PA 431, MCL 18.1101 to 18.1594.
(6) The department shall provide a year-end report no later
than December 1, 2017 to the subcommittees and the fiscal agencies,
including the grantees, award amount, match funding, and project
outcomes.
Sec. 806. (1) The amount appropriated in part 1 for shows and
expositions shall be expended for the purpose of financial support,
promotion, prizes, and premiums of equine, livestock, and other
agricultural commodity expositions in Michigan.
(2) The department shall award grants for the purposes
stipulated in subsection (1) on a competitive basis to persons
organizing shows and expositions from the funds appropriated in
part 1 for shows and expositions. Grantees will be required to
provide a dollar-for-dollar cash match with grant awards and
identify measurable project outcomes.
(3) The department shall identify criteria, evaluate
applications, and provide recommendations to the director for final
approval of grant awards.
(4) The unexpended portion of the appropriation for shows and
expositions is considered a work project appropriation in
accordance with the management and budget act, 1984 PA 431, MCL
18.1101 to 18.1594.
(5) The department shall provide a year-end report no later
than December 1, 2017 to the subcommittees and the fiscal agencies,
including the grantees, award amount, match funding, and project
outcomes.
PART 2A
PROVISIONS CONCERNING ANTICIPATED APPROPRIATIONS
FOR FISCAL YEAR 2017-2018
GENERAL SECTIONS
Sec. 1201. It is the intent of the legislature to provide
appropriations for the fiscal year ending on September 30, 2018 for
the line items listed in part 1. The fiscal year 2017-2018
appropriations are anticipated to be the same as those for fiscal
year 2016-2017, except that the line items will be adjusted for
changes in caseload and related costs, federal fund match rates,
economic factors, and available revenue. These adjustments will be
determined after the January 2017 consensus revenue estimating
conference.
ARTICLE V
DEPARTMENT OF CORRECTIONS
PART 1
LINE-ITEM APPROPRIATIONS
Sec. 101. There is appropriated for the department of
corrections for the fiscal year ending September 30, 2017, from the
following funds:
DEPARTMENT OF CORRECTIONS
APPROPRIATION SUMMARY
Average population.................................. 0
Full-time equated unclassified positions......... 16.0
Full-time equated classified positions....... 13,792.9
GROSS APPROPRIATION.................................... $ 2,020,807,400
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 0
ADJUSTED GROSS APPROPRIATION........................... $ 2,020,807,400
Federal revenues:
Total federal revenues................................. 5,523,700
DED-OESE, title I...................................... 917,800
DED-OSERS.............................................. 117,600
DED-OVAE, adult education.............................. 360,600
DED-vocational education equipment..................... 155,300
DED, youthful offender/Specter grant................... 206,000
DOJ-BOP, federal prisoner reimbursement................ 411,000
DOJ-second chance act reentry initiative............... 500,000
DOJ, office of justice programs, RSAT.................. 250,200
DOJ, prison rape elimination act grant................. 674,700
DOJ, prisoner reintegration............................ 250,000
DOJ, state criminal assistance program................. 1,034,800
SSA-SSI, incentive payment............................. 272,000
Federal revenues and reimbursements.................... 373,700
Special revenue funds:
Total local revenues................................... 8,692,800
Local revenues......................................... 8,487,400
Local - community tether program reimbursement......... 205,400
Total private revenues................................. 0
Total other state restricted revenues.................. 37,133,000
Correctional industries revolving fund................. 11,197,900
Senate Bill No. 800 as amended May 4, 2016
Jail reimbursement program fund........................ 5,900,000
Local corrections officer training fund................ 100,000
Reentry center offender reimbursements................. 24,300
Parole and probation oversight fees.................... 4,428,600
Parole and probation oversight fees set-aside.......... 1,634,800
Prisoner health care copayments........................ 257,200
Public works user fees................................. 1,000,000
Resident stores........................................ 3,372,600
Program and special equipment fund..................... 6,634,600
Tether program, participant contributions.............. 2,480,900
State restricted fees, out-of-state prisoners.......... 99,800
State restricted revenues and reimbursements........... 2,300
State general fund/general purpose..................... $ 1,969,457,900
Sec. 102. EXECUTIVE
Full-time equated unclassified positions......... 16.0
Full-time equated classified positions........... 20.0
Unclassified positions--16.0 FTE positions............. $ 1,793,800
Executive direction--20.0 FTE positions................ 4,208,600
GROSS APPROPRIATION.................................... $ 6,002,400
Appropriated from:
State general fund/general purpose..................... $ 6,002,400
Sec. 103. PRISONER REENTRY AND COMMUNITY SUPPORT
Full-time equated classified positions.......... 343.4
Prisoner reentry local service providers............... $ 13,208,600
Prisoner reentry MDOC programs......................... 9,124,100
Prisoner reentry federal grants........................ 750,000
Public safety initiative............................... <<3,000,000>>
Senate Bill No. 800 as amended May 4, 2016
Reentry services--70.0 FTE positions................... 14,965,100
Education program--273.4 FTE positions................. 39,555,500
Community corrections comprehensive plans and services. 12,158,000
Felony drunk driver jail reduction and community
treatment program.................................... 1,440,100
Residential services................................... 15,475,500
Goodwill flip the script............................... 2,500,000
GROSS APPROPRIATION.................................... $ <<112,176,900>>
Appropriated from:
Federal revenues:
DOJ-second chance act reentry initiative............... 500,000
DOJ, prisoner reintegration............................ 250,000
DED-vocational education equipment..................... 155,300
DED-OESE, title I...................................... 917,800
DED-OVAE, adult education.............................. 360,600
DED-OSERS.............................................. 117,600
DED, youthful offender/Specter grant................... 206,000
Special revenue funds:
Program and special equipment fund..................... 5,213,200
State general fund/general purpose..................... $ <<104,456,400>>
Sec. 104. BUDGET AND OPERATIONS ADMINISTRATION
Full-time equated classified positions.......... 247.0
Budget and operations administration--185.0 FTE
positions............................................ 24,696,700
Prison industries operations--62.0 FTE positions....... 9,837,400
New custody staff training............................. $ 9,216,500
Compensatory buyout and union leave bank............... 100
Senate Bill No. 800 as amended May 4, 2016
Worker's compensation.................................. 14,171,300
Rent................................................... 2,349,100
Equipment and special maintenance...................... 1,559,700
Administrative hearings officers....................... 3,407,100
Judicial data warehouse user fees...................... 50,000
Sheriffs' coordinating and training office............. 100,000
Prosecutorial and detainer expenses.................... 5,001,000
County jail reimbursement program...................... 13,597,100
GROSS APPROPRIATION.................................... $ 83,986,000
Appropriated from:
Special revenue funds:
Jail reimbursement program fund........................ 5,900,000
Program and special equipment fund..................... $ 100
Local corrections officer training fund................ 100,000
Correctional industries revolving fund................. 10,451,800
DOJ-prison rape elimination act grant.................. 674,700
State general fund/general purpose..................... $ 66,859,400
Sec. 105. FIELD OPERATIONS ADMINISTRATION
Full-time equated classified positions........ 2,194.6
Field operations--1,881.9 FTE positions................ $ 213,669,400
Parole board operations--33.0 FTE positions............ 3,812,000
Parole/probation services.............................. 940,000
Detroit Detention Center--63.1 FTE positions........... 8,487,400
Detroit Reentry Center--216.6 FTE positions............ 27,073,900
Supervising region incentive program................... 3,000,000
Criminal justice reinvestment.......................... <<15,000,000>>
Parole sanction certainty pilot program................ 1,440,000
Senate Bill No. 800 as amended May 4, 2016
GROSS APPROPRIATION.................................... $ <<273,422,700>>
Appropriated from:
Local revenues......................................... 8,487,400
Special revenue funds:
Local - community tether program reimbursement......... 205,400
Reentry center offender reimbursements................. 24,300
Parole and probation oversight fees.................... 4,428,600
Parole and probation oversight fees set-aside.......... 940,000
Tether program, participant contributions.............. 2,480,900
State general fund/general purpose..................... $ <<256,856,100>>
Sec. 106. CORRECTIONAL FACILITIES ADMINISTRATION
Full-time equated classified positions.......... 319.0
Correctional facilities administration--21.0 FTE
positions............................................ $ 5,046,600
Prison food service.................................... 53,868,900
Transportation--211.0 FTE positions.................... 22,738,200
Central records--52.0 FTE positions.................... 6,015,600
Inmate legal services.................................. 790,900
Housing inmates in federal institutions................ 611,000
Prison store operations--35.0 FTE positions............ 3,372,600
Leased beds and alternatives to leased beds............ 5,250,000
Public works programs.................................. 1,000,000
Cost-effective housing initiative...................... 100
Inmate housing fund.................................... 100
GROSS APPROPRIATION.................................... $ 98,694,000
Appropriated from:
Federal revenues:
DOJ-BOP, federal prisoner reimbursement................ 411,000
SSA-SSI, incentive payment............................. 272,000
Special revenue funds:
Correctional industries revolving fund................. 569,000
Public works user fees................................. 1,000,000
Resident stores........................................ 3,372,600
State general fund/general purpose..................... $ 93,069,400
Sec. 107. HEALTH CARE
Full-time equated classified positions........ 1,483.9
Health care administration--21.0 FTE positions......... $ 3,690,800
Prisoner health care services.......................... 68,380,400
Vaccination program.................................... 691,200
Interdepartmental grant to health and human
services, eligibility specialists.................... 100,000
Mental health services and support--372.0 FTE
positions............................................ 60,465,700
Clinical complexes--1,070.9 FTE positions.............. 140,871,700
Healthy Michigan plan administration--12.0 FTE
positions............................................ 1,100,700
Substance abuse testing and treatment services--8.0
FTE positions........................................ 21,590,600
Hepatitis C treatment.................................. 4,400,000
GROSS APPROPRIATION.................................... $ 301,291,100
Appropriated from:
Federal revenues:
DOJ, office of justice programs, RSAT.................. 250,200
Federal revenues and reimbursements.................... 373,700
Special revenue funds:
Prisoner health care copayments........................ 257,200
State general fund/general purpose..................... $ 300,410,000
Sec. 108. CORRECTIONAL FACILITIES
Average population.................................. 0
Full-time equated classified positions........ 9,185.0
Correctional facilities (28 facilities)--9,013.0
FTE positions........................................ $ 1,065,325,700
Capital outlay......................................... 14,000,000
Northern region administration and support--48.0 FTE
positions............................................ 4,509,900
Southern region administration and support--124.0
FTE positions........................................ 24,098,000
GROSS APPROPRIATION.................................... $ 1,107,933,600
Appropriated from:
Federal revenues:
DOJ, state criminal assistance program................. 1,034,800
Special revenue funds:
State restricted fees, out-of-state prisoners.......... 99,800
State restricted revenues and reimbursements........... 2,300
State general fund/general purpose..................... $ 1,106,796,700
Sec. 109. INFORMATION TECHNOLOGY
Information technology services and projects........... $ 28,813,300
GROSS APPROPRIATION.................................... $ 28,813,300
Appropriated from:
Special revenue funds:
Correctional industries revolving fund................. 177,100
Parole and probation oversight fees set-aside.......... 694,800
Program and special equipment fund..................... 440,000
State general fund/general purpose..................... $ 27,501,400
Sec. 110. ONE-TIME APPROPRIATIONS
New custody training staff--one time................... $ 7,506,100
Ballistic vests--one time.............................. 981,300
GROSS APPROPRIATION.................................... $ 8,487,400
Appropriated from:
Special revenue funds:
Program and special equipment fund..................... 981,300
State general fund/general purpose..................... $ 7,506,100
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
FOR FISCAL YEAR 2016-2017
GENERAL SECTIONS
Sec. 201. Pursuant to section 30 of article IX of the state
constitution of 1963, total state spending from state resources
under part 1 for fiscal year 2016-2017 is $2,006,590,900.00 and
state spending from state resources to be paid to local units of
government for fiscal year 2016-2017 is $115,670,600.00. The
itemized statement below identifies appropriations from which
spending to local units of government will occur:
DEPARTMENT OF CORRECTIONS
Field operations - assumption of county
probation staff...................................... $ 61,749,900
Community corrections comprehensive plans
and services......................................... 12,158,000
Reentry services – intensive detention reentry program. 1,500,000
Residential services................................... 15,475,500
County jail reimbursement program...................... 13,597,100
Felony drunk driver jail reduction and
community treatment program.......................... 1,440,100
Leased beds and alternatives to leased beds............ 5,250,000
Public safety initiative............................... 4,500,000
TOTAL.................................................. $ 115,670,600
Sec. 202. The appropriations authorized under this part and
part 1 are subject to the management and budget act, 1984 PA 431,
MCL 18.1101 to 18.1594.
Sec. 203. As used in this part and part 1:
(a) "Administrative segregation" means confinement for
maintenance of order or discipline to a cell or room apart from
accommodations provided for inmates who are participating in
programs of the facility.
(b) "Cost per prisoner" means the sum total of the funds
appropriated under part 1 for the following, divided by the
projected prisoner population in fiscal year 2016-2017:
(i) Correctional facilities.
(ii) Northern and southern region administration and support.
(iii) Clinical and mental health services and support.
(iv) Prisoner health care services.
(v) Vaccination program.
(vi) Prison food service and federal school lunch program.
(vii) Transportation.
(viii) Inmate legal services.
(ix) Correctional facilities administration.
(x) Central records.
(xi) Worker's compensation.
(xii) New custody staff training.
(xiii) Prison store operations.
(xiv) Education program.
(c) "DAG" means the United States Department of Agriculture.
(d) "DAG-FNS" means the DAG Food and Nutrition Service.
(e) "DED" means the United States Department of Education.
(f) "DED-OESE" means the DED Office of Elementary and
Secondary Education.
(g) "DED-OSERS" means the DED Office of Special Education and
Rehabilitative Services.
(h) "DED-OVAE" means the DED Office of Vocational and Adult
Education.
(i) "Department" or "MDOC" means the Michigan department of
corrections.
(j) "DOJ" means the United States Department of Justice.
(k) "DOJ-BOP" means the DOJ Bureau of Prisons.
(l) "DOJ-OJP" means the DOJ Office of Justice Programs.
(m) "EPIC program" means the department's effective process
improvement and communication program.
(n) "Evidence-based practices" or "EBP" means a decision-
making process that integrates the best available research,
clinician expertise, and client characteristics.
(o) "FTE" means full-time equated.
(p) "Goal" means the intended or projected result of a
comprehensive corrections plan or community corrections program to
reduce repeat offending, criminogenic and high-risk behaviors,
prison commitment rates, to reduce the length of stay in a jail, or
to improve the utilization of a jail.
(q) "IDG" means interdepartmental grant.
(r) "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.
(s) "MDHHS" means the Michigan department of health and human
services.
(t) "MDSP" means the Michigan department of state police.
(u) "Medicaid benefit" means a benefit paid or payable under a
program for medical assistance under the social welfare act, 1939
PA 280, MCL 400.1 to 400.119b.
(v) "Objective risk and needs assessment" means an evaluation
of an offender's criminal history; the offender's noncriminal
history; and any other factors relevant to the risk the offender
would present to the public safety, including, but not limited to,
having demonstrated a pattern of violent behavior, and a criminal
record that indicates a pattern of violent offenses.
(w) "OCC" means office of community corrections.
(x) "Offender eligibility criteria" means particular criminal
violations, state felony sentencing guidelines descriptors, and
offender characteristics developed by advisory boards and approved
by local units of government that identify the offenders suitable
for community corrections programs funded through the office of
community corrections.
(y) "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.
(z) "Offender target populations" means felons or
misdemeanants who would likely be sentenced to imprisonment in a
state correctional facility or jail, who would not likely increase
the risk to the public safety based on an objective risk and needs
assessment that indicates that the offender can be safely treated
and supervised in the community.
(aa) "Offender who would likely be sentenced to imprisonment"
means either of the following:
(i) A felon or misdemeanant who receives a sentencing
disposition that appears to be in place of incarceration in a state
correctional facility or jail, according to historical local
sentencing patterns.
(ii) A currently incarcerated felon or misdemeanant who is
granted early release from incarceration to a community corrections
program or who is granted early release from incarceration as a
result of a community corrections program.
(bb) "Programmatic success" means that the department program
or initiative has ensured that the offender has accomplished all of
the following:
(i) Obtained employment, has enrolled or participated in a
program of education or job training, or has investigated all bona
fide employment opportunities.
(ii) Obtained housing.
(iii) Obtained a state identification card.
(cc) "Recidivism" means the return of an individual to prison
within 3 years after he or she is released either with a new
sentence to prison or as a technical violator of parole conditions.
(dd) "RSAT" means residential substance abuse treatment.
(ee) "Serious emotional disturbance" means that term as
defined in section 100d(2) of the mental health code, 1974 PA 328,
MCL 330.1100d.
(ff) "Serious mental illness" means that term as defined in
section 100d(3) of the mental health code, 1974 PA 328, MCL
330.1100d.
(gg) "SSA" means the United States Social Security
Administration.
(hh) "SSA-SSI" means SSA supplemental security income.
Sec. 206. The department shall not take disciplinary action
against an employee or a prisoner for communicating with a member
of the legislature or his or her staff.
Sec. 208. The departments and agencies receiving
appropriations in part 1 shall use the Internet to fulfill the
reporting requirements of this part. This requirement may include
transmission of reports via electronic mail to the recipients
identified for each reporting requirement or it may include
placement of reports on an Internet or Intranet site.
Sec. 209. 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. 211. 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. 212. On a quarterly basis, the department shall report on
the number of full-time equated positions in pay status by civil
service classification to the senate and house appropriations
subcommittees on corrections, the legislative corrections
ombudsman, and the senate and house fiscal agencies. This report
shall include a detailed accounting of the long-term vacancies that
exist within each department. As used in this subsection, "long-
term vacancy" means any full-time equated position that has not
been filled at any time during the past 12 and 24 calendar months.
Sec. 214. The department shall receive and retain copies of
all reports funded from appropriations in part 1. Federal and state
guidelines for short-term and long-term retention of records shall
be followed. The department may electronically retain copies of
reports unless otherwise required by federal and state guidelines.
Sec. 216. The department shall prepare a report on out-of-
state travel expenses not later than January 1 of each year. The
travel report shall be a listing of all travel by classified and
unclassified employees outside this state in the immediately
preceding fiscal year that was funded in whole or in part with
funds appropriated in the department's budget. The report shall be
submitted to the senate and house standing committees on
appropriations, the senate and house fiscal agencies, and the state
budget director. The report shall include the following
information:
(a) The dates of each travel occurrence.
(b) The total transportation and related costs of each travel
occurrence, including the proportion funded with state general
fund/general purpose revenues, the proportion funded with state
restricted revenues, the proportion funded with federal revenues,
and the proportion funded with other revenues.
Sec. 219. (1) Any contract for prisoner telephone services
entered into after the effective date of this section shall include
a condition that fee schedules for prisoner telephone calls,
including rates and any surcharges other than those necessary to
meet program and special equipment costs, be the same as fee
schedules for calls placed from outside of correctional facilities.
(2) Revenues appropriated and collected for program and
special equipment funds shall be considered state restricted
revenue. Funding shall be used for prisoner programming, special
equipment, and security projects. Unexpended funds remaining at the
close of the fiscal year shall not lapse to the general fund but
shall be carried forward and be available for appropriation in
subsequent fiscal years.
(3) The department shall submit a report to the senate and
house appropriations subcommittees on corrections, the senate and
house fiscal agencies, the legislative corrections ombudsman, and
the state budget director by February 1 outlining revenues and
expenditures from program and special equipment funds. The report
shall include all of the following:
(a) A list of all individual projects and purchases financed
with program and special equipment funds in the immediately
preceding fiscal year, the amounts expended on each project or
purchase, and the name of each vendor the products or services were
purchased from.
(b) A list of planned projects and purchases to be financed
with program and special equipment funds during the current fiscal
year, the amounts to be expended on each project or purchase, and
the name of each vendor for which the products or services were
purchased.
(c) A review of projects and purchases planned for future
fiscal years from program and special equipment funds.
Sec. 220. 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 fiscal year. This report shall summarize the projected
year-end general fund/general purpose appropriation lapses by major
departmental program or program areas. The report shall be
transmitted to the chairpersons of the senate and house of
representatives standing committees on appropriations and the
senate and house fiscal agencies.
Sec. 221. The department shall cooperate with the department
of technology, management, and budget to maintain a searchable
website accessible by the public at no cost that includes, but is
not limited to, all of the following for the department:
(a) Fiscal year-to-date expenditures by category.
(b) Fiscal year-to-date expenditures by appropriation unit.
(c) Fiscal year-to-date payments to a selected vendor,
including the vendor name, payment date, payment amount, and
payment description.
(d) The number of active department employees by job
classification.
(e) Job specifications and wage rates.
Sec. 223. (1) In addition to the funds appropriated in part 1,
there is appropriated an amount not to exceed $10,000,000.00 for
federal contingency funds. These funds are not available for
expenditure until they have been transferred to another line item
in part 1 under section 393(2) of the management and budget act,
1984 PA 431, MCL 18.1393.
(2) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $10,000,000.00 for state
restricted contingency funds. These funds are not available for
expenditure until they have been transferred to another line item
in part 1 under section 393(2) of the management and budget act,
1984 PA 431, MCL 18.1393.
(3) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $2,000,000.00 for local
contingency funds. These funds are not available for expenditure
until they have been transferred to another line item in part 1
under section 393(2) of the management and budget act, 1984 PA 431,
MCL 18.1393.
(4) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $2,000,000.00 for private
contingency funds. These funds are not available for expenditure
until they have been transferred to another line item in part 1
under section 393(2) of the management and budget act, 1984 PA 431,
MCL 18.1393.
Sec. 229. Within 14 days after the release of the executive
budget recommendation, the department shall cooperate with the
state budget office to provide the chairpersons of the senate and
house appropriations committees, the chairpersons of the senate and
house appropriations subcommittees on corrections, and the senate
and house fiscal agencies with an annual report on estimated state
restricted fund balances, state restricted fund projected revenues,
and state restricted fund expenditures for the fiscal years ending
September 30, 2016 and September 30, 2017.
Sec. 230. Funds appropriated in part 1 shall not be used by
the department to hire a person to provide legal services that are
the responsibility of the attorney general. This prohibition does
not apply to legal services for bonding activities and for those
outside services that the attorney general authorizes.
Sec. 231. 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. 239. It is the intent of the legislature that the
department establish and maintain a management-to-staff ratio of
not more than 1 supervisor for each 8 employees at the department's
central office in Lansing and at both the northern and southern
region administration offices.
Sec. 246. Total authorized appropriations from all sources
under part 1 for legacy costs for the fiscal year ending September
30, 2017 are $337,858,200.00. From this amount, total department
appropriations for pension-related legacy costs are estimated at
$187,327,100.00. Total department appropriations for retiree health
care legacy costs are estimated at $150,531,100.00.
Sec. 247. In addition to the metrics required under section
447 of the management and budget act, 1984 PA 431, MCL 18.1447, for
each new program or program enhancement for which funds in excess
of $500,000.00 are appropriated in part 1, the department shall
provide not later than November 1 a list of program-specific
metrics intended to measure its performance based on a return on
taxpayer investment. The department shall deliver the program-
specific metrics to members of the senate and house subcommittees
that have subject matter jurisdiction for this budget, the senate
and house fiscal agencies, and the state budget director. The
department shall provide an update on its progress in tracking
program-specific metrics and the status of program success at an
appropriations subcommittee meeting called for by the subcommittee
chair.
EXECUTIVE
Sec. 301. For 3 years after a felony offender is released from
the department's jurisdiction, the department shall maintain the
offender's file on the offender tracking information system and
make it publicly accessible in the same manner as the file of the
current offender. However, the department shall immediately remove
the offender's file from the offender tracking information system
upon determination that the offender was wrongfully convicted and
the offender's file is not otherwise required to be maintained on
the offender tracking information system.
Sec. 304. The department shall maintain a staff savings
initiative program in conjunction with the EPIC program for
employees to submit suggestions for saving costs for the
department. The department shall consider each suggestion in a
timely manner. By March 1, the department shall report to the
senate and house appropriations subcommittees on corrections, the
legislative corrections ombudsman, the senate and house fiscal
agencies, and the state budget director on any savings proposals,
the date implemented, the amount of the expected savings, and any
process improvements that can be implemented in other areas of the
department. The report shall also include any rejected savings
proposal and the reason that the proposal was refused.
PRISONER REENTRY AND COMMUNITY SUPPORT
Sec. 401. The department shall submit 3-year and 5-year prison
population projection updates concurrent with submission of the
executive budget recommendation to the senate and house
appropriations subcommittees on corrections, the legislative
corrections ombudsman, the senate and house fiscal agencies, and
the state budget director. The report shall include explanations of
the methodology and assumptions used in developing the projection
updates.
Sec. 402. By March 1, the department shall provide a report on
prisoner reentry expenditures and allocations to the members of the
senate and house appropriations subcommittees on corrections, the
legislative corrections ombudsman, the senate and house fiscal
agencies, and the state budget director. At a minimum, the report
shall include information on both of the following:
(a) Details on prior-year expenditures, including amounts
spent on each project funded, itemized by service provided and
service provider.
(b) Allocations and planned expenditures for each project
funded and for each project to be funded, itemized by service to be
provided and service provider. The department shall provide an
amended report quarterly, if any revisions to allocations or
planned expenditures occurred during that quarter.
Sec. 403. By February 1, the department shall report to the
senate and house appropriations subcommittees on corrections, the
legislative corrections ombudsman, the senate and house fiscal
agencies, and the state budget director on the department's EPIC
program. The report shall include the following: the exact scope
and purpose of the EPIC program, the areas of the department that
have received any EPIC resources, the line items in part 1 that are
expected to recognize savings due to the EPIC program, the
identified areas of the department where the EPIC program has
changed the department's policy, and the number of the full-time
equivalent positions in the department that are assigned to the
EPIC program during the prior fiscal year.
Sec. 404. The department shall not increase spending in part 1
for reentry services above $14,965,100.00 until it has issued a
request for information for reentry services, substance abuse, and
sex offender contracts and assessed the value of each program.
Sec. 405. By March 1, the department shall report to the
senate and house appropriations subcommittees on corrections, the
legislative corrections ombudsman, the senate and house fiscal
agencies, and the state budget director on substance abuse testing
and treatment program objectives, outcome measures, and results,
including program impact on offender success and programmatic
success.
Sec. 407. By April 1, the department shall place the
statistical report from the immediately preceding calendar year on
an Internet site. The statistical report shall include, but not be
limited to, the information as provided in the 2004 statistical
report.
Sec. 408. The department shall measure the recidivism rates of
offenders.
Sec. 409. (1) The department shall engage with the talent
investment agency within the department of talent and economic
development and local entities to design services and shall use
appropriations provided in part 1 for reentry and vocational
education programs. The department shall ensure that the
collaboration provides relevant professional development
opportunities to prisoners to ensure that the programs are high
quality, demand driven, locally receptive, and responsive to the
needs of communities where the prisoners are expected to reside
after their release from correctional facilities. The programs
shall begin upon the intake of the prisoner into a department
facility.
(2) It is the intent of the legislature that the workforce
development programming continue through the entire duration of the
prisoner's incarceration to encourage employment upon release.
(3) By March 1, the department shall provide a report to the
senate and house appropriations subcommittees on corrections, the
legislative corrections ombudsman, and the senate and house fiscal
agencies detailing the results of the workforce development
program.
Sec. 410. (1) The funds included in part 1 for community
corrections comprehensive plans and services are to encourage the
development through technical assistance grants, implementation,
and operation of community corrections programs that enhance
offender success and that also may serve as an alternative to
incarceration in a state facility or jail. The comprehensive
corrections plans shall include an explanation of how the public
safety will be maintained, the goals for the local jurisdiction,
offender target populations intended to be affected, offender
eligibility criteria for purposes outlined in the plan, and how the
plans will meet the following objectives, consistent with section
8(4) of the community corrections act, 1988 PA 511, MCL 791.408:
(a) Reduce admissions to prison of offenders who would likely
be sentenced to imprisonment, including probation violators.
(b) Improve the appropriate utilization of jail facilities,
the first priority of which is to open jail beds intended to house
otherwise prison-bound felons, and the second priority being to
appropriately utilize jail beds so that jail crowding does not
occur.
(c) Open jail beds through the increase of pretrial release
options.
(d) Reduce the readmission to prison of parole violators.
(e) Reduce the admission or readmission to prison of
offenders, including probation violators and parole violators, for
substance abuse violations.
(f) Contribute to offender success.
(2) The award of community corrections comprehensive plans and
residential services funds shall be based on criteria that include,
but are not limited to, the prison commitment rate by category of
offenders, trends in prison commitment rates and jail utilization,
historical trends in community corrections program capacity and
program utilization, and the projected impact and outcome of annual
policies and procedures of programs on offender success, prison
commitment rates, and jail utilization.
(3) Funds awarded for residential services in part 1 shall
provide for a per diem reimbursement of not more than $47.50 for
nonaccredited facilities, or of not more than $48.50 for facilities
that have been accredited by the American Corrections Association
or a similar organization as approved by the department.
Sec. 411. The comprehensive corrections plans shall also
include, where appropriate, descriptive information on the full
range of sanctions and services that are available and utilized
within the local jurisdiction and an explanation of how jail beds,
residential services, the special alternative incarceration
program, probation detention centers, the electronic monitoring
program for probationers, and treatment and rehabilitative services
will be utilized to support the objectives and priorities of the
comprehensive corrections plans and the purposes and priorities of
section 8(4) of the community corrections act, 1988 PA 511, MCL
791.408, that contribute to the success of offenders. The plans
shall also include, where appropriate, provisions that detail how
the local communities plan to respond to sentencing guidelines
found in chapter XVII of the code of criminal procedure, 1927 PA
175, MCL 777.1 to 777.69, and use the county jail reimbursement
program under section 414. The state community corrections board
shall encourage local community corrections advisory boards to
include in their comprehensive corrections plans strategies to
collaborate with local alcohol and drug treatment agencies of the
MDHHS for the provision of alcohol and drug screening, assessment,
case management planning, and delivery of treatment to alcohol- and
drug-involved offenders.
Sec. 412. (1) As part of the March biannual report specified
in section 12(2) of the community corrections act, 1988 PA 511, MCL
791.412, that requires an analysis of the impact of that act on
prison admissions and jail utilization, the department shall submit
to the senate and house appropriations subcommittees on
corrections, the legislative corrections ombudsman, the senate and
house fiscal agencies, and the state budget director the following
information for each county and counties consolidated for
comprehensive corrections plans:
(a) Approved technical assistance grants and comprehensive
corrections plans including each program and level of funding, the
utilization level of each program, and profile information of
enrolled offenders.
(b) If federal funds are made available, the number of
participants funded, the number served, the number successfully
completing the program, and a summary of the program activity.
(c) Status of the community corrections information system and
the jail population information system.
(d) Data on residential services, including participant data,
participant sentencing guideline scores, program expenditures,
average length of stay, and bed utilization data.
(e) Offender disposition data by sentencing guideline range,
by disposition type, by prior record variable score, by number and
percent statewide and by county, current year, and comparisons to
the previous 3 years.
(f) Data on the use of funding made available under the felony
drunk driver jail reduction and community treatment program.
(2) The report required under subsection (1) shall include the
total funding allocated, program expenditures, required program
data, and year-to-date totals.
Sec. 413. (1) The department shall identify and coordinate
information regarding the availability of and the demand for
community corrections programs, jail-based community corrections
programs, jail-based probation violation sanctions, and all state-
required jail data.
(2) The department is responsible for the collection,
analysis, and reporting of all state-required jail data.
(3) As a prerequisite to participation in the programs and
services offered through the department, counties shall provide
necessary jail data to the department.
Sec. 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 $60.00
per diem per diverted offender for offenders with a presumptive
prison guideline score, $50.00 per diem per diverted offender for
offenders with a straddle cell guideline for a group 1 crime, and
$35.00 per diem per diverted offender for offenders with a straddle
cell guideline for a group 2 crime. Reimbursements shall be paid
for sentences up to a 1-year total.
(4) As used in this subsection:
(a) "Group 1 crime" means a crime in 1 or more of the
following offense categories: arson, assault, assaultive other,
burglary, criminal sexual conduct, homicide or resulting in death,
other sex offenses, robbery, and weapon possession as determined by
the department of corrections based on specific crimes for which
counties received reimbursement under the county jail reimbursement
program in fiscal year 2007 and fiscal year 2008, and listed in the
county jail reimbursement program document titled "FY 2007 and FY
2008 Group One Crimes Reimbursed", dated March 31, 2009.
(b) "Group 2 crime" means a crime that is not a group 1 crime,
including larceny, fraud, forgery, embezzlement, motor vehicle,
malicious destruction of property, controlled substance offense,
felony drunk driving, and other nonassaultive offenses.
(c) "In the custody of the sheriff" means that the convicted
felon has been sentenced to the county jail and is either housed in
the county jail or has been released from jail and is being
monitored through the use of the sheriff's electronic monitoring
system.
(5) County jail reimbursement program expenditures shall not
exceed the amount appropriated in part 1 for the county jail
reimbursement program. Payments to counties under the county jail
reimbursement program shall be made in the order in which properly
documented requests for reimbursements are received. A request
shall be considered to be properly documented if it meets MDOC
requirements for documentation. By October 15, the department shall
distribute the documentation requirements to all counties.
(6) Any county that receives funding under this section for
the purpose of housing in jails certain felons who otherwise would
have been sentenced to prison shall, as a condition of receiving
the funding, report by September 30 an annual average jail capacity
and annual average jail occupancy for the immediately preceding
fiscal year.
Sec. 416. Allowable uses of felony drunk driver jail reduction
and community treatment program funding shall include reimbursing
counties for transportation, treatment costs, and housing felony
drunk drivers during a period of assessment for treatment and case
planning. Reimbursements for housing during the assessment process
shall be at the rate of $43.50 per day per offender, up to a
maximum of 5 days per offender.
Sec. 417. (1) By March 1, the department shall report to the
members of the senate and house appropriations subcommittees on
corrections, the legislative corrections ombudsman, the senate and
house fiscal agencies, and the state budget director on each of the
following programs from the previous fiscal year:
(a) The county jail reimbursement program.
(b) The felony drunk driver jail reduction and community
treatment program.
(c) Any new initiatives to control prison population growth
funded or proposed to be funded under part 1.
(2) For each program listed under subsection (1), the report
shall include information on each of the following:
(a) Program objectives and outcome measures, including, but
not limited to, the number of offenders who successfully completed
the program, and the number of offenders who successfully remained
in the community during the 3 years following termination from the
program.
(b) Expenditures by location.
(c) The impact on jail utilization.
(d) The impact on prison admissions.
(e) Other information relevant to an evaluation of the
program.
Sec. 418. (1) The department shall collaborate with the state
court administrative office on facilitating changes to Michigan
court rules that would require the court to collect at the time of
sentencing the state operator's license, state identification card,
or other documentation used to establish the identity of the
individual to be admitted to the department. The department shall
maintain those documents in the prisoner's personal file.
(2) The department shall cooperate with MDHHS to create and
maintain a process by which prisoners can obtain their Michigan
birth certificates if necessary. The department shall describe a
process for obtaining birth certificates from other states, and in
situations where the prisoner's effort fails, the department shall
assist in obtaining the birth certificate.
(3) The department shall collaborate with the department of
military and veterans affairs to create and maintain a process by
which prisoners can obtain a copy of their DD Form 214 or other
military discharge documentation if necessary.
Sec. 419. (1) The department shall provide weekly electronic
mail reports to the senate and house appropriations subcommittees
on corrections, the legislative corrections ombudsman, the senate
and house fiscal agencies, and the state budget director on
prisoner populations by security levels by facility, prison
facility capacities, and parolee and probationer populations.
(2) The department shall provide monthly electronic mail
reports to the senate and house appropriations subcommittees on
corrections, the legislative corrections ombudsman, the senate and
house fiscal agencies, and the state budget director. The reports
shall include information on end-of-month prisoner populations in
county jails, the net operating capacity according to the most
recent certification report, identified by date, and end-of-month
data, year-to-date data, and comparisons to the prior year for the
following:
(a) Community residential program populations, separated by
centers and electronic monitoring.
(b) Parole populations.
(c) Probation populations, with identification of the number
in special alternative incarceration.
(d) Prison and camp populations, with separate identification
of the number in special alternative incarceration and the number
of lifers.
(e) Prisoners classified as past their earliest release date.
(f) Parole board activity, including the numbers and
percentages of parole grants and parole denials.
(g) Prisoner exits, identifying transfers to community
placement, paroles from prisons and camps, paroles from community
placement, total movements to parole, prison intake, prisoner
deaths, prisoners discharging on the maximum sentence, and other
prisoner exits.
(h) Prison intake and returns, including probation violators,
new court commitments, violators with new sentences, escaper new
sentences, total prison intake, returns from court with additional
sentences, community placement returns, technical parole violator
returns, and total returns to prison and camp.
Sec. 421. (1) Funds appropriated in part 1 for the parole
sanction certainty pilot program shall be distributed to an
American Correctional Association accredited rehabilitation
organization operating in any of the following counties: Berrien,
Calhoun, Genesee, Kalamazoo, Kent, Macomb, Muskegon, Oakland,
Saginaw, and Wayne for operations and administration of the pilot
program. The pilot program may be utilized as a condition of parole
for technical parole violators to ensure public safety and justice
through a program based on evidence-based tactics and programs.
(2) The program or programs selected shall report by March 30
to the department, the senate and house appropriations
subcommittees on corrections, the senate and house fiscal agencies,
the legislative corrections ombudsman, and the state budget
director. The report shall include program performance
measurements, the number of individuals who participate in the
pilot program, the number of individuals who return to prison after
participating, and outcomes of participants who complete the
program.
Sec. 422. (1) On a quarterly basis, the department shall issue
a report to the senate and house appropriations subcommittees on
corrections, the senate and house fiscal agencies, and the
legislative corrections ombudsman, for the previous 4 quarters
detailing the outcomes of prisoners who have been reviewed for
parole. The report shall include all of the following:
(a) How many prisoners in each quarter were reviewed.
(b) How many prisoners were granted parole.
(c) How many prisoners were denied parole.
(d) How many parole decisions were deferred.
(e) For each parole decision, all of the following:
(i) How many times each prisoner had been reviewed for parole
Senate Bill No. 800 as amended May 4, 2016
before he or she was granted or denied parole during the reporting
quarter.
(ii) How far each prisoner was past his or her earliest
release date at the time of his or her most recent review.
(iii) Whether the prisoner was determined to have a high,
medium, or low likelihood of parole.
(2) For each prisoner whose parole was denied or deferred, the
report under subsection (1) shall give the reason for the denial or
deferral. If the reason for denial or deferral is that the prisoner
has not completed required programming, the report shall include
all of the following:
(a) Whether the prisoner was offered the relevant programming.
(b) How many months before his or her earliest release date
the prisoner was enrolled in the relevant program.
(c) If the prisoner failed to complete the program, whether it
was because of the prisoner's behavior or circumstances outside of
the prisoner's control.
<<Sec. 436. The funds appropriated in part 1 for the public
safety initiative shall be distributed as follows:
(a) $1,250,000.00 to the Saginaw County jail as reimbursement
for housing individuals who have been arrested and are awaiting
arraignment in Genesee County.
(b) $1,250,000.00 to lease bed space from county jails outside
of Genesee County to house offenders sentenced to jail in Genesee
County.
(c) $500,000.00 for electronic monitoring of offenders who would otherwise be sentenced to jail in Genesee County.>>
Sec. 437. (1) Funds appropriated in part 1 for Goodwill Flip
the Script shall be distributed to a Michigan-chartered 501(c)(3)
nonprofit corporation operating in a county with greater than
1,500,000 people for administration and expansion of a program
which serves a population of persons aged 16 to 29. 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 director. 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.
BUDGET AND OPERATIONS ADMINISTRATION
Sec. 501. 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. 502. 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. 503. The department shall issue a quarterly report for
all vendor contracts to the senate and house appropriations
subcommittees on corrections, the senate and house fiscal agencies,
and the legislative corrections ombudsman. The report shall cover
the previous 4 quarters 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 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. 505. 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. 508. The department shall issue a report for all
correctional facilities to the senate and house appropriations
subcommittees on corrections, the senate and house fiscal agencies,
and the legislative corrections ombudsman by October 1 setting
forth the following information for each facility: its name, street
address, and date of construction; its current maintenance costs;
any maintenance planned; its current utility costs; its expected
future capital improvement costs; the current unspent balance of
any authorized capital outlay projects, including the original
authorized amount; and its expected future useful life.
Sec. 509. (1) The department shall conduct a study on the
Michigan state industries program. The study shall focus on
determining which industries within the 10 identified prosperity
regions in this state have the maximum benefit to the prisoner
population in providing marketable skills and leading to employable
outcomes after release of the prisoner from a department facility.
The report shall also include data on the current labor force
trends in the prosperity regions of this state and how the
operations of Michigan state industries can work in coordination
with local communities to determine the industries that would
produce the greatest number of employable prisoners upon release.
(2) By December 1, the department shall provide a report to
the senate and house appropriations subcommittees on corrections,
the senate and house fiscal agencies, and the legislative
corrections ombudsman detailing the results and recommendations
from the study on Michigan state industries described in subsection
(1).
Sec. 511. (1) By February 1, the department shall provide a
report to the senate and house appropriations subcommittees on
corrections, the senate and house fiscal agencies, the legislative
corrections ombudsman, and the state budget director which details
the strategic plan of the department. The report shall contain
strategies to decrease the overall recidivism rate, measurable
plans to increase the rehabilitative function of correctional
facilities, metrics to track and ensure prisoner readiness to re-
enter society, and constructive actions for providing prisoners
with life skills development.
(2) The intent of this report is to express that the mission
of the department is to provide an action plan before reentry to
society that ensures prisoners' readiness for meeting parole
requirements and ensures a reduction in the total number of
released inmates who reenter the criminal justice system.
FIELD OPERATIONS ADMINISTRATION
Sec. 601. (1) From the funds appropriated in part 1, the
department shall conduct a statewide caseload audit of field
agents. The audit shall address public protection issues and assess
the ability of the field agents to complete their professional
duties. The complete audit shall be submitted to the senate and
house appropriations subcommittees on corrections, the legislative
corrections ombudsman, the senate and house fiscal agencies, and
the state budget office by March 1.
(2) It is the intent of the legislature that the department
maintain a number of field agents sufficient to meet supervision
and workload standards.
Sec. 602. (1) The funds appropriated in part 1 for the
supervising region incentive program shall be used only for 1 or
more of the following purposes:
(a) As an incentive to field operations administration regions
that implement supervision practices, procedures, and sanctions
directed at parole and probation revocation reduction within the
region.
(b) To assist field operations administration regions to
implement supervision practices, procedures, and sanctions directed
at parole and probation revocation reduction within the region.
(2) To be eligible to receive incentive funding under
subsection (1), a field operations administration region shall
enter into an agreement with the department to seek a 10% reduction
in parole and probation revocations in the field operations
administration region by implementing the practices, procedures,
and sanctions, as applicable, under the parole sanction certainty
act in chapter IIIB of the corrections code of 1953, 1953 PA 232,
MCL 791.258 to 791.258g, or by other efforts to reduce parole and
probation revocations. A field operations administration region
shall develop its plan with the voluntary input of the sheriffs,
courts, prosecutors, and community corrections.
(3) A field operations administration region shall only
receive the incentive funds under subsection (1) if the field
operations administration region achieves a 10% reduction in parole
and probation revocations.
(4) Incentive funds received by a field operations
administration region may only be used for the following purposes:
(a) The purchase and maintenance of monitoring technology.
(b) Job training.
(c) Substance abuse treatment.
(d) Mental health counseling and treatment.
(e) Approved parolee and probationer incentive programs.
(f) The hiring of additional supervising agents to reduce
supervising agent caseloads.
(g) Reimbursement for jail services.
(5) By November 1, the department shall submit a report for
the previous fiscal year to the senate and house appropriations
subcommittees on corrections, the senate and house fiscal agencies,
and the legislative corrections ombudsman detailing all of the
following:
(a) Which and how many of the 10 field operations
administration regions are participating in the incentive funding
program described in subsection (1).
(b) The total, if any, of the avoided costs of incarceration
realized through the implementation of the supervision practices,
procedures, and sanctions for probationers and parolees described
in subsection (2).
(c) The total, if any, of the avoided costs to victims
realized through the implementation of the supervision practices,
procedures, and sanctions for probationers and parolees described
in subsection (2).
(d) The total, if any, of the avoided costs of the probation
or parole revocation process realized through the implementation of
the supervision practices, procedures, and sanctions for
probationers and parolees described in subsection (2).
Sec. 603. (1) All prisoners, probationers, and parolees
involved with the curfew monitoring program shall reimburse the
department for costs associated with their participation in the
program. The department may require community service work
reimbursement as a means of payment for those able-bodied
individuals unable to pay for the costs of the equipment.
(2) Program participant contributions and local program
reimbursement for the curfew monitoring program appropriated in
part 1 are related to program expenditures and may be used to
offset expenditures for this purpose.
(3) Included in the appropriation in part 1 is adequate
funding to implement the curfew monitoring program to be
administered by the department. The curfew monitoring program is
intended to provide sentencing judges and county sheriffs in
coordination with local community corrections advisory boards
access to the state's curfew monitoring program to reduce prison
admissions and improve local jail utilization. The department shall
determine the appropriate distribution of the curfew monitor units
throughout the state based upon locally developed comprehensive
corrections plans under the community corrections act, 1988 PA 511,
MCL 791.401 to 791.414.
(4) For a fee determined by the department, the department
shall provide counties with the curfew monitor equipment,
replacement parts, administrative oversight of the equipment's
operation, notification of violators, and periodic reports
regarding county program participants. Counties are responsible for
curfew monitor equipment installation and service. For an
additional fee as determined by the department, the department
shall provide staff to install and service the equipment. Counties
are responsible for the coordination and apprehension of program
violators.
(5) Any county with curfew monitor charges outstanding over 60
days shall be considered in violation of the community curfew
monitor program agreement and lose access to the program.
Sec. 604. The funds appropriated in part 1 for criminal
justice reinvestment shall be used only to fund evidence-based
programs designed to reduce recidivism among probationers and
parolees. Any program to be funded from this section must first be
reviewed by the criminal justice policy commission to determine the
effectiveness of the program. Any contract funded from this section
must issue a request for proposal and have bidders evaluated by a
joint evaluation committee before a bid may be accepted.
Sec. 611. The department shall prepare by March 1 individual
reports for the community reentry program, the electronic
monitoring program, and the special alternative to incarceration
program. The reports shall be submitted to the senate and house
appropriations subcommittees on corrections, the legislative
corrections ombudsman, the senate and house fiscal agencies, and
the state budget director. Each program's report shall include
information on all of the following:
(a) Monthly new participants by type of offender. Community
reentry program participants shall be categorized by reason for
placement. For technical rule violators, the report shall sort
offenders by length of time since release from prison, by the most
recent violation, and by the number of violations occurring since
release from prison.
(b) Monthly participant unsuccessful terminations, including
cause.
(c) Number of successful terminations.
(d) End month population by facility/program.
(e) Average length of placement.
(f) Return to prison statistics.
(g) Description of each program location or locations,
capacity, and staffing.
(h) Sentencing guideline scores and actual sentence statistics
for participants, if applicable.
(i) Comparison with prior year statistics.
(j) Analysis of the impact on prison admissions and jail
utilization and the cost effectiveness of the program.
Sec. 612. (1) The department shall review and revise as
necessary policy proposals that provide alternatives to prison for
offenders being sentenced to prison as a result of technical
probation violations and technical parole violations. To the extent
the department has insufficient policies or resources to affect the
continued increase in prison commitments among these offender
populations, the department shall explore other policy options to
allow for program alternatives, including department or OCC-funded
programs, local level programs, and programs available through
private agencies that may be used as prison alternatives for these
offenders.
(2) By April 1, the department shall provide a report to the
senate and house appropriations subcommittees on corrections, the
legislative corrections ombudsman, the senate and house fiscal
agencies, and the state budget director on the number of all
parolees returned to prison and probationers sentenced to prison
for either a technical violation or new sentence during the
preceding fiscal year. The report shall include the following
information for probationers, for parolees after their first
parole, and for parolees who have been paroled more than once:
(a) The numbers of parole and probation violators returned to
or sent to prison for a new crime with a comparison of original
versus new offenses by major offense type: assaultive,
nonassaultive, drug, and sex.
(b) The numbers of parole and probation violators returned to
or sent to prison for a technical violation and the type of
violation, including, but not limited to, zero gun tolerance and
substance abuse violations. For parole technical rule violators,
the report shall list violations by type, by length of time since
release from prison, by the most recent violation, and by the
number of violations occurring since release from prison.
(c) The educational history of those offenders, including how
many had a high school equivalency or high school diploma prior to
incarceration in prison, how many received a high school
equivalency while in prison, and how many received a vocational
certificate while in prison.
(d) The number of offenders who participated in the reentry
program versus the number of those who did not.
(e) The unduplicated number of offenders who participated in
substance abuse treatment programs, mental health treatment
programs, or both, while in prison, itemized by diagnosis.
Sec. 615. The department shall submit a report containing a
list detailing the number of prisoners who have received life
imprisonment sentences with the possibility of parole and who are
currently eligible for parole to the senate and house
appropriations subcommittees on corrections, the senate and house
fiscal agencies, the legislative corrections ombudsman, and the
state budget director by January 1.
Sec. 616. The parole board shall review its policies related
to the review and parole of those offenders serving a parolable
life sentence with consideration given to those that do not pose an
ongoing risk to society.
HEALTH CARE
Sec. 802. As a condition of expenditure of the funds
appropriated in part 1, the department shall provide the senate and
house of representatives appropriations subcommittees on
corrections, the legislative corrections ombudsman, the senate and
house fiscal agencies, and the state budget director with quarterly
reports on physical and mental health care detailing quarterly and
fiscal year-to-date expenditures itemized by vendor, allocations,
status of payments from contractors to vendors, and projected year-
end expenditures from accounts for prisoner health care, mental
health care, pharmaceutical services, and durable medical
equipment.
Sec. 803. (1) The department shall assure that all prisoners,
upon any health care treatment, are given the opportunity to sign a
release of information form designating a family member or other
individual to whom the department shall release records information
regarding a prisoner. A release of information form signed by a
prisoner shall remain in effect for 1 year, and the prisoner may
elect to withdraw or amend the release form at any time.
(2) The department shall assure that any such signed release
forms follow a prisoner upon transfer to another department
facility or to the supervision of a parole officer.
(3) The form shall be placed on an online, public website
managed by the department.
Sec. 804. The department shall report quarterly to the senate
and house appropriations subcommittees on corrections, the
legislative corrections ombudsman, the senate and house fiscal
agencies, and the state budget director on prisoner health care
utilization. The report shall include the number of inpatient
hospital days, outpatient visits, emergency room visits, and
prisoners receiving off-site inpatient medical care in the previous
quarter, by facility.
Sec. 805. If a prisoner aged 26 years or under is determined
not to be eligible for Medicaid, the department shall determine
whether the prisoner is eligible for dependent health insurance
coverage.
Sec. 806. From the funds appropriated in part 1 for mental
health services and support, the department shall expand its mental
health treatment and sex offender treatment programs. The purpose
of this enhancement is to address increased caseloads, reduce the
number of prisoners on the waiting list who are past their earliest
release date, and reduce the percentage of prisoners readmitted to
mental health programs at their previous level of care.
Sec. 807. The funds appropriated in part 1 for Hepatitis C
treatment shall be used only to purchase specialty medication for
Hepatitis C treatment in the prison population. In addition to the
above appropriation, any rebates received from the medications used
shall be used only to purchase specialty medication for Hepatitis C
treatment. On a quarterly basis, the department shall issue a
report to the senate and house appropriations subcommittees on
corrections, the senate and house fiscal agencies, and the
legislative corrections ombudsman, showing for the previous 4
quarters the total amount spent on specialty medication for the
treatment of Hepatitis C, the number of prisoners that were
treated, the amount of any rebates that were received from the
purchase of specialty medication, and what outstanding rebates are
expected to be received.
Sec. 812. (1) The department shall provide the department of
health and human services with a monthly list of prisoners newly
committed to the department of corrections. The department and the
department of health and human services shall enter into an
interagency agreement under which the department of health and
human services provides the department of corrections with monthly
lists of newly committed prisoners who are eligible for Medicaid
benefits in order to maintain the process by which Medicaid
benefits are suspended rather than terminated. The department shall
assist prisoners who may be eligible for Medicaid benefits after
release from prison with the Medicaid enrollment process prior to
release from prison.
(2) The department shall provide the senate and house
appropriations subcommittees on corrections, the legislative
corrections ombudsman, the senate and house fiscal agencies, and
the state budget director with quarterly updates on the utilization
of Medicaid benefits for prisoners.
Sec. 814. The department shall assure that psychotropic
medications are available, when deemed medically necessary by a
licensed medical service provider, to prisoners who have mental
illness diagnoses but are not enrolled in corrections mental health
services.
Sec. 816. By April 1, the department shall provide the members
of the senate and house appropriations subcommittees on
corrections, the senate and house fiscal agencies, the state budget
director, and the legislative corrections ombudsman with a report
on pharmaceutical expenditures and prescribing practices. In
particular, the report shall provide the following information:
(a) A detailed accounting of expenditures on antipsychotic
medications.
(b) Any changes that have been made to the prescription drug
formularies.
CORRECTIONAL FACILITIES ADMINISTRATION
Sec. 901. The department shall enter into an agreement to
lease the North Lake Correctional Facility in Baldwin, Michigan.
Under the agreement, the department shall operate the facility and,
in exchange for a payment that shall be negotiated by the parties
to the agreement, house any prisoners for whom the current owner is
currently contracted to provide custody if such an agreement is
determined to be valuable to the department. The department shall
utilize the excess facility capacity, if any, to effectively manage
the population of prisoners under the jurisdiction of the
department that are currently housed in other facilities operated
by this state.
Sec. 902. From the funds appropriated in part 1 for the
Education Program, the department shall use $3,000,000.00 to expand
the vocational village program.
Sec. 904. The department shall calculate the per prisoner/per
day cost for each prisoner security custody level. This calculation
shall include all actual direct and indirect costs for the previous
fiscal year, including, but not limited to, the value of services
provided to the department by other state agencies and the
allocation of statewide legacy costs. To calculate the per
prisoner/per day costs, the department shall divide these direct
and indirect costs by the average daily population for each custody
level. For multilevel facilities, the indirect costs that cannot be
accurately allocated to each custody level can be included in the
calculation on a per-prisoner basis for each facility. Marginal
cost per prisoner by age cohort shall be calculated under the
assumptions made by the department under prior marginal cost
analysis. 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
legislative corrections ombudsman, the senate and house fiscal
agencies, and the state budget director not later than December 15.
Sec. 906. Any local unit of government or private nonprofit
organization that contracts with the department for public works
services shall be responsible for financing the entire cost of such
an agreement.
Sec. 907. The department shall report by March 1 to the senate
and house appropriations subcommittees on corrections, the
legislative corrections ombudsman, the senate and house fiscal
agencies, and the state budget director on academic and vocational
programs. The report shall provide information relevant to an
assessment of the department's academic and vocational programs,
including, but not limited to, all of the following:
(a) The number of instructors and the number of instructor
vacancies, by program and facility.
(b) The number of prisoners enrolled in each program, the
number of prisoners completing each program, the number of
prisoners who fail each program, the number of prisoners who do not
complete each program and the reason for not completing the
program, the number of prisoners transferred to another facility
while enrolled in a program and the reason for transfer, the number
of prisoners enrolled who are repeating the program by reason, 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) An explanation of the department's plans for academic and
vocational programs, including plans to contract with intermediate
school districts for high school equivalency and high school
diploma programs.
(h) 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. 908. From the funds appropriated in part 1, the
department shall explore the feasibility of establishing an online
career high school education pilot program, or other alternatives
to providing prisoners with a high school diploma in lieu of a high
school equivalency. The department shall explore establishing
outside partnerships to assist the department with providing high
school diplomas. The department shall submit a report by April 1 to
the senate and house appropriations subcommittees on corrections,
the senate and house fiscal agencies, the legislative corrections
ombudsman, and the state budget director that describes the
necessary steps the department would have to take, the resources
the department would need, and departmental organizational changes
that would be required, and the feasibility of the department's
forming outside partnerships to assist with providing prisoners
with a high school diploma in lieu of a high school equivalency.
Sec. 910. The department shall allow the Michigan Braille
transcribing fund program to operate at its current location. The
donation of the building by the Michigan Braille transcribing fund
at the G. Robert Cotton Correctional Facility in Jackson is
acknowledged and appreciated. The department shall continue to
encourage the Michigan Braille transcribing fund program to produce
high-quality materials for use by the visually impaired.
Sec. 911. By March 1, the department shall report to the
senate and house appropriations subcommittees on corrections, the
senate and house fiscal agencies, the legislative corrections
ombudsman, and the state budget director the number of critical
incidents occurring each month by type and the number and severity
of assaults, escape attempts, suicides, and attempted suicides
occurring each month at each facility during the immediately
preceding calendar year.
Sec. 912. The department shall report to the senate and house
appropriations subcommittees on corrections, the legislative
corrections ombudsman, the senate and house fiscal agencies, and
the state budget director by March 1 on the ratio of correctional
officers to prisoners for each correctional institution, the ratio
of shift command staff to line custody staff, and the ratio of
noncustody institutional staff to prisoners for each correctional
institution.
Sec. 913. (1) It is the intent of the legislature that any
prisoner required to complete a violence prevention program, sexual
offender program, or other program as a condition of parole shall
be placed on the wait list for the appropriate programming upon
entrance to prison and transferred to a facility where that program
is available in order to accomplish timely completion of that
program prior to the expiration of his or her minimum sentence and
eligibility for parole. Nothing in this section should be deemed to
make parole denial appealable in court.
(2) The department shall submit a quarterly report to the
members of the senate and house appropriations subcommittees on
corrections, the senate and house fiscal agencies, the state budget
director, and the legislative corrections ombudsman detailing
enrollment in sex offender programming, assaultive offender
programming, violent offender programming, and thinking for change.
At a minimum, the report shall include the following:
(a) A full accounting, from the date of entrance to prison, of
the number of individuals who are required to complete the
programming, but have not yet done so.
(b) The number of individuals who have reached their earliest
release date, but who have not completed required programming.
(c) A plan of action for addressing any waiting lists or
backlogs for programming that may exist.
Sec. 924. The department shall evaluate all prisoners at
intake for substance abuse disorders, serious developmental
disorders, serious mental illness, and other mental health
disorders. Prisoners with serious mental illness or serious
developmental disorders shall not be removed from the general
population as a punitive response to behavior caused by their
serious mental illness or serious developmental disorder. Due to
persistent high violence risk or severe disruptive behavior that is
unresponsive to treatment, prisoners with serious mental illness or
serious developmental disorders may be placed in secure residential
housing programs that will facilitate access to institutional
programming and ongoing mental health services. A prisoner with
serious mental illness or serious developmental disorder who is
confined in these specialized housing programs shall be evaluated
or monitored by a medical professional at a frequency of not less
than every 12 hours.
Sec. 925. By March 1, the department shall report to the
senate and house appropriations subcommittees on corrections, the
senate and house fiscal agencies, the legislative corrections
ombudsman, and the state budget director on the annual number of
prisoners in administrative segregation between October 1, 2015 and
September 30, 2016, and the annual number of prisoners in
administrative segregation between October 1, 2015 and September
30, 2016 who at any time during the current or prior prison term
were diagnosed with serious mental illness or have a developmental
disorder and the number of days each of the prisoners with serious
mental illness or a developmental disorder have been confined to
administrative segregation.
Sec. 929. From the funds appropriated in part 1, the
department shall do all of the following:
(a) Ensure that any inmate care and control staff in contact
with prisoners less than 18 years of age are adequately trained
with regard to the developmental and mental health needs of
prisoners less than 18 years of age. By April 1, the department
shall report to the senate and house appropriations subcommittees
on corrections, the senate and house fiscal agencies, and the state
budget director on the training curriculum used and the number and
types of staff receiving annual training under that curriculum.
(b) Provide appropriate placement for prisoners less than 18
years of age who have serious mental illness, serious emotional
disturbance, or a serious developmental disorder and need to be
housed separately from the general population. Prisoners less than
18 years of age who have serious mental illness, serious emotional
disturbance, or a serious developmental disorder shall not be
removed from an existing placement as a punitive response to
behavior caused by their serious mental illness, serious emotional
disturbance, or a serious developmental disorder. Due to persistent
high violence risk or severe disruptive behavior that is
unresponsive to treatment, prisoners less than 18 years of age with
serious emotional disturbance, serious mental illness, or serious
developmental disorders may be placed in secure residential housing
programs that will facilitate access to institutional programming
and ongoing mental health services. A prisoner less than 18 years
of age with serious mental illness, serious emotional disturbance,
or a serious developmental disorder who is confined in these
specialized housing programs shall be evaluated or monitored by a
medical professional at a frequency of not less than every 12
hours.
(c) Implement a specialized reentry program that recognizes
the needs of prisoners less than 18 years old for supervised
reentry.
Sec. 937. The department shall not issue a request for
proposal (RFP) for a contract in excess of $5,000,000.00, unless
the department has first considered issuing a request for
information (RFI) or a request for qualification (RFQ) relative to
that contract to better enable the department to learn more about
the market for the products or services that are the subject of the
future RFP. The department shall notify the department of
technology, management, and budget of the evaluation process used
to determine if an RFI or RFQ was not necessary prior to issuing
the RFP.
Sec. 940. (1) Any lease, rental, contract, or other legal
agreement that includes a provision allowing a private person or
entity to use state-owned facilities or other property to conduct a
for-profit business enterprise shall require the lessee to pay fair
market value for the use of the state-owned property.
(2) The lease, rental, contract, or other legal agreement
shall also require the party using the property to make a payment
in lieu of taxes to the local jurisdictions that would otherwise
receive property tax revenue, as if the property were not owned by
the state.
Sec. 942. The department shall ensure that any contract with a
public or private party to operate a facility to house state
prisoners includes a provision to allow access by both the office
of the legislative auditor general and the office of the
legislative corrections ombudsman to the facility and to
appropriate records and documents related to the operation of the
facility. These access rights for both offices shall be the same
for the contracted facility as for a general state-operated
correctional facility.
Sec. 945. The department shall investigate options for
increasing the visiting capacity at Central Michigan Correctional
Facility - St. Louis in order to ease visiting room overcrowding.
The department shall submit a report by April 1 to the senate and
house of representatives appropriations subcommittees on
corrections, the senate and house fiscal agencies, the legislative
corrections ombudsman, and the state budget director on progress
being made to address visiting room overcrowding.
INFORMATION TECHNOLOGY
Sec. 1000. From the funds appropriated in part 1 for
information technology services and projects, the department shall
expand bandwidth in 25 correctional facilities and 113 field
operations offices. The purpose of this bandwidth expansion is to
support critical information technology systems that provide
platforms for several mandated programs and department cost savings
efforts.
MISCELLANEOUS
Sec. 1009. The department shall make an information packet for
the families of incoming prisoners available on the department's
website. The information packet shall be updated by February 1 of
each year thereafter. The packet shall provide information on
topics including, but not limited to: how to put money into
prisoner accounts, how to make phone calls or create Jpay email
accounts, how to visit in person, proper procedures for filing
complaints or grievances, the rights of prisoners to physical and
mental health care, how to utilize the offender tracking
information system (OTIS), truth-in-sentencing and how it applies
to minimum sentences, the parole process, and guidance on the
importance of the role of families in the reentry process. The
department is encouraged to partner with external advocacy groups
and actual families of prisoners in the packet-writing process to
ensure that the information is useful and complete.
Sec. 1011. The department may accept in-kind services and
equipment donations to facilitate the addition of a cable network
that provides programming that will address the religious needs of
incarcerated individuals. This network may be a cable television
network that presently reaches the majority of households in the
United States. A bilingual channel affiliated with this network may
also be added to department programming to assist the religious
needs of Spanish-speaking inmates. The addition of these channels
shall be of no additional cost to this state.
Sec. 1012. From the funds appropriated in part 1, priority may
be given to funding reentry or rehabilitation programs that have
been demonstrated to reduce prison violence and recidivism such as
faith-based initiatives.
PART 2A
PROVISIONS CONCERNING ANTICIPATED APPROPRIATIONS
FOR FISCAL YEAR 2017-2018
GENERAL SECTIONS
Sec. 1201. It is the intent of the legislature to provide
appropriations for the fiscal year ending on September 30, 2018 for
the line items listed in part 1. The fiscal year 2017-2018
appropriations are anticipated to be the same as those for fiscal
year 2016-2017, except that the line items will be adjusted for
Senate Bill No. 800 as amended May 4, 2016
changes in caseload and related costs, federal fund match rates,
economic factors, and available revenue. These adjustments will be
determined after the January 2017 consensus revenue estimating
conference.
ARTICLE VI
DEPARTMENT OF EDUCATION
PART 1
LINE-ITEM APPROPRIATIONS
Sec. 101. There is appropriated for the department of
education for the fiscal year ending September 30, 2017, from the
following funds:
DEPARTMENT OF EDUCATION
APPROPRIATION SUMMARY
Full-time equated unclassified positions.......... 6.0
Full-time equated classified positions...... <<597.5>>
GROSS APPROPRIATION.................................... $ <<321,709,200>>
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 0
ADJUSTED GROSS APPROPRIATION........................... $ <<321,709,200>>
Federal revenues:
IMLS, library services and technology act.............. 5,610,100
Federal revenues....................................... 215,490,700
Federal indirect funds................................. 4,255,000
Total federal revenues................................. 225,355,800
Senate Bill No. 800 as amended May 4, 2016
Special revenue funds:
Local cost sharing (schools for deaf/blind)............ 5,233,000
Local school district service fees..................... 324,200
Total local revenues................................... 5,557,200
Gifts, bequests, and donations......................... 646,000
Private foundations.................................... 1,388,200
Total private revenues................................. 2,034,200
Total local and private revenues....................... 7,591,400
Certification fees..................................... 6,916,900
Commodity distribution fees............................ 71,700
Drinking water declaration of emergency reserve fund... 100
Library fees........................................... 300,000
Low incidence outreach fund............................ 300,000
Student insurance revenue.............................. 218,600
Teacher testing fees................................... 423,400
Training and orientation workshop fees................. 150,000
Total other state restricted revenues.................. 8,380,700
State general fund/general purpose..................... $ <<80,381,300>>
Sec. 102. STATE BOARD OF EDUCATION/OFFICE OF THE
SUPERINTENDENT
Full-time equated unclassified positions.......... 6.0
Full-time equated classified positions....... <<11.0>>
State board of education, per diem payments............ $ 24,400
Unclassified positions--6.0 FTE positions.............. 827,200
Education commission of the state...................... 120,800
State board/superintendent operations--10.0 FTE
positions............................................ 1,888,700
<<Chief information officer -- 1.0 FTE................. 100>>
Senate Bill No. 800 as amended May 4, 2016
GROSS APPROPRIATION.................................... $ <<2,861,200>>
Appropriated from:
Federal revenues:
Federal revenues....................................... 227,000
Special revenue funds:
Private foundations.................................... 28,100
Certification fees..................................... 771,400
State general fund/general purpose..................... $ <<1,834,700>>
Sec. 103. CENTRAL SUPPORT
Full-time equated classified positions........... 23.6
Central support--23.6 FTE positions.................... $ 6,686,700
Worker's compensation.................................. 24,300
Building occupancy charges - property management
services............................................. 3,196,200
Training and orientation workshops..................... 150,000
Terminal leave payments................................ 353,300
GROSS APPROPRIATION.................................... $ 10,410,500
Appropriated from:
Federal revenues:
Federal revenues....................................... 3,690,100
Federal indirect funds................................. 2,430,700
Special revenue funds:
Private foundations.................................... 1,000,000
Certification fees..................................... 399,300
Teacher testing fees................................... 4,000
Training and orientation workshop fees................. 150,000
State general fund/general purpose..................... $ 2,736,400
Sec. 104. INFORMATION TECHNOLOGY SERVICES
Information technology operations...................... $ 4,192,600
GROSS APPROPRIATION.................................... $ 4,192,600
Appropriated from:
Federal revenues:
Federal revenues....................................... 616,900
Federal indirect funds................................. 1,824,300
Special revenue funds:
Certification fees..................................... 397,500
State general fund/general purpose..................... $ 1,353,900
Sec. 105. SPECIAL EDUCATION SERVICES
Full-time equated classified positions........... 47.0
Special education operations--47.0 FTE positions....... $ 9,320,500
GROSS APPROPRIATION.................................... $ 9,320,500
Appropriated from:
Federal revenues:
Federal revenues....................................... 8,544,000
Special revenue funds:
Private foundations.................................... 110,100
Certification fees..................................... 44,700
State general fund/general purpose..................... $ 621,700
Sec. 106. MICHIGAN SCHOOLS FOR THE DEAF AND BLIND
Full-time equated classified positions........... 77.0
Michigan schools for the deaf and blind
operations--76.0 FTE positions....................... $ 12,812,700
Camp Tuhsmeheta--1.0 FTE position...................... 296,000
Low incidence outreach program......................... 300,000
Private gifts - blind.................................. 200,000
Private gifts - deaf................................... 150,000
GROSS APPROPRIATION.................................... $ 13,758,700
Appropriated from:
Federal revenues:
Federal revenues....................................... 7,048,600
Special revenue funds:
Local cost sharing (schools for deaf/blind)............ 5,233,000
Local school district service fees..................... 312,500
Gifts, bequests, and donations......................... 646,000
Low incidence outreach fund............................ 300,000
Student insurance revenue.............................. 218,600
State general fund/general purpose..................... $ 0
Sec. 107. PROFESSIONAL PREPARATION SERVICES
Full-time equated classified positions........... 33.0
Professional preparation operations--33.0 FTE
positions............................................ $ 5,653,900
GROSS APPROPRIATION.................................... $ 5,653,900
Appropriated from:
Federal revenues:
Federal revenues....................................... 1,464,100
Special revenue funds:
Certification fees..................................... 3,546,700
Teacher testing fees................................... 419,400
State general fund/general purpose..................... $ 223,700
Sec. 108. MICHIGAN OFFICE OF GREAT START
Full-time equated classified positions........... 66.0
Michigan office of great start operations--65.0 FTE
positions............................................ $ 23,177,400
Child development and care external support............ 27,374,500
Head start collaboration office--1.0 FTE position...... 309,900
Child development care public assistance............... 124,200,000
GROSS APPROPRIATION.................................... $ 175,061,800
Appropriated from:
Federal revenues:
Federal revenues....................................... 137,156,500
Special revenue funds:
Private foundations.................................... 250,000
Certification fees..................................... 64,600
State general fund/general purpose..................... $ 37,590,700
Sec. 109. STATE AID AND SCHOOL FINANCE SERVICES
Full-time equated classified positions........... 11.5
State aid and school finance operations--11.5 FTE
positions............................................ $ 1,638,600
GROSS APPROPRIATION.................................... $ 1,638,600
Appropriated from:
State general fund/general purpose..................... $ 1,638,600
Sec. 110. AUDIT SERVICES
Full-time equated classified positions............ 4.5
Audit operations--4.5 FTE positions.................... $ 612,500
GROSS APPROPRIATION.................................... $ 612,500
Appropriated from:
Federal revenues:
Federal indirect funds................................. 486,800
Special revenue funds:
Certification fees..................................... 62,300
State general fund/general purpose..................... $ 63,400
Sec. 111. ADMINISTRATIVE LAW SERVICES
Full-time equated classified positions............ 2.0
Administrative law operations--2.0 FTE positions....... $ 1,364,300
GROSS APPROPRIATION.................................... $ 1,364,300
Appropriated from:
Federal revenues:
Federal revenues....................................... 564,200
Special revenue funds:
Certification fees..................................... 701,500
State general fund/general purpose..................... $ 98,600
Sec. 112. ACCOUNTABILITY SERVICES
Full-time equated classified positions........... 64.6
Accountability services operations--64.6 FTE positions. $ 14,619,400
GROSS APPROPRIATION.................................... $ 14,619,400
Appropriated from:
Federal revenues:
Federal revenues....................................... 13,476,200
State general fund/general purpose..................... $ 1,143,200
Sec. 113. SCHOOL SUPPORT SERVICES
Full-time equated classified positions........... 83.6
School support services operations--83.6 FTE positions. $ 15,495,200
GROSS APPROPRIATION.................................... $ 15,495,200
Appropriated from:
Federal revenues:
Federal revenues....................................... 14,455,700
Special revenue funds:
Local school district service fees..................... 11,700
Commodity distribution fees............................ 71,700
Certification fees..................................... 86,900
State general fund/general purpose..................... $ 869,200
Sec. 114. FIELD SERVICES
Full-time equated classified positions........... 45.0
Field services operations--45.0 FTE positions.......... $ 9,349,200
GROSS APPROPRIATION.................................... $ 9,349,200
Appropriated from:
Federal revenues:
Federal revenues....................................... 8,599,200
Special revenue funds:
Certification fees..................................... 37,300
State general fund/general purpose..................... $ 712,700
Sec. 115. EDUCATIONAL IMPROVEMENT AND INNOVATION
SERVICES
Full-time equated classified positions........... 49.7
Educational improvement and innovation
operations--49.7 FTE positions....................... $ 9,689,900
GROSS APPROPRIATION.................................... $ 9,689,900
Appropriated from:
Federal revenues:
Federal revenues....................................... 6,596,600
Special revenue funds:
Certification fees..................................... 565,100
State general fund/general purpose..................... $ 2,528,200
Sec. 116. CAREER AND TECHNICAL EDUCATION
Full-time equated classified positions........... 29.0
Career and technical education operations--29.0 FTE
positions............................................ $ 5,220,800
GROSS APPROPRIATION.................................... $ 5,220,800
Appropriated from:
Federal revenues:
Federal revenues....................................... 3,887,400
State general fund/general purpose..................... $ 1,333,400
Sec. 117. LIBRARY OF MICHIGAN
Full-time equated classified positions........... 33.0
Library of Michigan operations--31.0 FTE positions..... $ 4,797,400
Library services and technology program--1.0 FTE
position............................................. 5,610,100
State aid to libraries................................. 9,876,000
Michigan eLibrary...................................... 1,752,300
Renaissance zone reimbursements........................ 5,300,000
GROSS APPROPRIATION.................................... $ 27,335,800
Appropriated from:
Federal revenues:
IMLS, library services and technology act.............. 5,610,100
Special revenue funds:
Library fees........................................... 300,000
State general fund/general purpose..................... $ 21,425,700
Sec. 118. EDUCATOR TALENT AND POLICY COORDINATION
Full-time equated classified positions........... 17.0
School reform office operations--17.0 FTE positions.... $ 2,574,200
GROSS APPROPRIATION.................................... $ 2,574,200
Appropriated from:
Federal revenues:
Federal revenues....................................... 627,400
Special revenue funds:
Certification fees..................................... 239,600
State general fund/general purpose..................... $ 1,707,200
Sec. 119. ONE-TIME BASIS ONLY APPROPRIATIONS
Certification fees subsidy............................. $ 500,000
Voluntary water testing................................ 4,000,000
Drinking water declaration of emergency................ 8,050,100
GROSS APPROPRIATION.................................... $ 12,550,100
Appropriated from:
Federal revenues:
Federal revenues....................................... 8,050,000
Special revenue funds:
Drinking water declaration of emergency reserve fund... 100
State general fund/general purpose..................... $ 4,500,000
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
FOR FISCAL YEAR 2016-2017
GENERAL SECTIONS
Sec. 201. Pursuant to section 30 of article IX of the state
constitution of 1963, total state spending from state resources
under part 1 for fiscal year 2016-2017 is <<$88,762,000.00>> and state
spending from state resources to be paid to local units of
government for fiscal year 2016-2017 is $18,676,000.00. The
itemized statement below identifies appropriations from which
spending to local units of government will occur:
DEPARTMENT OF EDUCATION
Voluntary water testing................................ $ 3,500,000
State aid to libraries................................. 9,876,000
Renaissance zone reimbursements........................ 5,300,000
Total department of education.......................... $ 18,676,000
Sec. 202. The appropriations authorized under this part and
part 1 are subject to the management and budget act, 1984 PA 431,
MCL 18.1101 to 18.1594.
Sec. 203. As used in this part and part 1:
(a) "ACT" means the American College Testing Corporation.
(b) "Department" means the Michigan department of education.
(c) "District" means a local school district as defined in
section 6 of the revised school code, 1976 PA 451, MCL 380.6, or a
public school academy as defined in section 5 of the revised school
code, 1976 PA 451, MCL 380.5.
(d) "FTE" means full-time equated.
Sec. 204. The departments and agencies receiving
appropriations in part 1 shall use the Internet to fulfill the
reporting requirements of this part. This requirement may include
transmission of reports via electronic mail to the recipients
identified for each reporting requirement, or it may include
placement of reports on an Internet or Intranet site.
Sec. 205. Funds appropriated in part 1 shall not be used for
the purchase of foreign goods or services, or both, if
competitively priced and of comparable quality American goods or
services, or both, are available. Preference shall be given to
goods or services, or both, manufactured or provided by Michigan
businesses, if they are competitively priced and of comparable
quality. In addition, preference should be given to goods or
services, or both, that are manufactured or provided by Michigan
businesses owned and operated by veterans, if they are
competitively priced and of comparable quality.
Sec. 206. The state superintendent of public instruction shall
take all reasonable steps to ensure businesses in deprived and
depressed communities compete for and perform contracts to provide
services or supplies, or both. The state superintendent of public
instruction shall strongly encourage firms with which the
department contracts to subcontract with certified businesses in
depressed and deprived communities for services, supplies, or both.
Sec. 207. The departments and agencies receiving
appropriations in part 1 shall prepare a report on out-of-state
travel expenses not later than January 1 of each year. The travel
report shall be a listing of all travel by classified and
unclassified employees outside this state in the immediately
preceding fiscal year that was funded in whole or in part with
funds appropriated in the department's budget. The report shall be
submitted to the senate and house appropriations committees, the
house and senate fiscal agencies, and the state budget director.
The report must include the following information:
(a) The dates of each travel occurrence.
(b) The transportation and related costs of each travel
occurrence, including the proportion funded with state general
fund/general purpose revenues, the proportion funded with state
restricted revenues, the proportion funded with federal revenues,
and the proportion funded with other revenues.
Sec. 208. Funds appropriated in part 1 shall not be used by a
principal executive department, state agency, or authority to hire
a person to provide legal services that are the responsibility of
the attorney general. This prohibition does not apply to legal
services for bonding activities and for those outside services that
the attorney general authorizes.
Sec. 209. Not later than November 30, the state budget office
shall prepare and transmit a report that provides for estimates of
the total general fund/general purpose appropriation lapses at the
close of the prior fiscal year. This report shall summarize the
projected year-end general fund/general purpose appropriation
lapses by major departmental program or program areas. The report
shall be transmitted to the chairpersons of the senate and house
appropriations committees and the senate and house fiscal agencies.
Sec. 210. (1) In addition to the funds appropriated in part 1,
there is appropriated an amount not to exceed $10,000,000.00 for
federal contingency funds. These funds are not available for
expenditure until they have been transferred to another line item
in part 1 under section 393(2) of the management and budget act,
1984 PA 431, MCL 18.1393.
(2) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $700,000.00 for state
restricted contingency funds. These funds are not available for
expenditure until they have been transferred to another line item
in part 1 under section 393(2) of the management and budget act,
1984 PA 431, MCL 18.1393.
(3) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $250,000.00 for local
contingency funds. These funds are not available for expenditure
until they have been transferred to another line item in part 1
under section 393(2) of the management and budget act, 1984 PA 431,
MCL 18.1393.
(4) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $3,000,000.00 for private
contingency funds. These funds are not available for expenditure
until they have been transferred to another line item in part 1
under section 393(2) of the management and budget act, 1984 PA 431,
MCL 18.1393.
Sec. 211. The department shall cooperate with the department
of technology, management, and budget to maintain a searchable
website accessible by the public at no cost that includes, but is
not limited to, all of the following for each department or agency:
(a) Fiscal year-to-date expenditures by category.
(b) Fiscal year-to-date expenditures by appropriation unit.
(c) Fiscal year-to-date payments to a selected vendor,
including the vendor name, payment date, payment amount, and
payment description.
(d) The number of active department employees by job
classification.
(e) Job specifications and wage rates.
Sec. 212. Within 14 days after the release of the executive
budget recommendation, the department shall cooperate with the
state budget office to provide the senate and house appropriations
chairs, the senate and house appropriations subcommittees
responsible for the department budget, and the senate and house
fiscal agencies with an annual report on estimated state restricted
fund balances, state restricted fund projected revenues, and state
restricted fund expenditures for the fiscal years ending September
30, 2016 and September 30, 2017.
Sec. 213. The department shall maintain, on a publicly
accessible website, a department scorecard that identifies, tracks,
and regularly updates key metrics that are used to monitor and
improve the agency's performance.
Sec. 214. Total authorized appropriations from all sources
under part 1 for legacy costs for the fiscal year ending September
30, 2017 are estimated at $16,971,500.00. From this amount, total
agency appropriations for pension-related legacy costs are
estimated at $9,410,700.00. Total agency appropriations for retiree
health care legacy costs are estimated at $7,560,800.00.
Sec. 215. The department shall provide through the Internet
the state board of education agenda and all supporting documents,
and shall notify the state budget director and the senate and house
fiscal agencies that the agenda and supporting documents are
available on the Internet, at the time the agenda and supporting
documents are provided to state board of education members.
Sec. 216. To the extent that the state continues to identify
schools as meeting proficiency targets, before publishing a list of
schools or districts determined to have failed to make adequate
yearly progress as required by the no child left behind act of
2001, Public Law 107-110, the department shall allow a school or
district to appeal that determination. Those appeals shall be
addressed before designations may be published.
Sec. 217. The department may assist the department of health
and human services, other departments, and local school districts
to secure reimbursement for eligible services provided in Michigan
schools from the federal Medicaid program. The department may
submit reports of direct expenses related to this effort to the
department of health and human services for reimbursement.
Sec. 218. The department shall not seek a federal waiver from
the no child left behind act of 2001, Public Law 107-110, or an
amendment to the federal waiver, until after notification of the
content to both the house and senate appropriations committees and
the state budget director.
Sec. 219. From the funds appropriated in part 1, the
department shall ensure that kindergarten benchmark data include a
method for information to be provided regarding a child's
participation in the great start readiness program.
Sec. 220. The department shall post on its website a link to
the federal Institute of Education Sciences' What Works
Clearinghouse. The department also shall work to disseminate
knowledge about the What Works Clearinghouse to districts and
intermediate districts so that it may be used to improve reading
proficiency for pupils in grades K to 3.
Sec. 221. The department shall require all districts and
intermediate school districts to maintain complete records within
the personnel file of a teacher or school employee of any
disciplinary actions taken by the governing board against the
teacher or employee for sexual misconduct. The records shall not be
destroyed or removed from the teacher's or employee's personnel
file except as required by a court order.
Sec. 222. The department shall not take disciplinary action
against an employee who communicates truthfully and factually with
a member of the legislature or his or her staff.
Sec. 223. The department and agencies receiving appropriations
in part 1 shall receive and retain copies of all reports funded
from appropriations in part 1. Federal and state guidelines for
short-term and long-term retention of records shall be followed.
The department may electronically retain copies of reports unless
otherwise required by federal and state guidelines.
Sec. 224. In addition to the metrics required under section
447 of the management and budget act, 1984 PA 431, MCL 18.1447, for
each new program or program enhancement for which funds in excess
of $500,000.00 are appropriated in part 1, the department shall
provide not later than November 1, 2016 a list of program-specific
metrics intended to measure its performance based on a return on
taxpayer investment. The department shall deliver the program-
specific metrics to members of the senate and house subcommittees
that have subject matter jurisdiction for this budget, fiscal
agencies, and the state budget director. The department shall
provide an update on its progress in tracking program-specific
metrics and the status of program success at an appropriations
subcommittee meeting called for by the subcommittee chair.
Sec. 225. The department shall not enter into a contract
funded under part 1 that exceeds $1,000,000.00 or seek a federal
waiver from the no child left behind act of 2001, Public Law 107-
110, or an amendment to the federal waiver, until after
notification of the content to both the house and senate
appropriations committees.
Sec. 226. From the funds appropriated in part 1, the
department shall coordinate with the other departments to
streamline state services and resources, reduce duplication, and
increase efficiency. This includes, but is not limited to, working
with the department of technology, management, and budget to
coordinate with the school reform office, working with the
department of treasury to coordinate with the financial
independence team and overseeing deficit districts, and working
with the department of health and human services and department of
licensing and regulatory affairs to coordinate with early childhood
programs and overseeing child care providers.
STATE BOARD OF EDUCATION/OFFICE OF THE SUPERINTENDENT
Sec. 301. (1) The appropriations in part 1 may be used for per
diem payments to the state board for meetings at which a quorum is
present or for performing official business authorized by the state
board. The per diem payments shall be at a rate as follows:
(a) State board of education - president - $110.00 per day.
(b) State board of education - member other than president -
$100.00 per day.
(2) A state board of education member shall not be paid a per
diem for more than 30 days per year.
Sec. 302. From the amount appropriated in part 1 to the state
board of education, not more than $35,000.00 for the fiscal year
ending September 30, 2017 shall be expended for in-state travel and
out-of-state travel directly related to the duties of the state
board of education.
MICHIGAN SCHOOLS FOR THE DEAF AND BLIND
Sec. 401. The employees at the Michigan schools for the deaf
and blind who work on a school-year basis are considered annual
employees for purposes of service credits, retirement, and
insurance benefits.
Sec. 402. For each student enrolled at the Michigan schools
for the deaf and blind, the department shall assess the
intermediate school district of residence 100% of the cost of
operating the student's instructional program. The amount shall
exclude room and board related costs and the cost of weekend
transportation between the school and the student's home.
Sec. 406. (1) The Michigan schools for the deaf and blind may
promote its residential program as a possible appropriate option
for children who are deaf or hard of hearing or who are blind or
visually impaired. The Michigan schools for the deaf and blind
shall distribute information detailing its services to all
intermediate school districts in the state.
(2) Upon knowledge of or recognition by an intermediate school
district that a child in the district is deaf or hard of hearing or
blind or visually impaired, the intermediate school district shall
provide to the parents of the child the literature distributed by
the Michigan schools for the deaf and blind to intermediate school
districts under subsection (1).
(3) Parents will continue to have a choice regarding the
educational placement of their deaf or hard-of-hearing children.
Sec. 407. Revenue received by the Michigan schools for the
deaf and blind from gifts, bequests, donations, and local district
service fees that is unexpended at the end of the state fiscal year
may be carried over to the succeeding fiscal year and shall not
revert to the general fund.
Sec. 408. For the funds appropriated in part 1 for the low
incidence outreach fund, the funds collected by the Michigan
schools for the deaf and the low incidence outreach program for
document reproduction and services; conferences, workshops, and
training classes; and the use of specialized equipment, facilities,
and software are appropriated for all expenses necessary to provide
the required services. These funds are available for expenditure
when they are received and may be carried forward into the next
succeeding fiscal year.
PROFESSIONAL PREPARATION SERVICES
Sec. 501. From the funds appropriated in part 1 for
professional preparation services, the department shall maintain
certificate revocation/felony conviction files of educational
personnel.
Sec. 502. The department shall authorize teacher preparation
institutions to provide an alternative program by which up to 1/2
of the required student internship or student teaching credits may
be earned through substitute teaching. The department shall require
that teacher preparation institutions collaborate with school
districts to ensure that the quality of instruction provided to
student teachers is comparable to that required in a traditional
student teaching program.
Sec. 506. Revenue received from teacher testing fees that is
unexpended at the end of the state fiscal year may be carried over
to the succeeding fiscal year and shall not revert to the general
fund.
Sec. 507. From the funds appropriated in part 1, the
department shall adopt a teacher certification test that ensures
that all newly certified elementary teachers have the skills to
deliver evidence-based literacy instruction. The department may use
teacher certification or teacher testing fee revenue to the extent
allowable under law to implement this section, or may pass along
increased testing fees to teachers as allowable and appropriate.
FIELD SERVICES
Sec. 701. (1) From the funds appropriated in part 1 for field
services operations, the department shall produce a report
detailing the progress made by districts with grades K-3 receiving
at-risk funding under section 31a of the state school aid act of
1979, 1979 PA 94, MCL 388.1631a, in implementing multitiered
systems of supports in the prior school fiscal year.
(2) The report shall include, at a minimum:
(a) A description of the training, coaching, and technical
assistance offered by the department to districts to support the
implementation of effective multitiered systems of supports.
(b) A list of districts determined by the department to have
successfully implemented multitiered systems of supports.
(c) A list of best practices that the department has
identified that may be used by districts to implement multitiered
systems of supports.
(d) Other information the department determines would be
useful to understanding the status of districts' implementation of
effective multitiered systems of supports.
(3) The report shall be provided to the state budget director,
the house and senate subcommittees that oversee the department of
education and school aid budgets, and the house and senate fiscal
agencies by September 30, 2017.
LIBRARY OF MICHIGAN
Sec. 801. For the funds appropriated in part 1 for library
fees, the funds collected by the department for document
reproduction and services; conferences, workshops, and training
classes; and the use of specialized equipment, facilities, and
software are appropriated for all expenses necessary to provide the
required services. These funds are available for expenditure when
they are received and may be carried forward into the next
succeeding fiscal year.
Sec. 803. It is the intent of the legislature that the library
of Michigan and the component programs currently within the library
of Michigan with the exception of the genealogical collections
shall be kept together in a state department.
Sec. 804. (1) The funds appropriated in part 1 for renaissance
zone reimbursements shall be used to reimburse public libraries
under section 12 of the Michigan renaissance zone act, 1996 PA 376,
MCL 125.2692, for taxes levied in 2016. 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.
SPECIAL EDUCATION SERVICES
Sec. 901. From the increased funds in part 1 for special
education operations, the department shall perform the following
activities:
(a) Design and distribute information about federal and state
mandates regarding the rights and protections of students with
disabilities, including, but not limited to, individualized
education programs to ensure that parents and legal guardians are
fully informed about laws, rules, procedural safeguards, problem-
solving options, and any other information the department
determines is necessary so that parents and legal guardians may be
able to provide meaningful input in collaboration with districts to
develop and implement an individualized education program.
(b) Train mediators who are knowledgeable about the dispute
resolution system and state and federal mandates pertaining to the
rights and protections of students with disabilities outlined in
the federal individuals with disabilities education act, 20 USC
1400 to 1482, and the Michigan Administrative Rules for special
education programs and services, R 340.1701 to R 340.1862 of the
Michigan administrative code. This annual training will include
coursework, resources, and materials.
MICHIGAN OFFICE OF GREAT START
Sec. 1003. (1) The department shall provide the house and
senate appropriations subcommittees on the department budget with
an annual report on all funding appropriated to the Early Childhood
Investment Corporation by the state during the previous fiscal
year. The report is due by February 15 and must contain at least
the following information:
(a) Total funding appropriated to the Early Childhood
Investment Corporation by the state during the previous fiscal
year.
(b) The amount of funding for each grant awarded.
(c) The grant recipients.
(d) The activities funded by each grant.
(e) An analysis of each grant recipient's success in
addressing the development of a comprehensive system of early
childhood services and supports.
(2) All department contracts for early childhood comprehensive
systems planning shall be bid out through a statewide request-for-
proposal process.
Sec. 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 2016-2017 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
fiscal year 2016-2017.
(d) The number of providers that have improved their quality
rating since the start of fiscal year 2016-2017 compared to the
same time period in fiscal year 2015-2016.
(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, 2017 and September 30, 2017.
Sec. 1008. From the amount appropriated in part 1 for office
of great start operations, the department shall work with the
department of health and human services to coordinate services
provided to families for home visits, reduce duplication of state
services and spending, and increase efficiencies including the home
visits funded under section 32p of the state school aid act of
1979, 1979 PA 94, MCL 388.1632p.
ACCOUNTABILITY SERVICES
Sec. 1021. Using the funds appropriated in part 1, the
department shall work in collaboration with the department of
technology, management, and budget to renegotiate the contract with
the ACT to ensure that it registers, issues, and ships to schools a
printed national career readiness certificate (NCRC) to each
Michigan student who takes the ACT WorkKeys test, successfully
completes the exam, qualifies for the certificate, and ensures that
the renegotiated contract results in minimal or no additional costs
to the state. If a renegotiation cannot be completed that results
in minimal or no additional costs to the state, the department
shall rebid the contract for the workskills portion of the Michigan
merit exam (MME).
ONE-TIME APPROPRIATIONS
Sec. 1101. (1) From the funds appropriated in part 1 for
drinking water declaration of emergency, the department shall
allocate funding to address the child care needs in a city in which
a declaration of emergency was issued because of drinking water
contamination. Funds shall be used to support the following
activities in the city:
(a) Pilot the expansion of child development and care
eligibility to children ages birth to 3 for 1/2-day child care
services by removing household income as a determinate of
eligibility.
(b) Provide information to child care providers on
identification and intervention services for children demonstrating
potential developmental delays associated with exposure to lead.
(2) The department shall amend definitions and eligibility
requirements in the child care and development fund state plan as
necessary to implement this section.
Sec. 1102. (1) From the funds appropriated in part 1 for
voluntary water testing, there is allocated an amount not to exceed
$4,000,000.00 for 2016-2017 for reimbursements to districts and
intermediate districts for costs associated with testing for lead
in water and for the purchase of filtration devices. Funds
appropriated for voluntary water testing are intended to ensure
that districts and intermediate districts are providing safe
drinking water.
(2) Not later than April 1, 2016, the department, in
collaboration with the department of environmental quality and the
department of licensing and regulatory affairs, shall develop a
strategic statewide plan for the voluntary testing for lead in
water by districts and intermediate districts served by municipal
water systems that provides criteria for prioritizing what
facilities, water pipes, and plumbing fixtures should be tested. At
a minimum, the age of the facility should be considered, as well as
fixtures that are high-risk such as drinking fountains, ice makers,
kitchen taps, or any other fixtures that deliver water commonly
used for consumption. The plan shall also identify the proper
sampling and analysis protocols for testing for lead in water and
measures for reducing lead exposure as recommended by the United
States Environmental Protection Agency.
(3) Not later than April 30, 2016, the department shall
provide notice to all districts and intermediate districts of the
strategic statewide plan and the application process for
reimbursement of voluntary testing for lead in water and for the
purchase of filtration devices.
(4) The application for reimbursement shall include the
collection of data that, at a minimum, allows the department to
prepare a report to the governor, the legislature, the house and
senate fiscal agencies, and the state budget director not later
than 60 days after the end of the state fiscal year containing the
following information:
(a) The total number of fixtures within the facilities of the
district or intermediate district providing water for consumption
that met the prioritization criteria contained in the statewide
strategic plan.
(b) The total number of fixtures tested for lead using the
sampling and analysis protocols recommended in the statewide
strategic plan.
(c) The number of fixtures tested that showed elevated levels
of lead.
(d) The number of filtration devices purchased and unit costs.
(e) A description of the measures implemented by the district
or intermediate district to reduce elevated levels of lead.
(f) Any financial or other information that the department
determines would be necessary to properly reimburse districts and
intermediate districts.
(g) Assurance that the district or intermediate district has
posted the testing results on its website in a form and manner
approved by the department.
(5) If eligible testing requests for reimbursement exceed the
appropriation contained in the voluntary water testing line item,
those reimbursement requests shall be prorated on an equal dollar
basis.
(6) As used in this section, "eligible testing request" means
a reimbursement request for reasonable costs not to exceed
$1,000.00 per school building associated with water testing or
purchase of water filtration devices that occurred after October 1,
2015, that meets the prioritization criteria in the statewide
strategic plan, and that has been tested according to the sampling
and analysis protocols contained in the statewide strategic plan.
To be eligible for reimbursement of water filtration devices, a
school building must have first tested its water for elevated lead
levels and the test results indicated elevated lead levels in the
water above acceptable levels.
(7) For purposes of this section, a state-approved nonpublic
school is considered to be a district.
PART 2A
PROVISIONS CONCERNING ANTICIPATED APPROPRIATIONS
FOR FISCAL YEAR 2017-2018
GENERAL SECTIONS
Sec. 1201. It is the intent of the legislature to provide
appropriations for the fiscal year ending on September 30, 2018 for
the line items listed in part 1. The fiscal year 2017-2018
appropriations are anticipated to be the same as those for fiscal
year 2016-2017, except that the line items will be adjusted for
changes in caseload and related costs, federal fund match rates,
economic factors, and available revenue. These adjustments will be
determined after the January 2017 consensus revenue estimating
conference.
ARTICLE VII
DEPARTMENT OF ENVIRONMENTAL QUALITY
PART 1
LINE-ITEM APPROPRIATIONS
Sec. 101. There is appropriated for the department of
environmental quality for the fiscal year ending September 30,
2017, from the following funds:
DEPARTMENT OF ENVIRONMENTAL QUALITY
APPROPRIATION SUMMARY
Full-time equated unclassified positions.......... 6.0
Full-time equated classified positions........ 1,232.0
GROSS APPROPRIATION.................................... $ 513,499,400
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 9,225,700
ADJUSTED GROSS APPROPRIATION........................... $ 504,273,700
Federal revenues:
Federal funds.......................................... 138,687,200
Special revenue funds:
Private funds.......................................... 555,300
Total other state restricted revenues.................. 317,344,800
State general fund/general purpose..................... $ 47,686,400
State general fund/general purpose schedule:
Ongoing state general fund/general
purpose................................... 35,336,400
One-time state general fund/general
purpose................................... 12,350,000
FUND SOURCE SUMMARY
Full-time equated unclassified positions.......... 6.0
Full-time equated classified positions........ 1,232.0
GROSS APPROPRIATION.................................... $ 513,499,400
Interdepartmental grant revenues:
IDG, MDOT - Michigan transportation fund............... 1,335,100
IDG, MDSP.............................................. 1,744,500
IDT, interdivisional charges........................... 2,053,400
IDT, laboratory services............................... 4,092,700
Total interdepartmental grants and intradepartmental
transfers............................................ 9,225,700
ADJUSTED GROSS APPROPRIATION........................... $ 504,273,700
Federal revenues:
Federal funds.......................................... 138,687,200
Special revenue funds:
Private funds.......................................... 555,300
Air emissions fees..................................... 12,132,700
Aquatic nuisance control fund.......................... 913,200
Campground fund........................................ 315,100
Clean Michigan initiative - clean water fund........... 3,417,100
Clean Michigan initiative - contaminated sediments..... 2,265,000
Clean Michigan initiative - nonpoint source............ 2,000,000
Clean Michigan initiative - response activities........ 14,900,000
Cleanup and redevelopment fund......................... 19,394,700
Community pollution prevention fund.................... 250,000
Electronic waste recycling fund........................ 327,100
Environmental education fund........................... 166,200
Environmental pollution prevention fund................ 7,977,300
Environmental protection fund.......................... 2,429,900
Environmental response fund............................ 3,773,600
Fees and collections................................... 407,500
Financial instruments.................................. 9,416,500
Drinking water declaration of emergency reserve fund... 100
Great Lakes protection fund............................ 391,100
Groundwater discharge permit fees...................... 1,751,000
Infrastructure construction fund....................... 50,900
Land and water permit fees............................. 3,217,000
Landfill maintenance trust fund........................ 31,000
Medical waste emergency response fund.................. 330,800
Metallic mining surveillance fee revenue............... 100,400
Mineral well regulatory fee revenue.................... 220,600
Nonferrous metallic mineral surveillance............... 358,900
NPDES fees............................................. 4,542,100
Oil and gas regulatory fund............................ 5,103,500
Orphan well fund....................................... 2,408,600
Public swimming pool fund.............................. 650,300
Public utility assessments............................. 262,000
Public water supply fees............................... 4,914,000
Refined petroleum fund................................. 42,473,800
Revitalization revolving loan fund..................... 103,100
Revolving loan revenue bonds........................... 11,400,000
Sand extraction fee revenue............................ 92,500
Scrap tire regulatory fund............................. 5,080,800
Septage waste contingency fund......................... 18,400
Septage waste program fund............................. 525,000
Settlement funds....................................... 425,400
Sewage sludge land application fees.................... 1,128,400
Small business pollution prevention revolving loan
fund................................................. 165,100
Soil erosion and sedimentation control training fund... 169,600
Solid waste management fund - staff account............ 5,058,000
Stormwater permit fees................................. 3,149,500
Strategic water quality initiatives fund............... 116,193,700
Underground storage tank cleanup fund.................. 20,011,400
Wastewater operator training fees...................... 584,200
Water analysis fees.................................... 2,239,600
Water pollution control revolving fund................. 3,724,400
Water quality protection fund.......................... 100,000
Water use reporting fees............................... 283,700
Total other state restricted revenues.................. 317,344,800
State general fund/general purpose..................... $ 47,686,400
Sec. 102. EXECUTIVE OPERATIONS
Full-time equated unclassified positions.......... 6.0
Full-time equated classified positions........... 13.0
Unclassified salaries--6.0 FTE positions............... $ 754,000
Executive direction--13.0 FTE positions................ 2,099,400
GROSS APPROPRIATION.................................... $ 2,853,400
Appropriated from:
Federal revenues:
Federal funds.......................................... 27,600
Special revenue funds:
Environmental protection fund.......................... 304,900
Environmental response fund............................ 173,100
Oil and gas regulatory fund............................ 226,900
Refined petroleum fund................................. 601,000
Settlement funds....................................... 11,600
State general fund/general purpose..................... $ 1,508,300
Sec. 103. OFFICE OF THE GREAT LAKES
Full-time equated classified positions........... 12.0
Office of the Great Lakes--12.0 FTE positions.......... $ 2,170,700
Coastal management grants.............................. 1,250,000
GROSS APPROPRIATION.................................... $ 3,420,700
Appropriated from:
Federal revenues:
Federal funds.......................................... 2,037,900
Special revenue funds:
Great Lakes protection fund............................ 369,400
Settlement funds....................................... 113,700
State general fund/general purpose..................... $ 899,700
Sec. 104. GREAT LAKES RESTORATION INITIATIVE
Full-time equated classified positions............ 6.0
Great Lakes restoration initiative--6.0 FTE positions.. $ 15,090,700
GROSS APPROPRIATION.................................... $ 15,090,700
Appropriated from:
Federal revenues:
Federal funds.......................................... 15,090,700
Special revenue funds:
State general fund/general purpose..................... $ 0
Sec. 105. DEPARTMENT SUPPORT SERVICES
Full-time equated classified positions........... 34.0
Central support services--34.0 FTE positions........... $ 4,147,800
Accounting service center.............................. 1,391,400
Administrative hearings................................ 381,200
Automated data processing.............................. 2,053,400
Building occupancy charges............................. 4,582,800
Environmental support projects......................... 5,000,000
Rent - privately owned property........................ 2,240,600
GROSS APPROPRIATION.................................... $ 19,797,200
Appropriated from:
Interdepartmental grant revenues:
IDG, MDSP.............................................. 60,100
IDT, interdivisional charges........................... 2,053,400
IDT, laboratory services............................... 153,300
Special revenue funds:
Air emissions fees..................................... 1,258,400
Campground fund........................................ 14,300
Cleanup and redevelopment fund......................... 1,438,700
Electronic waste recycling fund........................ 15,300
Environmental pollution prevention fund................ 778,800
Environmental response fund............................ 217,800
Fees and collections................................... 26,900
Financial instruments.................................. 7,261,900
Great Lakes protection fund............................ 14,100
Groundwater discharge permit fees...................... 182,600
Land and water permit fees............................. 528,500
Medical waste emergency response fund.................. 16,100
Metallic mining surveillance fee revenue............... 4,500
Mineral well regulatory fee revenue.................... 8,100
Nonferrous metallic mineral surveillance............... 800
NPDES fees............................................. 224,300
Oil and gas regulatory fund............................ 598,500
Orphan well fund....................................... 47,400
Public swimming pool fund.............................. 24,600
Public utility assessments............................. 19,500
Public water supply fees............................... 174,300
Refined petroleum fund................................. 1,610,700
Sand extraction fee revenue............................ 3,800
Scrap tire regulatory fund............................. 152,600
Septage waste program fund............................. 18,100
Settlement funds....................................... 37,200
Sewage sludge land application fees.................... 116,500
Small business pollution prevention revolving loan
fund................................................. 17,400
Soil erosion and sedimentation control training fund... 17,000
Solid waste management fund - staff account............ 306,400
Stormwater permit fees................................. 115,200
Wastewater operator training fees...................... 31,000
Water analysis fees.................................... 138,100
Water use reporting fees............................... 22,200
State general fund/general purpose..................... $ 2,088,800
Sec. 106. OFFICE OF ENVIRONMENTAL ASSISTANCE
Full-time equated classified positions........... 38.0
Office of environmental assistance--38.0 FTE positions. $ 6,257,700
Pollution prevention local grants...................... 250,000
GROSS APPROPRIATION.................................... $ 6,507,700
Appropriated from:
Federal revenues:
Federal funds.......................................... 704,800
Special revenue funds:
Private funds.......................................... 364,200
Air emissions fees..................................... 136,300
Community pollution prevention fund.................... 250,000
Environmental education fund........................... 166,200
Environmental pollution prevention fund................ 1,501,300
Fees and collections................................... 120,100
Settlement funds....................................... 262,900
Small business pollution prevention revolving loan
fund................................................. 134,400
State general fund/general purpose..................... $ 2,867,500
Sec. 107. WATER RESOURCE DIVISION
Full-time equated classified positions.......... 316.0
Land and water interface permit programs--82.0 FTE
positions............................................ $ 11,659,600
Program direction and project assistance--27.0 FTE
positions............................................ 3,030,700
Water withdrawal assessment program--4.0 FTE positions. 1,423,500
Water quality and use initiative/general--5.0 FTE
positions............................................ 1,645,700
Real-time beach monitoring program..................... 500,000
Wetlands program....................................... 1,000,000
Aquatic nuisance control program--6.0 FTE positions.... 913,200
Expedited water/wastewater permits--1.0 FTE position... 50,900
Fish contaminant monitoring............................ 316,100
Groundwater discharge--22.0 FTE positions.............. 3,215,900
NPDES nonstormwater program--83.0 FTE positions........ 13,003,900
Surface water--86.0 FTE positions...................... 15,871,800
Federal - Great Lakes remedial action plan grants...... 583,800
Federal - nonpoint source water pollution grants....... 4,083,300
Contaminated lake and river sediment cleanup program... 1,565,000
Nonpoint source pollution prevention and control
project program...................................... 2,000,000
Wetland mitigation banking grants and loans............ 3,000,000
Water quality protection grants........................ 100,000
GROSS APPROPRIATION.................................... $ 63,963,400
Appropriated from:
Interdepartmental grant revenues:
IDG, MDOT - Michigan transportation fund............... 1,249,000
Federal revenues:
Federal funds.......................................... 19,479,100
Special revenue funds:
Aquatic nuisance control fund.......................... 913,200
Clean Michigan initiative - clean water fund........... 3,417,100
Clean Michigan initiative - contaminated sediments..... 1,565,000
Clean Michigan initiative - nonpoint source............ 2,000,000
Environmental response fund............................ 204,800
Groundwater discharge permit fees...................... 1,472,900
Infrastructure construction fund....................... 50,900
Land and water permit fees............................. 2,345,100
NPDES fees............................................. 4,144,500
Refined petroleum fund................................. 442,300
Sewage sludge land application fees.................... 950,200
Soil erosion and sedimentation control training fund... 139,600
Stormwater permit fees................................. 2,945,900
Strategic water quality initiatives fund............... 3,000,000
Wastewater operator training fees...................... 280,700
Water pollution control revolving fund................. 821,900
Water quality protection fund.......................... 100,000
Water use reporting fees............................... 245,100
State general fund/general purpose..................... $ 18,196,100
Sec. 108. LAW ENFORCEMENT DIVISION
Full-time equated classified positions........... 14.0
Environmental investigations--14.0 FTE positions....... $ 2,837,200
GROSS APPROPRIATION.................................... $ 2,837,200
Appropriated from:
Interdepartmental grant revenues:
IDT, laboratory services............................... 15,800
Federal revenues:
Federal funds.......................................... 575,700
Special revenue funds:
Air emissions fees..................................... 56,300
Campground fund........................................ 2,100
Cleanup and redevelopment fund......................... 187,600
Electronic waste recycling fund........................ 1,600
Environmental pollution prevention fund................ 107,500
Environmental response fund............................ 40,300
Fees and collections................................... 4,100
Financial instruments.................................. 519,100
Great Lakes protection fund............................ 1,500
Groundwater discharge permit fees...................... 18,800
Land and water permit fees............................. 77,700
Medical waste emergency response fund.................. 2,400
Metallic mining surveillance fee revenue............... 700
Mineral well regulatory fee revenue.................... 1,200
NPDES fees............................................. 32,300
Oil and gas regulatory fund............................ 86,600
Orphan well fund....................................... 7,100
Public swimming pool fund.............................. 3,700
Public utility assessments............................. 2,000
Public water supply fees............................... 26,500
Refined petroleum fund................................. 362,500
Sand extraction fee revenue............................ 600
Scrap tire regulatory fund............................. 29,200
Septage waste program fund............................. 2,700
Sewage sludge land application fees.................... 12,200
Small business pollution prevention revolving loan
fund................................................. 2,600
Soil erosion and sedimentation control training fund... 2,600
Solid waste management fund - staff account............ 40,800
Stormwater permit fees................................. 17,500
Wastewater operator training fees...................... 4,600
Water analysis fees.................................... 18,200
Water use reporting fees............................... 3,100
State general fund/general purpose..................... $ 570,000
Sec. 109. AIR QUALITY DIVISION
Full-time equated classified positions.......... 188.0
Air quality programs--188.0 FTE positions.............. $ 27,231,500
GROSS APPROPRIATION.................................... $ 27,231,500
Appropriated from:
Federal revenues:
Federal funds.......................................... 7,450,200
Special revenue funds:
Air emissions fees..................................... 10,015,300
Environmental pollution prevention fund................ 1,362,000
Fees and collections................................... 205,300
Oil and gas regulatory fund............................ 137,200
Refined petroleum fund................................. 3,657,200
State general fund/general purpose..................... $ 4,404,300
Sec. 110. RESOURCE MANAGEMENT DIVISION
Full-time equated classified positions.......... 305.0
Drinking water and environmental health--106.0 FTE
positions............................................ $ 14,901,900
Hazardous waste management program--45.0 FTE positions. 6,946,100
Low-level radioactive waste authority--2.0 FTE
positions............................................ 232,600
Medical waste program--2.0 FTE positions............... 302,300
Municipal assistance--29.0 FTE positions............... 4,800,500
Radiological protection program--12.0 FTE positions.... 1,966,500
Scrap tire regulatory program--10.0 FTE positions...... 1,334,700
Oil, gas and mineral services--59.0 FTE positions...... 6,794,800
Recycling initiative--3.0 FTE positions................ 1,008,700
Solid waste management program--37.0 FTE positions..... 5,026,400
Drinking water program grants.......................... 830,000
Noncommunity water grants.............................. 2,000,000
Septage waste compliance grants........................ 275,000
Strategic water quality initiative grants and loans.... 97,000,000
Water pollution control and drinking water revolving
fund................................................. 84,993,000
Scrap tire grants...................................... 3,500,000
GROSS APPROPRIATION.................................... $ 231,912,500
Appropriated from:
Interdepartmental grant revenues:
IDG, MDSP.............................................. 1,658,600
Federal revenues:
Federal funds.......................................... 86,027,300
Special revenue funds:
Campground fund........................................ 290,300
Electronic waste recycling fund........................ 303,700
Environmental pollution prevention fund................ 3,768,300
Fees and collections................................... 34,500
Medical waste emergency response fund.................. 302,300
Metallic mining surveillance fee revenue............... 92,500
Mineral well regulatory fee revenue.................... 206,400
Nonferrous metallic mineral surveillance............... 357,800
Oil and gas regulatory fund............................ 3,727,700
Orphan well fund....................................... 2,324,600
Public swimming pool fund.............................. 606,900
Public utility assessments............................. 232,600
Public water supply fees............................... 4,257,700
Refined petroleum fund................................. 682,500
Revolving loan revenue bonds........................... 11,400,000
Sand extraction fee revenue............................ 85,800
Scrap tire regulatory fund............................. 4,834,700
Septage waste contingency fund......................... 18,400
Septage waste program fund............................. 492,900
Solid waste management fund - staff account............ 4,539,600
Strategic water quality initiatives fund............... 98,193,700
Wastewater operator training fees...................... 248,700
Water pollution control revolving fund................. 2,858,900
State general fund/general purpose..................... $ 4,366,100
Sec. 111. REMEDIATION AND REDEVELOPMENT DIVISION
Full-time equated classified positions.......... 291.0
Contaminated site investigations, cleanup and
revitalization--127.0 FTE positions.................. $ 13,859,200
Federal cleanup project management--40.0 FTE positions. 6,934,500
Laboratory services--39.0 FTE positions................ 6,175,300
Emergency cleanup actions.............................. 4,000,000
Environmental cleanup support.......................... 1,840,000
Environmental cleanup and redevelopment program........ 29,900,000
Refined petroleum product cleanup program--85.0 FTE
positions............................................ 34,475,700
Superfund cleanup...................................... 1,000,000
GROSS APPROPRIATION.................................... $ 98,184,700
Appropriated from:
Interdepartmental grant revenues:
IDT, laboratory services............................... 3,858,800
Federal revenues:
Federal funds.......................................... 6,305,400
Special revenue funds:
Private funds.......................................... 191,100
Clean Michigan initiative - response activities........ 14,900,000
Cleanup and redevelopment fund......................... 17,006,600
Environmental protection fund.......................... 2,037,600
Environmental response fund............................ 2,972,000
Landfill maintenance trust fund........................ 31,000
Public water supply fees............................... 307,500
Refined petroleum fund................................. 33,462,600
Revitalization revolving loan fund..................... 103,100
Strategic water quality initiatives fund............... 15,000,000
Water analysis fees.................................... 2,009,000
State general fund/general purpose..................... $ 0
Sec. 112. UNDERGROUND STORAGE TANK AUTHORITY
Full-time equated classified positions............ 5.0
Underground storage tank cleanup program--5.0 FTE
positions............................................ $ 20,011,400
GROSS APPROPRIATION.................................... $ 20,011,400
Appropriated from:
Special revenue funds:
Underground storage tank cleanup fund.................. 20,011,400
State general fund/general purpose..................... $ 0
Sec. 113. INFORMATION TECHNOLOGY
Information technology services and projects........... $ 8,638,900
GROSS APPROPRIATION.................................... $ 8,638,900
Appropriated from:
Interdepartmental grant revenues:
IDG, MDOT - Michigan transportation fund............... 86,100
IDG, MDSP.............................................. 25,800
IDT, laboratory services............................... 64,800
Federal revenues:
Federal funds.......................................... 988,500
Special revenue funds:
Air emissions fees..................................... 666,400
Campground fund........................................ 8,400
Cleanup and redevelopment fund......................... 761,800
Electronic waste recycling fund........................ 6,500
Environmental pollution prevention fund................ 459,400
Environmental protection fund.......................... 87,400
Environmental response fund............................ 165,600
Fees and collections................................... 16,600
Financial instruments.................................. 1,635,500
Great Lakes protection fund............................ 6,100
Groundwater discharge permit fees...................... 76,700
Land and water permit fees............................. 265,700
Medical waste emergency response fund.................. 10,000
Metallic mining surveillance fee revenue............... 2,700
Mineral well regulatory fee revenue.................... 4,900
Nonferrous metallic mineral surveillance............... 300
NPDES fees............................................. 141,000
Oil and gas regulatory fund............................ 326,600
Orphan well fund....................................... 29,500
Public swimming pool fund.............................. 15,100
Public utility assessments............................. 7,900
Public water supply fees............................... 148,000
Refined petroleum fund................................. 1,655,000
Sand extraction fee revenue............................ 2,300
Scrap tire regulatory fund............................. 64,300
Septage waste program fund............................. 11,300
Sewage sludge land application fees.................... 49,500
Small business pollution prevention revolving loan
fund................................................. 10,700
Soil erosion and sedimentation control training fund... 10,400
Solid waste management fund - staff account............ 171,200
Stormwater permit fees................................. 70,900
Wastewater operator training fees...................... 19,200
Water analysis fees.................................... 74,300
Water pollution control revolving fund................. 43,600
Water use reporting fees............................... 13,300
State general fund/general purpose..................... $ 435,600
Sec. 114. ONE-TIME BASIS ONLY APPROPRIATIONS
Full-time equated classified positions........... 10.0
Contaminated lake and river sediment cleanup program... $ 700,000
Drinking water declaration of emergency--10.0 FTE
positions............................................ 5,400,100
Oil, gas and mineral services (one-time)............... 4,000,000
Water pollution control and drinking water revolving
fund................................................. 2,950,000
GROSS APPROPRIATION.................................... $ 13,050,100
Appropriated from:
Special revenue funds:
Clean Michigan initiative - contaminated sediments..... 700,000
Drinking water declaration of emergency reserve fund... 100
State general fund/general purpose..................... $ 12,350,000
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
FOR FISCAL YEAR 2016-2017
GENERAL SECTIONS
Sec. 201. In accordance with the provisions of section 30 of
article IX of the state constitution of 1963, total state spending
from state resources under part 1 for the fiscal year ending
September 30, 2017 is $365,031,200.00 and state appropriations paid
to local units of government are $3,750,000.00. The following
itemized list identifies appropriations from which appropriations
to local units of government will occur:
DEPARTMENT OF ENVIRONMENTAL QUALITY
Drinking water and environmental health................ $ 212,000
Drinking water program grants.......................... 157,000
Emergency cleanup actions.............................. 106,000
Noncommunity water grants.............................. 1,700,000
Scrap tire grants...................................... 500,000
Pollution prevention local grants...................... 250,000
Real-time beach monitoring program..................... 500,000
Septage waste compliance grants........................ 100,000
Solid waste management program......................... 65,000
Surface water.......................................... 160,000
TOTAL.................................................. $ 3,750,000
Sec. 202. The appropriations authorized under this part and
part 1 are subject to the management and budget act, 1984 PA 431,
MCL 18.1101 to 18.1594.
Sec. 203. As used in this part and part 1:
(a) "Department" means the department of environmental
quality.
(b) "Director" means the director of the department.
(c) "FTE" means full-time equated.
(d) "IDG" means interdepartmental grant.
(e) "IDT" means intradepartmental transfer.
(f) "MDOT" means the state transportation department.
(g) "MDSP" means the department of state police.
(h) "NPDES" means national pollution discharge elimination
system.
Sec. 204. The departments and agencies receiving
appropriations in part 1 shall use the Internet to fulfill the
reporting requirements of this part. This requirement may include
transmission of reports via electronic mail to the recipients
identified for each reporting requirement, or it may include
placement of reports on an Internet or Intranet site.
Sec. 205. Funds appropriated in part 1 shall not be used for
the purchase of foreign goods or services, or both, if
competitively priced and of comparable quality American goods or
services, or both, are available. Preference shall be given to
goods or services, or both, manufactured or provided by Michigan
businesses and associated subcontractors if they are competitively
priced and of comparable quality. In addition, preference shall be
given to goods or services, or both, that are manufactured or
provided by Michigan businesses owned and operated by veterans, if
they are competitively priced and of comparable quality.
Sec. 206. The director shall take all reasonable steps to
ensure businesses in deprived and depressed communities compete for
and perform contracts to provide services or supplies, or both. The
director shall strongly encourage firms with which the department
contracts to subcontract with certified businesses in depressed and
deprived communities for services, supplies, or both.
Sec. 207. The departments and agencies receiving
appropriations in part 1 shall prepare a report on out-of-state
travel expenses not later than January 1 of each year. The travel
report shall be a listing of all travel by classified and
unclassified employees outside this state in the immediately
preceding fiscal year that was funded in whole or in part with
funds appropriated in the department's budget. The report shall be
submitted to the house and senate appropriations committees, the
house and senate fiscal agencies, and the state budget director.
The report shall include the following information:
(a) The dates of each travel occurrence.
(b) The total transportation and related costs of each travel
occurrence, including the proportion funded with state general
fund/general purpose revenues, the proportion funded with state
restricted revenues, the proportion funded with federal revenues,
and the proportion funded with other revenues.
Sec. 208. Funds appropriated in this part and part 1 shall not
be used by a principal executive department, state agency, or
authority to hire a person to provide legal services that are the
responsibility of the attorney general. This prohibition does not
apply to legal services for bonding activities and for those
activities that the attorney general authorizes.
Sec. 209. Not later than November 30, the state budget office
shall prepare and transmit a report that provides for estimates of
the total general fund/general purpose appropriation lapses at the
close of the prior fiscal year. This report shall summarize the
projected year-end general fund/general purpose appropriation
lapses by major departmental program or program areas. The report
shall be transmitted to the chairpersons of the senate and house
appropriations committees and the senate and house fiscal agencies.
Sec. 210. (1) In addition to the funds appropriated in part 1,
there is appropriated an amount not to exceed $30,000,000.00 for
federal contingency funds. These funds are not available for
expenditure until they have been transferred to another line item
in part 1 under section 393(2) of the management and budget act,
1984 PA 431, MCL 18.1393.
(2) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $5,000,000.00 for state
restricted contingency funds. These funds are not available for
expenditure until they have been transferred to another line item
in part 1 under section 393(2) of the management and budget act,
1984 PA 431, MCL 18.1393.
(3) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $100,000.00 for local
contingency funds. These funds are not available for expenditure
until they have been transferred to another line item in part 1
under section 393(2) of the management and budget act, 1984 PA 431,
MCL 18.1393.
(4) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $500,000.00 for private
contingency funds. These funds are not available for expenditure
until they have been transferred to another line item in part 1
under section 393(2) of the management and budget act, 1984 PA 431,
MCL 18.1393.
Sec. 211. The department shall cooperate with the department
of technology, management, and budget to maintain a searchable
website accessible by the public at no cost that includes, but is
not limited to, all of the following for each department or agency:
(a) Fiscal year-to-date expenditures by category.
(b) Fiscal year-to-date expenditures by appropriation unit.
(c) Fiscal year-to-date payments to a selected vendor,
including the vendor name, payment date, payment amount, and
payment description.
(d) The number of active department employees by job
classification.
(e) Job specifications and wage rates.
Sec. 212. Within 14 days after the release of the executive
budget recommendation, the department shall cooperate with the
state budget office to provide the senate and house appropriations
chairs, the senate and house appropriations subcommittee chairs,
and the senate and house fiscal agencies with an annual report on
estimated state restricted fund balances, state restricted fund
projected revenues, and state restricted fund expenditures for the
fiscal years ending September 30, 2016 and September 30, 2017.
Sec. 213. The department shall maintain, on a publicly
accessible website, a department scorecard that identifies, tracks,
and regularly updates key metrics that are used to monitor and
improve the agency's performance.
Sec. 214. Total authorized appropriations from all sources
under part 1 for legacy costs for the fiscal year ending September
30, 2017 are $33,238,200.00. From this amount, total agency
appropriations for pension-related legacy costs are estimated at
$18,429,800.00. Total agency appropriations for retiree health care
legacy costs are estimated at $14,808,400.00.
Sec. 215. In addition to the metrics required under section
447 of the management and budget act, 1984 PA 431, MCL 18.1447, for
each new program or program enhancement for which funds in excess
of $500,000.00 are appropriated in part 1, the department shall
provide not later than November 1, 2016 a list of program-specific
metrics intended to measure its performance based on a return on
taxpayer investment. The department shall deliver the program-
specific metrics to members of the senate and house subcommittees
that have subject matter jurisdiction for this budget, fiscal
agencies, and the state budget director. The department shall
provide an update on its progress in tracking program-specific
metrics and the status of program success at an appropriations
subcommittee meeting called for by the subcommittee chair.
Sec. 216. (1) The department shall report all of the following
information relative to allocations made from appropriations for
the environmental cleanup and redevelopment program, state cleanup,
emergency actions, superfund cleanup, the revitalization revolving
loan program, the brownfield grants and loans program, the leaking
underground storage tank cleanup program, the contaminated lake and
river sediments cleanup program, the refined petroleum product
cleanup program, and the environmental protection bond projects
under section 19508(7) of the natural resources and environmental
protection act, 1994 PA 451, MCL 324.19508, to the state budget
director, the senate and house appropriations subcommittees on
environmental quality, and the senate and house fiscal agencies:
(a) The name and location of the site for which an allocation
is made.
(b) The nature of the problem encountered at the site.
(c) A brief description of how the problem will be resolved if
the allocation is made for a response activity.
(d) The estimated date that site closure activities will be
completed.
(e) The amount of the allocation, or the anticipated financing
for the site.
(f) A summary of the sites and the total amount of funds
expended at the sites at the conclusion of the fiscal year.
(g) The number of brownfield projects that were successfully
redeveloped.
(2) The report prepared under subsection (1) shall also
include all of the following:
(a) The status of all state-owned facilities that are on the
list compiled under part 201 of the natural resources and
environmental protection act, 1994 PA 451, MCL 324.20101 to
324.20142.
(b) The report shall include the total amount of funds
expended during the fiscal year and the total amount of funds
awaiting expenditure.
(c) The total amount of bonds issued for the environmental
protection bond program pursuant to part 193 of the natural
resources and environmental protection act, 1994 PA 451, MCL
324.19301 to 324.19306, and bonds issued pursuant to the clean
Michigan initiative act, 1998 PA 284, MCL 324.95101 to 324.95108.
(3) The report shall be made available by March 31 of each
year.
Sec. 217. (1) The department may expend amounts remaining from
the current and prior fiscal year appropriations to meet funding
needs of legislatively approved sites for the environmental cleanup
and redevelopment program, the refined petroleum product cleanup
program, brownfield grants and loans, waterfront grants, and the
environmental bond site reclamation program.
(2) Unexpended and unencumbered amounts remaining from
appropriations from the environmental protection bond fund
contained in 2003 PA 173, 2005 PA 109, 2006 PA 343, 2011 PA 63, and
2012 PA 236 are appropriated for expenditure for any site listed in
this part and part 1 and any site listed in the public acts
referenced in this section.
(3) Unexpended and unencumbered amounts remaining from
appropriations from the clean Michigan initiative fund - response
activities contained in 2000 PA 52, 2004 PA 309, 2005 PA 11, 2006
PA 343, 2007 PA 121, 2011 PA 63, 2013 PA 59, 2014 PA 252, and 2015
PA 84 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, and 2015 PA 84 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, and 2015 PA 84 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. 218. The departments and agencies receiving
appropriations in part 1 shall receive and retain copies of all
reports funded from appropriations in part 1. Federal and state
guidelines for short-term and long-term retention of records shall
be followed. The department may electronically retain copies of
reports unless otherwise required by federal and state guidelines.
Sec. 219. Unexpended settlement revenues at the end of the
fiscal year may be carried forward into the settlement fund in the
succeeding fiscal year up to a maximum carryforward of
$2,500,000.00.
Sec. 220. The department shall not take disciplinary action
against an employee for communicating with a member of the
legislature or his or her staff.
Sec. 221. (1) Funds appropriated in part 1 shall not be used
by the department to promulgate a rule that will apply to a small
business and that will have a disproportionate economic impact on
small businesses because of the size of those businesses if the
department fails to reduce the disproportionate economic impact of
the rule on small businesses as provided under section 40 of the
administrative procedures act of 1969, 1969 PA 306, MCL 24.240.
(2) As used in this section:
(a) "Rule" means that term as defined under section 7 of the
administrative procedures act of 1969, 1969 PA 306, MCL 24.207.
(b) "Small business" means that term as defined under section
7a of the administrative procedures act of 1969, 1969 PA 306, MCL
24.207a.
Sec. 223. Part 1 provides authorizations to fund classified
positions during the fiscal year ending September 30, 2017. Line-
item appropriations include limitations on the number of payroll
hours to be funded, on the basis of 2,088 hours per each FTE
position. The department shall report the number of funded FTE
positions within 15 days after the effective date of this part. The
number of classified employees compensated through each line item
is limited by the authorized FTE positions indicated in part 1, as
adjusted for the number of reported funded FTE positions. The
report shall be provided to the house and senate appropriations
subcommittees on environmental quality and the house and senate
fiscal agencies.
REMEDIATION DIVISION
Sec. 301. Revenues remaining in the interdepartmental
transfers, laboratory services at the end of the fiscal year shall
carry forward into the succeeding fiscal year.
Sec. 302. The unexpended funds appropriated in part 1 for
emergency cleanup actions, the environmental cleanup and
redevelopment program, and the refined petroleum product cleanup
program are considered work project appropriations and any
unencumbered or unallotted funds are carried forward into the
succeeding fiscal year. The following is in compliance with section
451a(1) of the management and budget act, 1984 PA 431, MCL
18.1451a:
(a) The purpose of the projects to be carried forward is to
provide contaminated site cleanup.
(b) The projects will be accomplished by contract.
(c) The total estimated cost of all projects is identified in
each line-item appropriation.
(d) The tentative completion date is September 30, 2021.
Sec. 303. Effective October 1, 2016, surplus funds not to
exceed $1,000,000.00 in the cleanup and redevelopment trust fund
are appropriated to the environmental protection fund created in
section 503a of the natural resources and environmental protection
act, 1994 PA 451, MCL 324.503a.
Sec. 304. Effective October 1, 2016, surplus funds not to
exceed $1,000,000.00 in the community pollution prevention fund
created in section 3f of 1976 IL 1, MCL 445.573f, are appropriated
to the environmental protection fund created in section 503a of the
natural resources and environmental protection act, 1994 PA 451,
MCL 324.503a.
Sec. 305. It is the intent of the legislature to repay the
refined petroleum fund for the $70,000,000.00 that was transferred
to the environmental protection fund created in section 503a of the
natural resources and environmental protection act, 1994 PA 451,
MCL 324.503a, as part of the resolution for the fiscal year 2006-
2007 budget.
Sec. 306. (1) The funds appropriated in part 1 for the refined
petroleum product cleanup program shall be used to fund cleanup
activities on the following sites:
Site Name County
Long Lake Super Market Alpena
Geyer Motor Sales Cheboygan
Procter Gamble Cheboygan
501 Leonard Kent
1603 Diamond Kent
Blanchard Grocery Montcalm
Mark & Penny Case Branch
Clark Service Station #1027 Kalamazoo
Action Auto #4 Genesee
Linden Multi-site Contamination Genesee
13169 Northline Road Wayne
(2) The department shall provide a report to the legislature
on the amount actually spent at each site listed in subsection (1)
and give a detailed account of the work actually performed at each
site.
Sec. 310. (1) Upon approval by the state budget director, the
department may expend from the general fund of the state an amount
to meet the cash-flow requirements of projects funded under any of
the following that are financed from bond proceeds and for which
bonds have been authorized but not yet issued:
(a) Part 52 of the natural resources and environmental
protection act, 1994 PA 451, MCL 324.5201 to 324.5206.
(b) Part 193 of the natural resources and environmental
protection act, 1994 PA 451, MCL 324.19301 to 324.19306.
(c) Part 196 of the natural resources and environmental
protection act, 1994 PA 451, MCL 324.19601 to 324.19616.
(2) Upon the sale of bonds for projects described in
subsection (1), the department shall credit the general fund of the
state an amount equal to that expended from the general fund.
Sec. 311. Not later than June 1, 2016, the department shall
provide a report to the house committee on natural resources, the
house appropriations subcommittee on environmental quality, the
senate committee on natural resources, and the senate
appropriations subcommittee on environmental quality detailing the
remediation and redevelopment actions funded by the May 12, 2015
Calhoun County circuit court settlement between the State of
Michigan and Enbridge Energy related to the July 2010 oil spill in
Talmadge Creek and the Kalamazoo River.
Sec. 312. From funds appropriated in part 1, the department
shall do both of the following:
(a) Conduct a study on the effects of long-term exposure to
perfluorinated compounds.
(b) Conduct a workgroup to establish cleanup criteria for
perfluorinated compounds under part 201 of the natural resources
and environmental protection act, 1994 PA 451, MCL 324.20101 to
324.20142.
WATER RESOURCES DIVISION
Sec. 405. If a certified health department does not exist in a
city, county, or district or does not fulfill its responsibilities
under part 117 of the natural resources and environmental
protection act, 1994 PA 451, MCL 324.11701 to 324.11720, then the
department may spend funds appropriated in part 1 under the septage
waste compliance program in accordance with section 11716 of the
natural resources and environmental protection act, 1994 PA 451,
MCL 324.11716.
Sec. 407. The unexpended funds appropriated in part 1 for the
contaminated lake and river sediment cleanup program are considered
work project appropriations and any unencumbered or unallotted
funds are carried forward into the succeeding fiscal year. The
following is in compliance with section 451a(1) of the management
and budget act, 1984 PA 431, MCL 18.1451a:
(a) The purpose of the projects to be carried forward is to
provide contaminated sediment cleanup.
(b) The projects will be accomplished by contract.
(c) The total estimated cost of all projects is $2,265,000.
(d) The tentative completion date is September 30, 2021.
Sec. 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. The department shall submit the report to the house and
senate appropriations subcommittees on environmental quality and
the house and senate fiscal agencies by March 1.
UNDERGROUND STORAGE TANK AUTHORITY
Sec. 701. The unexpended funds appropriated in part 1 for the
underground storage tank cleanup program are considered work
project appropriations, and any unencumbered or unallotted funds
are carried forward into the succeeding fiscal year. The following
is in compliance with section 451a(1) of the management and budget
act, 1984 PA 431, MCL 18.1451a:
(a) The purpose of the projects to be carried forward is to
provide contaminated site cleanup.
(b) The projects will be accomplished by contract.
(c) The total estimated cost of all projects is
$20,000,000.00.
(d) The tentative completion date is September 30, 2020.
ONE-TIME APPROPRIATIONS
Sec. 801. From the funds appropriated in part 1 for drinking
water declaration of emergency, the department shall allocate funds
to address the following in a city in which a declaration of
emergency was issued because of drinking water contamination:
(a) Funding to change the source of water serving the
distressed community's public water supply to an alternative
reliable source of water.
(b) Staff, lab and testing, and contract costs.
Senate Bill No. 800 as amended May 4, 2016
ARTICLE VIII
GENERAL GOVERNMENT
PART 1
LINE-ITEM APPROPRIATIONS
Sec. 101. There is appropriated for the legislature, the
executive, the department of attorney general, the department of
state, the department of treasury, the department of technology,
management, and budget, the department of civil rights, the
department of talent and economic development, and certain state
purposes related thereto for the fiscal year ending September 30,
2017, from the following funds:
TOTAL GENERAL GOVERNMENT
APPROPRIATION SUMMARY
Full-time equated unclassified positions......... 50.0
Full-time equated classified positions........ 8,697.7
GROSS APPROPRIATION.................................... $ <<4,894,405,800>>
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 760,158,300
ADJUSTED GROSS APPROPRIATION........................... $ <<4,134,247,500>>
Federal revenues:
Total federal revenues................................. 832,523,500
Special revenue funds:
Total local revenues................................... 12,021,000
Total private revenues................................. 6,064,500
Total other state restricted revenues.................. 2,136,895,100
State general fund/general purpose..................... $ <<1,146,744,400>>
State general fund/general purpose schedule:
Ongoing state general fund/general
purpose................................ 1,084,643,100
One-time state general fund/general
purpose................................... 63,100,000
Sec. 102. DEPARTMENT OF ATTORNEY GENERAL
(1) APPROPRIATION SUMMARY
Full-time equated unclassified positions.......... 6.0
Full-time equated classified positions.......... 527.0
GROSS APPROPRIATION.................................... $ 97,085,800
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 28,989,700
ADJUSTED GROSS APPROPRIATION........................... $ 68,096,100
Federal revenues:
Total federal revenues................................. 9,476,700
Special revenue funds:
Total local revenues................................... 0
Total private revenues................................. 0
Total other state restricted revenues.................. 17,578,900
State general fund/general purpose..................... $ 41,040,500
State general fund/general purpose schedule:
Ongoing state general fund/general
purpose................................... 39,140,500
One-time state general fund/general
purpose.................................... 1,900,000
(2) ATTORNEY GENERAL OPERATIONS
Full-time equated unclassified positions.......... 6.0
Full-time equated classified positions.......... 522.5
Attorney general....................................... $ 112,500
Unclassified positions--5.0 FTE positions.............. 754,000
Attorney general operations--479.5 FTE positions....... 84,500,000
Child support enforcement--25.0 FTE positions.......... 3,503,800
Prosecuting attorneys coordinating council--12.0 FTE
positions............................................ 2,142,600
Public safety initiative--1.0 FTE position............. 905,800
Sexual assault law enforcement--5.0 FTE positions...... 1,713,500
GROSS APPROPRIATION.................................... $ 93,632,200
Appropriated from:
Interdepartmental grant revenues:
IDG from MDHHS, health policy.......................... 206,900
IDG from MDHHS, medical services administration........ 691,200
IDG from MDHHS, WIC.................................... 152,500
IDG from department of corrections..................... 660,300
IDG from MDE........................................... 595,600
IDG from MDEQ.......................................... 2,009,000
IDG from MDHHS, human services......................... 5,932,500
IDG from TED, workforce development agency............. 89,600
IDG from MDIFS, financial and insurance services....... 1,213,000
IDG from MDLARA, fireworks safety fund................. 83,000
IDG from MDLARA, health professions.................... 3,037,400
IDG from MDLARA, licensing and regulation fees......... 335,600
IDG from MDLARA, Michigan occupational safety and
health administration................................ 107,700
IDG from MDLARA, remonumentation fees.................. 106,100
IDG from MDLARA, securities fees....................... 188,300
IDG from MDLARA, unlicensed builders................... 334,700
IDG from MDTMB......................................... 463,800
IDG from MDTMB, civil service commission............... 305,900
IDG from MDTMB, risk management revolving fund......... 1,468,400
IDG from MDMVA......................................... 164,900
IDG from MDOS, children's protection registry.......... 45,000
IDG from MDOT, comprehensive transportation fund....... 204,500
IDG from MDOT, state aeronautics fund.................. 177,600
IDG from MDOT, state trunkline fund.................... 2,429,200
IDG from MDSP.......................................... 257,300
IDG from Michigan state housing development authority.. 676,600
IDG from treasury...................................... 6,874,000
IDG from TED, strategic fund........................... 179,100
Federal revenues:
DAG, state administrative match grant/food stamps...... 137,000
Federal funds.......................................... 3,145,100
HHS, medical assistance, medigrant..................... 384,800
HHS-OS, state Medicaid fraud control units............. 5,688,600
National criminal history improvement program.......... 121,200
Special revenue funds:
Antitrust enforcement collections...................... 762,600
Attorney general's operations fund..................... 767,000
Auto repair facilities fees............................ 327,400
Franchise fees......................................... 382,400
Game and fish protection fund.......................... 751,100
Human trafficking commission fund...................... 390,000
Liquor purchase revolving fund......................... 1,459,200
Manufactured housing fees.............................. 250,600
Merit award trust fund................................. 495,700
Michigan employment security act - administrative fund. 2,241,500
Prisoner reimbursement................................. 625,200
Prosecuting attorneys training fees.................... 411,500
Public utility assessments............................. 2,077,300
Real estate enforcement fund........................... 100,700
Reinstatement fees..................................... 257,700
Retirement funds....................................... 1,042,200
Second injury fund..................................... 821,700
Self-insurers security fund............................ 571,200
Silicosis and dust disease fund........................ 225,700
State building authority revenue....................... 120,900
State casino gaming fund............................... 1,861,900
State lottery fund..................................... 345,100
Utility consumers fund................................. 780,800
Waterways fund......................................... 140,000
Worker's compensation administrative revolving fund.... 369,500
State general fund/general purpose..................... $ 37,586,900
(3) INFORMATION TECHNOLOGY
Information technology services and projects........... $ 1,553,600
GROSS APPROPRIATION.................................... $ 1,553,600
Appropriated from:
State general fund/general purpose..................... $ 1,553,600
(4) ONE-TIME BASIS ONLY APPROPRIATIONS
Full-time equated unclassified positions.......... 4.5
Prescription drug abuse enforcement--4.5 FTE positions. $ 700,000
Prosecuting attorneys coordinating council NextGen
IT system............................................ 1,200,000
GROSS APPROPRIATION.................................... $ 1,900,000
Appropriated from:
State general fund/general purpose..................... $ 1,900,000
Sec. 103. DEPARTMENT OF CIVIL RIGHTS
(1) APPROPRIATION SUMMARY
Full-time equated unclassified positions.......... 6.0
Full-time equated classified positions.......... 132.0
GROSS APPROPRIATION.................................... $ 16,746,900
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 293,600
ADJUSTED GROSS APPROPRIATION........................... $ 16,453,300
Federal revenues:
Total federal revenues................................. 2,763,000
Special revenue funds:
Total local revenues................................... 0
Total private revenues................................. 18,700
Total other state restricted revenues.................. 151,900
State general fund/general purpose..................... $ 13,519,700
State general fund/general purpose schedule:
Ongoing state general fund/general
purpose................................... 13,294,700
One-time state general fund/general
purpose...................................... 225,000
(2) CIVIL RIGHTS OPERATIONS
Full-time equated unclassified positions.......... 6.0
Full-time equated classified positions.......... 130.0
Unclassified positions--6.0 FTE positions.............. $ 660,300
Civil rights operations--121.0 FTE positions........... 13,831,700
Division on deaf and hard of hearing--7.0 FTE
positions............................................ 948,600
Hispanic/Latino commission of Michigan--1.0 FTE
position............................................. 261,000
Asian Pacific American affairs commission--1.0 FTE
position............................................. 112,400
GROSS APPROPRIATION.................................... $ 15,814,000
Appropriated from:
Interdepartmental grant revenues:
IDG from DTMB.......................................... 293,600
Federal revenues:
EEOC, state and local antidiscrimination agency
contracts............................................ 1,211,500
HUD, grant............................................. 1,536,500
Special revenue funds:
Private revenues....................................... 18,700
Division on deafness fund.............................. 93,400
State restricted revenues.............................. 58,500
State general fund/general purpose..................... $ 12,601,800
(3) INFORMATION TECHNOLOGY
Information technology services and projects........... $ 707,900
GROSS APPROPRIATION.................................... $ 707,900
Appropriated from:
Federal revenues:
EEOC, state and local antidiscrimination agency
contracts............................................ 15,000
State general fund/general purpose..................... $ 692,900
(4) ONE-TIME BASIS ONLY APPROPRIATIONS
Full-time equated classified positions............ 2.0
Civil rights operations--1.0 FTE position.............. $ 125,000
Commission on Middle Eastern American affairs--1.0
FTE position......................................... 100,000
GROSS APPROPRIATION.................................... $ 225,000
Appropriated from:
State general fund/general purpose..................... $ 225,000
Sec. 104. EXECUTIVE OFFICE
(1) APPROPRIATION SUMMARY
Full-time equated unclassified positions......... 10.0
Full-time equated classified positions........... 74.2
GROSS APPROPRIATION.................................... $ 5,636,300
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 0
ADJUSTED GROSS APPROPRIATION........................... $ 5,636,300
Federal revenues:
Total federal revenues................................. 0
Special revenue funds:
Total local revenues................................... 0
Total private revenues................................. 0
Total other state restricted revenues.................. 0
State general fund/general purpose..................... $ 5,636,300
State general fund/general purpose schedule:
Ongoing state general fund/general
purpose.................................... 5,636,300
One-time state general fund/general
purpose............................................ 0
(2) EXECUTIVE OFFICE OPERATIONS
Full-time equated unclassified positions......... 10.0
Full-time equated classified positions........... 74.2
Governor............................................... $ 159,300
Lieutenant governor.................................... 111,600
Executive office--74.2 FTE positions................... 4,108,100
Unclassified positions--8.0 FTE positions.............. 1,257,300
GROSS APPROPRIATION.................................... $ 5,636,300
Appropriated from:
State general fund/general purpose..................... $ 5,636,300
Sec. 105. LEGISLATURE
(1) APPROPRIATION SUMMARY
GROSS APPROPRIATION.................................... $ 166,205,500
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 5,558,600
ADJUSTED GROSS APPROPRIATION........................... $ 160,646,900
Federal revenues:
Total federal revenues................................. 0
Special revenue funds:
Total local revenues................................... 0
Total private revenues................................. 400,000
Total other state restricted revenues.................. 6,245,200
State general fund/general purpose..................... $ 154,001,700
State general fund/general purpose schedule:
Ongoing state general fund/general
purpose.................................. 154,001,700
One-time state general fund/general
purpose............................................ 0
(2) LEGISLATURE
Senate................................................. $ 34,523,700
Senate automated data processing....................... 2,500,000
Senate fiscal agency................................... 3,779,600
House of representatives............................... 53,095,900
House automated data processing........................ 2,200,000
House fiscal agency.................................... 3,779,600
GROSS APPROPRIATION.................................... $ 99,878,800
Appropriated from:
State general fund/general purpose..................... $ 99,878,800
(3) LEGISLATIVE COUNCIL
Legislative council.................................... $ 11,981,200
Legislative service bureau automated data processing... 1,426,600
Criminal justice data collection and management
program.............................................. 1,500,000
Worker's compensation.................................. 151,400
National association dues.............................. 454,700
Legislative corrections ombudsman...................... 729,200
GROSS APPROPRIATION.................................... $ 16,243,100
Appropriated from:
Special revenue funds:
Private - gifts and bequests revenues.................. 400,000
State general fund/general purpose..................... $ 15,843,100
(4) LEGISLATIVE RETIREMENT SYSTEM
General nonretirement expenses......................... $ 4,962,800
GROSS APPROPRIATION.................................... $ 4,962,800
Appropriated from:
Special revenue funds:
Court fees............................................. 1,154,600
State general fund/general purpose..................... $ 3,808,200
(5) PROPERTY MANAGEMENT
Cora Anderson building................................. $ 11,426,700
Farnum building and other properties................... 2,851,800
GROSS APPROPRIATION.................................... $ 14,278,500
Appropriated from:
State general fund/general purpose..................... $ 14,278,500
(6) STATE CAPITOL HISTORIC SITE
General operations..................................... $ 4,269,200
Restoration, renewal and maintenance................... 3,121,200
GROSS APPROPRIATION.................................... $ 7,390,400
Appropriated from:
Special revenue funds:
Capitol historic site fund............................. 3,121,200
State general fund/general purpose..................... $ 4,269,200
(7) OFFICE OF THE AUDITOR GENERAL
Unclassified positions................................. $ 329,400
Field operations....................................... 23,122,500
GROSS APPROPRIATION.................................... $ 23,451,900
Appropriated from:
Interdepartmental grant revenues:
IDG from MDLARA, liquor purchase revolving fund........ 28,700
IDG from MDHHS, human services......................... 30,600
IDG from legislative retirement system................. 29,200
IDG from MDOT, comprehensive transportation fund....... 39,000
IDG from MDOT, Michigan transportation fund............ 315,800
IDG from MDOT, state aeronautics fund.................. 30,300
IDG from MDOT, state trunkline fund.................... 733,500
IDG, single audit act.................................. 2,913,100
IDG, commercial mobile radio system emergency
telephone fund....................................... 36,800
IDG, contract audit administration fees................ 41,400
IDG, deferred compensation funds....................... 54,400
IDG, Michigan finance authority........................ 330,800
IDG, Michigan economic development corporation......... 96,300
IDG, Michigan education trust fund..................... 70,800
IDG, Michigan justice training commission fund......... 40,900
IDG, Michigan strategic fund........................... 169,100
IDG, office of retirement services..................... 218,400
IDG, other restricted funding sources.................. 379,500
Special revenue funds:
21st century jobs fund................................. 96,300
Brownfield development fund............................ 28,100
Clean Michigan initiative implementation bond fund..... 54,500
Game and fish protection fund.......................... 31,300
MDTMB, civil service commission........................ 166,200
Michigan state housing development authority fees...... 113,500
Michigan veterans' trust fund.......................... 35,500
Motor transport revolving fund......................... 7,400
Office services revolving fund......................... 10,000
State disbursement unit, office of child support....... 57,400
State services fee fund................................ 1,357,900
Waterways fund......................................... 11,300
State general fund/general purpose..................... $ 15,923,900
Sec. 106. DEPARTMENT OF STATE
(1) APPROPRIATION SUMMARY
Full-time equated unclassified positions.......... 6.0
Full-time equated classified positions........ 1,587.0
GROSS APPROPRIATION.................................... $ 238,915,600
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 20,000,000
ADJUSTED GROSS APPROPRIATION........................... $ 218,915,600
Federal revenues:
Total federal revenues................................. 1,460,000
Special revenue funds:
Total local revenues................................... 0
Total private revenues................................. 100
Total other state restricted revenues.................. 190,345,900
State general fund/general purpose..................... $ 27,109,600
State general fund/general purpose schedule:
Ongoing state general fund/general
purpose................................... 17,109,600
One-time state general fund/general
purpose................................... 10,000,000
(2) EXECUTIVE DIRECTION
Full-time equated classified positions........... 30.0
Secretary of state..................................... $ 112,500
Unclassified positions--5.0 FTE positions.............. 628,800
Operations--30.0 FTE positions......................... 4,567,200
GROSS APPROPRIATION.................................... $ 5,308,500
Appropriated from:
Special revenue funds:
Auto repair facilities fees............................ 68,700
Children's protection registry fund.................... 270,700
Driver fees............................................ 276,000
Enhanced driver license and enhanced official state
personal identification card fund.................... 216,700
Expedient service fees................................. 66,300
Parking ticket court fines............................. 9,200
Personal identification card fees...................... 32,300
Reinstatement fees - operator licenses................. 248,900
Transportation administration collection fund.......... 2,499,800
Vehicle theft prevention fees.......................... 40,400
State general fund/general purpose..................... $ 1,579,500
(3) DEPARTMENT SERVICES
Full-time equated classified positions.......... 117.0
Operations--117.0 FTE positions........................ $ 25,315,100
GROSS APPROPRIATION.................................... $ 25,315,100
Appropriated from:
Special revenue funds:
Abandoned vehicle fees................................. 481,100
Driver fees............................................ 731,000
Driver improvement course fund......................... 308,600
Enhanced driver license and enhanced official state
personal identification card fund.................... 329,400
Expedient service fees................................. 273,600
Marine safety fund..................................... 85,200
Personal identification card fees...................... 193,700
Reinstatement fees - operator licenses................. 537,700
Scrap tire fund........................................ 78,100
Transportation administration collection fund.......... 21,714,300
State general fund/general purpose..................... $ 582,400
(4) LEGAL SERVICES
Full-time equated classified positions........... 83.0
Operations--83.0 FTE positions......................... $ 14,501,500
GROSS APPROPRIATION.................................... $ 14,501,500
Appropriated from:
Special revenue funds:
Auto repair facilities fees............................ 3,363,800
Driver education provider and instructor fund.......... 25,400
Driver fees............................................ 2,193,800
Driver responsibility fees............................. 1,000,000
Enhanced driver license and enhanced official state
personal identification card fund.................... 504,900
Personal identification card fees...................... 61,700
Reinstatement fees - operator licenses................. 1,463,900
Transportation administration collection fund.......... 4,311,100
Vehicle theft prevention fees.......................... 1,092,600
State general fund/general purpose..................... $ 484,300
(5) CUSTOMER DELIVERY SERVICES
Full-time equated classified positions........ 1,312.0
Branch operations--922.0 FTE positions................. $ 85,709,100
Central operations--388.0 FTE positions................ 50,115,300
Motorcycle safety education administration--2.0 FTE
positions............................................ 335,500
Motorcycle safety education grants..................... 1,800,000
Credit and debit assessment services................... 6,000,000
Organ donor program.................................... 129,100
GROSS APPROPRIATION.................................... $ 144,089,000
Appropriated from:
Interdepartmental grant revenues:
IDG from MDOT, Michigan transportation fund............ 20,000,000
Federal revenues:
Federal funds.......................................... 1,460,000
Special revenue funds:
Private funds.......................................... 100
Abandoned vehicle fees................................. 204,500
Auto repair facilities fees............................ 910,400
Child support clearance fees........................... 363,600
Credit and debit assessment service fees............... 6,000,000
Driver education provider and instructor fund.......... 49,600
Driver fees............................................ 25,355,100
Driver improvement course fund......................... 1,246,200
Enhanced driver license and enhanced official state
personal identification card fund.................... 9,021,200
Expedient service fees................................. 2,603,600
Marine safety fund..................................... 1,420,400
Michigan state police auto theft fund.................. 123,700
Mobile home commission fees............................ 507,500
Motorcycle safety fund................................. 1,835,500
Off-road vehicle title fees............................ 170,400
Parking ticket court fines............................. 1,629,800
Personal identification card fees...................... 2,319,700
Recreation passport fee................................ 1,000,000
Reinstatement fees - operator licenses................. 2,358,000
Snowmobile registration fee revenue.................... 390,000
Thomas Daley gift of life fund......................... 50,000
Transportation administration collection fund.......... 60,920,300
Vehicle theft prevention fees.......................... 742,200
State general fund/general purpose..................... $ 3,407,200
(6) ELECTION REGULATION
Full-time equated classified positions........... 45.0
Election administration and services--45.0 FTE
positions............................................ $ 7,169,100
County clerk education and training fund............... 100,000
Fees to local units.................................... 109,800
GROSS APPROPRIATION.................................... $ 7,378,900
Appropriated from:
Special revenue funds:
Notary education and training fund..................... 100,000
Notary fee fund........................................ 343,500
State general fund/general purpose..................... $ 6,935,400
(7) DEPARTMENTWIDE APPROPRIATIONS
Building occupancy charges/rent........................ $ 9,792,000
Worker's compensation.................................. 254,400
GROSS APPROPRIATION.................................... $ 10,046,400
Appropriated from:
Special revenue funds:
Auto repair facilities fees............................ 133,200
Driver fees............................................ 708,800
Enhanced driver license and enhanced official state
personal identification card fund.................... 326,000
Parking ticket court fines............................. 441,500
Transportation administration collection fund.......... 5,904,200
State general fund/general purpose..................... $ 2,532,700
(8) INFORMATION TECHNOLOGY
Information technology services and projects........... $ 22,276,200
GROSS APPROPRIATION.................................... $ 22,276,200
Senate Bill No. 800 as amended May 4, 2016
Appropriated from:
Special revenue funds:
Administrative order processing fee.................... 11,700
Auto repair facilities fees............................ 129,300
Driver fees............................................ 787,400
Enhanced driver license and enhanced official state
personal identification card fund.................... 327,500
Expedient service fees................................. 1,085,100
Parking ticket court fines............................. 89,000
Personal identification card fees...................... 173,300
Reinstatement fees - operator licenses................. 592,300
Transportation administration collection fund.......... 17,311,500
Vehicle theft prevention fees.......................... 181,000
State general fund/general purpose..................... $ 1,588,100
(9) ONE-TIME BASIS ONLY APPROPRIATIONS
Election administration and services................... $ 10,000,000
GROSS APPROPRIATION.................................... $ 10,000,000
Appropriated from:
Special revenue funds:
State general fund/general purpose..................... $ 10,000,000
Sec. 107. DEPARTMENT OF TALENT AND ECONOMIC
DEVELOPMENT
(1) APPROPRIATION SUMMARY
Full-time equated unclassified positions.......... 6.0
Full-time equated classified positions........ 1,609.0
GROSS APPROPRIATION.................................... $ <<1,141,680,500>>
Senate Bill No. 800 as amended May 4, 2016
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 0
ADJUSTED GROSS APPROPRIATION........................... $ <<1,141,680,500>>
Federal revenues:
Total federal revenues................................. 773,944,800
Special revenue funds:
Total local revenues................................... 500,000
Total private revenues................................. 5,619,000
Total other state restricted revenues.................. 192,341,600
State general fund/general purpose..................... $ <<169,275,100>>
State general fund/general purpose schedule:
Ongoing state general fund/general
purpose.................................. 152,888,900
One-time state general fund/general
purpose............................... <<16,386,200>>
(2) EXECUTIVE DIRECTION
Full-time equated unclassified positions.......... 6.0
Full-time equated classified positions............ 1.0
Unclassified positions--6.0 FTE positions.............. $ 897,400
Executive direction and operations--1.0 FTE position... 812,900
GROSS APPROPRIATION.................................... $ 1,710,300
Appropriated from:
Federal revenues:
DOL, federal funds..................................... 247,600
DOL, unemployment insurance............................ 931,600
Special revenue funds:
Michigan state housing development authority fees
and charges.......................................... 400,800
State general fund/general purpose..................... $ 130,300
(3) MICHIGAN STRATEGIC FUND
Full-time equated classified positions.......... 194.0
Administrative services--34.0 FTE positions............ $ 5,743,600
Job creation services--160.0 FTE positions............. 22,198,400
Pure Michigan.......................................... 34,000,000
Entrepreneurship ecosystem............................. 19,400,000
Business attraction and community revitalization....... 102,500,000
Community development block grants..................... 47,000,000
Arts and cultural program.............................. 10,150,000
Community college skilled trades equipment program..... 4,600,000
Facility for rare isotope beams........................ 7,300,000
GROSS APPROPRIATION.................................... $ 252,892,000
Appropriated from:
Federal revenues:
DOL, unemployment insurance............................ 287,000
DOL, federal funds..................................... 2,326,300
NFAH-NEA, promotion of the arts, partnership
agreements........................................... 1,050,000
HUD-CPD, community development block grant............. 49,773,300
Special revenue funds:
Private - special project advances..................... 250,000
Private - Michigan council for the arts fund........... 100,000
Industry support fees.................................. 5,500
Michigan promotion fund................................ 400,000
MSHDA fees and charges................................. 4,609,000
21st century jobs trust fund........................... 75,000,000
State general fund/general purpose..................... $ 119,090,900
(4) TALENT INVESTMENT AGENCY
Full-time equated classified positions........ 1,092.0
Executive direction--7.0 FTE positions................. $ 1,175,600
Work opportunity program............................... 500,000
Community ventures--7.0 FTE positions.................. 9,800,000
Workforce program administration--225.0 FTE positions.. 33,169,900
Workforce development programs......................... 387,022,900
Skilled trades training program........................ 35,600,000
Unemployment insurance agency--853.0 FTE positions..... 139,065,500
Information technology services and projects........... 22,501,000
GROSS APPROPRIATION.................................... $ 628,834,900
Appropriated from:
Federal revenues:
DOL-ETA unemployment insurance......................... 139,457,500
DAG, employment and training........................... 3,499,400
DED-OESE, GEAR-UP...................................... 4,730,700
DED-OVAE, adult education.............................. 20,000,000
DED-OVAE, basic grants to states....................... 19,000,000
DOL-ETA, workforce investment act...................... 173,988,600
DOL, federal funds..................................... 109,353,800
Federal funds.......................................... 5,940,200
Social security act, temporary assistance to needy
families............................................. 70,698,800
Special revenue funds:
Local revenues......................................... 500,000
Private funds.......................................... 5,269,000
Contingent fund, penalty and interest.................. 46,535,300
Default loan collection................................ 152,500
State general fund/general purpose..................... $ 29,709,100
(5) LAND BANK FAST TRACK AUTHORITY
Full-time equated classified positions............ 6.0
Land bank fast track authority--6.0 FTE positions...... $ 5,256,400
GROSS APPROPRIATION.................................... $ 5,256,400
Appropriated from:
Federal revenues:
Federal funds.......................................... 1,000,000
Special revenue funds:
Land bank fast track fund.............................. 297,800
State general fund/general purpose..................... $ 3,958,600
(6) MICHIGAN STATE HOUSING DEVELOPMENT AUTHORITY
Full-time equated classified positions.......... 316.0
Payments on behalf of tenants.......................... $ 166,860,000
Housing and rental assistance--316.0 FTE positions..... 51,248,200
Lighthouse preservation program........................ 307,500
Rent and administrative support........................ 3,721,000
Michigan state housing development authority
technology services and projects..................... 3,585,500
GROSS APPROPRIATION.................................... $ 225,722,200
Appropriated from:
Federal revenues:
HUD, lower income housing assistance................... 166,860,000
Senate Bill No. 800 as amended May 4, 2016
Special revenue funds:
Michigan state housing development authority fees
and charges.......................................... 58,554,700
Michigan lighthouse preservation fund.................. 307,500
State general fund/general purpose..................... $ 0
(7) ONE-TIME BASIS ONLY APPROPRIATIONS
Business attraction and community revitalization....... $ 13,000,000
Community ventures - challenge match................... 1,000,000
Statewide data system integration...................... 8,778,500
Special grants......................................... <<4,486,000>>
Smart zone grant....................................... 100
<<Kalamazoo valley community college - healthy
living campus........................................ 100>>
GROSS APPROPRIATION.................................... $ <<27,264,700>>
Appropriated from:
Federal revenues:
Federal funds.......................................... 4,800,000
Special revenue funds:
State restricted funds................................. 6,078,500
State general fund/general purpose..................... $ <<16,386,200>>
Sec. 108. DEPARTMENT OF TECHNOLOGY, MANAGEMENT, AND
BUDGET
(1) APPROPRIATION SUMMARY
Full-time equated unclassified positions.......... 6.0
Full-time equated classified positions........ 2,862.0
GROSS APPROPRIATION.................................... $ <<1,316,141,300>>
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
Senate Bill No. 800 as amended May 4, 2016
transfers............................................ 694,054,100
ADJUSTED GROSS APPROPRIATION........................... $ <<622,087,200>>
Federal revenues:
Total federal revenues................................. 4,958,200
Special revenue funds:
Total local revenues................................... 2,320,000
Total private revenues................................. 0
Total other state restricted revenues.................. 114,340,800
State general fund/general purpose..................... $ <<500,468,200>>
State general fund/general purpose schedule:
Ongoing state general fund/general
purpose.................................. 470,968,100
One-time state general fund/general
purpose................................... 29,500,000
(2) EXECUTIVE DIRECTION
Full-time equated unclassified positions.......... 6.0
Full-time equated classified positions........... 12.0
Unclassified positions--6.0 FTE positions.............. $ 1,001,400
Executive operations--12.0 FTE positions............... 2,376,000
GROSS APPROPRIATION.................................... $ 3,377,400
Appropriated from:
Interdepartmental grant revenues:
IDG from building occupancy and parking charges........ 249,700
IDG from technology user fees.......................... 2,074,400
Special revenue funds:
Special revenue, internal service, and pension trust
funds................................................ 289,200
State general fund/general purpose..................... $ 764,100
(3) DEPARTMENT SERVICES
Full-time equated classified positions.......... 720.5
Administrative services--138.5 FTE positions........... $ 20,389,400
Budget and financial management--135.0 FTE positions... 17,913,100
Office of the state employer--23.0 FTE positions....... 3,417,300
Design and construction services--40.0 FTE positions... 6,477,000
Business support services--97.0 FTE positions.......... 11,469,600
Building operation services--210.0 FTE positions....... 92,416,200
Building occupancy charges, rent, and utilities........ 7,494,200
Motor vehicle fleet--35.0 FTE positions................ 74,260,100
Information technology services and projects........... 32,630,500
Bureau of labor market information and
strategies--42.0 FTE positions....................... 5,475,100
GROSS APPROPRIATION.................................... $ 271,942,500
Appropriated from:
Interdepartmental grant revenues:
IDG from accounting service centers user charges....... 2,698,000
IDG from building occupancy and parking charges........ 94,647,900
IDG from MDLARA........................................ 100,000
IDG from motor transport fund.......................... 74,260,100
IDG from MDHHS, community health....................... 484,500
IDG from MDHHS, human services......................... 215,400
IDG from user fees..................................... 6,754,000
IDG from technology user fees.......................... 7,658,600
Federal revenues:
Federal funds.......................................... 4,958,200
Special revenue funds:
Local - MPSCS subscriber and maintenance fees.......... 61,700
Local revenues......................................... 35,000
Deferred compensation.................................. 2,600
Health management funds................................ 2,257,200
MAIN user charges...................................... 4,337,600
Pension trust funds.................................... 10,082,000
Special revenue, internal service, and pension trust
funds................................................ 17,168,300
Other agency charges................................... 1,178,700
State restricted indirect funds........................ 3,392,200
State general fund/general purpose..................... $ 41,650,500
(4) TECHNOLOGY SERVICES
Full-time equated classified positions........ 1,487.5
Education services--29.0 FTE positions................. $ 4,106,500
Health and human services--617.5 FTE positions......... 291,972,300
Public protection--154.5 FTE positions................. 55,832,600
Resources services--146.5 FTE positions................ 20,283,500
Transportation services--89.5 FTE positions............ 31,739,300
General services--331.5 FTE positions.................. 98,027,300
Enterprisewide information technology investments...... 65,000,000
Homeland security initiative/cyber security--13.0
FTE positions........................................ 14,118,200
Michigan public safety communications system--100.0
FTE positions........................................ 40,094,800
Enterprise identity management--6.0 FTE positions...... 6,700,000
GROSS APPROPRIATION.................................... $ 627,874,500
Senate Bill No. 800 as amended May 4, 2016
Appropriated from:
Interdepartmental grant revenues:
IDG from technology user fees.......................... 501,961,500
Special revenue funds:
Local - MPSCS subscriber and maintenance fees.......... 2,223,300
State general fund/general purpose..................... $ 123,689,700
(5) STATEWIDE APPROPRIATIONS
Professional development fund - NEREs.................. $ 250,000
Professional development fund - UAW.................... 700,000
GROSS APPROPRIATION.................................... $ 950,000
Appropriated from:
Interdepartmental grant revenues:
IDG from employer contributions........................ 950,000
State general fund/general purpose..................... $ 0
(6) SPECIAL PROGRAMS
Full-time equated classified positions.......... 192.0
Building occupancy charges - property management
services for executive/legislative building
occupancy............................................ $ 1,154,500
Retirement services--167.0 FTE positions............... 28,724,900
Public safety officers survivor benefits program....... 58,000
Office of children's ombudsman--14.0 FTE positions..... 1,801,600
Public private partnership............................. 1,500,000
School reform office operations--11.0 FTE
positions............................................ 2,318,300
Regional property grants............................... 100
<<Office of urban initiatives.......................... 100>>
GROSS APPROPRIATION.................................... $ <<35,557,500>>
Senate Bill No. 800 as amended May 4, 2016
Appropriated from:
Special revenue funds:
Deferred compensation.................................. 2,800,000
Pension trust funds.................................... 20,548,100
Public private partnership investment fund............. 1,500,000
State general fund/general purpose..................... $ <<10,709,400>>
(7) STATE BUILDING AUTHORITY RENT
State building authority rent - state agencies......... $ 49,665,800
State building authority rent - department of
corrections.......................................... 21,029,900
State building authority rent - universities........... 144,995,300
State building authority rent - community colleges..... 30,879,600
GROSS APPROPRIATION.................................... $ 246,570,600
Appropriated from:
State general fund/general purpose..................... $ 246,570,600
(8) CIVIL SERVICE COMMISSION
Full-time equated classified positions.......... 450.0
Agency services--74.0 FTE positions.................... $ 13,103,100
Executive direction--40.0 FTE positions................ 8,894,300
Employee benefits--16.0 FTE positions.................. 5,704,000
Human resources operations--320.0 FTE positions........ 38,463,100
Information technology services and projects........... 3,354,300
GROSS APPROPRIATION.................................... $ 69,518,800
Appropriated from:
Interdepartmental grant revenues:
Federal revenues:
Special revenue funds:
State restricted funds 1%.............................. 30,702,500
State restricted indirect funds........................ 8,592,200
State sponsored group insurance........................ 8,640,200
State general fund/general purpose..................... $ 21,583,900
(9) CAPITAL OUTLAY
Major special maintenance, remodeling, and additions
for state agencies................................... $ 2,000,000
Enterprisewide special maintenance for state
facilities........................................... 26,000,000
GROSS APPROPRIATION.................................... $ 28,000,000
Appropriated from:
Interdepartmental grant revenues:
IDG from building occupancy charges.................... 2,000,000
State general fund/general purpose..................... $ 26,000,000
(10) ONE-TIME BASIS ONLY APPROPRIATIONS
Capitol area reconfiguration project................... $ 7,500,000
ITIF one-time augmentation............................. 7,000,000
Enterprisewide special maintenance for state
facilities........................................... 10,000,000
ORS IT modernization and enterprise mandates........... 2,850,000
Legal services......................................... 5,000,000
GROSS APPROPRIATION.................................... $ 32,350,000
Appropriated from:
Special revenue funds:
Pension trust funds.................................... 2,850,000
State general fund/general purpose..................... $ 29,500,000
Senate Bill No. 800 as amended May 4, 2016
Sec. 109. DEPARTMENT OF TREASURY
(1) APPROPRIATION SUMMARY
Full-time equated unclassified positions......... 10.0
Full-time equated classified positions........ 1,906.5
GROSS APPROPRIATION.................................... $ <<1,911,933,900>>
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 11,262,300
ADJUSTED GROSS APPROPRIATION........................... $ <<1,900,731,600>>
Federal revenues:
Total federal revenue.................................. 39,920,800
Special revenue funds:
Total local revenues................................... 9,201,000
Total private revenues................................. 26,700
Total other state restricted revenues.................. 1,615,890,800
State general fund/general purpose..................... $ <<235,692,300>>
State general fund/general purpose schedule:
Ongoing state general fund/general
purpose.............................. <<231,603,400>>
One-time state general fund/general
purpose.................................... 4,088,900
(2) EXECUTIVE DIRECTION
Full-time equated unclassified positions......... 10.0
Full-time equated classified positions........... 52.0
Unclassified positions--10.0 FTE positions............. $ 995,500
Executive direction and operations--52.0 FTE positions. 9,328,400
GROSS APPROPRIATION.................................... $ 10,323,900
Senate Bill No. 800 as amended May 4, 2016
Appropriated from:
Federal revenues:
DED-OPSE, federal lenders allowance.................... 20,000
DED-OPSE, higher education act of 1965, insured loans.. 45,000
Special revenue funds:
Local - city income tax fund........................... 101,900
Delinquent tax collection revenue...................... 2,159,800
State lottery fund..................................... 288,700
State services fee fund................................ 328,200
State general fund/general purpose..................... $ 7,380,300
(3) LOCAL GOVERNMENT PROGRAMS
Full-time equated classified positions.......... 111.0
Supervision of the general property tax law--86.0
FTE positions........................................ $ 14,590,200
Property tax assessor training--4.0 FTE positions...... 1,040,400
Local finance--21.0 FTE positions...................... 2,607,000
<<Financial data analytical tool reimbursement......... 100>>
GROSS APPROPRIATION.................................... $ <<18,237,700>>
Appropriated from:
Special revenue funds:
Local - assessor training fees......................... 1,040,400
Local - audit charges.................................. 825,800
Local - equalization study chargebacks................. 40,000
Local - revenue from local government.................. 100,000
Delinquent tax collection revenue...................... 1,514,700
Land reutilization fund................................ 2,044,000
Municipal finance fees................................. 544,900
State general fund/general purpose..................... $ <<12,127,900>>
(4) DEPARTMENTWIDE APPROPRIATIONS
Rent and building occupancy charges - property
management services.................................. $ 6,047,400
Worker's compensation insurance premium................ 36,400
GROSS APPROPRIATION.................................... $ 6,083,800
Appropriated from:
Special revenue funds:
Delinquent tax collection revenue...................... 2,890,600
State general fund/general purpose..................... $ 3,193,200
(5) TAX PROGRAMS
Full-time equated classified positions.......... 774.0
Tax compliance--340.0 FTE positions.................... $ 45,075,300
Tax and economic policy--75.0 FTE positions............ 11,570,600
Tax processing--331.0 FTE positions.................... 37,376,900
Health insurance claims fund--15.0 FTE positions....... 2,070,500
Home heating assistance................................ 3,086,200
Bottle act implementation.............................. 250,000
Tobacco tax enforcement--13.0 FTE positions............ 1,509,100
GROSS APPROPRIATION.................................... $ 100,938,600
Appropriated from:
Interdepartmental grant revenues:
IDG from MDOT, Michigan transportation fund............ 2,284,100
IDG from MDOT, state aeronautics fund.................. 72,200
Federal revenues:
HHS-SSA, low-income energy assistance.................. 3,086,200
Special revenue funds:
Bottle deposit fund.................................... 250,000
Delinquent tax collection revenue...................... 70,557,200
Emergency 911 fund..................................... 158,700
Health insurance claims assessment fund................ 2,070,500
Tobacco tax revenue.................................... 4,109,300
Waterways fund......................................... 107,100
State general fund/general purpose..................... $ 18,243,300
(6) FINANCIAL AND ADMINISTRATIVE SERVICES
Full-time equated classified positions.......... 381.0
Departmental services--88.0 FTE positions.............. $ 9,180,500
Unclaimed property--29.0 FTE positions................. 4,835,300
Office of collections--202.0 FTE positions............. 26,255,100
Office of accounting services--24.0 FTE positions...... 2,491,400
Office of financial services--38.0 FTE positions....... 4,478,500
GROSS APPROPRIATION.................................... $ 47,240,800
Appropriated from:
Interdepartmental grant revenues:
IDG from accounting service center user charges........ 494,500
IDG from MDHHS, human, title IV-D...................... 776,000
IDG, levy/warrant cost assessment fees................. 2,335,000
IDG, state agency collection fees...................... 4,353,400
IDG, data/collection services fees..................... 336,600
Special revenue funds:
Delinquent tax collection revenue...................... 27,387,100
Escheats revenue....................................... 4,835,300
Garnishment fees....................................... 2,638,600
Justice system fund.................................... 428,100
State restricted indirect funds........................ 278,600
Treasury fees.......................................... 47,200
State general fund/general purpose..................... $ 3,330,400
(7) FINANCIAL PROGRAMS
Full-time equated classified positions.......... 210.5
Investments--82.0 FTE positions........................ $ 20,594,200
John R. Justice grant program.......................... 288,100
Common cash and debt management--21.5 FTE positions.... 1,666,200
Dual enrollment payments............................... 1,507,600
Student financial assistance programs--25.5 FTE
positions............................................ 2,683,300
Michigan finance authority - bond finance
programs--72.5 FTE positions......................... 38,856,600
Financial independence team--9.0 FTE positions......... 3,729,500
GROSS APPROPRIATION.................................... $ 69,325,500
Appropriated from:
Interdepartmental grant revenues:
IDG, fiscal agent service fees......................... 210,500
Federal revenues:
DED-OPSE, federal lenders allowance.................... 10,686,100
DED-OPSE, higher education act of 1965, insured loans.. 25,169,600
Federal - John R. Justice grant........................ 288,100
Special revenue funds:
Defined contribution administrative fee revenue........ 100,000
MFA, bond and loan program revenue..................... 2,944,600
Michigan merit award trust fund........................ 1,163,800
Retirement funds....................................... 19,016,000
School bond fees....................................... 854,300
Treasury fees ....................................... 1,694,600
State general fund/general purpose..................... $ 7,197,900
(8) DEBT SERVICE
Quality of life bond................................... $ 28,687,000
Clean Michigan initiative.............................. 89,477,000
Great Lakes water quality bond......................... 18,873,000
GROSS APPROPRIATION.................................... $ 137,037,000
Appropriated from:
Special revenue funds:
State general fund/general purpose..................... $ 137,037,000
(9) GRANTS
Convention facility development distribution........... $ 90,950,000
Senior citizen cooperative housing tax exemption
program.............................................. 10,520,000
Emergency 911 payments................................. 27,000,000
Health and safety fund grants.......................... 9,000,000
GROSS APPROPRIATION.................................... $ 137,470,000
Appropriated from:
Special revenue funds:
Emergency 911 fund..................................... 27,000,000
Convention facility development fund................... 90,950,000
Health and safety fund................................. 9,000,000
State general fund/general purpose..................... $ 10,520,000
(10) BUREAU OF STATE LOTTERY
Full-time equated classified positions.......... 183.0
Lottery operations--183.0 FTE positions................ $ 24,760,300
Lottery information technology services and projects... 5,239,600
GROSS APPROPRIATION.................................... $ 29,999,900
Appropriated from:
Special revenue funds:
State lottery fund..................................... 29,999,900
State general fund/general purpose..................... $ 0
(11) CASINO GAMING
Full-time equated classified positions.......... 142.0
Michigan gaming control board.......................... $ 50,000
Casino gaming control administration--132.0 FTE
positions............................................ 26,196,700
Casino gaming information technology services and
projects............................................. 2,012,700
Racing commission--10.0 FTE positions.................. 2,462,600
GROSS APPROPRIATION.................................... $ 30,722,000
Appropriated from:
Special revenue funds:
Casino gambling agreements............................. 942,700
Equine development fund................................ 2,085,300
Laboratory fees........................................ 700,000
State services fee fund................................ 26,994,000
State general fund/general purpose..................... $ 0
(12) PAYMENTS IN LIEU OF TAXES
Commercial forest reserve.............................. $ 3,368,100
Purchased lands........................................ 8,425,100
Swamp and tax reverted lands........................... 15,605,600
GROSS APPROPRIATION.................................... $ 27,398,800
Appropriated from:
Special revenue funds:
Private funds.......................................... 26,700
Game and fish protection fund.......................... 2,919,700
Michigan natural resources trust fund.................. 2,004,600
Michigan state waterways fund.......................... 253,200
State general fund/general purpose..................... $ 22,194,600
(13) REVENUE SHARING
Constitutional state general revenue sharing grants.... $ 781,501,400
City, village, and township revenue sharing............ 244,536,600
County incentive program............................... 43,894,200
County revenue sharing................................. 175,576,700
Financially distressed cities, villages, or townships.. 5,000,000
GROSS APPROPRIATION.................................... $ 1,250,508,900
Appropriated from:
Sales tax.............................................. 1,250,508,900
State general fund/general purpose..................... $ 0
(14) STATE BUILDING AUTHORITY
Full-time equated classified positions............ 4.0
State building authority--4.0 FTE positions............ $ 725,200
GROSS APPROPRIATION.................................... $ 725,200
Appropriated from:
Special revenue funds:
State building authority revenue....................... 725,200
State general fund/general purpose..................... $ 0
(15) CITY INCOME TAX ADMINISTRATION PROGRAM
Full-time equated classified positions........... 49.0
City income tax administration--49.0 FTE positions..... $ 5,879,100
GROSS APPROPRIATION.................................... $ 5,879,100
Appropriated from:
Local revenue funds:
Local - city income tax fund........................... 5,879,100
State general fund/general purpose..................... $ 0
(16) INFORMATION TECHNOLOGY
Treasury operations information technology services
and projects......................................... $ 30,813,800
GROSS APPROPRIATION.................................... $ 30,813,800
Appropriated from:
Interdepartmental grant revenues:
IDG from MDOT, Michigan transportation fund............ 400,000
Federal revenues:
DED-OPSE, federal lenders allowance.................... 625,800
Special revenue funds:
Local - city income tax fund........................... 1,213,800
Delinquent tax collection revenue...................... 17,300,100
Tobacco tax revenue.................................... 129,000
Retirement funds....................................... 766,300
State general fund/general purpose..................... $ 10,378,800
(17) ONE-TIME BASIS ONLY APPROPRIATIONS
City, village, and township revenue sharing............ $ 446,400
Voting machine replacement reimbursement............... 5,000,000
Free individual e-file................................. 2,842,500
Student loan delinquency pilot......................... 1,000,000
GROSS APPROPRIATION.................................... $ 9,288,900
Appropriated from:
Senate Bill No. 800 as amended May 4, 2016
Special revenue funds:
Sales tax.............................................. 5,200,000
State general fund/general purpose..................... $ 4,088,900
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
FOR FISCAL YEAR 2016-2017
GENERAL SECTIONS
Sec. 201. (1) 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 2016-2017 is
<<$3,279,788,400.00>> and state spending from state resources to be
paid to local units of government for fiscal year 2016-2017 is
$1,454,622,100.00. The itemized statement below identifies
appropriations from which spending to local units of government
will occur:
DEPARTMENT OF STATE
Fees to local units.................................... $ 109,800
Motorcycle safety grants............................... 1,101,500
Subtotal............................................... $ 1,211,300
DEPARTMENT OF TREASURY
Senior citizen cooperative housing tax exemption....... $ 10,520,000
Health and safety fund grants.......................... 9,000,000
Constitutional state general revenue sharing grants.... 781,501,400
City, village, and township revenue sharing............ 244,983,000
Convention facility development fund distribution...... 90,950,000
Emergency 9-1-1 payments............................... 23,800,000
Financially distressed cities, villages, or townships.. 5,000,000
County incentive program............................... 43,894,200
County revenue sharing payments........................ 175,576,700
Airport parking distribution pursuant to section 909... 24,601,900
Payments in lieu of taxes.............................. 27,398,800
Voting machine replacement reimbursement............... 5,000,000
Subtotal............................................... $ 1,442,226,000
DEPARTMENT OF TALENT AND ECONOMIC DEVELOPMENT
Welfare-to-work programs............................... $ 11,224,800
Subtotal............................................... $ 11,224,800
TOTAL GENERAL GOVERNMENT............................... $ 1,454,662,100
(2) Pursuant to section 30 of article IX of the state
constitution of 1963, total state spending from state sources for
fiscal year 2016-2017 is estimated at $31,097,900,800.00 in the
2016-2017 appropriations acts and total state spending from state
sources paid to local units of government for fiscal year 2016-2017
is estimated at $17,235,542,800.00. The state-local proportion is
estimated at 55.4% of total state spending from state resources.
(3) If payments to local units of government and state
spending from state sources for fiscal year 2016-2017 are different
than the amounts estimated in subsection (2), the state budget
director shall report the payments to local units of government and
state spending from state sources that were made for fiscal year
2016-2017 to the senate and house of representatives standing
committees on appropriations within 30 days after the final book-
closing for fiscal year 2016-2017.
Sec. 202. The appropriations authorized under this part and
part 1 are subject to the management and budget act, 1984 PA 431,
MCL 18.1101 to 18.1594.
Sec. 203. As used in this part and part 1:
(a) "ATM" means automated teller machine.
(b) "COBRA" means the consolidated omnibus budget
reconciliation act of 1985, Public Law 99-272, 100 Stat 82.
(c) "DAG" means the United States Department of Agriculture.
(d) "DED" means the United States Department of Education.
(e) "DED-OESE" means the DED Office of Elementary and
Secondary Education.
(f) "DED-OPSE" means the DED Office of Postsecondary
Education.
(g) "DED-OVAE" means the DED Office of Vocational and Adult
Education.
(h) "DOE-OEERE" means the United States Department of Energy,
Office of Energy Efficiency and Renewable Energy.
(i) "DOL" means the United States Department of Labor.
(j) "DOL-ETA" means the United States Department of Labor,
Employment and Training Administration.
(k) "EEOC" means the United States Equal Employment
Opportunity Commission.
(l) "FTE" means full-time equated.
(m) "Fund" means the Michigan strategic fund.
(n) "GEAR-UP" means gaining early awareness and readiness for
undergraduate programs.
(o) "GED" means a general educational development certificate.
(p) "GF/GP" means general fund/general purpose.
(q) "HHS" means the United States Department of Health and
Human Services.
(r) "HHS-OS" means the HHS Office of the Secretary.
(s) "HHS-SSA" means the HHS Social Security Administration.
(t) "HUD" means the United States Department of Housing and
Urban Development.
(u) "HUD-CPD" means the United States Department of Housing
and Urban Development - Community Planning and Development.
(v) "IDG" means interdepartmental grant.
(w) "JCOS" means the joint capital outlay subcommittee.
(x) "MAIN" means the Michigan administrative information
network.
(y) "MCL" means the Michigan Compiled Laws.
(z) "MDE" means the Michigan department of education.
(aa) "MDLARA" means the Michigan department of licensing and
regulatory affairs.
(bb) "MDEQ" means the Michigan department of environmental
quality.
(cc) "MDHHS" means the Michigan department of health and human
services.
(dd) "MDMVA" means the Michigan department of military and
veterans affairs.
(ee) "MDOT" means the Michigan department of transportation.
(ff) "MDSP" means the Michigan department of state police.
(gg) "MDTMB" means the Michigan department of technology,
management, and budget.
(hh) "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.
(ii) "MFA" means the Michigan finance authority.
(jj) "MPE" means the Michigan public employees.
(kk) "MSF" means the Michigan strategic fund.
(ll) "MSHDA" means the Michigan state housing development
authority.
(mm) "NERE" means nonexclusively represented employees.
(nn) "NFAH-NEA" means the National Foundation of the Arts and
the Humanities - National Endowment for the Arts.
(oo) "PA" means public act.
(pp) "PATH" means Partnership. Accountability. Training. Hope.
(qq) "Qualified employee" means an individual currently on
probation or parole under the department of corrections.
(rr) "Qualified job" means a full-time job created by the
employer or another full-time job previously held by another
employee who separated from employment voluntarily or for cause.
(ss) "RFP" means a request for a proposal.
(tt) "SEIU" means Service Employees International Union.
(uu) "WDA" means the workforce development agency.
(vv) "WIC" means women, infants, and children.
Senate Bill No. 800 as amended May 4, 2016
Sec. 206. The departments and agencies receiving
appropriations in part 1 shall cooperate with the department of
technology, management, and budget to maintain a searchable website
that is updated at least quarterly and that is accessible by the
public at no cost that includes, but is not limited to, all of the
following for each department or agency:
(a) Fiscal year-to-date expenditures by category.
(b) Fiscal year-to-date expenditures by appropriation unit.
(c) Fiscal year-to-date payments to a selected vendor,
including the vendor name, payment date, payment amount, and
payment description.
(d) The number of active department employees by job
classification.
(e) Job specifications and wage rates.
<< Sec. 207. Concurrent with submission of the fiscal year
2017-2018 executive budget recommendation, the state budget office
shall provide the senate and house appropriations committees, the
senate and house appropriations subcommittees on each state
department, and the senate and house fiscal agencies and policy
offices, with a report that lists each new program or program
enhancement for which funds in excess of $500,000.00 are appropriated
in part 1 of each departmental appropriation act. The listing of
new or enhanced programs shall be ranked in the order of estimated
return on taxpayer investment determined by the state budget office.
The program performance shall use program-specific metrics, in
addition to the metrics required under section 447 of the management
and budget act, 1984 PA 431, MCL 18.1447, to measure the return
Senate Bill No. 800 as amended May 4, 2016
on taxpayer investment. The state budget office shall use the
estimated performance of the new program or program enhancement as
the basis for any increase in funds appropriated from the prior
fiscal year. The state budget office shall provide a report on
each department's status in meeting the program specific metrics
and the progress in meeting the estimated return on taxpayer
investment for each program, by September 30 of the 2016-2017
fiscal year, to the senate and house appropriations committees,
the senate and house appropriations subcommittees on each state
department, and the senate and house fiscal agencies and policy
offices.
Sec. 208. The departments and agencies receiving
appropriations in part 1 shall use the Internet to fulfill the
reporting requirements of this part. This requirement may include
transmission of reports via electronic mail to the recipients
identified for each reporting requirement, or it may include
placement of reports on an Internet or Intranet site.
Sec. 209. 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. 210. The director of each department and agency receiving
appropriations in part 1 shall take all reasonable steps to ensure
businesses in deprived and depressed communities compete for and
perform contracts to provide services or supplies, or both. Each
director shall strongly encourage firms with which the department
contracts to subcontract with certified businesses in depressed and
deprived communities for services, supplies, or both.
Sec. 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:
2015 2016 2017
Michigan personal income (millions). $420,279 $438,771 $457,200
less: transfer payments........... 91,444 95,376 99,573
Subtotal ......................... $328,835 $343,395 $357,627
Divided by: Detroit Consumer Price
Index for 12 months ending June 30 2.195 2.204 2.248
Equals: real adjusted Michigan
personal income................... $149,811 $155,821 $159,097
Percentage change................... N/A 4.0% 2.1%
Growth rate in excess of 2%?........ N/A 2.0% 0.1%
Equals: countercyclical budget and
economic stabilization fund pay-in
calculation for the fiscal year ending
September 30, 2017 (millions)..... N/A $196.9 N/A
Growth rate less than 0%?........... N/A NO NO
Equals: countercyclical budget and
economic stabilization fund pay-out
calculation for the fiscal year ending
September 30, 2017 (millions)..... N/A N/A $0.0
(2) Notwithstanding subsection (1), there is appropriated for
the fiscal year ending September 30, 2017, from GF/GP revenue for
deposit into the countercyclical budget and economic stabilization
fund the sum of $0.
Sec. 212. The departments and agencies receiving
appropriations in part 1 shall receive and retain copies of all
reports funded from appropriations in part 1. Federal and state
guidelines for short-term and long-term retention of records shall
be followed. The department may electronically retain copies of
reports unless otherwise required by federal and state guidelines.
Sec. 213. Funds appropriated in part 1 shall not be used by
this state, a department, an agency, or an authority of this state
to purchase an ownership interest in a casino enterprise or a
gambling operation as those terms are defined in the Michigan
gaming control and revenue act, 1996 IL 1, MCL 432.201 to 432.226.
Sec. 215. A department or state agency shall not take
disciplinary action against an employee for communicating with a
member of the legislature or his or her staff.
Sec. 216. The departments and agencies receiving
appropriations in part 1 shall prepare a report on out-of-state
travel expenses not later than January 1 of each year. The travel
report shall be a listing of all travel by classified and
unclassified employees outside this state in the immediately
preceding fiscal year that was funded in whole or in part with
funds appropriated in the department's budget. The report shall be
submitted to the house and senate standing committees on
appropriations, the house and senate fiscal agencies, and the state
budget director. The report shall include the following
information:
(a) The dates of each travel occurrence.
(b) The total transportation and related costs of each travel
occurrence, including the proportion funded with state GF/GP
revenues, the proportion funded with state restricted revenues, the
proportion funded with federal revenues, and the proportion funded
with other revenues.
Sec. 219. The departments and agencies receiving
appropriations in part 1 shall maintain, on a publicly accessible
website, a department or agency scorecard that identifies, tracks,
and regularly updates key metrics that are used to monitor and
improve the department's or agency's performance.
Sec. 221. Each department and agency shall report no later
than April 1 on each specific policy change made to implement a
public act affecting the department that took effect during the
prior calendar year to the senate and house of representatives
standing committees on appropriations subcommittees on general
government, the joint committee on administrative rules, and the
senate and house fiscal agencies.
Sec. 226. Funds appropriated in part 1 shall not be used by a
principal executive department, state agency, or authority to hire
a person to provide legal services that are the responsibility of
the attorney general. This prohibition does not apply to legal
services for bonding activities and for those activities that the
attorney general authorizes.
Sec. 227. Within 14 days after the release of the executive
budget recommendation, the departments and agencies receiving
appropriations in part 1 shall cooperate with the state budget
director to provide the chairs of the senate and house of
representatives standing committees on appropriations, the chairs
of the senate and house of representatives standing committees on
appropriations subcommittees on general government, and the senate
and house fiscal agencies with an annual report on estimated state
restricted fund balances, state restricted fund projected revenues,
and state restricted fund expenditures for the fiscal years ending
September 30, 2016 and September 30, 2017.
Sec. 228. Not later than November 30, the state budget office
shall prepare and transmit a report that provides for estimates of
the total GF/GP appropriation lapses at the close of the prior
fiscal year. This report shall summarize the projected year-end
GF/GP appropriation lapses by major departmental program or program
areas. The report shall be transmitted to the chairpersons of the
senate and house of representatives standing committees on
appropriations and the senate and house fiscal agencies.
Sec. 229. If the office of the auditor general has identified
an initiative or made a recommendation that is related to savings
and efficiencies in an audit report for an executive branch
department or agency, the department or agency shall report within
6 months of the release of the audit on their efforts and progress
made toward achieving the savings and efficiencies identified in
the audit report. The report shall be submitted to the chairs of
the senate and house of representatives standing committees on
appropriations, the chairs of the senate and house of
representatives standing committees with jurisdiction over matters
relating to the department that is audited, and the senate and
house fiscal agencies.
Sec. 233. In addition to the GF/GP appropriations for special
maintenance, remodeling, and addition - state facilities in part 1,
there is also appropriated related federal and state restricted
funds up to the amounts that will be earned based upon the
initiatives undertaken with the funds in part 1. The state budget
director shall determine and authorize the appropriate manner for
implementing this section.
Sec. 234. In addition to the GF/GP appropriations for
enterprisewide information technology investments in part 1, there
is also appropriated related federal and state restricted funds up
to the amounts that will be earned based upon the initiatives
undertaken with the funds in part 1. The state budget director
shall determine and authorize the appropriate manner for
implementing this section.
Sec. 235. By April 1, the state budget director shall submit a
report to the senate and house appropriations committees and the
senate and house fiscal agencies. The report shall recommend a
contingency plan for each federal funding source included in the
state budget of $10,000,000.00 or more in the event that the
federal government reduces funding to the state through that source
by 10% or greater.
DEPARTMENT OF ATTORNEY GENERAL
Sec. 301. (1) In addition to the funds appropriated in part 1,
there is appropriated an amount not to exceed $1,500,000.00 for
federal contingency funds. These funds are not available for
expenditure until they have been transferred to another line item
in part 1 under section 393(2) of the management and budget act,
1984 PA 431, MCL 18.1393.
(2) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $1,500,000.00 for state
restricted contingency funds. These funds are not available for
expenditure until they have been transferred to another line item
in part 1 under section 393(2) of the management and budget act,
1984 PA 431, MCL 18.1393.
(3) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $100,000.00 for local
contingency funds. These funds are not available for expenditure
until they have been transferred to another line item in part 1
under section 393(2) of the management and budget act, 1984 PA 431,
MCL 18.1393.
(4) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $100,000.00 for private
contingency funds. These funds are not available for expenditure
until they have been transferred to another line item in part 1
under section 393(2) of the management and budget act, 1984 PA 431,
MCL 18.1393.
Sec. 302. (1) The attorney general shall perform all legal
services, including representation before courts and administrative
agencies rendering legal opinions and providing legal advice to a
principal executive department or state agency. A principal
executive department or state agency shall not employ or enter into
a contract with any other person for services described in this
section.
(2) The attorney general shall defend judges of all state
courts if a claim is made or a civil action is commenced for
injuries to persons or property caused by the judge through the
performance of the judge's duties while acting within the scope of
his or her authority as a judge.
(3) The attorney general shall perform the duties specified in
1846 RS 12, MCL 14.28 to 14.35, and 1919 PA 232, MCL 14.101 to
14.102, and as otherwise provided by law.
Sec. 303. The attorney general may sell copies of the biennial
report in excess of the 350 copies that the attorney general may
distribute on a gratis basis. Gratis copies shall not be provided
to members of the legislature. Electronic copies of biennial
reports shall be made available on the department of attorney
general's website. The attorney general shall sell copies of the
report at not less than the actual cost of the report and shall
deposit the money received into the general fund.
Sec. 304. The department of attorney general is responsible
for the legal representation for state of Michigan state employee
worker's disability compensation cases. The risk management
revolving fund revenue appropriation in part 1 is to be satisfied
by billings from the department of attorney general for the actual
costs of legal representation, including salaries and support
costs.
Sec. 305. In addition to the funds appropriated in part 1, not
more than $400,000.00 shall be reimbursed per fiscal year for food
stamp fraud cases heard by the third circuit court of Wayne County
that were initiated by the department of attorney general pursuant
to the existing contract between the department of health and human
services, the Prosecuting Attorneys Association of Michigan, and
the department of attorney general. The source of this funding is
money earned by the department of attorney general under the
agreement after the allowance for reimbursement to the department
of attorney general for costs associated with the prosecution of
food stamp fraud cases. It is recognized that the federal funds are
earned by the department of attorney general for its documented
progress on the prosecution of food stamp fraud cases according to
the United States Department of Agriculture regulations and that,
once earned by this state, the funds become state funds.
Sec. 306. Any proceeds from a lawsuit initiated by or
settlement agreement entered into on behalf of this state against a
manufacturer of tobacco products by the attorney general are state
funds and are subject to appropriation as provided by law.
Sec. 307. (1) In addition to the antitrust revenues in part 1,
antitrust, securities fraud, consumer protection or class action
enforcement revenues, or attorney fees recovered by the department,
not to exceed $250,000.00, are appropriated to the department for
antitrust, securities fraud, and consumer protection or class
action enforcement cases.
(2) Any unexpended funds from antitrust, securities fraud, or
consumer protection or class action enforcement revenues at the end
of the fiscal year, including antitrust funds in part 1, may be
carried forward for expenditure in the following fiscal year up to
the maximum authorization of $250,000.00.
Sec. 308. (1) In addition to the funds appropriated in part 1,
there is appropriated up to $1,500,000.00 from litigation expense
reimbursements awarded to the state.
(2) The funds may be expended for the payment of court
judgments, settlements, arbitration awards or other administrative
and litigation decisions, attorney fees, and litigation costs,
assessed against the office of the governor, the department of the
attorney general, the governor, or the attorney general when acting
in an official capacity as the named party in litigation against
the state. The funds may also be expended for the payment of state
costs incurred under section 16 of chapter X of the code of
criminal procedure, 1927 PA 175, MCL 770.16.
(3) Unexpended funds at the end of the fiscal year may be
carried forward for expenditure in the following year, up to a
maximum authorization of $1,500,000.00.
Sec. 309. From the prisoner reimbursement funds appropriated
in part 1, the department may spend up to $625,200.00 on activities
related to the state correctional facility reimbursement act, 1935
PA 253, MCL 800.401 to 800.406. In addition to the funds
appropriated in part 1, if the department collects in excess of
$1,131,000.00 in gross annual prisoner reimbursement receipts
provided to the general fund, the excess, up to a maximum of
$1,000,000.00, is appropriated to the department of attorney
general and may be spent on the representation of the department of
corrections and its officers, employees, and agents, including, but
not limited to, the defense of litigation against the state, its
departments, officers, employees, or agents in civil actions filed
by prisoners.
Sec. 310. (1) For the purposes of providing title IV-D child
support enforcement funding, the department of health and human
services, as the state IV-D agency, shall maintain a cooperative
agreement with the attorney general for federal IV-D funding to
support the child support enforcement activities within the office
of the attorney general.
(2) The attorney general or his or her designee shall, to the
extent allowable under federal law, have access to any information
used by the state to locate parents who fail to pay court-ordered
child support.
Sec. 312. The department of attorney general shall not receive
and expend funds in addition to those authorized in part 1 for
legal services provided specifically to other state departments or
agencies except for costs for expert witnesses, court costs, or
other nonsalary litigation expenses associated with a pending legal
action.
Sec. 313. From the funds appropriated in part 1 for attorney
general operations, the department shall allocate $600,000.00 for
the investigation and prosecution of mortgage fraud.
Sec. 314. From the lawsuits settlement proceeds fund in the
department of treasury, there is appropriated to the department of
attorney general up to $2,600,000.00 for fiscal year 2016-2017 to
be allocated for costs and associated expenses related to the
declaration of emergency due to drinking water contamination.
Sec. 314a. (1) From the funds appropriated in part 1 for
attorney general operations, the department of attorney general
shall allocate $700,000.00 for investigations, crime victim rights,
prosecutions, and appeals for retroactive juvenile life without
parole cases.
(2) The attorney general's office shall submit a detailed
expenditure report to the house and senate appropriations
subcommittees on general government and the judiciary, the senate
and house fiscal agencies, and the state budget director by
September 30 detailing how the funds provided in subsection (1)
were expended.
Sec. 315. Total authorized appropriations from all sources
under part 1 for legacy costs for the fiscal year ending September
30, 2017 are $18,361,000.00. From this amount, total agency
appropriations for pension-related legacy costs are estimated at
$10,096,700.00. Total agency appropriations for retiree health care
legacy costs are estimated at $8,264,300.00.
Sec. 316. (1) From the funds appropriated in part 1 for sexual
assault law enforcement efforts, the department shall use the funds
for testing of backlogged sexual assault kits across the 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
outside of Wayne County.
(b) To assist local prosecutors with investigations and
Senate Bill No. 800 as amended May 4, 2016
prosecutions of viable cases.
(c) To provide victim services.
(2) The department of attorney general shall provide a
detailed work and spending plan outlining anticipated litigation
action and expenditures resulting from findings of the sexual
assault kit testing. The spending plan shall be transmitted 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. The
appropriation shall not be available for expenditure until the work
plan is approved by the state budget director. The state budget
office shall notify the senate and house of representatives
standing committees on appropriations subcommittees on general
government at least 15 days prior to release of the funds.
(3) The department of attorney general shall provide a report
by January 30 providing updated information related to the work and
spending plan listed in subsection (2) and provide an update on
expenditures made in relation to assisting local prosecutions and
investigations and providing victim services. The report shall be
distributed to the state budget office and the chairs of the senate
and house of representatives standing committees on appropriations
subcommittees on general government, as well as the senate and
house fiscal agencies.
<<Sec. 317. (1) The department of attorney general shall
provide a report by July 1 providing a detailed accounting of all
funds spent by the department of attorney general for any legal
costs or associated expenses related to the declaration of emergency
due to drinking water contamination, and the investigations and
any resulting prosecutions resulting thereof. The report shall be
made available on the department of attorney general's publically
accessible website and shall be distributed to the state budget
director, the chairs of the senate and house of representatives
standing committees on appropriations subcommittees on general
government, as well as the senate and house fiscal agencies.
(2) At the conclusion of all Attorney General investigations
related to the declaration of emergency due to drinking water
contamination, all materials related to all of those investigations
shall be preserved at an academic institution or other facility
capable of preserving all related documents.>>
DEPARTMENT OF CIVIL RIGHTS
Sec. 401. (1) In addition to the funds appropriated in part 1,
there is appropriated an amount not to exceed $2,000,000.00 for
federal contingency funds. These funds are not available for
expenditure until they have been transferred to another line item
in part 1 under section 393(2) of the management and budget act,
1984 PA 431, MCL 18.1393.
(2) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $750,000.00 for private
contingency funds. These funds are not available for expenditure
until they have been transferred to another line item in part 1
under section 393(2) of the management and budget act, 1984 PA 431,
MCL 18.1393.
Sec. 402. (1) In addition to the appropriations contained in
part 1, the department of civil rights may receive and expend funds
from local or private sources for all of the following purposes:
(a) Developing and presenting training for employers on equal
employment opportunity law and procedures.
(b) The publication and sale of civil rights related
informational material.
(c) The provision of copy material made available under
freedom of information requests.
(d) Other copy fees, subpoena fees, and witness fees.
(e) Developing, presenting, and participating in mediation
processes for certain civil rights cases.
(f) Workshops, seminars, and recognition or award programs
consistent with the programmatic mission of the individual unit
sponsoring or coordinating the programs.
(g) Staffing costs for all activities included in this
subsection.
(2) The department of civil rights shall annually report to
the state budget director, the senate and house of representatives
standing committees on appropriations, and the senate and house
fiscal agencies the amount of funds received and expended for
purposes authorized under this section.
Sec. 403. The department of civil rights may contract with
local units of government to review equal employment opportunity
compliance of potential contractors and may charge for and expend
amounts received from local units of government for the purpose of
developing and providing these contractual services.
Sec. 404. (1) The department of civil rights shall prepare and
transmit a detailed report that includes, but is not limited to,
the following information for the most recent fiscal year:
(a) A detailed description of the department operations.
(b) A detailed description of all subunits within the
department, including FTE positions associated with each subunit,
responsibilities of each subunit, and all revenues and expenditures
for each subunit.
(c) The number of complaints by type of complaint.
(d) The average cost of, and time expended, investigating
complaints.
(e) The percentage of complaints that are meritorious and
worthy of investigation or settlement and the percentage of
complaints that have no merit.
(f) A listing of amounts awarded to claimants.
(g) Expenditures associated with complaint investigation and
enforcement.
(h) A listing of complaint investigations closed per FTE
position for each of the past 5 years.
(i) A listing of complaint evaluations completed per FTE
position for each of the past 5 years.
(j) Productivity projections for the current fiscal year,
including investigations closed per FTE, complaint evaluations
completed per FTE, and average time expended investigating
complaints.
(2) The report required under subsection (1) shall be posted
online and transmitted electronically not later than November 30 to
the state budget director, the chairpersons of the senate and house
of representatives standing committees on appropriations, the
senate and house appropriations subcommittees on general
government, and the senate and house fiscal agencies.
Sec. 405. The department of civil rights shall notify the
office of the state budget, senate and house of representatives
standing committees on appropriations, and senate and house fiscal
agencies prior to submitting a report or complaint to the United
States Commission on Civil Rights or other federal departments.
Sec. 410. Total authorized appropriations from all sources
under part 1 for legacy costs for the fiscal year ending September
30, 2017 are $3,062,000.00. From this amount, total agency
appropriations for pension-related legacy costs are estimated at
$1,697,800.00. Total agency appropriations for retiree health care
legacy costs are estimated at $1,364,200.00.
LEGISLATURE
Sec. 600. The senate, the house of representatives, or an
agency within the legislative branch may receive, expend, and
transfer funds in addition to those authorized in part 1.
Sec. 601. (1) Funds appropriated in part 1 to an entity within
the legislative branch shall not be expended or transferred to
another account without written approval of the authorized agent of
the legislative entity. If the authorized agent of the legislative
entity notifies the state budget director of its approval of an
expenditure or transfer before the year-end book-closing date for
that legislative entity, the state budget director shall
immediately make the expenditure or transfer. The authorized
legislative entity agency shall be designated by the speaker of the
house of representatives for house entities, the senate majority
leader for senate entities, and the legislative council for
legislative council entities.
(2) Funds appropriated within the legislative branch, to a
legislative council component, shall not be expended by any agency
or other subgroup included in that component without the approval
of the legislative council.
Sec. 602. The senate may charge rent and assess charges for
utility costs. The amounts received for rent charges and utility
assessments are appropriated to the senate for the renovation,
operation, and maintenance of the Farnum Building and other
properties.
Sec. 603. The appropriation contained in part 1 for national
association dues is to be distributed by the legislative council.
Sec. 604. (1) The appropriation in part 1 to the Michigan
state capitol historic site includes funds to operate the
legislative parking facilities in the capitol area. The Michigan
state capitol commission shall establish rules regarding the
operation of the legislative parking facilities.
(2) The Michigan state capitol commission shall collect a fee
from state employees and the general public using certain
legislative parking facilities. The revenues received from the
parking fees shall be allocated by the Michigan state capitol
commission.
Sec. 605. The appropriation in part 1 to the legislative
council for publication of the Michigan manual is a work project
account. The unexpended portion remaining on September 30 shall not
lapse and shall be carried forward into the subsequent fiscal year
for use in paying the associated biennial costs of publication of
the Michigan manual.
Sec. 606. The appropriations in part 1 to the legislative
branch, for property management, shall be used to purchase
equipment and services for building maintenance in order to ensure
a safe and productive work environment. These funds are designated
as work project appropriations and shall not lapse at the end of
the fiscal year, and shall continue to be available for expenditure
until the project has been completed. The total cost is estimated
at $2,000,000.00, and the tentative completion date is September
30, 2020.
Sec. 607. The appropriations in part 1 to the legislative
branch, for automated data processing, shall be used to purchase
equipment, software, and services in order to support and implement
data processing requirements and technology improvements. These
funds are designated as work project appropriations in accordance
with section 451a of the management and budget act, 1984 PA 431,
MCL 18.1451a, and shall not lapse at the end of the fiscal year,
and shall continue to be available for expenditure until the
project has been completed. The total cost is estimated at
$2,000,000.00, and the tentative completion date is September 30,
2020.
Sec. 608. In addition to funds appropriated in part 1, the
Michigan capitol committee publications save the flags fund account
may accept contributions, gifts, bequests, devises, grants, and
donations. Those funds that are not expended in the fiscal year
ending September 30 shall not lapse at the close of the fiscal
year, and shall be carried forward for expenditure in the following
fiscal years.
Sec. 615. Total authorized appropriations from all sources
under part 1 for legacy costs for the fiscal year ending September
30, 2017 are $21,279,600.00. From this amount, total agency
appropriations for pension-related legacy costs are estimated at
$11,998,700.00. Total agency appropriations for retiree health care
legacy costs are estimated at $9,280,900.00.
Sec. 618. It is the intent of the legislature that all
administrative functions and associated funding for the Michigan
legislative retirement system shall be transferred from the
legislative council to the department of technology, management,
and budget before the end of the 2016-2017 fiscal year.
Sec. 619. (1) From the amount appropriated in part 1 for the
Senate Bill No. 800 as amended May 4, 2016
criminal justice data collection and management program, an amount
not to exceed $1,500,000.00 shall be used by the criminal justice
policy commission to provide <<semi-annual>> reports to the legislature
<<due by February 15 and July 15>>. The report shall include the
following
criminal justice data:
(a) The population, full capacity figures, and number of
correctional officers for each of the following:
(i) State correctional facilities.
(ii) Local jails.
(iii) County jails.
(b) The statewide number of parolees and parole officers.
(c) The statewide number of persons on probation through a
circuit court or a district court and the statewide number of
circuit court and district court probation officers.
(d) The statewide percentage of persons who are arrested
within 3 years and within 5 years of release from each of the
following:
(i) A state correctional facility.
(ii) A local jail.
(iii) A county jail.
(e) The statewide percentage of persons who are arrested
within 3 years and within 5 years of being paroled from a state
correctional facility.
(f) The statewide percentage of persons who are arrested
within 3 years and within 5 years of being placed on probation
through a circuit court or a district court.
(g) The statewide percentage of persons who are convicted of a
Senate Bill No. 800 as amended May 4, 2016 (1 of 2)
criminal offense within 3 years and within 5 years of release from
each of the following:
(i) A state correctional facility.
(ii) A local jail.
(iii) A county jail.
(h) The statewide percentage of persons who are convicted of a
criminal offense within 3 years and within 5 years of being paroled
from a state correctional facility.
(i) The statewide percentage of persons who are convicted of a
criminal offense within 3 years and within 5 years of being placed
on probation through a circuit court or a district court.
(j) The statewide percentage of persons who return to a state
correctional facility within 3 years of release and within 5 years
of release from each of the following:
(i) A state correctional facility.
(ii) A local jail.
(iii) A county jail.
(k) The statewide percentage of persons who return to a state
correctional facility within 3 years and within 5 years of being
paroled from a state correctional facility.
(l) The statewide percentage of persons on probation through a
circuit court or a district court who are remanded to a state
correctional facility within 3 years of placement on probation and
within 5 years of placement on probation.
(m) Sentencing information for all offenders.
<<(n) The report also shall include a listing of all programs designed to reduce recidivism in each of the following:
(i) A state correctional facility.
(ii) A local jail.
(iii) A county jail.
(iv) All persons currently on parole.
(v) All persons currently on probation.
(o) For all programs listed in subdivision (n), the report also shall include all of the following:
(i) The duration of the program.
(ii) The total cost of providing the program.
(iii) The dropout rate amongst program participants for each of the programs listed in subdivision (n).
(iv) The percentage of program participants who are arrested within 3 years and within 5 years of completion of the program for each program listed in subdivision (n).
(v) The percentage of program participants who are convicted of a criminal offense within 3 years and within 5 years of completion of the program for each program listed in subdivision (n).
(vi) The percentage of program participants who return to a state correctional facility, a local jail, or a county jail within 3 years and within 5 years of completion of the program for each program listed in subdivision (n).>>
(2) Funds described in section (1) shall be used to address
criminal justice data deficiencies identified under subsection (1).
If there are initial data deficiencies in the reports required
under subsection (1), the criminal justice policy commission shall
include recommendations for the closure of any data gaps in each of
these reports and the status of any activities related to these
recommendations. The criminal justice policy commission shall issue
a report to the legislature by March 1, 2017, accounting for all
funds spent under this section that will include recommendations
for the funding requirements for subsequent year projects that
would facilitate the collection of the data in subsection (1) on a
statewide basis.
LEGISLATIVE AUDITOR GENERAL
Sec. 620. Pursuant to section 53 of article IV of the state
constitution of 1963, the auditor general shall conduct audits of
the judicial branch. The audits may include the supreme court and
its administrative units, the court of appeals, and trial courts.
Sec. 621. (1) The auditor general shall take all reasonable
steps to ensure that certified minority- and women-owned and
operated accounting firms, and accounting firms owned and operated
by persons with disabilities participate in the audits of the
books, accounts, and financial affairs of each principal executive
department, branch, institution, agency, and office of this state.
(2) The auditor general shall strongly encourage firms with
which the auditor general contracts to perform audits of the
principal executive departments and state agencies to subcontract
with certified minority- and women-owned and operated accounting
firms, and accounting firms owned and operated by persons with
disabilities.
(3) The auditor general shall compile an annual report
regarding the number of contracts entered into with certified
minority- and women-owned and operated accounting firms, and
accounting firms owned and operated by persons with disabilities.
The auditor general shall deliver the report to the state budget
director and the senate and house of representatives standing
committees on appropriations subcommittees on general government by
November 1 of each year.
Sec. 622. From the funds appropriated in part 1 to the
legislative auditor general, the auditor general's salary and the
salaries of the remaining 2.0 FTE unclassified positions shall be
set by the speaker of the house of representatives, the senate
majority leader, the house of representatives minority leader, and
the senate minority leader.
Sec. 623. Any audits, reviews, or investigations requested of
the auditor general by the legislature or by legislative
leadership, legislative committees, or individual legislators shall
include an estimate of the additional costs involved and, when
those costs exceed $50,000.00, should provide supplemental funding.
The auditor general shall determine whether to perform those
activities in keeping with Audit Directive No. 29, which describes
the office of the auditor general's policy on responding to
legislative requests.
DEPARTMENT OF STATE
Sec. 701. (1) In addition to the funds appropriated in part 1,
there is appropriated an amount not to exceed $2,000,000.00 for
federal contingency funds. These funds are not available for
expenditure until they have been transferred to another line item
in part 1 under section 393(2) of the management and budget act,
1984 PA 431, MCL 18.1393.
(2) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $7,500,000.00 for state
restricted contingency funds. These funds are not available for
expenditure until they have been transferred to another line item
in part 1 under section 393(2) of the management and budget act,
1984 PA 431, MCL 18.1393.
(3) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $50,000.00 for local
contingency funds. These funds are not available for expenditure
until they have been transferred to another line item in part 1
under section 393(2) of the management and budget act, 1984 PA 431,
MCL 18.1393.
(4) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $100,000.00 for private
contingency funds. These funds are not available for expenditure
until they have been transferred to another line item in part 1
under section 393(2) of the management and budget act, 1984 PA 431,
MCL 18.1393.
Sec. 703. From the funds appropriated in part 1, the
department of state shall sell copies of records including, but not
limited to, records of motor vehicles, off-road vehicles,
snowmobiles, watercraft, mobile homes, personal identification
cardholders, drivers, and boat operators and shall charge $8.00 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.
Sec. 704. From the funds appropriated in part 1, the secretary
of state may enter into agreements with the department of
corrections for the manufacture of vehicle registration plates 15
months before the registration year in which the registration
plates will be used.
Sec. 705. (1) The department of state may accept gifts,
donations, contributions, and grants of money and other property
from any private or public source to underwrite, in whole or in
part, the cost of a departmental publication that is prepared and
disseminated under the Michigan vehicle code, 1949 PA 300, MCL
257.1 to 257.923. A private or public funding source may receive
written recognition in the publication and may furnish a traffic
safety message, subject to departmental approval, for inclusion in
the publication. The department may reject a gift, donation,
contribution, or grant. The department may furnish copies of a
publication underwritten, in whole or in part, by a private source
to the underwriter at no charge.
(2) The department of state may sell and accept paid
advertising for placement in a departmental publication that is
prepared and disseminated under the Michigan vehicle code, 1949 PA
300, MCL 257.1 to 257.923. The department may charge and receive a
fee for any advertisement appearing in a departmental publication
and shall review and approve the content of each advertisement. The
department may refuse to accept advertising from any person or
organization. The department may furnish a reasonable number of
copies of a publication to an advertiser at no charge.
(3) Pending expenditure, the funds received under this section
shall be deposited in the Michigan department of state publications
fund created by section 211 of the Michigan vehicle code, 1949 PA
300, MCL 257.211. Funds given, donated, or contributed to the
department from a private source are appropriated and allocated for
the purpose for which the revenue is furnished. Funds granted to
the department from a public source are allocated and may be
expended upon receipt. The department shall not accept a gift,
donation, contribution, or grant if receipt is conditioned upon a
commitment of state funding at a future date. Revenue received from
the sale of advertising is appropriated and may be expended upon
receipt.
(4) Any unexpended revenues received under this section shall
be carried over into subsequent fiscal years and shall be available
for appropriation for the purposes described in this section.
(5) On March 1 of each year, the department of state shall
file a report with the senate and house of representatives standing
committees on appropriations, the senate and house fiscal agencies,
and the state budget director. The report shall include all of the
following information:
(a) The amount of gifts, contributions, donations, and grants
of money received by the department under this section for the
prior fiscal year.
(b) A listing of the expenditures made from the amounts
received by the department as reported in subdivision (a).
(c) A listing of any gift, donation, contribution, or grant of
property other than funding received by the department under this
section for the prior year.
(d) The total revenue received from the sale of paid
advertising accepted under this section and a statement of the
total number of advertising transactions.
(6) In addition to copies delivered without charge as the
secretary of state considers necessary, the department of state may
sell copies of manuals and other publications regarding the sale,
ownership, or operation or regulation of motor vehicles, with
amendments, at prices to be established by the secretary of state.
As used in this subsection, the term "manuals and other
publications" includes videos and proprietary electronic
publications. All funds received from sales of these manuals and
other publications shall be credited to the Michigan department of
state publications fund.
Sec. 707. Funds collected by the department of state under
section 211 of the Michigan vehicle code, 1949 PA 300, MCL 257.211,
are appropriated for all expenses necessary to provide for the
costs of the publication. Funds are allotted for expenditure when
they are received by the department of treasury and shall not lapse
to the general fund at the end of the fiscal year.
Sec. 708. From the funds appropriated in part 1, the
department of state shall use available balances at the end of the
state fiscal year to provide payment to the department of state
police in the amount of $332,000.00 for the services provided by
the traffic accident records program as first appropriated in 1990
PA 196 and 1990 PA 208.
Sec. 709. From the funds appropriated in part 1, the
department of state may restrict funds from miscellaneous revenue
to cover cash shortages created from normal branch office
operations. This amount shall not exceed $50,000.00 of the total
funds available in miscellaneous revenue.
Sec. 710. (1) Commemorative and specialty license plate fee
revenue collected by the department of state and deposited into the
transportation administration collection fund created in section
810b of the Michigan vehicle code, 1949 PA 300, MCL 257.810b, is
authorized for expenditure up to the amount of revenue collected
but not to exceed the amount appropriated to the department of
state in part 1 to administer commemorative and specialty license
plate programs.
(2) Commemorative and specialty license plate fee revenue
collected by the department of state and deposited in the
transportation administration collection fund created in section
810b of the Michigan vehicle code, 1949 PA 300, MCL 257.810b, in
addition to the amount appropriated in part 1 to the department of
state, shall remain in the transportation administration collection
fund created in section 810b of the Michigan vehicle code, 1949 PA
300, MCL 257.810b, and be available for future appropriation.
Sec. 711. Collector plate and fund-raising registration plate
revenues collected by the department of state are appropriated and
allotted for distribution to the recipient university or public or
private agency overseeing a state-sponsored goal when received.
Distributions shall occur on a quarterly basis or as otherwise
authorized by law. Any revenues remaining at the end of the fiscal
year shall not lapse to the general fund but shall remain available
for distribution to the university or agency in the next fiscal
year.
Sec. 712. The department of state may produce and sell copies
of a training video designed to inform registered automotive repair
facilities of their obligations under Michigan law. The price shall
not exceed the cost of production and distribution. The money
received from the sale of training videos shall revert to the
department of state and be placed in the auto repair facility
account.
Sec. 713. (1) The department of state, in collaboration with
the gift of life transplantation society or its successor federally
designated organ procurement organization, may develop and
administer a public information campaign concerning the Michigan
organ donor program.
(2) The department of state may solicit funds from any private
or public source to underwrite, in whole or in part, the public
information campaign authorized by this section. The department may
accept gifts, donations, contributions, and grants of money and
other property from private and public sources for this purpose. A
private or public funding source underwriting the public
information campaign, in whole or in substantial part, shall
receive sponsorship credit for its financial backing.
(3) Funds received under this section, including grants from
state and federal agencies, shall not lapse to the general fund at
the end of the fiscal year but shall remain available for
expenditure for the purposes described in this section.
(4) Funding appropriated in part 1 for the organ donor program
shall be used for producing a pamphlet to be distributed with
driver licenses and personal identification cards regarding organ
donations. The funds shall be used to update and print a pamphlet
that will explain the organ donor program and encourage people to
become donors by marking a checkoff on driver license and personal
identification card applications.
(5) The pamphlet shall include a return reply form addressed
to the gift of life organization. Funding appropriated in part 1
for the organ donor program shall be used to pay for return postage
costs.
(6) In addition to the appropriations in part 1, the
department of state may receive and expend funds from the organ and
tissue donation education fund for administrative expenses.
Sec. 714. (1) Except as otherwise provided under subsection
(2), at least 180 days before closing a branch office or
consolidating a branch office and at least 60 days before
relocating a branch office, the department of state shall inform
members of the senate and house of representatives standing
committees on appropriations and legislators who represent affected
areas regarding the details of the proposal. The information
provided shall be in written form and include all analyses done
regarding criteria for changes in the location of branch offices,
including, but not limited to, branch transactions, revenue, and
the impact on citizens of the affected area. The impact on citizens
shall include information regarding additional distance to branch
office locations resulting from the plan. The written notice
provided by the department of state shall also include detailed
estimates of costs and savings that will result from the overall
changes made to the branch office structure and the same level of
detail regarding costs for new leased facilities and expansions of
current leased space.
(2) If the consolidation of a branch office is with another
branch office that is located within the same local unit of
government or the relocation of a branch office is to another
location that is located within the same local unit of government,
the department of state is not required to provide the notification
or written information described in subsection (1).
(3) As used in this section, "local unit of government" means
a city, village, township, or county.
Sec. 715. (1) Any service assessment collected by the
department of state from the user of a credit or debit card under
section 3 of 1995 PA 144, MCL 11.23, may be used by the department
for necessary expenses related to that service and may be remitted
to a credit or debit card company, bank, or other financial
institution.
(2) The service assessment imposed by the department of state
for credit and debit card services may be based either on a
percentage of each individual credit or debit card transaction, or
on a flat rate per transaction, or both, scaled to the amount of
the transaction. However, the department shall not charge any
amount for a service assessment which exceeds the costs billable to
the department for service assessments.
(3) If there is a balance of service assessments received from
credit and debit card services remaining on September 30, the
balance may be carried forward to the following fiscal year and
appropriated for the same purpose.
(4) As used in this section, "service assessment" means and
includes costs associated with service fees imposed by credit and
debit card companies and processing fees imposed by banks and other
financial institutions.
Sec. 716b. The department of state shall provide a report that
calculates the total amount of funds expended for the business
application modernization project to date from the inception of the
program. The report shall contain information on the original start
and completion dates for the project, the original cost to complete
the project, and a listing of all revisions to project completion
dates and costs. The report shall include the total amount of funds
paid to the state by the contract provider for penalties. The
report shall be submitted to the senate and house of
representatives standing committees on appropriations, the senate
and house fiscal agencies, and the state budget director by January
1.
Sec. 717. (1) The department of state may accept nonmonetary
Senate Bill No. 800 as amended May 4, 2016
gifts, donations, or contributions of property from any private or
public source to support, in whole or in part, the operation of a
departmental function relating to licensing, regulation, or safety.
The department may recognize a private or public contributor for
making the contribution. The department may reject a gift,
donation, or contribution.
(2) The department of state shall not accept a gift, donation,
or contribution under subsection (1) if receipt of the gift,
donation, or contribution is conditioned upon a commitment of
future state funding.
(3) On March 1 of each year, the department of state shall
file a report with the senate and house of representatives standing
committees on appropriations, the senate and house fiscal agencies,
and the state budget director. The report shall list any gift,
donation, or contribution received by the department under
subsection (1) for the prior calendar year.
<<Sec. 718. From the funds appropriated in part 1 to the
department of state, branch operations, the department shall maintain
a full service secretary of state branch office in Buena Vista
Township.>>
Sec. 721. From the funds appropriated in part 1, the
department of state may collect ATM commission fees from companies
that have ATMs located in secretary of state branch offices. The
commission received from the use of these ATMs shall be credited to
the transportation administration collection fund created under
section 810b of the Michigan vehicle code, 1949 PA 300, MCL
257.810b.
Sec. 722. (1) From the increased funds appropriated in part 1
for information technology services and projects, the department of
state shall establish a legacy modernization project beginning in
the current fiscal year. The purpose of this program expansion is
modernization of the entire system and removal of existing programs
from the legacy mainframes.
(2) The department of state shall provide a report on the
status of the legacy modernization project that includes, but is
not limited to, itemization of all expenditures made on behalf of
the project, anticipated completion date of the project, time frame
of each phase of the project, the cost of the project, the number
of employees assigned to implement each phase of the project, the
contracts entered into for the project, anticipated overall cost of
the project, and any other information the department considers
necessary. The plan shall be distributed to the senate and house of
representatives standing committees on appropriations subcommittees
on general government, as well as the senate and house fiscal
agencies, and the state budget director by January 1.
Sec. 723. From the increased funds appropriated in part 1 for
elections administration and services, the department of state
shall establish funding available for the replacement of voting
machines. The purpose of this program expansion is replacement of
existing voting machines in the local jurisdictions.
Sec. 725. Total authorized appropriations from all sources
under part 1 for legacy costs for the fiscal year ending September
30, 2017 are $31,874,100.00. From this amount, total agency
appropriations for pension-related legacy costs are estimated at
$17,673,400.00. Total agency appropriations for retiree health care
legacy costs are estimated at $14,200,700.00.
DEPARTMENT OF TALENT AND ECONOMIC DEVELOPMENT
Sec. 800. (1) In addition to the funds appropriated in part 1,
there is appropriated an amount not to exceed $30,000,000.00 for
federal contingency funds. These funds are not available for
expenditure until they have been transferred to another line item
in part 1 under section 393(2) of the management and budget act,
1984 PA 431, MCL 18.1393.
(2) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $10,000,000.00 for state
restricted contingency funds. These funds are not available for
expenditure until they have been transferred to another line item
in part 1 under section 393(2) of the management and budget act,
1984 PA 431, MCL 18.1393.
(3) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $2,000,000.00 for private
contingency funds. These funds are not available for expenditure
until they have been transferred to another line item in part 1
under section 393(2) of the management and budget act, 1984 PA 431,
MCL 18.1393.
(4) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $2,000,000.00 for local
contingency funds. These funds are not available for expenditure
until they have been transferred to another line item in part 1
under section 393(2) of the management and budget act, 1984 PA 431,
MCL 18.1393.
Sec. 800a. Total authorized appropriations from all sources
under part 1 for legacy costs for the fiscal year ending September
30, 2017 are $35,083,100.00. From this amount, total agency
appropriations for pension-related legacy costs are estimated at
$19,452,700.00. Total agency appropriations for retiree health care
legacy costs are estimated at $15,630,400.00.
MICHIGAN STRATEGIC FUND - HOUSING AND COMMUNITY DEVELOPMENT
Sec. 801. MSHDA shall annually present a report to the state
budget office and the subcommittees on the status of the
authority's housing production goals under all financing programs
established or administered by the authority. The report shall give
special attention to efforts to raise affordable multifamily
housing production goals.
Sec. 802. MSHDA shall report to the subcommittees, the state
budget director, and the fiscal agencies by December 1 on the
status of the loans entered into by the Michigan broadband
development authority.
Sec. 803. In addition to the funds appropriated in part 1, the
funds collected by state historic preservation programs for
document reproduction and services and application fees are
appropriated for all expenses necessary to provide the required
services. These funds are available for expenditure when they are
received and may be carried forward into the succeeding fiscal
year.
Sec. 804. In addition to the amounts appropriated in part 1,
the land bank fast track authority may expend revenues received
under the land bank fast track act, 2003 PA 258, MCL 124.751 to
124.774, for the purposes authorized by the act, including, but not
limited to, the acquisition, lease, management, demolition,
maintenance, or rehabilitation of real or personal property,
payment of debt service for notes or bonds issued by the authority,
and other expenses to clear or quiet title property held by the
authority.
MICHIGAN STRATEGIC FUND
Sec. 805. In addition to the appropriations in part 1, Travel
Michigan may receive and expend private revenue related to the use
of "Pure Michigan" and all other copyrighted slogans and images.
This revenue may come from the direct licensing of the name and
image or from the royalty payments from various merchandise sales.
Revenue collected is appropriated for the marketing of the state as
a travel destination. The funds are available for expenditure when
they are received by the department of treasury. The fund shall
provide a report that lists the revenues by source received from
the use of "Pure Michigan" and all other copyrighted slogans and
images. The report shall provide a detailed list of expenditures of
revenues received under this section. The report shall be provided
to the appropriations subcommittees on general government, the
fiscal agencies, and the state budget office by June 1.
Sec. 807. (1) The fund shall provide reports to the relevant
subcommittees, the state budget director, and the fiscal agencies
concerning the activities of the MEDC grants and investment
programs financed from the fund using investment, Indian gaming
revenues, or other revenues. The report shall provide a list of
individual grants, loans, and investments made from the fund or by
the MEDC from the funds appropriated in part 1 and shall include
the name of the recipient, the amount awarded to the recipient, and
the purpose of the grant. The activities report shall also include,
but not be limited to, the following programs funded in part 1:
(a) Travel Michigan, including any expenditures authorized
under section 89b of the Michigan strategic fund act, 1984 PA 270,
MCL 125.2089b, to supplement the Michigan promotion program or Pure
Michigan programs. The report shall include the number of
commercials produced, the types of media purchased, and the target
of tourism promotion used in Michigan tourism promotion material.
(b) Business attraction, retention, and growth, including any
expenditures authorized under section 89b of the Michigan strategic
fund act, 1984 PA 270, MCL 125.2089b, to supplement the Michigan
business marketing program. The report shall include the number of
commercials produced, the markets in which media buys have been
made, and any web-based products that were created as a result of
this appropriation.
(c) Business services.
(d) Community development block grants.
(e) Strategic fund administration.
(f) Renaissance zones.
(g) 21st century investment program.
(h) Business and clean air ombudsman.
(i) Michigan business development program.
(j) Community revitalization program.
(k) Film incentives.
(l) Any other programs of the fund.
(m) Jobs for Michigan investment fund.
(n) Core community fund.
(2) As a condition of the expenditure of funds appropriated in
part 1 for business attraction and community revitalization and
film incentives, the fund shall submit a report to the chairpersons
of the senate and house of representatives standing committees on
appropriations, the chairpersons of the senate and house of
representatives standing committees on appropriations subcommittees
on general government, the senate and house fiscal agencies, and
the state budget office that provides performance metrics for the
Michigan business development program, community revitalization
program, and film incentives. The report shall include, but is not
limited to, all of the following for all appropriated funds that
are available during the fiscal year:
(a) Total verified jobs created, as required by statute,
compared to total committed jobs.
(b) Total actual private investment compared to total
projected private investment.
(c) An estimate of the return on investment to the state as a
result of the incentives.
(d) A listing of projects previously awarded incentives that
were revoked and the reason for revocation.
(e) A listing of projects that had incentive contracts amended
by the fund or MEDC. The listing shall include a detailed listing
of the amendments made to the contract.
(3) The reports in subsections (1) and (2) shall be submitted
by February 15. The report for each program in subsection (1)(a)
through (l) shall include details on all revenue sources, actual
expenditures, and number of FTEs for that program for the previous
fiscal year.
Sec. 808. 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. 809. (1) Of the funds appropriated to the fund or through
grants to the MEDC, no funds shall be expended for the purchase of
options on land or the purchase of land unless at least 1 of the
following conditions applies:
(a) The land is located in an economically distressed area.
(b) The land is obtained through a purchase or exercise of an
option at the invitation of the local unit of government and local
economic development agency.
(2) Consideration may be given to purchases where the proposed
use of the land is consistent with a regional land use plan, will
result in the redevelopment of an economically distressed area, can
be supported by existing infrastructure, and will not cause shifts
in population away from the area's population centers.
(3) As used in this section, "economically distressed area"
means an area in a city, village, or township that has been
designated as blighted; a city, village, or township that shows
negative population change from 1970 and a poverty rate and
unemployment rate greater than the statewide average; or an area
certified as a neighborhood enterprise zone under the neighborhood
enterprise zone act, 1992 PA 147, MCL 207.771 to 207.786.
Sec. 811. (1) From the appropriations in part 1 to the fund
and granted or transferred to the MEDC, any unexpended or
unencumbered balance shall be disposed of in accordance with the
requirements in the management and budget act, 1984 PA 431, MCL
18.1101 to 18.1594, unless carryforward authorization has been
otherwise provided for.
(2) Any encumbered funds shall be used for the same purposes
for which funding was originally appropriated in this part and part
1.
Sec. 812. (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. 813. As a condition for receiving the appropriations in
part 1, any staff of the MEDC involved in private fund-raising
activities shall not be party to any decisions regarding the
awarding of grants, incentives, or tax abatements from the fund,
the MEDC, or the Michigan economic growth authority.
Sec. 820. Federal pass-through funds to local institutions and
governments that are received in amounts in addition to those
included in part 1 and that do not require additional state
matching funds are appropriated for the purposes intended. The
department may carry forward into the succeeding fiscal year
unexpended federal pass-through funds to local institutions and
governments that do not require additional state matching funds.
The department shall report the amount and source of the funds to
the senate and house appropriations subcommittees on general
government, the senate and house fiscal agencies, and the state
budget office within 10 business days after receiving any
additional pass-through funds.
Sec. 824. From the funds appropriated in part 1 for business
attraction and community revitalization, not less than
$20,000,000.00 shall be granted by the fund board for brownfield
redevelopment and historic preservation projects under the
community revitalization program authorized by chapter 8C of the
Michigan strategic fund act, 1984 PA 270, MCL 125.2090 to
125.2090d.
Sec. 832. (1) The department shall report to the
subcommittees, the state budget director, and the fiscal agencies
on the status of the film incentives at the same time as it submits
the annual report required under section 455 of the Michigan
business tax act, 2007 PA 36, MCL 208.1455. The department of
treasury and the fund shall provide the department of talent and
economic development with the data necessary to prepare the report.
Incentives included in the report shall include all of the
following:
(a) The tax credit provided under section 455 of the Michigan
business tax act, 2007 PA 36, MCL 208.1455.
(b) The tax credit provided under section 457 of the Michigan
business tax act, 2007 PA 36, MCL 208.1457.
(c) The tax credit provided under section 459 of the Michigan
business tax act, 2007 PA 36, MCL 208.1459.
(d) The amount of any tax credit claimed under former section
367 of the income tax act of 1967, 1967 PA 281.
(e) Any tax credits provided for film and digital media
production under the Michigan economic growth authority act, 1995
PA 24, MCL 207.801 to 207.810.
(f) Loans to an eligible production company or film and
digital media private equity fund authorized under section 88d(3),
(4), and (5) of the Michigan strategic fund act, 2005 PA 225, MCL
125.2088d.
(2) The report shall include all of the following information:
(a) For each tax credit, the number of contracts signed, the
projected expenditures qualifying for the credit, and the estimated
value of the credits. For loans, the number of loans made under
each section, the interest rate of those loans, the loan amount,
the percent of the projected budget of each production financed by
those loans, the estimated interest earnings from the loan, the
total funding awarded for each of the following:
(i) Direct production expenditures.
(ii) Michigan personnel expenditures.
(iii) Crew personnel expenditures.
(iv) Qualified personnel expenditures.
(v) Postproduction expenditures.
(vi) Qualified facility or infrastructure expenditures.
(vii) Spending for program administration.
(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. 835. (1) From the appropriation in part 1, the Michigan
council for arts and cultural affairs shall administer an arts and
cultural grant program that maintains an equitable geographic
distribution of funding and utilizes past arts and cultural grant
programs as a guideline for administering this program. The council
shall do all of the following:
(a) On or before October 1, the fund shall publish proposed
application criteria, instructions, and forms for use by eligible
applicants. The fund shall provide at least a 2-week period for
public comment before finalizing the application criteria,
instructions, and forms.
(b) A nonrefundable application fee may be assessed for each
application. Application fees shall be deposited in the council for
the arts fund and are appropriated for expenses necessary to
administer the programs. These funds are available for expenditure
when they are received and may be carried forward to the following
fiscal year.
(c) Grants are to be made to public and private arts and
cultural entities.
(d) Within 1 business day after the award announcements, the
council shall provide to each member of the legislature and the
fiscal agencies a list of all grant recipients and the total award
given to each recipient, sorted by county.
(2) The appropriation in part 1 for arts and cultural program
shall not be used for the administration of the grant program.
Sec. 836. (1) The general fund/general purpose funds
appropriated in part 1 to the business attraction and community
revitalization funds 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. 838. (1) From the funds appropriated in part 1, the
department shall work with Michigan State University to gather
information and create an annual progress report on the
construction of the Facility for Rare Isotope Beams. The report
shall include, but is not limited to, the following information:
(a) If construction is ahead of the scheduled timeline made
with the United States Department of Energy at the end of the
previous fiscal year and the number of weeks.
(b) If the cost of construction is under or over the amount
projected for the previous fiscal year and the amount.
(c) The number of Michigan companies that have been contracted
for the project, the total amount of those contracts, and number of
permanent and temporary employees employed in the previous fiscal
year.
(2) The department shall report to the state budget director,
appropriations subcommittees, senate and house appropriation
subcommittees on general government, and senate and house fiscal
agencies by February 15.
Sec. 840. As a condition of receiving funds in part 1, the
department of talent and economic development shall utilize MAIN,
or a successor MDTMB-administered administrative information system
used across state government, as an appropriation and expenditure
reporting system to track all financial transactions with
individual vendors, contractual partners, grantees, recipients of
business incentives, and recipients of other economic assistance.
Encumbrances and expenditures shall be reported in a timely manner.
Sec. 841. From the funds appropriated in part 1 for business
attraction and community revitalization, the fund shall request the
transfer by the state treasurer of not more than 60% of the funds
prior to April 1.
Sec. 842. 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 appropriations for business attraction and community
revitalization, or a predecessor, in 2011 PA 63, 2012 PA 200, 2013
PA 59, and 2014 PA 252, that were considered appropriated, pre-
encumbered, encumbered, or expended that have lapsed back to the
fund for any purpose. The report shall be submitted to the
chairpersons of the senate and house of representatives standing
committees on appropriations, the chairpersons of the senate and
house of representatives standing committees on appropriations
subcommittees on general government, the senate and house fiscal
agencies, and the state budget office.
Sec. 844. From the appropriations in part 1 for business
attraction and community revitalization, $500,000.00 shall be
allocated to a consortium that develops unmanned aerial systems
technology and has a teaming agreement or partnership with a
Federal Aviation Administration designated testing site. The
consortium must also be working with a community college that has
received a skilled trades equipment fund grant and is using a
portion of the grant to purchase equipment for unmanned aerial
systems technology for education.
Sec. 845. From the funds appropriated in part 1 for
entrepreneurship eco-system, the fund shall allocate $1,000,000.00
to the Van Andel Institute to be used for matching federal funds,
private and nonprofit grants, and private contributions.
Sec. 846. (1) From the funds appropriated in part 1 for
special grants, $250,000.00 in general fund dollars shall be
awarded to a village that has a population of less than 1,200 for
capital repayments on a water tower that has deteriorated lead
paint inside of the well, operates a wellhead protection plan, is
over 30 years old, and has $100,000.00 in matching funds.
(2) From the funds appropriated in part 1 for special grants,
$960,000.00 in general fund dollars shall be awarded as a grant to
a financially distressed city that has a level 3, high-priority
capital improvement that has a cost estimate above $10,000,000.00,
has local matching dollars, and has previously applied to the
financially distressed cities, villages, and townships fund, but
has not been awarded any previous grants.
(3) From the funds appropriated in part 1 for special grants,
$800,000.00 in general fund dollars shall be awarded as a parking
redevelopment grant to a state park that is less than 50 acres and
is connected to a multi-city trolley system.
(4) From the funds appropriated in part 1 for special grants,
$2,100,000.000 in penalties and interest fund dollars shall be used
to increase funding to the Jobs for America's Graduates program in
Michigan in the talent investment agency.
(5) From the funds appropriated in part 1 for special grants,
$76,000.00 in general fund dollars shall be expended as a grant to
a local intermediate school district as matching for the purchase
of a plasma cutting machine. The grant shall be awarded to an
intermediate school district that operates a zero-emission
classroom building.
(6) From the funds appropriated in part 1 for special grants,
$300,000.00 in general fund dollars shall be expended to support
the urban search and rescue task force. In distributing funds under
this section, the department of treasury shall require the task
force to provide to the department the following information:
Senate Bill No. 800 as amended May 4, 2016
(a) A final year-end report providing information on all
revenue received by source and expenditures by categories, with the
funds distributed to the task force under section 606(9) of article
XVI of 2014 PA 252 discretely presented.
(b) Detail on the proposed expenditure of the funds
distributed under this section.
(c) A final year-end report providing information on all
revenue received by source and expenditures by categories, with the
funds distributed under this section discretely presented.
<<
>>
Sec. 847. (1) The fund shall report to the senate and house of
representatives appropriations subcommittees on general government,
the senate and house fiscal agencies, and the state budget office
by November 1 on the annual cost of the Michigan economic growth
authority tax credits. The report shall include for each year the
board-approved credit amount, adjusted for credit amendments where
applicable, and the actual and projected value of tax credits for
each year from 1995 to the expiration of the credit program. For
years for which credit claims are complete, the report shall
include the total of actual certificated credit amounts. For years
for which claims are still pending or not yet submitted, the report
shall include a combination of actual credits where available and
projected credits. Credit projections shall be based on updated
estimates of employees, wages, and benefits for eligible companies.
Senate Bill No. 800 as amended May 4, 2016
(2) In addition to the report under subsection (1), the fund
shall report to the senate and house of representatives
appropriations subcommittees on general government, the senate and
house fiscal agencies, and the state budget office by November 1 on
the annual cost of all other certificated credits by program, for
each year until the credits expire or can no longer be collected.
The report shall include estimates on the brownfield redevelopment
credit, film credits, MEGA photovoltaic technology credit, MEGA
polycrystalline silicon manufacturing credit, MEGA vehicle battery
credit, and other certificated credits.
Sec. 848. From the funds appropriated in part 1 for smart zone
grant, the department shall award a grant of up to $100.00 to a
regional smart zone that operates a technology innovation center
and has an economic area partnership with a board that has
representation from a university, a community college, 2 local
units of government, and a county. The smart zone must have created
at least 50 jobs and generated at least $1,000,000.00 in fiscal
year 2015-2016 to receive the grant.
<<Sec. 849. From the funds appropriated in part 1 for entrepreneurship eco-system, $100.00 shall be allocated as an
aerospace supplier expansion grant to a Michigan association that
has a developmental plan for an aerospace supplier network.>>
Sec. 850. From the funds appropriated in part 1 for
entrepreneurship ecosystem, the department shall award a $100.00 1-
time grant to a public or private technology university to start up
a business and technology accelerator. The accelerator shall be
operated by the university, have federal matching dollars, and have
partnerships or alliance agreements with Michigan Works!,
businesses, and a local unit of government.
TALENT INVESTMENT AGENCY
Sec. 860. The talent investment agency shall administer the
PATH training program in accordance with the requirements of
section 407(d) of title IV of the social security act, 42 USC 607,
the state social welfare act, 1939 PA 280, MCL 400.1 to 400.119b,
and all other applicable laws and regulations.
Sec. 861. From the funds appropriated in part 1 for workforce
programs subgrantees, the talent investment agency may allocate
funding for grants to nonprofit organizations that offer programs
pursuant to the workforce investment act of 1998, 29 USC 2801 to
2945, or the workforce innovation and opportunity act, 29 USC 3101
to 3361, eligible youth focusing on pre-apprenticeship and
apprenticeship activities, entrepreneurship, work-readiness skills,
job shadowing, and financial literacy. Organizations eligible for
funding under this section must have the capacity to provide
similar programs in urban areas, as determined by the United States
Bureau of the Census according to the most recent federal decennial
census. Additionally, programs eligible for funding under this
section must include the participation of local business partners.
The talent investment agency shall develop other appropriate
eligibility requirements to ensure compliance with applicable
federal rules and regulations.
Sec. 862. The talent investment agency shall make available,
in person or by telephone, 1 disabled veterans outreach program
specialist or local veterans employment representative to Michigan
Works! service centers, as resources permit, during hours of
operation, and shall continue to make the appropriate placement of
veterans and disabled veterans a priority.
Sec. 863. (1) In addition to the funds appropriated in part 1,
any unencumbered and unrestricted federal workforce investment act
of 1998, 29 USC 2801 to 2945, workforce innovation and opportunity
act, 29 USC 3101 to 3361, or trade adjustment assistance funds
available from prior fiscal years are appropriated for the purposes
originally intended.
(2) The talent investment agency shall report by February 15
to the subcommittees, the fiscal agencies, and the state budget
office on the amount by fiscal year of federal workforce investment
act of 1998, 29 USC 2801 to 2945, workforce innovation and
opportunity act, 29 USC 3101 to 3361, funds appropriated under this
section.
Sec. 865. The talent investment agency shall provide a report
by March 1 to the senate and house of representatives standing
committees on appropriations subcommittees on general government,
the state budget director, and the fiscal agencies on the status of
the skilled trades training program funded in part 1. The report
shall include the following:
(a) The number of awardees participating in the program and
the names of those awardees organized by major industry group.
(b) The amount of funding received by each awardee under the
program.
(c) Amount of funding leveraged from each awardee or other
funding source for each awardee project.
(d) Training models established by each awardee.
(e) The number of individuals enrolled in a skilled trades
training program by awardee.
(f) The number of individuals who completed the program and
were hired by awardee.
(g) The number of applications received and the number of
applications approved for each region.
Sec. 866. As a condition of receiving funds in part 1 for the
skilled trades training program, the talent investment agency shall
administer the program as follows:
(a) The talent investment agency shall work cooperatively with
grantees to maximize the amount of funds from part 1 that are
available for direct training.
(b) The talent investment agency, workforce development
partners, including regional Michigan Works! agencies, and
employers shall collaborate and work cooperatively to prioritize
and streamline the expenditure of the funds appropriated in part 1.
The talent investment agency shall ensure that the skilled trades
training program provides a collaborative statewide network of
workforce and employee skill development partners that addresses
the employee talent needs throughout the state.
(c) The talent investment agency shall ensure that grants are
utilized for individual skill enhancement for employees of Michigan
businesses including the development of additional opportunities
for apprenticeship programs and more advance-tech training
programs. Funds shall not be distributed to program and process
centered training organization employers.
(d) The talent investment agency shall develop program goals
and detailed guidance for prospective participants to follow to
qualify under the program. The program goals and detailed guidance
shall be posted on the talent investment agency website and
distributed to workforce development partners, including local
Michigan Works! agencies, by October 1. Periodic assessments of
employer and employee needs shall be evaluated on a regional basis,
and the talent investment agency shall identify solutions and goals
to be implemented to satisfy those needs. The talent investment
agency shall notify the senate and house of representatives
standing committees on appropriations, the senate and house of
representatives standing committees on appropriations subcommittees
on general government, the senate and house fiscal agencies, and
the state budget office on any program goal, solution, or guidance
changes not fewer than 14 days prior to the finalization and
publication of the changes. Revenue received by the talent
investment agency for the skilled trades training program 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 when a Michigan company has utilized its favored
status designation from the investing in manufacturing communities
partnership to receive an award from the federal government.
Advance Michigan is the multijurisdictional collaborative working
with this partnership. The intent of Advance Michigan is to assist
businesses in securing federal funding opportunities and provide
matching funds in support of advancing Michigan as a global center
for advanced automotive manufacturing. The intent of these funds
will involve improving and increasing the skill level of employees
in skilled trades in the automotive industry and the manufacturing
processes within the changing manufacturing environment.
(f) Use the temporary assistance for needy families (TANF)
funds to train recipients of the family independence program (FIP)
and individuals that are eligible for the temporary assistance for
needy families program. The talent investment agency shall develop
and implement guidelines on how to use these funds in cooperation
with the department of health and human services in order to meet
federal guidelines prior to expending TANF funds. Individuals and
awardees that are funded using TANF dollars shall be broken out for
the reports required in section 865.
Sec. 868. (1) Of the funds appropriated in part 1 for the
workforce training programs, the talent investment agency shall
provide a report by February 15 to the senate and house of
representatives standing committees on appropriations subcommittees
on general government, the state budget director, and the fiscal
agencies on the status of the workforce training programs. The
report shall include the following:
(a) The amount of funding allocated to each Michigan Works!
agency and the total funding allocated to the workforce training
programs statewide by fund source.
(b) The number of participants enrolled in education or
training programs by each Michigan Works! agency.
(c) The average duration of training for training program
participants by each Michigan Works! agency.
(d) The number of participants enrolled in remedial education
programs and the number of participants enrolled in literacy
programs.
(e) The number of participants enrolled in programs at 2-year
institutions.
(f) The number of participants enrolled in 4-year
institutions.
(g) The number of participants enrolled in proprietary schools
or other technical training programs.
(h) The actual revenues received by the fund source and fund
appropriated for each discrete workforce development program area.
(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. 869. (1) From the funds appropriated in part 1 for the
work opportunity program, the department shall establish and
implement a work opportunity employer reimbursement program that
uses the funds to provide grants to employers for the hiring of
qualified employees.
(2) The grant program shall require that an employer applying
to receive a grant shall employ at least 1 qualified employee in a
qualified new job for a minimum of 120 hours.
(3) An employer that wishes to apply for a grant shall submit
an application to the department containing the information
required by the department, including the following:
(a) The employer's federal employer identification number or
the department of treasury number assigned to the employer.
(b) The qualified employee's department of corrections number
and status of his or her parole, probation, or release.
(c) The amount of first-year wages.
(4) If the department approves a grant, the department shall
notify the employer. Upon confirmation that the employer has hired
a qualified employee who worked at least 120 hours in a qualified
new job, the department shall approve and disburse the grant funds
to the employer as follows:
(a) An amount equal to 25% of the qualified first-year wages
or $1,500.00 whichever is less.
(b) For a qualified employee who worked more than 400 hours,
an amount equal to 40% of the qualified first-year wages or
$2,400.00, whichever is less.
(5) The work opportunity employer reimbursement fund shall be
created within the department of treasury. This fund may receive
revenue from other assets and sources for deposit into the fund.
The state treasurer or his or her designee shall be the fiduciary
of the fund and direct the investment of the fund. The state
treasurer shall credit to the fund interest and earnings from fund
investments. Any amount remaining in the fund at the end of the
fiscal year shall not lapse to the general fund and shall remain in
the fund.
(6) The Michigan talent investment agency shall administer the
fund for auditing purposes and shall expend funds for at least 1 of
the following reasons:
(a) Grants issued pursuant to the grant program.
(b) Not more than 10% of the money appropriated from the fund
for employment of not more than 1 FTE to administer the grant
program.
(7) The department shall prepare a report for the state budget
director and the senate and house standing committees on
corrections. The report shall include the money and amounts
received by the fund, the balance of the fund, the total
expenditures from the fund, and the number of grants issued with
the money from the fund.
Sec. 876. The unemployment insurance agency shall provide the
senate and house appropriations subcommittees on general
government, senate and house fiscal agencies, and the state budget
office with quarterly status reports on the implementation of and
improvements to the agency's integrated system project. The
quarterly status reports shall include, but not be limited to, a
summary of the expenditures for the project, a summary of the tasks
completed, and a summary of the tasks anticipated to be completed
in the subsequent quarter.
Sec. 877. The department of talent and economic development
shall report quarterly to the members of the house and senate
committees on appropriations, the senate and house fiscal agencies,
and the state budget director on the percentage of unemployment
claimants that meet the certification requirements for receiving
benefits by using the Internet Michigan web account manager system
or any application developed for that purpose. The department of
talent and economic development shall implement improvements to the
Internet Michigan web account manager system that promote greater
ease of access and security with a goal of reaching 75% of users
certifying by using the Internet Michigan web account manager
system or another system that reduces staff face time and Michigan
automated response voice interactive network telephone system
usage.
Sec. 878. (1) From the funds appropriated in part 1 for the
unemployment insurance agency, the department of talent and
economic development 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 of talent and economic development shall
identify specific outcomes and performance metrics for this
initiative, including, but not limited to, the following:
(a) Unemployment benefit fund balance.
(b) Process improvement – fiscal integrity.
(c) Process improvement – determination timeliness.
(d) Process improvement – determination quality.
Sec. 879. (1) From the funds appropriated in part 1 for the
career technology and skilled trades training programs, the
department of talent and economic development shall expand
workforce training and re-employment services to better connect
workers to in-demand jobs.
(2) The department shall identify specific outcomes and
performance metrics for this initiative, including, but not limited
to, the following:
(a) New apprenticeships.
(b) The jobs created, jobs retained, training completion rate,
employment retention rate at 6 months, and hourly wage rate at 6
months for the skilled trades training program.
Sec. 880. (1) The talent investment agency shall extend the
interagency agreement with the department of health and human
services for the duration of the current fiscal year, which
concerns TANF funding to provide job readiness and welfare-to-work
programming. The interagency agreement shall include specific
outcome and performance reporting requirements as described in this
section. TANF funding provided to the talent investment agency in
the current fiscal year is contingent on compliance with the data
and reporting requirements described in this section. The
interagency agreement shall require the talent investment agency to
provide all of the following items for the previous year to the
senate and house appropriations committees by January 1 of the
current fiscal year:
(a) An itemized spending report on TANF funding, including all
of the following:
(i) Direct services to clients.
(ii) Administrative expenditures.
(b) The number of family independence program clients served
through the TANF funding, including all of the following:
(i) The number and percentage who obtained employment through
Michigan Works!
(ii) The number and percentage who fulfilled their TANF work
requirement through other job readiness programming.
(iii) Average TANF spending per client.
(iv) The number and percentage of clients who were referred to
Michigan Works! but did not receive a job or job readiness
placement and the reasons why.
(2) Not later than March 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 following matters itemized by Michigan Works! agency: the
number of referrals to Michigan Works! job readiness programs, the
number of referrals to Michigan Works! job readiness programs who
became a participant in the Michigan Works! job readiness programs,
the number of participants who obtained employment, and the cost
per participant case.
Sec. 881. (1) The one-time appropriation in part 1 for
community ventures - challenge match shall only be expended upon
commitment of matching dollars from private sources. For every
$1.00 the department receives from a private source for the
purposes of the community ventures – challenge match, the
department shall expend $1.00 from the one-time appropriation in
part 1, until exhaustion of the appropriation as well as up to
$1,000,000.00 in ongoing appropriations. Funds received from
private sources for the community ventures – challenge match are
appropriated and shall be expended for the purposes of the
community ventures program.
(2) The department shall identify specific outcomes and
performance measures for this initiative, including, but not
limited to, the following:
(a) The number of commitments from private sources, including
the dollar amount committed and source.
(b) Additional participants served with challenge funds.
(c) Jobs created and the average wage.
Sec. 882. (1) From the one-time funds appropriated in part 1
for statewide system for data integration, the department shall
establish new information technology systems to integrate data for
talent and pipeline development to track and report workforce
development activities and provide for sustained and expanded
longitudinal data analysis between state departments.
(2) The department shall identify specific outcomes and
performance metrics for this initiative, including, but not limited
to, the following:
(a) Job placements and retention at 6 months.
(b) Apprenticeships completed.
(c) Average wage.
DEPARTMENT OF TECHNOLOGY, MANAGEMENT, AND BUDGET
Sec. 901. (1) In addition to the funds appropriated in part 1,
there is appropriated an amount not to exceed $4,000,000.00 for
federal contingency funds. These funds are not available for
expenditure until they have been transferred to another line item
in part 1 under section 393(2) of the management and budget act,
1984 PA 431, MCL 18.1393.
(2) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $8,000,000.00 for state
restricted contingency funds. These funds are not available for
expenditure until they have been transferred to another line item
in part 1 under section 393(2) of the management and budget act,
1984 PA 431, MCL 18.1393.
(3) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $150,000.00 for local
contingency funds. These funds are not available for expenditure
until they have been transferred to another line item in part 1
under section 393(2) of the management and budget act, 1984 PA 431,
MCL 18.1393.
(4) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $100,000.00 for private
contingency funds. These funds are not available for expenditure
until they have been transferred to another line item in part 1
under section 393(2) of the management and budget act, 1984 PA 431,
MCL 18.1393.
Sec. 902. 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 of technology, management, and budget to offset costs
incurred in the acquisition and distribution of federal surplus
property. The department of technology, management, and budget
shall provide consolidated Internet auction services through the
state's contractors for all local units of government.
Sec. 903. (1) The department of technology, management, and
budget 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 of technology,
management, and budget.
(2) The department of technology, management, and budget 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 of technology, management, and budget 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 of technology, management, and budget 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. 904. (1) The source of financing in part 1 for statewide
appropriations shall be funded by assessments against longevity and
insurance appropriations throughout state government in a manner
prescribed by the department of technology, management, and budget.
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 of technology, management,
and budget 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. 905. To the extent a specific appropriation is required
for a detailed source of financing included in part 1 for the
department of technology, management, and budget appropriations
financed from special revenue and internal service and pension
trust funds, or MAIN user charges, the specific amounts are
appropriated within the special revenue internal service and
pension trust funds in portions not to exceed the aggregate amount
appropriated in part 1.
Sec. 906. In addition to the funds appropriated in part 1 to
the department of technology, management, and budget, 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 of technology,
management, and budget 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. 907. The source of financing in part 1 for the Michigan
administrative information network shall be funded by proportionate
charges assessed against the respective state funds benefiting from
this project in the amounts determined by the department.
Sec. 908. (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 of technology, management, and budget. 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 of technology,
management, and budget, for management and budget services from
building occupancy charges and parking charges, may be increased to
return excess revenue collected to state agencies.
Sec. 909. On a quarterly basis, the department of technology,
management, and budget shall notify the chairpersons of the senate
and house of representatives standing committees on appropriations,
the chairpersons of the senate and house of representatives
standing committees on appropriations subcommittees on general
government, the house and senate fiscal agencies, and the state
budget director on any revisions that increase or decrease current
contracts by more than $500,000.00 for computer software
development, hardware acquisition, or quality assurance.
Sec. 910. The department of technology, management, and budget
shall maintain an Internet website that contains notice of all
invitations for bids and requests for proposals over $50,000.00
issued by the department or by any state agency operating under
delegated authority. The department shall not accept an invitation
for bid or request for proposal in less than 14 days after the
notice is made available on the Internet website, except in
situations where it would be in the best interest of the state and
documented by the department. In addition to the requirements of
this section, the department may advertise the 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 make bids or requests for
proposals.
Sec. 911. The department of technology, management, and budget
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. 912. 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. 913. (1) Funds in part 1 for motor vehicle fleet are
appropriated to the department of technology, management, and
budget for administration and for the acquisition, lease,
operation, maintenance, repair, replacement, and disposal of state
motor vehicles.
(2) The appropriation in part 1 for motor vehicle fleet shall
be funded by revenue from rates charged to principal executive
departments and agencies for utilizing vehicle travel services
provided by the department. Revenue in excess of the amount
appropriated in part 1 from the motor transport fund and any
unencumbered funds are restricted revenues and may be carried over
into the succeeding fiscal year.
(3) Pursuant to the department of technology, management, and
budget's authority under sections 213 and 215 of the management and
budget act, 1984 PA 431, MCL 18.1213 and 18.1215, the department
shall maintain a plan regarding the operation of the motor vehicle
fleet. The plan shall include the number of vehicles assigned to,
or authorized for use by, state departments and agencies, efforts
to reduce travel expenditures, the number of cars in the motor
vehicle fleet, the number of miles driven by fleet vehicles, and
the number of gallons of fuel consumed by fleet vehicles. The plan
shall include a calculation of the amount of state motor vehicle
fuel taxes that would have been incurred by fleet vehicles if fleet
vehicles were required by law to pay motor fuel taxes. The plan
shall include a description of fleet garage operations, the goods
sold and services provided by the fleet garage, the cost to operate
the fleet garage, the number of fleet garage locations, and the
number of employees assigned to each fleet garage. The plan may be
adjusted during the fiscal year based on needs and cost savings to
achieve the maximum value and efficiency from the state motor
fleet. Within 60 days after the close of the fiscal year, the
department shall provide a report to the senate and house of
representatives standing committees on appropriations, the senate
and house fiscal agencies, and the state budget director detailing
the current plan and changes made to the plan during the fiscal
year.
(4) The department of technology, management, and budget may
charge state agencies for fuel cost increases that exceed $3.04 per
gallon of unleaded gasoline. The department shall notify state
agencies, in writing or by electronic mail, at least 30 days before
implementing additional charges for fuel cost increases. Revenues
received from these charges are appropriated upon receipt.
(5) The state budget director, upon notification to the senate
and house of representatives standing committees on appropriations,
may adjust spending authorization and the IDG from motor transport
fund in the department of technology, management, and budget in
order to ensure that the appropriations for motor vehicle fleet in
the department budget equal the expenditures for motor vehicle
fleet in the budgets for all executive branch agencies.
Sec. 914. The department of technology, management, and budget
shall develop a plan regarding the use of the funds appropriated in
part 1 for the enterprisewide information technology investment
projects. The plan shall include, but not be limited to, a
description of proposed information technology investment projects,
the time frame for completion of the information technology
investment projects, the proposed cost of the information
technology investment projects, the number of employees assigned to
implement each information technology investment project, the
contracts entered into for each information technology investment
project, and any other information the department deems necessary.
The plan shall be distributed to the senate and house of
representatives standing committees on appropriations subcommittees
on general government, 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 of technology, management, and budget 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. 914a. The funds appropriated in part 1 for information
technology investment projects shall be used for the modernization
of state information technology systems, improvement of the state's
cyber security framework, and to achieve efficiencies.
Sec. 916. An RFP issued for the purpose of privatization shall
include all factors used in evaluating and determining price.
Sec. 918. In addition to the funds appropriated in part 1, the
department of technology, management, and budget 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. 920. 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. 921. The department of technology, management, and budget
shall annually update the office space consolidation project plan,
including the use of the funds appropriated pursuant to
2012 PA 200 for the space consolidation fund. By February 15, the
department shall report to the senate and house of representatives
committees on appropriations subcommittees on general government
and the senate and house fiscal agencies on the revised plan and
plan implementation. The report shall include, but is not limited
to, the description of the proposed office space to be
consolidated, the time frame for completion of the office space
consolidation, the proposed itemized cost of the office space
consolidation, the number of employees assigned to implement the
office space consolidation, the contracts entered into for the
office space consolidation, information on completed projects,
anticipated savings, savings achieved, and any other information
the department deems necessary.
Sec. 922. The department of technology, management, and budget
shall compile a report by January 1 pertaining to the salaries of
unclassified employees, as well as gubernatorial appointees, within
all state departments and agencies. The report shall enumerate each
unclassified employee and gubernatorial appointee and his or her
annual salary individually. The report shall be distributed to the
chairs of the senate and house of representatives standing
committees on appropriations subcommittees on general government,
as well as the senate and house fiscal agencies and be made
available electronically.
Sec. 922b. (1) A public-private partnership investment fund is
created in MDTMB. Subject to subsections (2) and (3), public-
private partnership investments shall include, but are not limited
to, all of the following:
(a) Capital asset improvements including buildings, land, or
structures.
(b) Energy resource exploration, extraction, generation, and
sales.
(c) Financial and investment incentive opportunities.
(d) Infrastructure construction, maintenance, and operation.
(e) Public-private sector joint ventures that provide economic
benefit to an area or to the state.
(2) Public-private investments shall not include projects,
consultant expenses, staff effort, or any other activity related to
the development, financing, construction, operation, or
implementation of the Detroit River International Crossing or any
successor project unless the project is approved by the legislature
and signed into law.
(3) The state budget director shall determine whether or not a
specific public-private partnership investment opportunity
qualifies for funding under subsection (1).
(4) Investment development revenue, including a portion of the
proceeds from the sale of any public-private partnership investment
designated in subsection (1), shall be deposited into the fund
created in subsection (1) and shall be available for
administration, development, financing, marketing, and operating
expenditures associated with public-private partnerships, unless
otherwise provided by law. Public-private partnership investments
authorized in subsection (1) are authorized for public or private
operation or sale consistent with state law. Expenditures from the
fund are authorized for investment purposes as designated in
subsection (1) to enhance the marketable value of each investment.
The unencumbered balance remaining in the fund at the end of the
fiscal year may be carried forward for appropriation in future
years.
(5) An annual report shall be transmitted to the senate and
house of representatives standing committees on appropriations, the
senate and house fiscal agencies, and the state budget office not
later than December 31 of each year. This report shall detail both
of the following:
(a) The revenue and expenditure activity in the fund for the
preceding fiscal year.
(b) Public-private partnership investments as identified under
subsection (1).
(6) MDTMB shall monitor the revenue deposited in the public-
private partnership investment fund created in subsection (1). If
the revenue in the fund is insufficient to pay the amount
appropriated in part 1 for public-private partnership investment,
then MDTMB shall propose a legislative transfer to fund the line
from the appropriations in part 1.
Sec. 922c. The funds appropriated in part 1 shall not be used
to support any staff effort, projects, consultant expenses, or any
other activity related to the development, financing, construction,
operation, or implementation of the Detroit River International
Crossing or any successor project unless the project is approved by
the legislature and signed into law.
Sec. 922d. By December 31, 2016, the department shall provide
a report to the senate and house appropriations subcommittees on
general government and the senate and house fiscal agencies that
identifies fee and rate schedules to be used by state departments
and agencies for services, including information technology,
provided by the department during fiscal year 2016-2017. The report
shall also identify changes from fees and rates charged in fiscal
year 2015-2016 and include an explanation of the factors that
justify each fee and rate increase.
Sec. 922e. Total authorized appropriations from all sources
under part 1 for legacy costs for the fiscal year ending September
30, 2017 are $78,962,000.00. From this amount, total agency
appropriations for pension-related legacy costs are estimated at
$43,795,600.00. Total agency appropriations for retiree health care
legacy costs are estimated at $35,166,400.00.
Sec. 922g. The department of technology, management, and
budget shall report by April 1 to 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.
Sec. 922i. (1) From the funds appropriated in part 1, the
department shall assure all of the following:
(a) That public schools that are placed in the state school
reform/redesign school district or under a chief executive officer
under section 1280c of the revised school code, 1976 PA 451, MCL
380.1280c, remain in compliance with all applicable state and
federal law concerning special education.
(b) That students at public schools described in subdivision
(a) with individualized education programs are afforded special
education services in accordance with applicable state and federal
law concerning special education.
(2) The department shall report to the legislature on the
number of students in public schools described in subsection (1)(a)
who have an individualized education program and the performance
results of those students after the change in governance of the
public school.
Sec. 922j. From the funds appropriated in part 1 for the
office of good government, the department of technology,
management, and budget shall expand the scope of the office of good
government. The purpose of this program expansion is to broaden the
office's support of transformative good government initiatives
related to employee engagement and process improvement.
Sec. 922k. From the funds appropriated in part 1 for the
public safety officers survivor benefits program, an amount not to
exceed $58,000.00 shall be allocated to cover the costs of enhanced
survivor benefits for local public safety officers as prescribed in
Enrolled Senate Bill No. 218 of the 98th Legislature.
Sec. 922l. 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
will be recorded and used to determine future contracts awarded in
the procurement process.
Sec. 922m. (1) From the funds appropriated in part 1, with the
exception of subsection (2), the department of technology,
management, and budget shall establish a publicly accessible portal
on the department webpage that displays all open bids for all
departments.
(2) The department of technology, management, and budget may
determine that open bids remain viewable to only certified vendors
if it is determined that the contract proposal contains high-
security or sensitive information.
(3) The department of technology, management, and budget shall
make open bids available for public viewing by no later than
February 15, 2017. The department of technology, management, and
budget shall notify the state budget director, senate, and house of
representatives when contract proposals are viewable to the public.
The department of technology, management, and budget shall annually
disclose the number of bids that are determined to not be viewable
to the public under subsection (2) for the immediately preceding
fiscal year.
Sec. 922n. From the funds appropriated in part 1 for the
school reform office, the office shall make an effort to coordinate
with the department of education to streamline state services and
resources, reduce duplication, and increase efficiency.
Sec. 922o. From the funds appropriated in part 1 for the
school reform office, the office shall perform 1 public hearing in
the school district of a school that the office is considering for
appointment of a CEO or dissolution. The office shall give notice
to the district prior to the public hearing. The public hearing
shall include an outline of the plan for academic improvement for
the school in consideration and a projected time frame of the
office's involvement with the school.
INFORMATION TECHNOLOGY
Sec. 923. (1) The department of technology, management, and
budget 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 of technology, management, and budget 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 of technology,
management, and budget may reject any gift, donation, contribution,
bequest, or grant.
(3) Funds accepted by the department of technology,
management, and budget under subsection (1) or (2) are appropriated
and allotted when received and may be expended upon approval of the
state budget director. The state budget office shall notify the
senate and house of representatives standing committees on
appropriations subcommittees on general government and the senate
and house fiscal agencies within 10 days after the approval is
given.
Sec. 924. The department of technology, management, and budget
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 of technology, management, and budget 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 of technology, management, and
budget may expend amounts received for salaries, supplies, and
equipment necessary to provide informational products and technical
services. Prior to December 1 of each year, the department shall
provide a report to the senate and house of representatives
standing committees on appropriations subcommittees on general
government and the state budget director, detailing the sources of
funding and expenditures made under this section.
Sec. 925. The legislature shall have access to all historical
and current data contained within MAIN pertaining to state
departments. State departments shall have access to all historical
and current data contained within MAIN.
Sec. 926. 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. 927. (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 of technology, management, and budget shall
assess all subscribers of the Michigan public safety communications
system reasonable access and maintenance fees and deposit the fees
in the Michigan public safety communications systems fees fund.
(3) All money received by the department of technology,
management, and budget under this section shall be expended for the
support and maintenance of the Michigan public safety
communications system.
(4) The department of technology, management, and budget shall
provide a report to the senate and house of representatives
standing committees on appropriations, the senate and house fiscal
agencies, and the state budget director on April 15, indicating the
amount of revenue collected under this section and expended for
support and maintenance of the Michigan public safety
communications 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. 928. The department of technology, management, and budget
shall submit a report for the immediately preceding fiscal year
ending September 30 to the senate and house of representatives
standing committees on appropriations subcommittees on general
government and the senate and house fiscal agencies by March 1. The
report shall include the following:
(a) The total amount of funding appropriated for information
technology services and projects, by funding source, for all
principal executive departments and agencies.
(b) A listing of the expenditures made from the amounts
received by the department of technology, management, and budget as
reported in subdivision (a).
Sec. 929. The department of technology, management, and budget
shall provide a report that analyzes and makes recommendations on
the life-cycle of information technology hardware and software. The
report shall be submitted to the senate and house of
representatives standing committees on appropriations subcommittees
on general government and the senate and house fiscal agencies by
March 1.
Sec. 930. By December 31, the department shall provide a
report that lists all information technology-related change orders
and follow-on contracts, greater than $50,000.00, whether they are
bid, exercise options, or no-bid, and the amount of each change
order or contract extension contract entered into by the department
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.
Sec. 931. (1) The information, communications, and technology
innovation fund, established pursuant to 2011 PA 63, 2012 PA 200,
and 2013 PA 59, shall be administered by the department of
technology, management, and budget for the purpose of providing a
revolving, self-sustaining resource for financing information,
communications, and technology innovation projects. From the funds
appropriated to the information, communications, and technology
innovation fund by 2011 PA 63, 2012 PA 200, and 2013 PA 59, or
received by the information, communications, and technology
innovation fund under subsections (2) and (3), the department of
technology, management, and budget may issue loans to state
agencies, local units of government, colleges and universities in
this state, school districts, other public entities that provide
public sector services, and nonprofit organizations that provide
public sector services, as determined by the department of
technology, management, and budget in support of information,
communications, and technology innovation projects.
(2) In addition to funds appropriated by 2011 PA 63, 2012 PA
200, and 2013 PA 59, the information, communications, and
technology innovation fund may accept contributions, gifts,
bequests, devises, grants, and donations.
(3) In addition to the funds appropriated by 2011 PA 63, 2012
PA 200, and 2013 PA 59, money received by the department of
technology, management, and budget as repayment of information,
communications, and technology innovation project loans, or other
reimbursement or revenue received by the department of technology,
management, and budget as a result of information, communications,
and technology innovation project loans, interest earned on that
money, or subsection (2) revenue, shall be deposited in the
information, communications, and technology innovation fund and is
appropriated for information, communications, and technology
innovation fund projects described in subsection (1). At the close
of the fiscal year, any unencumbered funds remaining in the
information, communications, and technology innovation fund shall
remain in the fund and be carried forward into the succeeding
fiscal year.
(4) This section is not effective if legislation is enacted
that creates and provides for the administration and use of the
information, communications, and technology innovation fund.
Sec. 932. (1) The department of technology, management, and
budget shall inform the senate and house appropriations
subcommittees on general government and the senate and house fiscal
agencies within 30 days of any potential or actual penalties
assessed by the federal government for failure of the Michigan
child support enforcement system to achieve certification by the
federal government.
(2) If potential penalties are assessed by the federal
government, the department of technology, management, and budget
shall submit a report to the senate and house appropriations
subcommittees on general government and the senate and house fiscal
agencies within 90 days specifying the department's plans to avoid
actual penalties and ensure federal certification of the Michigan
child support enforcement system.
Sec. 933. (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 of technology, management, and budget in order to
ensure that the appropriations for information technology in the
department budget equal the appropriations for information
technology in the budgets for all executive branch agencies.
(2) If during the course of the fiscal year a transfer or
supplemental to or from the information technology line item within
an agency budget is made under section 393 of the management and
budget act, 1984 PA 431, MCL 18.1393, there is appropriated an
equal amount of user fees in the department of technology,
management, and budget budget to accommodate an increase or
decrease in spending authorization.
Sec. 934. (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 of technology, management, and budget. 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. 935. In addition to the funds appropriated in part 1, the
funds collected by the department for supplying census-related
information and technical services, publications, statistical
studies, population projections and estimates, and other
demographic products are appropriated for all expenses necessary to
provide the required services. These funds are available for
expenditure when they are received and may be carried forward into
the next succeeding fiscal year.
Sec. 936. From the increased funds appropriated in part 1 for
the information technology investment fund, the department of
technology, management, and budget shall provide for the
modernization of state information technology systems, and
integrate state system interfaces to improve customer service.
Sec. 937. From the funds appropriated in part 1 for cyber
security improvements, the department shall increase cyber security
information technology investment projects in the current fiscal
year. The purpose of this program expansion will be to provide
cyber security enhancements for network security improvements,
development of a comprehensive security framework and asset
security program, implementation of an enterprise-wide data loss
prevention process and governance, risk and compliance program, and
development of security dashboards and security reporting
processes.
Sec. 938. From the increased funds appropriated in part 1 for
enterprise identity management, the department shall expand the
enterprise identity management program in the current fiscal year.
The purpose of this program expansion is to provide an enterprise-
wide single sign-on and identity management tool to establish,
manage, and authenticate user identities for state information
technology systems.
Sec. 939. From the funds appropriated in part 1 for office of
retirement services ongoing support of technology, the department
shall expand the office of retirement services' information
technology capability in the current fiscal year. The purpose of
this new program or program expansion is to provide a 90% customer
contact satisfaction level.
STATE BUILDING AUTHORITY RENT
Sec. 942. (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. 950. (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. 951. 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. 952. 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. 960. As used in sections 861 through 867:
(a) "Board" means the state administrative board.
(b) "Community college" means a community college organized
under the community college act of 1966, 1966 PA 331, MCL 389.1 to
389.195, or under part 25 of the revised school code, 1976 PA 451,
MCL 380.1601 to 380.1607, and does not include a state agency or
university.
(c) "Department" means the department of technology,
management, and budget.
(d) "Director" means the director of the department of
technology, management, and budget.
(e) "Fiscal agencies" means the senate fiscal agency and the
house fiscal agency.
(f) "State agency" means an agency of state government. State
agency does not include a community college or university.
(g) "State building authority" means the authority created
under 1964 PA 183, MCL 830.411 to 830.425.
(h) "University" means a 4-year university supported by the
state. University does not include a community college or a state
agency.
Sec. 961. 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. 962. (1) The department shall provide the JCOS, state
budget director, and the senate and house fiscal agencies with
reports as considered necessary relative to the status of each
planning or construction project financed by the state building
authority, by this part and part 1, or by previous acts.
(2) Before the end of each fiscal year, the department shall
report to the JCOS, state budget director, and the senate and house
fiscal agencies for each capital outlay project other than lump
sums all of the following:
(a) The account number and name of each construction project.
(b) The balance remaining in each account.
(c) The date of the last expenditure from the account.
(d) The anticipated date of occupancy if the project is under
construction.
(e) The appropriations history for the project.
(f) The professional service contractor.
(g) The amount of the project financed with federal funds.
(h) The amount of the project financed through the state
building authority.
(i) The total authorized cost for the project and the state
authorized share if different than the total.
(3) Before the end of each fiscal year, the department shall
report the following for each project by a state agency,
university, or community college that is authorized for planning
but is not yet authorized for construction:
(a) The name of the project and account number.
(b) Whether a program statement is approved.
(c) Whether schematics are approved by the department.
(d) Whether preliminary plans are approved by the department.
(e) The name of the professional service contractor.
(4) As used in this section, "project" includes appropriation
line items made for purchase of real estate.
Sec. 964. 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. 965. (1) A site preparation economic development fund is
created in the department. As used in this section, "economic
development sites" means those state-owned sites declared as
surplus property pursuant to section 251 of the management and
budget act, 1984 PA 431, MCL 18.1251, that would provide economic
benefit to the area or to the state. The Michigan economic
development corporation board and the state budget director shall
determine whether or not a specific state-owned site qualifies for
inclusion in the fund created under this subsection.
(2) Proceeds from the sale of any sites designated in
subsection (1) shall be deposited into the fund created in
subsection (1) and shall be available for site preparation
expenditures, unless otherwise provided by law. The economic
development sites authorized in subsection (1) are authorized for
sale consistent with state law. Expenditures from the fund are
authorized for site preparation activities that enhance the
marketable sale value of the sites. Site preparation activities
include, but are not limited to, demolition, environmental studies
and abatement, utility enhancement, and site excavation.
(3) A cash advance in an amount of not more than
$25,000,000.00 is authorized from the general fund to the site
preparation economic development fund.
(4) An annual report shall be transmitted to the senate and
house of representatives standing committees on appropriations not
later than December 31 of each year. This report shall detail both
of the following:
(a) The revenue and expenditure activity in the fund for the
preceding fiscal year.
(b) The sites identified as economic development sites under
subsection (1).
Sec. 967. Proceeds from the sale of the Farnum Building shall
be subsequently appropriated to the department in accordance with
any legislation enacted that authorizes the sale of that property.
If the net proceeds from the sale of the Farnum Building are less
than the $7,000,000.00 authorized for senate relocation costs in
section 896 of article VIII of 2014 PA 252, an amount equal to the
difference between the net sale proceeds and $7,000,000.00 shall be
appropriated by the legislature to the department.
CAPITAL OUTLAY - UNIVERSITIES AND COMMUNITY COLLEGES
Sec. 973. (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. 974. 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. 975. (1) The director may require that community colleges
and universities that have an authorized project listed in part 1
submit documentation regarding the project match and governing
board approval of the authorized project not more than 60 days
after the beginning of the fiscal year.
(2) If the documentation required by the director under
subsection (1) is not submitted, or does not adequately
authenticate the availability of the project match or board
approval of the authorized project, the authorization may
terminate. The authorization terminates 30 days after the director
notifies the JCOS of the intent to terminate the project unless the
JCOS convenes to extend the authorization.
DEPARTMENT OF TREASURY
OPERATIONS
Sec. 1001. (1) In addition to the funds appropriated in part
1, there is appropriated an amount not to exceed $1,000,000.00 for
federal contingency funds. These funds are not available for
expenditure until they have been transferred to another line item
in part 1 under section 393(2) of the management and budget act,
1984 PA 431, MCL 18.1393.
(2) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $10,000,000.00 for state
restricted contingency funds. These funds are not available for
expenditure until they have been transferred to another line item
in part 1 under section 393(2) of the management and budget act,
1984 PA 431, MCL 18.1393.
(3) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $200,000.00 for local
contingency funds. These funds are not available for expenditure
until they have been transferred to another line item in part 1
under section 393(2) of the management and budget act, 1984 PA 431,
MCL 18.1393.
(4) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $40,000.00 for private
contingency funds. These funds are not available for expenditure
until they have been transferred to another line item in part 1
under section 393(2) of the management and budget act, 1984 PA 431,
MCL 18.1393.
Sec. 1002. (1) Amounts needed to pay for interest, fees,
principal, mandatory and optional redemptions, arbitrage rebates as
required by federal law, and costs associated with the payment,
registration, trustee services, credit enhancements, and issuing
costs in excess of the amount appropriated to the department of
treasury in part 1 for debt service on notes and bonds that are
issued by the state under sections 14, 15, and 16 of article IX of
the state constitution of 1963 as implemented by 1967 PA 266, MCL
17.451 to 17.455, are appropriated.
(2) In addition to the amount appropriated to the department
of treasury for debt service in part 1, there is appropriated an
amount for fiscal year cash-flow borrowing costs to pay for
interest on interfund borrowing made under 1967 PA 55, MCL 12.51 to
12.53.
(3) In addition to the amount appropriated to the department
of treasury for debt service in part 1, there is appropriated all
repayments received by the state on loans made from the school bond
loan fund not required to be deposited in the school loan revolving
fund by or pursuant to section 4 of 1961 PA 112, MCL 388.984, to
the extent determined by the state treasurer, for the payment of
debt service, including, without limitation, optional and mandatory
redemptions, on bonds, notes or commercial paper issued by the
state pursuant to 1961 PA 112, MCL 388.981 to 388.985.
Sec. 1002a. The department of treasury shall notify the senate
and house of representatives standing committees on appropriations,
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. 1003. (1) From the funds appropriated in part 1, the
department of treasury may contract with private collection
agencies and law firms to collect taxes and other accounts due this
state. In addition to the amounts appropriated in part 1 to the
department of treasury, there are appropriated amounts necessary to
fund collection costs and fees not to exceed 25% of the collections
or 2.5% plus operating costs, whichever amount is prescribed by
each contract. The appropriation to fund collection costs and fees
for the collection of taxes or other accounts due this state are
from the fund or account to which the revenues being collected are
recorded or dedicated. However, if the taxes collected are
constitutionally dedicated for a specific purpose, the
appropriation of collection costs and fees are from the general
purpose account of the general fund.
(2) From the funds appropriated in part 1, the department of
treasury may contract with private collections agencies and law
firms to collect defaulted student loans and other accounts due the
Michigan guaranty agency. In addition to the amounts appropriated
in part 1 to the department of treasury, there are appropriated
amounts necessary to fund collection costs and fees not to exceed
24.34% of the collection or a lesser amount as prescribed by the
contract. The appropriation to fund collection costs and fees for
the auditing and collection of defaulted student loans due the
Michigan guaranty agency is from the fund or account to which the
revenues being collected are recorded or dedicated.
(3) The department of treasury shall submit a report for the
immediately preceding fiscal year ending September 30 to the state
budget director and the senate and house of representatives
standing committees on appropriations not later than November 30
stating the agencies or law firms employed, the amount of
collections for each, the costs of collection, and other pertinent
information relating to determining whether this authority should
be continued.
Sec. 1004. (1) The department of treasury, through its bureau
of investments, may charge an investment service fee against the
applicable retirement funds. The fees may be expended for necessary
salaries, wages, contractual services, supplies, materials,
equipment, travel, worker's compensation insurance premiums, and
grants to the civil service commission and state employees'
retirement funds. Service fees shall not exceed the aggregate
amount appropriated in part 1. The department of treasury shall
maintain accounting records in sufficient detail to enable the
retirement funds to be reimbursed periodically for fee revenue that
is determined by the department of treasury to be surplus.
(2) In addition to the funds appropriated in part 1 from the
retirement funds to the department of treasury, there is
appropriated from retirement funds an amount sufficient to pay for
the services of money managers, investment advisors, investment
consultants, custodians, and other outside professionals, the state
treasurer considers necessary to prudently manage the retirement
funds' investment portfolios. The state treasurer shall report
annually to the senate and house of representatives standing
committees on appropriations and the state budget office concerning
the performance of each portfolio by investment advisor.
Sec. 1004a. (1) There is appropriated an amount sufficient to
recognize and pay expenditures for financial services provided by
financial institutions as provided under section 1 of 1861 PA 111,
MCL 21.181.
(2) The appropriations under subsection (1) shall be funded by
restricting revenues from common cash interest earnings and
investment earnings in an amount sufficient to record these
expenditures. If the amounts of common cash interest earnings are
insufficient to cover these costs, then miscellaneous revenues
shall be used to fund the remaining balance of these expenditures.
Sec. 1005. A revolving fund known as the municipal finance fee
fund is created in the department of treasury. Fees are established
under the revised municipal finance act, 2001 PA 34, MCL 141.2101
to 141.2821, and the fees collected shall be credited to the
municipal finance fee fund and may be carried forward for future
appropriation.
Sec. 1006. (1) The department of treasury shall charge for
audits as permitted by state or federal law or under contractual
arrangements with local units of government, other principal
executive departments, or state agencies. However, the charge shall
not be more than the actual cost for performing the audit. A report
detailing audits performed and audit charges for the immediately
preceding fiscal year shall be submitted to the state budget
director and the senate and house fiscal agencies not later than
November 30.
(2) A revolving fund known as the audit charges fund is
created in the department of treasury. The contractual charges
collected shall be credited to the audit charges fund and may be
carried forward for future appropriation.
Sec. 1007. A revolving fund known as the assessor
certification and training fund is created in the department of
treasury. The assessor certification and training fund shall be
used to organize and operate a property assessor certification and
training program. Each participant certified and trained shall pay
to the department of treasury examination fees not to exceed $50.00
per examination and certification fees not to exceed $175.00.
Training courses shall be offered in assessment administration.
Each participant shall pay a fee to cover the expenses incurred in
offering the optional programs to certified assessing personnel and
other individuals interested in an assessment career opportunity.
The fees collected shall be credited to the assessor certification
and training fund.
Sec. 1008. The amount appropriated in part 1 to the department
of treasury, home heating assistance program, is to cover the
costs, including data processing, of administering federal home
heating credits to eligible claimants and to administer the
supplemental fuel cost payment program for eligible tax credit and
welfare recipients.
Sec. 1009. 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. 1010. The disbursement by the department of treasury from
the bottle deposit fund to dealers as required by section 3c(2) of
1976 IL 1, MCL 445.573c, is appropriated.
Sec. 1011. (1) There is appropriated an amount sufficient to
recognize and pay refundable income tax credits as provided by the
management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594.
(2) The appropriations under subsection (1) shall be funded by
restricting income tax revenue in an amount sufficient to record
these expenditures.
Sec. 1012. 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. 1013. (1) The department of treasury may contract with
private firms to appraise and, if necessary, appeal the assessments
of senior citizen cooperative housing units. Payment for this
service shall be from savings resulting from the appraisal or
appeal process.
(2) Of the funds appropriated in part 1 to the department of
treasury for the senior citizens' cooperative housing tax exemption
program, a portion may be utilized for a program audit of the
program. The department of treasury shall forward copies of any
audit report completed to the senate and house of representatives
standing committees on appropriations subcommittees on general
government and to the state budget office. The department of
treasury may utilize up to 1% of the funds for program
administration and auditing.
Sec. 1014. The department of treasury may provide a $200.00
annual prize from the Ehlers internship award account in the gifts,
bequests, and deposit fund to the runner-up of the Rosenthal prize
for interns. The Ehlers internship award account is interest
bearing.
Sec. 1015. 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 2015. 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. 1016. The department of treasury may make available to
interested entities otherwise unavailable customized unclaimed
property listings of nonconfidential information in its possession.
The charge for this information is as follows: 1 to 100,000 records
at 2.5 cents per record and 100,001 or more records at .5 cents per
record. The revenue received from this service shall be deposited
to the appropriate revenue account or fund. The department shall
submit an annual report on or before June 1 to the state budget
director and the senate and house of representatives standing
committees on appropriations that states the amount of revenue
received from the sale of information.
Sec. 1017. (1) There is appropriated for write-offs and
advances an amount equal to total write-offs and advances for
departmental programs, but not to exceed current year
authorizations that would otherwise lapse to the general fund.
(2) The department of treasury shall submit a report for the
immediately preceding fiscal year to the state budget director and
the senate and house fiscal agencies not later than November 30
stating the amounts appropriated for write-offs and advances under
subsection (1).
Sec. 1019. (1) From funds appropriated in part 1, the
department of treasury may contract with private auditing firms to
audit for and collect unclaimed property due this state in
accordance with the uniform unclaimed property act, 1995 PA 29, MCL
567.221 to 567.265. In addition to the amounts appropriated in part
1 to the department of treasury, there are appropriated amounts
necessary to fund auditing and collection costs and fees not to
exceed 12% of the collections, or a lesser amount as prescribed by
the contract. The appropriation to fund collection costs and fees
for the auditing and collection of unclaimed property due this
state is from the fund or account to which the revenues being
collected are recorded or dedicated.
(2) The department of treasury shall submit a report for the
immediately preceding fiscal year ending September 30 to the state
budget director and the senate and house of representatives
standing committees on appropriations not later than November 30
stating the auditing firms employed, the amount of collections for
each, the costs of collection, and other pertinent information
relating to determining whether this authority should be continued.
Sec. 1024. (1) In addition to the funds appropriated in part
1, the department of treasury may receive and expend principal
residence audit fund revenue for administration of principal
residence audits under the general property tax act, 1893 PA 206,
MCL 211.1 to 211.155.
(2) The department of treasury shall submit a report for the
immediately preceding fiscal year to the state budget director and
the senate and house fiscal agencies not later than December 31
stating the amount of exemptions denied and the revenue received
under the program.
Sec. 1026. Unexpended appropriations of the John R. Justice
grant program are designated as work project appropriations and
shall not lapse at the end of the fiscal year and shall continue to
be available for expenditure until the project has been completed.
The following is in compliance with section 451a of the management
and budget act, 1984 PA 431, MCL 18.1451a:
(a) The purpose of the project is to provide student loan
forgiveness to qualified public defenders and prosecutors.
(b) The project will be accomplished by utilizing state
employees or contracts with private vendors, or both.
(c) The total estimated cost of the project is $287,700.00.
(d) The tentative completion date is September 30, 2017.
Sec. 1027. The department of treasury shall submit annual
progress reports to the senate and house of representatives
standing committees on appropriations subcommittees on general
government and the senate and house fiscal agencies, regarding
personal property tax audits. The report shall include the number
of audits, revenue generated, and number of complaints received by
the department related to the audits.
Sec. 1028. The department of treasury may provide receipt,
warrant and cash processing, data, collection, investment, fiscal
agent, levy and warrant cost assessment, writ of garnishment, and
other user services on a contractual basis for other principal
executive departments and state agencies. Funds for the services
provided are appropriated and shall be expended for salaries and
wages, fees, supplies, and equipment necessary to provide the
services. Any unobligated balance of the funds received shall
revert to the general fund of this state as of September 30.
Sec. 1030. (1) The department of treasury shall provide
accounts receivable collections services to other principal
executive departments and state agencies under 1927 PA 375, MCL
14.131 to 14.134. The department of treasury shall deduct a fee
equal to the cost of collections from all receipts except
unrestricted general fund collections. Fees shall be credited to a
restricted revenue account and appropriated to the department of
treasury to pay for the cost of collections. The department of
treasury shall maintain accounting records in sufficient detail to
enable the respective accounts to be reimbursed periodically for
fees deducted that are determined by the department of treasury to
be surplus to the actual cost of collections.
(2) The department of treasury shall submit a report for the
immediately preceding fiscal year to the state budget director and
the senate and house fiscal agencies not later than November 30
stating the principal executive departments and state agencies
served, funds collected, and costs of collection under subsection
(1).
Sec. 1031. (1) The appropriation in part 1 to the department
of treasury for treasury fees shall be assessed against all
restricted funds that receive common cash earnings or other
investment income. Treasury fees include all costs, including
administrative overhead, relating to the investment of each
restricted fund. The fee assessed against each restricted fund will
be based on the size of the restricted fund (the absolute value of
the average daily cash balance plus the market value of investments
in the prior fiscal year) and the level of effort necessary to
maintain the restricted fund as required by each department. The
department of treasury shall provide a report to the state budget
director, the senate and house of representatives standing
committees on appropriations subcommittees on general government,
and the senate and house fiscal agencies by November 30 of each
year identifying the fees assessed against each restricted fund and
the methodology used for assessment.
(2) In addition to the funds appropriated in part 1, the
department of treasury may receive and expend investment fees
relating to new restricted funding sources that participate in
common cash earnings or other investment income during the current
fiscal year. When a new restricted fund is created starting on or
after October 1, that restricted fund shall be assessed a fee using
the same criteria identified in subsection (1).
Sec. 1032. 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. 1034. (1) The department of treasury may expend revenues
received under the hospital finance authority act, 1969 PA 38, MCL
331.31 to 331.84, the shared credit rating act, 1985 PA 227, MCL
141.1051 to 141.1076, the higher education facilities authority
act, 1969 PA 295, MCL 390.921 to 390.934, the Michigan public
educational facilities authority, Executive Reorganization Order
No. 2002-3, MCL 12.192, the Michigan tobacco settlement finance
authority act, 2005 PA 226, MCL 129.261 to 129.279, the land bank
fast track act, 2003 PA 258, MCL 124.751 to 124.774, part 505 of
the natural resources and environmental protection act, 1994 PA
451, MCL 324.50501 to 324.50522, the state housing development
authority act of 1966, 1966 PA 346, MCL 125.1401 to 125.1499c, and
the Michigan finance authority, Executive Reorganization Order No.
2010-2, MCL 12.194, for necessary salaries, wages, supplies,
contractual services, equipment, worker's compensation insurance
premiums, grants to the civil service commission and state
employees' retirement fund, and other expenses as allowed under
those acts.
(2) The department of treasury shall report by January 31 to
the senate and house appropriations subcommittees, the senate and
house fiscal agencies, and the state budget director on the amount
and purpose of expenditures made under subsection (1) from funds
received in addition to those appropriated in part 1. The report
shall also include a listing of reimbursement of revenue, if any.
The report shall cover the previous fiscal year.
Sec. 1035. The funds appropriated in part 1 for dual
enrollment payments for an eligible student enrolled in a state-
approved nonpublic school shall be distributed as provided under
the postsecondary enrollment options act, 1996 PA 160, MCL 388.511
to 388.524, and the career and technical preparation act, 2000 PA
258, MCL 388.1901 to 388.1913, in a form and manner as determined
by the department of treasury.
Sec. 1036. (1) From the one-time funds appropriated in part 1
for student loan delinquency counseling, the department shall
request competitive proposals from service providers interested in
piloting student loan delinquency counseling services for Michigan
student loan borrowers. The competitive proposal for the pilot
shall include all of the following:
(a) Provide 1-on-1 student loan counseling assistance and
financial educational services for interested individuals who are
delinquent on their student loan payments. This counseling shall
ensure that more individuals know about their student loan payment
options and that borrowers have access to budgeting assistance and
comprehensive debt management programs.
(b) Require that borrowers voluntarily opt into student loan
delinquency counseling.
(c) Promote service through statement inserts, electronic
mails, or mailings, or through participating loan servicers or
colleges and universities.
(d) Pilot the services for no more than 3 years.
(e) Provide the department with the information necessary for
reporting requirements to use for evaluation of the program.
(f) Be able to begin the pilot by January 2, 2017.
(2) The department shall release the RFP by October 3 with a
due date of November 4. During this time, the department shall have
a question-and-answer event with prospective providers 2 weeks
before proposals are due. The department shall select and notify
the awarded vendor no later than 1 month after the RFP due date.
The department shall ensure that the pilot begins by January 2.
(3) The department of treasury shall issue a status report
using information provided by the vendor that includes the
following:
(a) Number of borrowers counseled.
(b) Number of student loans and amount of balances owed by
counseled borrowers.
(c) Number and dollar amount of delinquent student loans
brought current.
(d) Number and dollar amount of delinquent student loans
defaulted.
(e) Number and dollar amount of student loans enrolled in a
repayment program.
(f) Number and dollar amount of student loans in deferment or
forbearance.
(g) At selected time frames after the initial counseling
session, the difference between current student loan balances and
the balances at the time of initial counseling.
(h) Number and dollar amount of defaulted student loans
rehabilitated.
(i) Borrower's credit score at the time of counseling.
(j) Borrower's credit score at selected time frames after
initial counseling session.
(k) Results from customer surveys regarding the participant's
perceived value and usefulness of the services.
(4) The department of treasury will evaluate the proposals by
using the following criteria:
(a) 20% based on demonstrated experience in providing student
loan delinquency counseling.
(b) 25% based on demonstrated experience in providing debt
management and debt counseling.
(c) 10% based on demonstrated experience in providing
budgeting and financial information.
(d) 10% based on responses to questionnaire.
(e) 20% based on an implementation plan of the pilot program.
(f) 15% based on the proposed staffing and budget for the
pilot program.
Sec. 1037. From the funds appropriated in part 1, the
department of treasury shall submit a report to the state budget
director and the senate and house standing committees on
appropriations not later than March 31 regarding the performance of
the Michigan accounts receivable collections system. The report
shall include, but is not limited to:
(a) Information regarding the effectiveness of the
department's current collection strategies, including use of
vendors or contractors.
(b) The amount of delinquent accounts and collection referrals
to vendors and contractors.
(c) The liquidation rates for declining delinquent accounts.
(d) The profile of uncollected delinquent accounts, including
specific uncollected amounts by category.
(e) The department's strategy to manage delinquent accounts
once those accounts exceed the vendor's or contractor's contracted
collectible period.
(f) A summary of the strategies used in other states,
including, but not limited to, secondary placement services, and
assessing the benefits of those strategies.
Sec. 1040. (1) From the funds appropriated in part 1 for
unclassified salaries, the department of treasury shall ensure that
the state capitol historic site fund receive, in addition to the
amounts described in section 12 of the tobacco products tax act,
1993 PA 327, MCL 205.432, any amounts remaining in the restoration,
renewal, and maintenance line item in part 1.
(2) In the event that Detroit CPI results in decreased
statutory payments to the state capitol historic fund, the
department of treasury shall not take punitive measures or decrease
payments to the fund and shall ensure full payment from the amounts
available in the restoration, renewal, and maintenance line item in
part 1.
Sec. 1044. If the department of treasury hires a pension plan
consultant using any of the funds appropriated in part 1, the
department shall retain any report provided to the department by
that consultant 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.
Sec. 1045. The appraisal quality assurance project manager of
the department of treasury shall conduct a review of local unit
assessment administration practices, procedures, and records, also
known as the audit of minimal assessing requirements, in at least 1
assessment jurisdiction per county.
Sec. 1046. Revenue collected in the convention facility
development fund is appropriated and shall be distributed under
sections 8 and 9 of the state convention facility development act,
1985 PA 106, MCL 207.628 and 207.629.
Sec. 1047. Financial independence teams shall cooperate with
the fiscal responsibility section to coordinate and streamline
efforts in identifying and addressing fiscal emergencies in school
districts and intermediate school districts.
Sec. 1048. Total authorized appropriations from all sources
under part 1 for legacy costs for the fiscal year ending September
30, 2017 are $49,651,800.00. From this amount, total agency
appropriations for pension-related legacy costs are estimated at
$27,530,500.00. Total agency appropriations for retiree health care
legacy costs are estimated at $22,121,300.00.
Sec. 1049. (1) From the funds appropriated in part 1, the
department of treasury may contract with private agencies to
prevent the disbursement of fraudulent tax refunds. In addition to
the amounts appropriated in part 1 to the department of treasury,
there are appropriated amounts necessary to pay contract costs or
fund operations designed to reduce fraudulent income tax refund
payments not to exceed $1,600,000.00 of the refunds identified as
potentially fraudulent and for which payment of the refund is
denied. The appropriation to fund fraud prevention efforts is from
the fund or account to which the revenues being collected are
recorded or dedicated.
(2) The department of treasury shall submit a report for the
immediately preceding fiscal year ending September 30 to the state
budget director and the senate and house of representatives
standing committees on appropriations not later than November 30
stating the number of refund claims denied due to the fraud
prevention operations, the amount of refunds denied, the costs of
the fraud prevention operations, and other pertinent information
relating to determining whether this authority should be continued.
Sec. 1049b. From the funds appropriated in part 1 for the city
income tax administration program, the department of treasury shall
administer the city income tax administration program in the
current year.
Senate Bill No. 800 as amended May 4, 2016 (1 of 2)
Sec. 1049d. From the funds appropriated in part 1 for
financial review commission, the department shall expand financial
review commission efforts in the current fiscal year.
Sec. 1049e. From the funds appropriated in part 1 for the
state essential services assessment program, the department of
treasury shall administer the state essential services assessment
program in the current year. The program will provide the
department the ability to collect the new state essential services
assessment which is a phased-in replacement of locally collected
personal property taxes on eligible manufacturing personal
property.
Sec. 1049f. 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. 1049h. (1) The funds appropriated in part 1 for
financial data analytical tool reimbursement, shall be used for
the reimbursement to counties, cities, villages, and townships for
the licensing of data analytical tools described under this section.
The reimbursement is for those entities that choose to use data
analytical tools to assist the jurisdiction and that enters into a
new or continues an existing licensing agreement for a data
analytical tool with 1 of the vendors approved by the department
of technology, management and budget under (2) by October 15, 2016.
Funds allocated under this under this section are intended to
provide counties, cities, villages, and townships with financial
forecasting and transparency reporting tools to help improve the
financial health of districts and to improve communication with the
public, resulting in increased fund balances for counties, cities,
villages, and townships.
(2) Not later than October 15, 2015, the department of
technology, management, and budget shall review vendors for data
analytical tools and provide counties, cities, villages, and
townships with a list of at least 2 and up to 4 approved vendors
for a reimbursement paid under this section. For a vendor to be
eligible for reimbursement paid under this section, it must meet
at least all of the following:
(a) Analyze financial data.
(b) Provide an early warning measure.
(c) Provide peer jurisdiction comparison of financial data.
(d) Allow for shared services and collaboration.
(e) Model future budgets and forecasts for at least 3
subsequent fiscal years.
(f) Meet the transparency and accountability requirements
for the communities that are eligible to receive city, village,
and township statutory revenue sharing or county incentive program
revenue sharing.
(3) Funds allocated under this section shall be paid to
counties, cities, villages, and townships as a reimbursement for
already having a licensing agreement or for entering into a
licensing agreement not later than December 1, 2016 with a vendor
approved under (2) to implement a data analytical tool.
Reimbursement will be prorated for the portion of the state fiscal
year not covered by the licensing agreement. However, a licensing
agreement that takes effect after October 1, 2016 and before
December 1, 2016 will not be prorated if the term of agreement is
at least 1 year. Reimbursement under this section shall be made as
follows:
(a) All counties, cities, villages, and townships seeking
reimbursement shall submit requests not later than December 1, 2016
indicating the cost paid for the financial data analytical tool.
(b) The Department of Treasury shall determine the sum of the
funding requests under subdivision (a) and, if there are sufficient
funds, shall pay 1/2 of the costs submitted under subdivision (a).
If there are insufficient funds to pay ½ of the costs submitted
under subdivision (a), then reimbursement shall be made on an equal
percentage basis.
(c) Funds remaining after the calculation and payments made
under subdivision (b) shall be distributed on an equal per-capita
basis to local jurisdictions that have purchased a financial data
analytical tool approved under (2).>>
REVENUE SHARING
Sec. 1050. The funds appropriated in part 1 for constitutional
revenue sharing shall be distributed by the department of treasury
to cities, villages, and townships, as required under section 10 of
article IX of the state constitution of 1963. Revenue collected in
accordance with section 10 of article IX of the state constitution
of 1963 in excess of the amount appropriated in part 1 for
constitutional revenue sharing is appropriated for distribution to
cities, villages, and townships, on a population basis as required
under section 10 of article IX of the state constitution of 1963.
Sec. 1052. (1) The funds appropriated in part 1 for city,
village, and township revenue sharing are for grants to cities,
villages, and townships such that, subject to fulfilling the
requirements under subsection (3), each city, village, or township
is eligible to receive 98.45% of its eligible payment under section
952 of article VIII of 2015 PA 84. For purposes of this subsection,
any city, village, or township that completely merges with another
city, village, or township will be treated as a single entity, such
that when determining the eligible payment under section 952 of
article VIII of 2015 PA 84 for the combined single entity, the
amount each of the merging local units was eligible to receive
under section 952 of article VIII of 2015 PA 84 is summed. For
purposes of this subsection, population is determined in the same
manner as under section 3 of the Glenn Steil state revenue sharing
act of 1971, 1971 PA 140, MCL 141.903. In addition, any city or
village that according to the 2010 federal decennial census is
determined to have population in more than 1 county shall be
treated as a single entity when determining the eligible payment
under section 952 of article VIII of 2015 PA 84.
(2) The funds appropriated in part 1 for the county incentive
program are to be used for grants to counties such that each county
is eligible to receive an amount equal to 102% of the amount by
which the balance in its revenue sharing reserve fund under section
44a of the general property tax act, 1893 PA 206, MCL 211.44a, for
the county's most recent fiscal year that ends prior to the January
1 of the state's fiscal year is less than the amount calculated
under section 44a(14) of the general property tax act, 1893 PA 206,
MCL 211.44a, for the county fiscal year that begins in the state's
fiscal year. The amount calculated under this subsection shall be
adjusted as necessary to reflect partial county fiscal years and
prorated based on the total amount appropriated for distribution to
all eligible counties. Except as otherwise provided under this
subsection, payments under this subsection will be distributed to
an eligible county subject to the county's fulfilling the
requirements under subsection (3).
(3) For purposes of accountability and transparency, each
eligible city, village, township, or county shall certify by
December 1, or the first day of a payment month, that it has
produced a citizen's guide of its most recent local finances,
including a recognition of its unfunded liabilities; a performance
dashboard; a debt service report containing a detailed listing of
its debt service requirements, including, at a minimum, the
issuance date, issuance amount, type of debt instrument, a listing
of all revenues pledged to finance debt service by debt instrument,
and a listing of the annual payment amounts until maturity; and a
projected budget report, including, at a minimum, the current
fiscal year and a projection for the immediately following fiscal
year. The projected budget report shall include revenues and
expenditures and an explanation of the assumptions used for the
projections. Each eligible city, village, township, or county shall
include in any mailing of general information to its citizens the
Internet website address location for its citizen's guide,
performance dashboard, debt service report, and projected budget
report or the physical location where these documents are available
for public viewing in the city, village, township, or county
clerk's office. Each city, village, township, and county applying
for a payment under this subsection shall submit a copy of the
citizen's guide, a copy of the performance dashboard, a copy of the
debt service report, and a copy of the projected budget report to
the department of treasury. The department of treasury shall
develop detailed guidance for a city, village, township, or county
to follow to meet the requirements of this subsection. The detailed
guidance shall be posted on the department of treasury website and
distributed to cities, villages, townships, and counties by October
1.
(4) City, village, and township revenue sharing payments and
county incentive program payments are subject to the following
conditions:
(a) The city, village, township, or county shall certify to
the department that it has met the required criteria for subsection
(3) and submitted the required citizen's guide, performance
dashboard, debt service report, and projected budget report as
required by subsection (3). A department of treasury review of the
citizen's guide, dashboard, or reports is not required in order for
a city, village, township, or county to receive a payment under
subsection (1) or (2). The department shall develop a certification
process and method for cities, villages, townships, and counties to
follow.
(b) Subject to subdivisions (c), (d), and (e), if a city,
village, township, or county meets the requirements of subsection
(3), the city, village, township, or county shall receive its full
potential payment under this section.
Senate Bill No. 800 as amended May 4, 2016
(c) Cities, villages, and townships eligible to receive a
payment under subsection (1) shall receive 1/6 of their eligible
payment on the last business day of October, December, February,
April, June, and August. Payments under subsection (1) shall be
issued to cities, villages, and townships until the specified due
date for subsection (3). After the specified due date for
subsection (3), payments shall be made to a city, village, or
township only if that city, village, or township has complied with
subdivision (a).
(d) Payments under subsection (2) shall be issued to counties
until the specified due date for subsection (3). After the
specified due date for subsection (3), payments shall be made to a
county only if that county has complied with subdivision (a).
(e) If a city, village, township, or county does not <<submit the
required certification, citizen's guide, performance dashboard,
debt service report, and projected budget report by December 1 or
the first day of a payment month, the city village, township, or
county shall either defer or forfeit the payment. In order to
qualify for a deferred payment of a previously forfeited payment, a
city, village, township, or county shall submit the required
certification, citizen's guide, performance dashboard, debt service
report, and projected budget report by February 1. The deferred
payment shall be paid on the last business day of August.>>
(f) Any city, village, township, or county that falsifies
certification documents shall forfeit any future city, village, and
township revenue sharing payments or county incentive program
payments and shall repay to this state all payments it has received
under this section.
(g) City, village, and township revenue sharing payments and
county incentive program payments under this section shall be
distributed on the last business day of October, December,
February, April, June, and August.
(h) Payments distributed under this section may be withheld
pursuant to sections 17a and 21 of the Glenn Steil state revenue
sharing act of 1971, 1971 PA 140, MCL 141.917a and 141.921.
(5) The unexpended funds appropriated in part 1 for city,
village, and township revenue sharing and the county incentive
program shall be available for expenditure under the program for
financially distressed cities, villages, 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. 1055. (1) The funds appropriated in part 1 for county
revenue sharing shall be distributed by the department of treasury
to eligible counties in amounts equal to 102% of the payments
determined pursuant to the Glenn Steil state revenue sharing act of
1971, 1971 PA 140, MCL 141.901 to 141.921.
(2) The department of treasury shall annually certify to the
state budget director the amount each county is authorized to
expend from its revenue sharing reserve fund.
Sec. 1056. (1) The funds appropriated in part 1 for
financially distressed cities, villages, and townships shall be
granted by the department of treasury to cities, villages, and
townships that have 1 or more conditions that indicate probable
financial distress, as determined by the department of treasury. A
city, village, or township with 1 or more conditions that indicate
probable financial distress may apply in a manner determined by the
department of treasury for a grant to pay for specific projects or
services that move the city, village, or township toward financial
stability. Grants are to be used for specific projects or services
that move the city, village, or township toward financial
stability. The city, village, or township may use, but is not
limited to using, the grants under this section to make payments to
reduce unfunded accrued liability; to repair or replace critical
infrastructure and equipment owned or maintained by the city,
village, or township; to reduce debt obligations; or for costs
associated with a transition to shared services with another
jurisdiction. The department of treasury shall award no more than
$2,000,000.00 to any city, village, or township under this section.
(2) The department of treasury shall provide a report to the
senate and house of representatives appropriations subcommittees on
general government, the senate and house fiscal agencies, and the
state budget office by March 31. The report shall include a list by
grant recipient of the date each grant was approved, the amount of
the grant, and a description of the project or projects that will
be paid by the grant.
(3) The unexpended funds appropriated in part 1 for
financially distressed cities, villages, and townships are
designated as a work project appropriation, and any unencumbered or
unallotted funds shall not lapse at the end of the fiscal year and
shall be available for expenditure for projects under this section
until the projects have been completed. The following is in
compliance with section 451a of the management and budget act, 1984
PA 431, MCL 18.1451a:
(a) The purpose of the project is to provide assistance to
financially distressed cities, villages, and townships under this
section.
(b) The projects will be accomplished by grants to cities,
villages, and townships approved by the department of treasury.
(c) The total estimated cost of all projects is $5,000,000.00.
(d) The tentative completion date is September 30, 2021.
Sec. 1058. (1) The funds appropriated in part 1 for voting
machine replacement reimbursement shall be used for payments to
cities, villages, townships, and counties that have purchased new
voting machines in a purchase that is approved by the department of
state and meets the specifications established by the department of
state. The reimbursement amount per machine shall be established by
the department of treasury in cooperation with the department of
state and shall be equal to $5,000,000.00 divided by the projected
number of new voting machines required statewide during the next 3
years as determined by the department of state.
(2) The department of treasury shall report to the senate and
house of representatives appropriations subcommittees on general
government, the senate and house fiscal agencies, and the state
budget office by May 1 on the reimbursement payment available per
machine, the cities, villages, townships, and counties that have
received funding under this section, and the number of voting
machines purchased by each city, village, township, and county.
(3) The unexpended funds appropriated in part 1 for voting
machine replacement reimbursement 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 432, MCL 138.1451a:
(a) The purpose of the project is to provide assistance to
cities, villages, townships, and counties that purchase new voting
machines that are approved by and meet the specifications
established by the department of state.
(b) The funds will be disbursed as reimbursement payments for
approved purchases of voting machines that meet the specifications
determined by the department of state.
(c) The total estimated cost of all projects is $5,000,000.00.
(d) The tentative completion date is September 30, 2021.
BUREAU OF STATE LOTTERY
Sec. 1060. 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. 1063. The bureau of state lottery shall inform all
lottery retailers that the cash side of MDHHS bridge cards cannot
be used to purchase lottery tickets.
Sec. 1064. For the bureau of state lottery, there is
appropriated 1% of the lottery's prior fiscal year's gross sales or
$25,000,000.00, whichever is less, for promotion and advertising.
CASINO GAMING
Sec. 1071. 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. 1073. (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. 1074. 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. 1076. 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. 1077. All appropriations from the Michigan agriculture
equine industry development fund, except for the racing commission
and laboratory analysis program appropriations, shall be reduced
proportionately if revenues to the Michigan agriculture equine
industry development fund decline during the fiscal year ending
September 30, 2017 to a level lower than the amount appropriated in
part 1.
Sec. 1078. 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 and the senate and house fiscal agencies. The Michigan
gaming control board shall not be reimbursed for more than the
actual regulatory cost of conducting race dates. If a certified
horsemen's organization funds more than the actual regulatory cost,
the balance shall remain in the agriculture equine industry
development fund to be used to fund subsequent race dates conducted
by race meeting licensees with which the certified horsemen's
organization has contracts. If a certified horsemen's organization
funds less than the actual regulatory costs of the additional horse
racing dates, the Michigan gaming control board shall reduce the
number of future race dates conducted by race meeting licensees
with which the certified horsemen's organization has contracts.
Prior to the reduction in the number of authorized race dates due
to budget deficits, the executive director of the Michigan gaming
control board shall provide notice to the certified horsemen's
organizations with an opportunity to respond with alternatives. In
determining actual costs, the Michigan gaming control board shall
take into account that each specific breed may require different
regulatory mechanisms.
Sec. 1079. In addition to the funds appropriated in part 1,
the Michigan gaming control board may receive and expend state
lottery fund revenue in an amount not to exceed $4,000,000.00 for
necessary expenses incurred in the licensing and regulation of
millionaire parties pursuant to Executive Order No. 2012-4. In
accordance with section 8 of the Traxler-McCauley-Law-Bowman bingo
act, 1972 PA 382, MCL 432.108, the amount of necessary expenses
shall not exceed the amount of revenue received under that act. The
Michigan gaming control board shall provide a report to the senate
and house of representatives appropriations subcommittees on
general government, the senate and house fiscal agencies, and the
state budget office by April 15. The report shall include, but not
be limited to, total expenditures related to the licensing and
regulating of millionaire parties, steps taken to ensure charities
are receiving revenue due to them, progress on promulgating rules
to ensure compliance with the Traxler-McCauley-Law-Bowman bingo
act, 1972 PA 382, MCL 432.101 to 432.120, and any enforcement
actions taken.
STATE BUILDING AUTHORITY
Sec. 1100. (1) Subject to section 242 of the management and
budget act, 1984 PA 431, MCL 18.1242, and upon the approval of the
state building authority, the department of treasury may expend
from the general fund of the state during the fiscal year an amount
to meet the cash flow requirements of those state building
authority projects solely for lease to a state agency identified in
both part 1 and this section, and for which state building
authority bonds or notes have not been issued, and for the sole
acquisition by the state building authority of equipment and
furnishings for lease to a state agency as permitted by 1964 PA
183, MCL 830.411 to 830.425, for which the issuance of bonds or
notes is authorized by a legislative appropriation act that is
effective for the fiscal year ending September 30, 2015. Any
general fund advances for which state building authority bonds have
not been issued shall bear an interest cost to the state building
authority at a rate not to exceed that earned by the state
treasurer's common cash fund during the period in which the
advances are outstanding and are repaid to the general fund of the
state.
(2) Upon sale of bonds or notes for the projects identified in
part 1 or for equipment as authorized by a legislative
appropriation act and in this section, the state building authority
shall credit the general fund of the state an amount equal to that
expended from the general fund plus interest, if any, as defined in
this section.
(3) For state building authority projects for which bonds or
notes have been issued and upon the request of the state building
authority, the state treasurer shall make advances without interest
from the general fund as necessary to meet cash flow requirements
for the projects, which advances shall be reimbursed by the state
building authority when the investments earmarked for the financing
of the projects mature.
(4) In the event that a project identified in part 1 is
terminated after final design is complete, advances made on behalf
of the state building authority for the costs of final design shall
be repaid to the general fund in a manner recommended by the
director.
Sec. 1102. (1) State building authority funding to finance
construction or renovation of a facility that collects revenue in
excess of money required for the operation of that facility shall
not be released to a university or community college unless the
institution agrees to reimburse that excess revenue to the state
building authority. The excess revenue shall be credited to the
general fund to offset rent obligations associated with the
retirement of bonds issued for that facility. The auditor general
shall annually identify and present an audit of those facilities
that are subject to this section. Costs associated with the
administration of the audit shall be charged against money
recovered pursuant to this section.
(2) As used in this section, "revenue" includes state
appropriations, facility opening money, other state aid, indirect
cost reimbursement, and other revenue generated by the activities
of the facility.
Sec. 1103. The state building authority shall provide to the
JCOS and senate and house fiscal agencies a report relative to the
status of construction projects associated with state building
authority bonds as of September 30 of each year, on or before
October 15, or not more than 30 days after a refinancing or
restructuring bond issue is sold. The report shall include, but is
not limited to, the following:
(a) A list of all completed construction projects for which
state building authority bonds have been sold, and which bonds are
currently active.
(b) A list of all projects under construction for which sale
of state building authority bonds is pending.
(c) A list of all projects authorized for construction or
identified in an appropriations act for which approval of
schematic/preliminary plans or total authorized cost is pending
that have state building authority bonds identified as a source of
financing.
REVENUE STATEMENT
Sec. 1201. Pursuant to section 18 of article V of the state
constitution of 1963, fund balances and estimates are presented in
the following statement:
BUDGET RECOMMENDATIONS BY OPERATING FUNDS
(Amounts in millions)
Fiscal Year 2016-2017
Beginning
Available Estimated Ending
Fund Balance Revenue Balance
OPERATING FUNDS
General fund/general purpose 0110 152.9 9,893.9 14.9
General fund/special purpose 875.0 28,609.1 664.2
Special Revenue Funds:
Countercyclical budget and
economic stabilization 0111 611.0 17.9 628.9
Game and fish protection 0112 3.5 82.9 3.7
Michigan employment security
act administration 0113 0.0 42.1 0.0
State aeronautics 0114 2.7 17.6 0.0
Michigan veterans'
benefit trust 0115 0.0 3.7 0.0
State trunkline 0116 0.0 1,001.5 0.0
Michigan state waterways 0117 8.2 30.8 6.5
Blue Water Bridge 0118 18.9 23.6 0.0
Michigan transportation 0119 0.0 2,514.9 0.0
Comprehensive transportation 0120 3.8 316.7 0.0
School aid 0122 47.9 12,527.6 15.4
21st century jobs fund 0383 81.6 75.0 65.9
Detroit public schools
trust fund NEW 0.0 72.0 0.0
Game and fish protection
trust 0124 0.0 15.9 0.0
State park improvement 0125 12.6 57.5 7.9
Forest development 0126 12.7 40.9 8.2
Michigan natural resources
trust 0129 13.4 32.9 30.6
Michigan state parks
endowment 0130 0.5 40.9 0.5
Safety education and training 0131 5.2 9.6 4.5
Bottle deposit 0136 5.7 14.9 2.6
State construction code 0138 7.2 8.4 7.4
Children's trust 0139 1.8 1.2 1.2
State casino gaming 0140 1.7 0.3 2.0
Michigan nongame fish and
wildlife 0143 0.4 0.5 0.3
Michigan merit award trust 0154 48.7 28.6 0.0
Outdoor recreation legacy 0162 1.1 3.0 1.1
Off-road vehicle account 0163 5.7 7.2 5.4
Snowmobile account 0164 5.6 11.6 5.5
Silicosis dust disease and
logging 0870 1.4 0.9 1.2
Utility consumer
representation 0893 1.6 1.2 1.5
TOTALS $1,930.8 $55,504.8 $1,479.4
PART 2A
PROVISIONS CONCERNING ANTICIPATED APPROPRIATIONS
FOR FISCAL YEAR 2017-2018
GENERAL SECTIONS
Sec. 1301. It is the intent of the legislature to provide
appropriations for the fiscal year ending on September 30, 2018 for
the line items listed in part 1. The fiscal year 2017-2018
appropriations are anticipated to be the same as those for fiscal
year 2016-2017, except that the line items will be adjusted for
changes in caseload and related costs, federal fund match rates,
economic factors, and available revenue. These adjustments will be
determined after the January 2017 consensus revenue estimating
conference.
ARTICLE X
DEPARTMENT OF HEALTH AND HUMAN SERVICES
PART 1
LINE-ITEM APPROPRIATIONS
Sec. 101. There is appropriated for the department of health
and human services for the fiscal year ending September 30, 2017,
from the following funds:
DEPARTMENT OF HEALTH AND HUMAN SERVICES
APPROPRIATION SUMMARY
Full-time equated unclassified positions.......... 6.0
Full-time equated classified positions....... 15,499.5
Average population.............................. 893.0
GROSS APPROPRIATION.................................... $ 24,783,861,400
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 13,513,700
ADJUSTED GROSS APPROPRIATION........................... $ 24,770,347,700
Federal revenues:
Social security act, temporary assistance for needy
families............................................. 550,606,300
Capped federal revenues................................ 594,089,100
Total other federal revenues........................... 16,651,967,700
Special revenue funds:
Total local revenues................................... 123,892,300
Total private revenues................................. 156,279,300
Total local and private revenues....................... 280,171,600
Merit award trust fund................................. 74,772,800
Total other state restricted revenues.................. 2,267,972,800
State general fund/general purpose..................... $ 4,350,767,400
Sec. 102. DEPARTMENTWIDE ADMINISTRATION
Full-time equated unclassified positions.......... 6.0
Full-time equated classified positions.......... 674.2
Director and other unclassified--6.0 FTE positions..... $ 1,119,300
Departmental administration and management--480.2
FTE positions........................................ 75,482,600
Demonstration projects--7.0 FTE positions.............. 6,905,100
Developmental disabilities council and
projects--10.0 FTE positions......................... 3,067,000
Information technology projects and services........... 152,233,500
Michigan Medicaid information system................... 50,201,200
Office of inspector general--177.0 FTE positions....... 21,633,000
Rent and state office facilities....................... 62,783,800
State office of administrative hearings and rules...... 11,140,300
Terminal pay and other employee costs.................. 5,686,100
Worker's compensation program.......................... 7,956,500
GROSS APPROPRIATION.................................... $ 398,208,400
Appropriated from:
Interdepartmental grant revenues:
IDG from department of education....................... 2,979,000
Federal revenues:
Social security act, temporary assistance for needy
families............................................. 33,546,800
Capped federal revenues................................ 42,314,000
Total other federal revenues........................... 145,588,400
Special revenue funds:
Total local revenues................................... 16,400
Total private revenues................................. 23,842,000
Total other state restricted revenues.................. 2,836,300
State general fund/general purpose..................... $ 147,085,500
Sec. 103. CHILD SUPPORT ENFORCEMENT
Full-time equated classified positions.......... 185.7
Child support enforcement operations--179.7 FTE
positions............................................ 22,151,300
Legal support contracts................................ 113,359,100
Child support incentive payments....................... 24,409,600
State disbursement unit--6.0 FTE positions............. 8,101,700
Child support automation............................... 41,877,600
GROSS APPROPRIATION.................................... $ 209,899,300
Appropriated from:
Federal revenues:
Capped federal revenues................................ 11,395,000
Total other federal revenues........................... 163,998,000
Special revenue funds:
State general fund/general purpose..................... $ 34,506,300
Sec. 104. COMMUNITY SERVICES AND OUTREACH
Full-time equated classified positions........... 70.6
Bureau of community services and outreach--16.0 FTE
positions............................................ 2,103,700
Community services block grant......................... 25,840,000
Weatherization assistance.............................. 16,340,000
School success partnership program..................... 450,000
Homeless programs...................................... 15,721,900
Domestic violence prevention and treatment--14.6 FTE
positions............................................ 15,766,200
Rape prevention and services--0.5 FTE position......... 5,097,300
Child advocacy centers--0.5 FTE position............... 2,000,000
Michigan community service commission--15.0 FTE
positions............................................ 11,621,300
Housing and support services........................... 13,031,000
Grants administration services--13.0 FTE positions..... 2,165,100
Justice assistance grants.............................. 59,279,300
Crime victim rights services grants.................... 16,870,000
Community services and outreach administration--11.0
FTE positions........................................ 2,159,300
GROSS APPROPRIATION.................................... $ 188,445,100
Appropriated from:
Federal revenues:
Social security act, temporary assistance for needy
families............................................. 11,673,100
Capped federal revenues................................ 66,215,400
Total other federal revenues........................... 75,923,600
Special revenue funds:
Private - collections.................................. 44,100
Compulsive gambling prevention fund.................... 1,043,100
Sexual assault victims' prevention and treatment fund.. 3,000,000
Child advocacy centers fund............................ 2,000,000
Crime victims rights fund.............................. 15,327,200
State general fund/general purpose..................... $ 13,218,600
Sec. 105. CHILDREN'S SERVICES AGENCY - CHILD
WELFARE
Full-time equated classified positions........ 3,848.2
Children's services administration--169.0 FTE
positions............................................ 19,513,200
Title IV-E compliance and accountability office--4.0
FTE positions........................................ 421,300
Child welfare field staff - caseload
compliance--2,511.0 FTE positions.................... 230,862,600
Child welfare field staff - noncaseload
compliance--320.0 FTE positions...................... 33,671,400
Education planners--15.0 FTE positions................. 1,521,100
Peer coaches--45.5 FTE positions....................... 5,702,100
Child welfare first line supervisors--578.0 FTE
positions............................................ $ 72,313,800
Second line supervisors and technical staff--54.0
FTE positions........................................ 8,833,600
Permanency resource managers--28.0 FTE positions....... 3,170,200
Contractual services, supplies, and materials.......... 9,280,000
Settlement monitor..................................... 1,885,800
Foster care payments................................... 190,265,000
Guardianship assistance program........................ 11,966,500
Child care fund........................................ 186,750,200
Child care fund administration--4.2 FTE positions...... 592,900
Adoption subsidies..................................... 223,365,400
Adoption support services--10.0 FTE positions.......... 27,276,700
Youth in transition--4.5 FTE positions................. 15,301,900
Child welfare medical/psychiatric evaluations.......... 10,435,500
Psychotropic oversight................................. 618,200
Performance based funding implementation--3.0 FTE
positions............................................ 1,778,900
Family support subsidy................................. 16,951,400
Interstate compact..................................... 179,600
Strong families/safe children.......................... 12,350,100
Family preservation programs--23.0 FTE positions....... 38,872,800
Family preservation and prevention services
administration--9.0 FTE positions.................... 1,291,300
Child abuse and neglect - children's justice
act--1.0 FTE position................................ 621,800
Children's trust fund--12.0 FTE positions.............. 3,323,400
Attorney general contract.............................. 4,321,800
Prosecuting attorney contracts......................... 3,061,700
Child protection....................................... 800,300
Child welfare licensing--57.0 FTE positions............ 6,549,800
Child welfare administration travel.................... 375,000
GROSS APPROPRIATION.................................... $ 1,144,225,300
Appropriated from:
Interdepartmental grant revenues:
IDG from department of education....................... 90,200
Federal revenues:
Social security act, temporary assistance for needy
families............................................. 319,543,200
Capped federal revenues................................ 106,541,100
Total other federal revenues........................... 259,242,500
Special revenue funds:
Private - collections.................................. 2,424,000
Local funds - county chargeback........................ 14,194,000
Children's trust fund.................................. 2,090,500
State general fund/general purpose..................... $ 440,099,800
Sec. 106. CHILDREN'S SERVICES AGENCY - JUVENILE
JUSTICE
Full-time equated classified positions.......... 111.5
W.J. Maxey training school............................. $ 750,000
Bay pines center--42.0 FTE positions................... 4,933,300
Shawono center--42.0 FTE positions..................... 5,021,400
County juvenile officers............................... 3,904,300
Community support services--3.0 FTE positions.......... 2,110,500
Juvenile justice, administration and
maintenance--22.0 FTE positions...................... 3,543,700
Committee on juvenile justice administration--2.5
FTE positions........................................ 350,700
Committee on juvenile justice grants................... 3,000,000
In-home community care................................. 400,000
Juvenile justice vision 20/20.......................... 1,000,000
GROSS APPROPRIATION.................................... $ 25,013,900
Appropriated from:
Federal revenues:
Capped federal revenues................................ 8,018,200
Total other federal revenues........................... 10,200
Special revenue funds:
Local funds - state share education funds.............. 1,324,200
Local funds - county chargeback........................ 4,512,000
State general fund/general purpose..................... $ 11,149,300
Sec. 107. PUBLIC ASSISTANCE
Full-time equated classified positions............ 8.0
Family independence program............................ $ 112,494,600
State disability assistance payments................... 12,353,900
Food assistance program benefits....................... 2,348,117,400
State supplementation.................................. 63,357,400
State supplementation administration................... 2,381,100
Low-income home energy assistance program.............. 174,951,600
Food bank funding...................................... 1,795,000
Multicultural integration funding...................... 13,303,800
Indigent burial........................................ 4,300,000
Emergency services local office allocations............ 10,357,500
Michigan energy assistance program--1.0 FTE position... 50,000,000
Refugee assistance program--7.0 FTE positions.......... 27,986,100
GROSS APPROPRIATION.................................... $ 2,821,398,400
Appropriated from:
Federal revenues:
Social security act, temporary assistance for needy
families............................................. 67,697,500
Capped federal revenues................................ 203,100,300
Total other federal revenues........................... 2,342,649,300
Special revenue funds:
Child support collections.............................. 10,863,700
Supplemental security income recoveries................ 5,470,900
Public assistance recoupment revenue................... 6,290,000
Low-income energy assistance fund...................... 50,000,000
Michigan merit award trust fund........................ 30,100,000
State general fund/general purpose..................... $ 105,226,700
Sec. 108. FIELD OPERATIONS AND SUPPORT SERVICES
Full-time equated classified positions........ 6,546.5
Public assistance field staff--4,703.5 FTE positions... $ 476,994,400
Contractual services, supplies, and materials.......... 16,282,000
Medical/psychiatric evaluations........................ 1,420,100
Donated funds positions--538.0 FTE positions........... 60,878,700
Training and program support--65.0 FTE positions....... 10,252,400
Volunteer services and reimbursement................... 942,400
Field policy and administration--66.0 FTE positions.... 10,262,400
Adult services field staff--425.0 FTE positions........ 43,807,400
Nutrition education--2.0 FTE positions................. 23,042,700
Employment and training support services............... 4,219,100
Michigan rehabilitation services--526.0 FTE positions.. 131,221,800
Independent living..................................... 12,031,600
Electronic benefit transfer (EBT)...................... 8,509,000
Administrative support workers--221.0 FTE positions.... 12,453,700
Elder Law of Michigan MiCAFE contract.................. 350,000
Field staff travel..................................... 8,103,900
GROSS APPROPRIATION.................................... $ 820,771,600
Appropriated from:
Interdepartmental grant revenues:
IDG from department of corrections..................... 101,200
IDG from department of education....................... 7,678,800
Federal revenues:
Social security act, temporary assistance for needy
families............................................. 103,039,700
Capped federal revenues................................ 155,145,200
Federal supplemental security income................... 8,588,600
Total other federal revenues........................... 255,177,400
Special revenue funds:
Local funds - donated funds............................ 11,137,600
Local vocational rehabilitation match.................. 6,534,600
Private funds - donated funds.......................... 18,440,200
Private funds - gifts, bequests, and donations......... 1,854,600
Rehabilitation service fees............................ 400,000
Second injury fund..................................... 40,000
State general fund/general purpose..................... $ 252,633,700
Sec. 109. DISABILITY DETERMINATION SERVICES
Full-time equated classified positions.......... 587.4
Disability determination operations--583.3 FTE
positions............................................ $ 111,392,700
Retirement disability determination--4.1 FTE positions. 602,900
Legal services association of Michigan contract........ 500,000
GROSS APPROPRIATION.................................... $ 112,495,600
Appropriated from:
Interdepartmental grant revenues:
IDG from DTMB - office of retirement services.......... 778,300
Federal revenues:
Total other federal revenues........................... 107,784,000
State general fund/general purpose..................... $ 3,933,300
Sec. 110. BEHAVIORAL HEALTH PROGRAM ADMINISTRATION
AND SPECIAL PROJECTS
Full-time equated classified positions.......... 100.0
Behavioral health program administration--99.0 FTE
positions............................................ $ 54,571,700
Gambling addiction--1.0 FTE position................... 3,005,900
Protection and advocacy services support............... 194,400
Federal and other special projects..................... 2,535,600
Office of recipient rights............................. 2,700,000
GROSS APPROPRIATION.................................... $ 63,007,600
Appropriated from:
Federal revenues:
Social security act, temporary assistance for needy
families............................................. 180,500
Total other federal revenues........................... 32,845,100
Special revenue funds:
Total private revenues................................. 1,004,700
Total other state restricted revenues.................. 3,005,900
State general fund/general purpose..................... $ 25,971,400
Sec. 111. BEHAVIORAL HEALTH SERVICES
Full-time equated classified positions............ 9.5
Medicaid mental health services........................ $ 2,287,190,200
Community mental health non-Medicaid services.......... 117,050,400
Medicaid substance use disorder services............... 49,964,500
Civil service charges.................................. 1,499,300
Federal mental health block grant--2.5 FTE positions... 15,454,600
State disability assistance program substance use
disorder services.................................... 2,018,800
Community substance use disorder prevention,
education, and treatment............................. 73,811,800
Children's waiver home care program.................... 20,660,000
Nursing home PAS/ARR-OBRA--7.0 FTE positions........... 12,272,000
Children with serious emotional disturbance waiver..... 12,647,900
Health homes........................................... 3,369,000
Healthy Michigan plan - behavioral health.............. 226,210,300
Autism services........................................ 63,036,800
University autism programs............................. 2,500,000
GROSS APPROPRIATION.................................... $ 2,887,685,600
Appropriated from:
Federal revenues:
Total other federal revenues........................... 1,894,982,900
Special revenue funds:
Total local revenues................................... 25,475,800
Total other state restricted revenues.................. 22,512,700
State general fund/general purpose..................... $ 944,714,200
Sec. 112. STATE PSYCHIATRIC HOSPITALS AND FORENSIC
MENTAL HEALTH SERVICES
Total average population........................ 893.0
Full-time equated classified positions........ 2,181.9
Caro Regional Mental Health Center - psychiatric
hospital - adult--461.3 FTE positions................ $ 57,270,900
Average population.............................. 185.0
Kalamazoo Psychiatric Hospital - adult--466.1 FTE
positions............................................ 65,674,600
Average population.............................. 189.0
Walter P. Reuther Psychiatric Hospital -
adult--420.8 FTE positions........................... 56,872,000
Average population.............................. 234.0
Hawthorn Center - psychiatric hospital - children
and adolescents--226.4 FTE positions................. 29,142,500
Average population............................... 75.0
Center for forensic psychiatry--607.3 FTE positions.... 77,898,500
Average population.............................. 210.0
Revenue recapture...................................... 750,000
IDEA, federal special education........................ 120,000
Special maintenance.................................... 924,600
Purchase of medical services for residents of
hospitals and centers................................ 445,600
Gifts and bequests for patient living and treatment
environment.......................................... 1,000,000
GROSS APPROPRIATION.................................... $ 290,098,700
Appropriated from:
Federal revenues:
Total other federal revenues........................... 35,545,300
Special revenue funds:
Other local revenues................................... 19,886,700
Total private revenues................................. 1,000,000
Total other state restricted revenues.................. 19,238,100
State general fund/general purpose..................... $ 214,428,600
Sec. 113. HEALTH POLICY
Full-time equated classified positions........... 32.8
Bone marrow transplant registry........................ $ 250,000
Certificate of need program administration--12.3 FTE
positions............................................ 2,803,800
Health innovation grants............................... 1,500,000
Health policy administration--15.1 FTE positions....... 1,564,100
Human trafficking intervention services................ 200,000
Michigan essential health provider..................... 3,591,300
Minority health grants and contracts................... 612,700
Nurse education and research program--3.0 FTE
positions............................................ 780,900
Primary care services--1.4 FTE positions............... 4,068,500
Rural health services--1.0 FTE position................ 1,555,500
GROSS APPROPRIATION.................................... $ 16,926,800
Appropriated from:
Interdepartmental grant revenues:
Interdepartmental grant from the department of
licensing and regulatory affairs..................... 780,900
Interdepartmental grant from the department of
treasury, Michigan state hospital finance authority.. 117,700
Federal revenues:
Total other federal revenues........................... 6,631,300
Special revenue funds:
Total private revenues................................. 865,000
Total other state restricted revenues.................. 2,686,100
State general fund/general purpose..................... $ 5,845,800
Sec. 114. LABORATORY SERVICES
Full-time equated classified positions.......... 100.0
Laboratory services--100.0 FTE positions............... $ 20,520,500
GROSS APPROPRIATION.................................... $ 20,520,500
Appropriated from:
Interdepartmental grant revenues:
Interdepartmental grant from the department of
environmental quality................................ 987,600
Federal revenues:
Total other federal revenues........................... 2,326,300
Special revenue funds:
Total other state restricted revenues.................. 10,403,900
State general fund/general purpose..................... $ 6,802,700
Sec. 115. DISEASE CONTROL, PREVENTION, AND
EPIDEMIOLOGY
Full-time equated classified positions........... 74.9
Epidemiology administration--43.6 FTE positions........ $ 16,044,500
Healthy homes program--8.0 FTE positions............... 4,255,000
Immunization program--12.8 FTE positions............... 19,372,100
Newborn screening follow-up and treatment
services--10.5 FTE positions......................... 7,253,500
GROSS APPROPRIATION.................................... $ 46,925,100
Appropriated from:
Federal revenues:
Total other federal revenues........................... 28,704,900
Special revenue funds:
Total private revenues................................. 2,339,400
Total other state restricted revenues.................. 9,501,300
State general fund/general purpose..................... $ 6,379,500
Sec. 116. LOCAL HEALTH AND ADMINISTRATIVE SERVICES
Full-time equated classified positions.......... 236.2
AIDS prevention, testing, and care programs--47.7
FTE positions........................................ $ 70,605,900
Cancer prevention and control program--13.0 FTE
positions............................................ 15,051,600
Chronic disease control and health promotion
administration--27.4 FTE positions................... 6,044,800
Dental programs--3.8 FTE positions..................... 1,949,800
Diabetes and kidney program--8.0 FTE positions......... 3,049,100
Essential local public health services................. 40,921,800
Health and wellness initiatives--11.7 FTE positions.... 8,994,100
Implementation of 1993 PA 133, MCL 333.17015........... 20,000
Local health services--1.3 FTE positions............... 447,700
Medicaid outreach cost reimbursement to local health
departments.......................................... 9,000,000
Public health administration--7.0 FTE positions........ 1,535,900
Sexually transmitted disease control program--20.0
FTE positions........................................ 6,279,600
Smoking prevention program--12.0 FTE positions......... 2,142,100
Violence prevention--2.9 FTE positions................. 2,122,500
Vital records and health statistics--81.4 FTE
positions............................................ 11,932,300
GROSS APPROPRIATION.................................... $ 180,097,200
Appropriated from:
Federal revenues:
Capped federal revenues................................ 81,100
Total other federal revenues........................... 71,396,700
Special revenue funds:
Total local revenues................................... 5,150,000
Total private revenues................................. 39,028,400
Total other state restricted revenues.................. 20,164,900
State general fund/general purpose..................... $ 44,276,100
Sec. 117. FAMILY, MATERNAL, AND CHILD HEALTH
Full-time equated classified positions.......... 110.8
Childhood lead program--2.5 FTE positions.............. $ 1,571,400
Family, maternal, and children's health services
administration--49.3 FTE positions................... 8,460,900
Family planning local agreements....................... 8,912,800
Local MCH services..................................... 7,018,100
Prenatal care outreach and service delivery
support--14.0 FTE positions.......................... 19,322,600
Special projects....................................... 6,289,100
Sudden infant death syndrome program................... 321,300
Women, infants, and children program administration
and special projects--45.0 FTE positions............. 18,014,400
Women, infants, and children program local
agreements and food costs............................ 256,285,000
GROSS APPROPRIATION.................................... $ 326,195,600
Appropriated from:
Federal revenues:
Social security act, temporary assistance for needy
families............................................. 400,000
Total other federal revenues........................... 254,324,000
Special revenue funds:
Total local revenues................................... 75,000
Total private revenues................................. 61,702,400
State general fund/general purpose..................... $ 9,694,200
Sec. 118. EMERGENCY MEDICAL SERVICES, TRAUMA, AND
PREPAREDNESS
Full-time equated classified positions........... 75.0
Emergency medical services program--23.0 FTE positions. $ 6,563,600
Bioterrorism preparedness--52.0 FTE positions.......... 30,207,700
GROSS APPROPRIATION.................................... $ 36,771,300
Appropriated from:
Federal revenues:
Total other federal revenues........................... 31,332,300
Special revenue funds:
Total other state restricted revenues.................. 4,004,900
State general fund/general purpose..................... $ 1,434,100
Sec. 119. CHILDREN'S SPECIAL HEALTH CARE SERVICES
Full-time equated classified positions........... 46.8
Children's special health care services
administration--44.0 FTE positions................... $ 5,990,100
Bequests for care and services--2.8 FTE positions...... 1,534,800
Outreach and advocacy.................................. 5,510,000
Nonemergency medical transportation.................... 905,900
Medical care and treatment............................. 238,595,000
GROSS APPROPRIATION.................................... $ 252,535,800
Appropriated from:
Federal revenues:
Total other federal revenues........................... 116,399,200
Special revenue funds:
Total private revenues................................. 1,013,200
Total other state restricted revenues.................. 3,383,000
State general fund/general purpose..................... $ 131,740,400
Sec. 120. AGING AND ADULT SERVICES AGENCY
Full-time equated classified positions........... 48.0
Aging and adult services administration--48.0 FTE
positions............................................ $ 9,344,100
Community services..................................... 39,163,900
Nutrition services..................................... 44,044,000
Employment assistance.................................. 3,500,000
Respite care program................................... 5,868,700
Senior volunteer services.............................. 4,465,300
GROSS APPROPRIATION.................................... $ 106,386,000
Appropriated from:
Federal revenues:
Capped federal revenues................................ 368,100
Total other federal revenues........................... 58,193,700
Special revenue funds:
Total private revenues................................. 520,000
Merit award trust fund................................. 4,068,700
Total other state restricted revenues.................. 1,400,000
State general fund/general purpose..................... $ 41,835,500
Sec. 121. MEDICAL SERVICES ADMINISTRATION
Full-time equated classified positions.......... 450.5
Medical services administration--395.5 FTE positions... $ 83,565,600
Healthy Michigan plan administration--31.0 FTE
positions............................................ 68,412,400
Electronic health record incentive program--24.0 FTE
positions............................................ 144,297,800
Technology supporting integrated service delivery...... 100
GROSS APPROPRIATION.................................... $ 296,275,900
Appropriated from:
Federal revenues:
Social security act, temporary assistance for needy
families............................................. 4,180,000
Capped federal revenues................................ 910,700
Total other federal revenues........................... 241,146,800
Special revenue funds:
Total local revenues................................... 107,300
Total private revenues................................. 101,300
Total other state restricted revenues.................. 336,300
State general fund/general purpose..................... $ 49,493,500
Sec. 122. MEDICAL SERVICES
Hospital services and therapy.......................... $ 1,150,265,400
Hospital disproportionate share payments............... 45,000,000
Physician services..................................... 323,385,400
Medicare premium payments.............................. 458,763,500
Pharmaceutical services................................ 617,729,900
Home health services................................... 6,287,800
Hospice services....................................... 99,232,000
Transportation......................................... 20,094,000
Auxiliary medical services............................. 5,489,200
Dental services........................................ 273,827,900
Ambulance services..................................... 17,604,500
Long-term care services................................ 1,665,789,800
Integrated care organizations.......................... 220,300,000
Medicaid home- and community-based services waiver..... 342,650,500
Adult home help services............................... 327,864,500
Personal care services................................. 9,639,800
Program of all-inclusive care for the elderly.......... 92,524,400
Health plan services................................... 4,668,052,700
Federal Medicare pharmaceutical program................ 261,845,200
Maternal and child health.............................. 20,279,500
Healthy Michigan plan.................................. 3,314,009,200
Subtotal basic medical services program................ 13,940,635,200
School-based services.................................. 112,102,700
Dental clinic program.................................. 100
Special Medicaid reimbursement......................... 368,887,600
Subtotal special medical services payments............. 480,990,400
GROSS APPROPRIATION.................................... $ 14,421,625,600
Appropriated from:
Federal revenues:
Total other federal revenues........................... 10,440,738,800
Special revenue funds:
Total local revenues................................... 35,478,700
Total private revenues................................. 2,100,000
Merit award trust fund................................. 40,604,100
Total other state restricted revenues.................. 2,071,500,100
State general fund/general purpose..................... $ 1,831,203,900
Sec. 123. ONE-TIME BASIS ONLY APPROPRIATIONS
Full-time equated classified positions............ 1.0
Family preservation programs--1.0 FTE position......... $ 3,133,300
Integrated service delivery............................ 36,922,500
Drinking water declaration of emergency................ 15,138,100
MiSACWIS implementation................................ 5,769,300
Pharmacy reserve....................................... 57,388,800
Autism navigator....................................... 100
GROSS APPROPRIATION.................................... $ 118,352,100
Appropriated from:
Federal revenues:
Total other federal revenues........................... 78,438,400
Social security act, temporary assistance for needy
families............................................. 10,345,500
Special revenue funds:
Total other state restricted revenues.................. 473,900
State general fund/general purpose..................... $ 29,094,300
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
FOR FISCAL YEAR 2016-2017
GENERAL SECTIONS
Sec. 201. Pursuant to section 30 of article IX of the state
constitution of 1963, total state spending from state resources
under part 1 for fiscal year 2016-2017 is $6,693,513,000.00 and
state spending from state resources to be paid to local units of
government for fiscal year 2016-2017 is $1,231,793,900.00. The
itemized statement below identifies appropriations from which
spending to local units of government will occur:
DEPARTMENT OF HEALTH AND HUMAN SERVICES
CHILDREN'S SERVICES AGENCY-CHILD WELFARE
Child care fund........................................ $ 94,898,500
CHILDREN'S SERVICES AGENCY-JUVENILE JUSTICE
County juvenile officers............................... $ 3,100,000
PUBLIC ASSISTANCE
Family independence program............................ $ 11,700
State disability assistance payments................... 966,000
Multicultural integration funding...................... 3,795,900
BEHAVIORAL HEALTH PROGRAM ADMINISTRATION AND SPECIAL PROJECTS
Community residential and support services............. $ 292,100
Housing and support services........................... 667,400
BEHAVIORAL HEALTH SERVICES
Medicaid mental health services........................ $ 791,137,400
Community mental health non-Medicaid services.......... 117,050,400
Medicaid substance use disorder services............... 16,338,900
State disability assistance program substance use
disorder services................................... 2,018,800
Community substance use disorder prevention,
education, and treatment............................ 14,553,400
Children's waiver home care program.................... 6,880,000
Nursing home PAS/ARR-OBRA.............................. 2,724,900
LABORATORY SERVICES
Laboratory services.................................... $ 5,000
EPIDEMIOLOGY AND INFECTIOUS DISEASE
Sexually transmitted disease control program........... $ 377,000
LOCAL HEALTH ADMINISTRATION AND GRANTS
Essential local public health services................. $ 34,199,500
Implementation of 1993 PA 133, MCL 333.17015........... 300
CHRONIC DISEASE AND INJURY PREVENTION AND HEALTH PROMOTION
AIDS prevention, testing, and care programs............ $ 606,100
Cancer prevention and control program.................. 116,700
FAMILY, MATERNAL, AND CHILDREN'S HEALTH SERVICES
Prenatal care outreach and service delivery support.... $ 2,044,900
CHILDREN'S SPECIAL HEALTH CARE SERVICES
Outreach and advocacy.................................. $ 2,204,000
Medical care and treatment............................. 949,800
CRIME VICTIM SERVICES COMMISSION
Crime victim rights services grants.................... $ 6,389,800
AGING AND ADULT SERVICES AGENCY
Community services..................................... $ 13,333,500
Nutrition services..................................... 14,287,000
Respite care program................................... 5,868,700
Senior volunteer service programs...................... 1,127,900
MEDICAL SERVICES
Hospital services and therapy.......................... $ 2,449,500
Physician services..................................... 10,665,900
Dental services........................................ 1,202,000
Long-term care services................................ 81,530,900
TOTAL OF PAYMENTS TO LOCAL UNITS
OF GOVERNMENT.......................................... $ 1,231,793,900
Sec. 202. The appropriations authorized under this part and
part 1 are subject to the management and budget act, 1984 PA 431,
MCL 18.1101 to 18.1594.
Sec. 203. As used in this part and part 1:
(a) "AIDS" means acquired immunodeficiency syndrome.
(b) "CMHSP" means a community mental health services program
as that term is defined in section 100a of the mental health code,
1974 PA 258, MCL 330.1100a.
(c) "Department" means the department of health and human
services.
(d) "Director" means the director of the department.
(e) "DSH" means disproportionate share hospital.
(f) "EPSDT" means early and periodic screening, diagnosis, and
treatment.
(g) "Federal poverty level" means the poverty guidelines
published annually in the Federal Register by the United States
Department of Health and Human Services under its authority to
revise the poverty line under 42 USC 9902.
(h) "FTE" means full-time equated.
(i) "GME" means graduate medical education.
(j) "Health plan" means, at a minimum, an organization that
meets the criteria for delivering the comprehensive package of
services under the department's comprehensive health plan.
(k) "HEDIS" means healthcare effectiveness data and
information set.
(l) "HMO" means health maintenance organization.
(m) "IDEA" means the individuals with disabilities education
act, 20 USC 1400 to 1482.
(n) "IDG" means interdepartmental grant.
(o) "MCH" means maternal and child health.
(p) "Medicaid" mean subchapter XIX of the social security act,
42 USC 1396 to 1396w-5.
(q) "Medicare" means subchapter XVIII of the social security
act, 42 USC 1395 to 1395lll.
(r) "MiCAFE" means Michigan's coordinated access to food for
the elderly.
(s) "MIChild" means the program described in section 1670.
(t) "MiSACWIS" means Michigan statewide automated child
welfare information system.
(u) "MMIS" means Medicaid Management Information System.
(v) "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.
(w) "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.
(x) "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.
(y) "SSI" means supplemental security income.
(z) "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.
(aa) "Title IV-B" means part B of title IV of the social
security act, 42 USC 620 to 629m.
(bb) "Title IV-D" means part D of title IV of the social
security act, 42 USC 651 to 669b.
(cc) "Title IV-E" means part E of title IV of the social
security act, 42 USC 670 to 679c.
(dd) "Title X" means subchapter VIII of the public health
service act, 42 USC 300 to 300a-8, which establishes grants to
states for family planning services.
Sec. 204. Concurrent with submission of the executive budget
recommendation, the state budget office shall provide the senate
and house appropriations committees, the senate and house
appropriations subcommittees on the department budget, and the
senate and house fiscal agencies and policy offices with a report
that lists each new program or program enhancement for which the
funds in excess of $500,000.00 are appropriated in part 1. The
listing of new or enhanced programs shall be ranked in the order of
estimated return on taxpayer investment determined by the state
budget office. The program performance shall use program-specific
metrics, in addition to the metrics required under section 447 of
the management and budget act, 1984 PA 431, MCL 18.1447, to measure
the return on taxpayer investment. The state budget office shall
use the estimated performance of the new program or program
enhancement as the basis for any increase in funds appropriated in
part 1 from the prior fiscal year. The department shall provide a
report on its status in meeting the program specific metrics and
the progress in meeting the program's estimated return on taxpayer
investment by September 30 of the current fiscal year to the senate
and house appropriations subcommittees on the department budget and
the senate and house fiscal agencies and policy offices.
Sec. 205. Pursuant 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. 206. (1) In addition to the funds appropriated in part 1,
there is appropriated an amount not to exceed $400,000,000.00 for
federal contingency funds. These funds are not available for
expenditure until they have been transferred to another line item
in part 1 under section 393(2) of the management and budget act,
1984 PA 431, MCL 18.1393. These funds shall not be made available
to increase TANF authorization.
(2) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $45,000,000.00 for state
restricted contingency funds. These funds are not available for
expenditure until they have been transferred to another line item
in part 1 under section 393(2) of the management and budget act,
1984 PA 431, MCL 18.1393.
(3) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $40,000,000.00 for local
contingency funds. These funds are not available for expenditure
until they have been transferred to another line item in part 1
under section 393(2) of the management and budget act, 1984 PA 431,
MCL 18.1393.
(4) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $60,000,000.00 for private
contingency funds. These funds are not available for expenditure
until they have been transferred to another line item in part 1
under section 393(2) of the management and budget act, 1984 PA 431,
MCL 18.1393.
Sec. 207. 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. 208. Unless otherwise specified, the departments and
agencies receiving appropriations in part 1 shall use the Internet
to fulfill the reporting requirements of this part and part 1. This
requirement shall include transmission of reports via electronic
mail to the recipients identified for each reporting requirement,
and it shall include placement of reports on the Internet.
Sec. 209. 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. 210. 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. 211. 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. 212. (1) On or before 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. 213. 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.
(e) Any other information considered necessary by the house of
representatives or senate appropriations committees or the state
budget director.
Sec. 214. On a quarterly basis, the department shall report on
the number of FTEs in pay status by type of staff.
Sec. 215. If a legislative objective of this part or of a bill
or amendment to a bill to amend the social welfare act, 1939 PA
280, MCL 400.1 to 400.119b, cannot be implemented because
implementation would conflict with or violate federal regulations,
the department shall notify the state budget director, the chairs
of the house and senate subcommittees on the department budget, and
the house and senate fiscal agencies and policy offices of that
fact.
Sec. 216. (1) In addition to funds appropriated in part 1 for
all programs and services, there is appropriated for write-offs of
accounts receivable, deferrals, and for prior year obligations in
excess of applicable prior year appropriations, an amount equal to
total write-offs and prior year obligations, but not to exceed
amounts available in prior year revenues.
(2) The department's ability to satisfy appropriation fund
sources in part 1 shall not be limited to collections and accruals
pertaining to services provided in the current fiscal year, but
shall also include reimbursements, refunds, adjustments, and
settlements from prior years.
Sec. 217. 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. 219. (1) The department may contract with the Michigan
Public Health Institute for the design and implementation of
projects and for other public health-related activities prescribed
in section 2611 of the public health code, 1978 PA 368, MCL
333.2611. The department may develop a master agreement with the
Institute to carry out these purposes for up to a 3-year period.
The department shall report to the house and senate appropriations
subcommittees on the department budget, the house and senate fiscal
agencies, and the state budget director on or before January 1 of
the current fiscal year all of the following:
(a) A detailed description of each funded project.
(b) The amount allocated for each project, the appropriation
line item from which the allocation is funded, and the source of
financing for each project.
(c) The expected project duration.
(d) A detailed spending plan for each project, including a
list of all subgrantees and the amount allocated to each
subgrantee.
(2) On or before September 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 part 1 and allocated to
the Michigan Public Health Institute.
Sec. 220. The department shall ensure that faith-based
organizations are able to apply and compete for services, programs,
or contracts that they are qualified and suitable to fulfill. The
department shall not disqualify faith-based organizations solely on
the basis of the religious nature of their organization or their
guiding principles or statements of faith.
Sec. 222. (1) The department shall provide written
notification to the chairpersons of the senate and house
appropriations subcommittees on the budget for the department of
any policy changes at least 30 days before the implementation date.
(2) The department shall make the entire policy and procedures
manual available and accessible to the public via the department
website.
(3) The department shall report no later than April 1 of the
current fiscal year on each specific policy change made to
implement a public act affecting the department that took effect
during the prior calendar year to the house and senate
appropriations subcommittees on the budget for the department, the
joint committee on administrative rules, and the senate and house
fiscal agencies. The department shall attach each policy bulletin
issued during the prior calendar year to this report.
Sec. 223. The department may establish and collect fees for
publications, videos and related materials, conferences, and
workshops. Collected fees shall be used to offset expenditures to
pay for printing and mailing costs of the publications, videos and
related materials, and costs of the workshops and conferences. The
department shall not collect fees under this section that exceed
the cost of the expenditures.
Sec. 224. The department may retain all of the state's share
of food assistance overissuance collections as an offset to general
fund/general purpose costs. Retained collections shall be applied
against federal funds deductions in all appropriation units where
department costs related to the investigation and recoupment of
food assistance overissuances are incurred. Retained collections in
excess of such costs shall be applied against the federal funds
deducted in the departmentwide administration appropriation unit.
Sec. 225. (1) Sanctions, suspensions, conditions for
provisional license status, and other penalties shall not be more
stringent for private service providers than for public entities
performing equivalent or similar services.
(2) Neither the department nor private service providers or
licensees shall be granted preferential treatment or considered
automatically to be in compliance with administrative rules based
on whether they have collective bargaining agreements with direct
care workers. Private service providers or licensees without
collective bargaining agreements shall not be subjected to
additional requirements or conditions of licensure based on their
lack of collective bargaining agreements.
Sec. 228. From the funds appropriated in part 1 for Healthy
Michigan plan, $1,000,000.00 shall be distributed to the Medicaid
health plans to inform residents about Healthy Michigan plan
incentives that have been shown to improve health outcomes. The
incentives shall be limited to those health outcomes measured
within the Healthy Michigan plan evaluation. The department shall
not use funds appropriated in part 1 to advertise enrollment in the
Healthy Michigan plan.
Sec. 229. (1) The department shall extend the interagency
agreement with the talent investment agency for the duration of the
current fiscal year, which concerns TANF funding to provide job
readiness and welfare-to-work programming. The interagency
agreement shall include specific outcome and performance reporting
requirements as described in this section. TANF funding provided to
the talent investment agency in the current fiscal year is
contingent on compliance with the data and reporting requirements
described in this section. The interagency agreement must require
the talent investment agency to provide all of the following items
by January 1 of the current fiscal year for the previous year to
the senate and house appropriations committees on the department
budget:
(a) An itemized spending report on TANF funding, including all
of the following:
(i) Direct services to recipients.
(ii) Administrative expenditures.
(b) The number of family independence program (FIP) recipients
served through the TANF funding, including all of the following:
(i) The number and percentage who obtained employment through
Michigan Works!
(ii) The number and percentage who fulfilled their TANF work
requirement through other job readiness programming.
(iii) Average TANF spending per recipient.
(iv) The number and percentage of recipients who were referred
to Michigan Works! but did not receive a job or job readiness
placement and the reasons why.
(2) Not later than March 1 of the current fiscal year, the
department shall provide to the senate and house appropriations
subcommittees on the department budget, the senate and house fiscal
agencies, and the senate and house policy offices an annual report
on the following matters itemized by Michigan Works! agency: the
number of referrals to Michigan Works! job readiness programs, the
number of referrals to Michigan Works! job readiness programs who
became a participant in the Michigan Works! job readiness programs,
the number of participants who obtained employment, and the cost
per participant case.
Sec. 230. The department shall not spend the funds
appropriated in part 1 for the expansion of IT projects until an
implementation plan has been issued by the department and the
implementation plan is submitted to the senate and house
appropriations subcommittees on the department budget, the senate
and house fiscal agencies, and the state budget office. The
implementation plan must include, but is not limited to, the
following information:
(a) A specific list of steps necessary to define the project,
to contract or hire staff to complete the project, and to perform
the work necessary to successfully complete the project.
(b) A specific timeline for each of the steps listed in
subdivision (a).
(c) A specific projection of total costs, broken down into
categories, for each of the steps listed in subdivision (a).
(d) A list of outside resources to be hired or engaged to
provide consultation services on the project, including estimated
costs.
(e) A list of all expected improvements, outcomes, efficiency
captures, customer service improvements, time savings, reduction in
staff, and return on investment to taxpayers due to the project.
(f) A specific list of metrics for the legislature to monitor
to help the legislature and public determine the level of progress
from the project.
(g) Specific milestones and related outcomes that would
trigger subsequent expenditures on the project.
(h) Specific requirements for a request for proposal for
consulting services to execute the project, with a clear
articulation of costs, timelines, outcomes, and return on
investment.
Sec. 233. By the end of each fiscal quarter 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
state budget office on the status of the merger, executed according
to Executive Order No. 2015-4, of the department of community
health and the department of human services to create the
department of health and human services. The report must indicate
changes from the prior report and shall include, but not be limited
to, all of the following information:
(a) The impact on client service delivery or access to
services, including the restructuring or consolidation of services.
(b) Any cost increases or reductions that resulted from rent
or building occupancy changes.
(c) Facilities in use, including any office closures or
consolidations, or new office locations, including hoteling
stations.
(d) Current status of FTE positions, including the number of
FTE positions that were eliminated or added due to duplication of
efforts.
(e) Any other efficiencies, costs, or savings associated with
the merger.
Sec. 240. 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 placing agency foster
care master contract template, and the residential foster care
juvenile justice master contract template, not less than 30 days
before the change takes effect.
Sec. 252. The appropriations in part 1 for Healthy Michigan
plan - behavioral health, Healthy Michigan plan administration, and
Healthy Michigan plan are contingent on the provisions of the
social welfare act, 1939 PA 280, MCL 400.1 to 400.119b, that were
contained in 2013 PA 107 not being amended, repealed, or otherwise
altered to eliminate the Healthy Michigan plan. If that occurs,
then, upon the effective date of the amendatory act that amends,
repeals, or otherwise alters those provisions, the remaining funds
in the Healthy Michigan plan - behavioral health, Healthy Michigan
plan administration, and Healthy Michigan plan line items shall
only be used to pay previously incurred costs and any remaining
appropriations shall not be allotted to support those line items.
Sec. 263. (1) Upon submission of a Medicaid waiver, a Medicaid
state plan amendment, or a similar proposal to the Centers for
Medicare and Medicaid Services, the department shall notify the
house and senate appropriations subcommittees on the department
budget, the house and senate fiscal agencies, and the state budget
office of the submission.
(2) The department shall provide written or verbal biannual
reports to the senate and house appropriations subcommittees on the
department budget, the senate and house fiscal agencies, and the
state budget office summarizing the status of any new or ongoing
discussions with the Centers for Medicare and Medicaid Services or
the United States Department of Health and Human Services regarding
potential or future Medicaid waiver applications.
Sec. 264. The department shall not take disciplinary action
against an employee for communicating with a member of the
legislature or his or her staff.
Sec. 265. Within 14 days after the release of the executive
budget recommendation, the department shall cooperate with the
state budget office to provide the senate and house appropriations
chairs, the senate and house appropriations subcommittees chairs,
and the senate and house fiscal agencies with an annual report on
estimated state restricted fund balances, state restricted fund
projected revenues, and state restricted fund expenditures for the
fiscal years ending September 30, 2016 and September 30, 2017.
Sec. 266. Requesting or receiving federal approval for a
program waiver related to expanding a program to new cohort
populations, or otherwise changing program eligibility
requirements, does not convey authority to a state department or
agency to execute the provisions contained in the waiver. The
agency or department shall not expend funds appropriated in part 1
on the execution or implementation of a waiver, as described in
this section, until presented to and approved by the senate and
house appropriations subcommittees on the department budget.
Sec. 270. The department shall advise the legislature of the
receipt of a notification from the attorney general's office of a
legal action in which expenses had been recovered pursuant to
section 106(4) of the social welfare act, 1939 PA 280, MCL 400.106,
or any other statute under which the department has the right to
recover expenses. By November 1 and May 1 of the current fiscal
year, the department shall submit a written report to the house and
senate appropriations subcommittees on the department budget, the
house and senate fiscal agencies, and the state budget office that
includes, at a minimum, all of the following:
(a) The total amount recovered from the legal action.
(b) The program or service for which the money was originally
expended.
(c) Details on the disposition of the funds recovered such as
the appropriation or revenue account in which the money was
deposited.
(d) A description of the facts involved in the legal action.
Sec. 274. (1) The department, in collaboration with the state
budget office, shall submit to the house and senate appropriations
subcommittees on the department budget, the house and senate fiscal
agencies, and the house and senate policy offices 1 week after the
day the governor submits to the legislature the budget for the
ensuing fiscal year a report on spending and revenue projections
for each of the capped federal funds listed below. The report shall
contain actual spending and revenue in the previous fiscal year,
spending and revenue projections for the current fiscal year as
enacted, and spending and revenue projections within the executive
budget proposal for the fiscal year beginning October 1, 2017 for
each individual line item for the department budget. The report
shall also include federal funds transferred to other departments.
The capped federal funds shall include, but not be limited to, all
of the following:
(a) TANF.
(b) Title XX social services block grant.
(c) Title IV-B part I child welfare services block grant.
(d) Title IV-B part II promoting safe and stable families
funds.
(e) Low-income home energy assistance program.
(2) By February 15 of the current fiscal year, the department
shall prepare an annual report of its efforts to identify
additional TANF maintenance of effort sources and rationale for any
increases or decreases from all of the following, but not limited
to:
(a) Other departments.
(b) Local units of government.
(c) Private sources.
Sec. 276. 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. 279. (1) All master contracts relating to human services
as funded by the appropriations in sections 103, 104, 105, 106,
107, 108, and 109 of part 1 shall be performance-based contracts
that employ a client-centered results-oriented process that is
based on measurable performance indicators and desired outcomes and
includes the annual assessment of the quality of services provided.
(2) By February 1 of the current fiscal year, the department
shall provide the senate and house appropriations subcommittees on
the department budget, the senate and house fiscal agencies and
policy offices, and the state budget office a report detailing
measurable performance indicators, desired outcomes, and an
assessment of the quality of services provided by the department
during the previous fiscal year.
Sec. 280. By the fifth business day of each month, the
department shall provide a report to the house and senate
appropriations committees, the house and senate fiscal agencies,
the house and senate policy offices, and the state budget director
that provides all of the following for each line item in part 1
containing personnel-related costs, including the specific
individual amounts for salaries and wages, payroll taxes, and
fringe benefits:
(a) FTE authorization.
(b) Spending authorization for personnel-related costs, by
fund source, under the spending plan.
(c) Actual year-to-date expenditures for personnel-related
costs, by fund source, through the end of the prior month.
(d) The projected year-end balance or shortfall for personnel-
related costs, by fund source, based on actual monthly spending
levels through the end of the prior month.
(e) A specific plan for addressing any projected shortfall for
personnel-related costs at either the gross or fund source level.
Sec. 287. 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. 288. (1) Beginning October 1 of the current fiscal year,
no less than 90% of a new department contract supported solely from
state restricted funds or general fund/general purpose funds and
designated in this part or part 1 for a specific entity for the
purpose of providing services to individuals shall be expended for
such services after the first year of the contract.
(2) The department may allow a contract to exceed the
limitation on administrative and services costs if it can be
demonstrated that an exception should be made to the provision in
subsection (1).
(3) By September 30 of the current fiscal year, the department
shall report to the house and senate appropriations subcommittees
on the department budget, house and senate fiscal agencies, and
state budget office on the rationale for all exceptions made to the
provision in subsection (1) and the number of contracts terminated
due to violations of subsection (1).
Sec. 290. Any public advertisement for state assistance shall
also inform the public of the welfare fraud hotline operated by the
department.
Sec. 291. (1) The department shall verify, using the e-verify
system, that all new department employees, and new hire employees
of contractors and subcontractors paid from funds appropriated in
part 1, are legally present in the United States. The department
may verify this information directly or may require contractors and
subcontractors to verify the information and submit a certification
to the department.
(2) By February 15 of the current fiscal year, the department
shall submit to the house and senate appropriations subcommittees
on the department budget, the house and senate fiscal agencies, and
the house and senate policy offices a report on the number of new
department employees and new hire employees of contractors and
subcontractors that were found to not be legally present in the
United States.
Sec. 292. The department shall cooperate with the department
of technology, management, and budget to maintain a searchable
website accessible by the public at no cost that includes, but is
not limited to, all of the following for each department or agency:
(a) Fiscal year-to-date expenditures by category.
(b) Fiscal year-to-date expenditures by appropriation unit.
(c) Fiscal year-to-date payments to a selected vendor,
including the vendor name, payment date, payment amount, and
payment description.
(d) The number of active department employees by job
classification.
(e) Job specifications and wage rates.
Sec. 293. 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. 294. From the funds appropriated in part 1 for the MMIS
line item, $20,000,000.00 in private revenue may be received from
and allocated for other states interested in participating as part
of the broader MMIS.
Sec. 295. (1) From the funds appropriated in part 1 to
agencies providing physical and behavioral health services to
multicultural populations, the department shall competitively award
grants in accordance with the requirements of subsection (2). The
state is not liable for any spending above the contract amount.
(2) The department shall require each contractor described in
subsection (1) that receives greater than $1,000,000.00 in state
grant funding to comply with performance-related metrics to
maintain their eligibility for funding. The organizational metrics
shall include, but not be limited to, all of the following:
(a) Each contractor or subcontractor shall have accreditations
that attest to their competency and effectiveness as behavioral
health and social service agencies.
(b) Each contractor or subcontractor shall have a mission that
is consistent with the purpose of the multicultural agency.
(c) Each contractor shall validate that any subcontractors
utilized within these appropriations share the same mission as the
lead agency receiving funding.
(d) Each contractor or subcontractor shall demonstrate cost-
effectiveness.
(e) Each contractor or subcontractor shall ensure their
ability to leverage private dollars to strengthen and maximize
service provision.
(f) Each contractor or subcontractor shall provide timely and
accurate reports regarding the number of clients served, units of
service provision, and ability to meet their stated goals.
(3) The department shall require an annual report from the
contractors described in subsection (2). The annual report, due 60
days following the end of the contract period, shall include
specific information on services and programs provided, the client
base to which the services and programs were provided, information
on any wraparound services provided, and the expenditures for those
services. The department shall provide the annual reports to the
senate and house appropriations subcommittees on health and human
services, the senate and house fiscal agencies, and the state
budget office.
Sec. 296. By February 1 of the current fiscal year, the
department shall submit a report to the senate and house
appropriations committees on the department budget, the senate and
house fiscal agencies, the senate and house policy offices, and the
state budget office detailing a proposal to enhance services
provided by PIHPs through the Medicaid mental health services,
Medicaid substance use disorder services, Healthy Michigan plan -
behavioral health and autism services lines and reform payment
processes with the result of more money going to high-value patient
care. The report must include, but is not limited to, proposals on
how to do all of the following:
(a) Increase access to high-value community-based services and
resident choice of provider.
(b) Increase access to integrated behavioral and physical
health services within community-based settings.
(c) Identify and increase the utilization of high-value
services and identify and decrease the utilization of low-value
services.
(d) Integrate behavioral and physical health patient
population risk stratification with opportunities for shared risk
among contracted providers.
(e) Align behavioral and physical health care providers'
clinical and claims data sharing.
Sec. 297. Total authorized appropriations from all sources
under part 1 for legacy costs for the fiscal year ending September
30, 2017 are $364,972,800.00. From this amount, total agency
appropriations for pension-related legacy costs are estimated at
$202,368,400.00. Total agency appropriations for retiree health
care legacy costs are estimated at $162,604,400.00.
Sec. 299. (1) No state department or agency shall issue a
request for proposal (RFP) for a contract in excess of
$5,000,000.00, unless the department or agency has first considered
issuing a request for information (RFI) or a request for
qualification (RFQ) relative to that contract to better enable the
department or agency to learn more about the market for the
products or services that are the subject of the RFP. The
department or agency shall notify the department of technology,
management, and budget of the evaluation process used to determine
if an RFI or RFQ was not necessary prior to issuing the RFP.
(2) From funds appropriated in part 1, for all RFPs issued
during the current fiscal year where an existing service received
proposals by multiple vendors, the department shall notify all
vendors within 30 days of the RFP decision. The notification to
vendors shall include details on the RFP process, including the
respective RFP scores and the respective cost for each vendor. If
the highest scored RFP or lowest cost RFP does not receive the
contract for an existing service offered by the department, the
notification shall issue an explanation for the reasons that the
highest scored RFP or lowest cost RFP did not receive the contract
and detail the incremental cost target amount or service level
required that was required to migrate the service to a new vendor.
Additionally, the department shall include in the notification
details as to why a cost or service difference is justifiable if
the highest scored or lowest cost vendor does not receive the
contract.
(3) The department shall submit to the senate and house
appropriations subcommittees on the department budget, the senate
and house fiscal agencies, the senate and house policy offices, and
the state budget office by September 30 of the current fiscal year
a report that summarizes all RFPs during the current fiscal year
where an existing service received proposals by multiple vendors.
The report shall list all finalized RFPs where there was a
divergence from awarding the contract to the lowest cost or highest
scoring vendor. The report shall also include the cost or service
threshold required by department policy that must be satisfied in
order for an existing contract to be received by new vendor.
DEPARTMENTWIDE ADMINISTRATION
Sec. 307. (1) From the funds appropriated in part 1 for
demonstration projects, $500,000.00 shall be distributed as
provided in subsection (2). The amount distributed under this
subsection shall not exceed 50% of the total operating expenses of
the program described in subsection (2), with the remaining 50%
paid by local United Way organizations and other nonprofit
organizations and foundations.
(2) Funds distributed under subsection (1) shall be
distributed to Michigan 2-1-1, a nonprofit corporation organized
under the laws of this state that is exempt from federal income tax
under section 501(c)(3) of the internal revenue code of 1986, 26
USC 501(c)(3), and whose mission is to coordinate and support a
statewide 2-1-1 system. Michigan 2-1-1 shall use the funds only to
fulfill the Michigan 2-1-1 business plan adopted by Michigan 2-1-1
in January 2005.
(3) Michigan 2-1-1 shall refer to the department any calls
received reporting fraud, waste, or abuse of state-administered
public assistance.
(4) Michigan 2-1-1 shall report annually to the department and
the house and senate standing committees with primary jurisdiction
over matters relating to human services and telecommunications on
2-1-1 system performance, including, but not limited to, call
volume by health and human service needs and unmet needs identified
through caller data and customer satisfaction metrics.
Sec. 310. It is the intent of the legislature that the
department shall work with youth-oriented nonprofit organizations
to provide mentoring programming for children of incarcerated
parents and other at-risk children.
Sec. 316. From the funds appropriated in part 1 for terminal
leave payouts and other employee costs, the department shall not
spend in excess of its annual gross appropriation unless it
identifies and requests a legislative transfer from another
budgetary line item supporting administrative costs, as provided by
section 393(2) of the management and budget act, 1984 PA 431, MCL
18.1393.
CHILD SUPPORT ENFORCEMENT
Sec. 401. (1) The appropriations in part 1 assume a total
federal child support incentive payment of $26,500,000.00.
(2) From the federal money received for child support
incentive payments, $12,000,000.00 shall be retained by the state
and expended for child support program expenses.
(3) From the federal money received for child support
incentive payments, $14,500,000.00 shall be paid to the counties
based on each county's performance level for each of the federal
performance measures as established in 45 CFR 305.2.
(4) If the child support incentive payment to the state from
the federal government is greater than $26,500,000.00, then 100% of
the excess shall be retained by the state and is appropriated until
the total retained by the state reaches $15,397,400.00.
(5) If the child support incentive payment to the state from
the federal government is greater than the amount needed to satisfy
the provisions identified in subsections (1), (2), (3), and (4),
the additional funds shall be subject to appropriation by the
legislature.
(6) If the child support incentive payment to the state from
the federal government is less than $26,500,000.00, then the state
and county share shall each be reduced by 50% of the shortfall.
Sec. 409. (1) If statewide retained child support collections
exceed $38,300,000.00, 75% of the amount in excess of
$38,300,000.00 is appropriated to legal support contracts. This
excess appropriation may be distributed to eligible counties to
supplement and not supplant county title IV-D funding.
(2) Each county whose retained child support collections in
the current fiscal year exceed its fiscal year 2004-2005 retained
child support collections, excluding tax offset and financial
institution data match collections in both the current year and
fiscal year 2004-2005, shall receive its proportional share of the
75% excess.
Sec. 410. (1) If title IV-D-related child support collections
are escheated, the state budget director is authorized to adjust
the sources of financing for the funds appropriated in part 1 for
legal support contracts to reduce federal authorization by 66% of
the escheated amount and increase general fund/general purpose
authorization by the same amount. This budget adjustment is
required to offset the loss of federal revenue due to the escheated
amount being counted as title IV-D program income in accordance
with federal regulations at 45 CFR 304.50.
(2) The department shall notify the chairs of the house and
senate appropriations subcommittees on the department budget and
the house and senate fiscal agencies within 15 days of the
authorization adjustment in subsection (1).
COMMUNITY SERVICES AND OUTREACH
Sec. 450. (1) From the funds appropriated in part 1 for school
success partnership program, the department shall allocate
$450,000.00 by December 1 of the current fiscal year to support the
Northeast Michigan Community Service Agency programming, which will
take place in each county in the Governor's Prosperity Region 3.
The department shall require the following performance objectives
be measured and reported for the duration of the state funding for
the school success partnership program:
(a) Increasing school attendance and decreasing chronic
absenteeism.
(b) Increasing academic performance based on grades with
emphasis on math and reading.
(c) Identifying barriers to attendance and success and
connecting families with resources to reduce these barriers.
(d) Increasing parent involvement with the parent's child's
school and community.
(2) The Northeast Michigan Community Service Agency shall
provide reports to the department on January 31 and June 30 of the
current fiscal year on the number of children and families served
and the services that were provided to families to meet the
performance objectives identified in this section. The department
shall distribute the reports within 1 week after receipt to the
senate and house appropriations subcommittees on the department
budget, the senate and house fiscal agencies, the senate and house
policy offices, and the state budget office.
Sec. 452. From the funds appropriated in part 1 for justice
assistance grants, the department shall continue to support
forensic nurse examiner programs to facilitate training for
improved evidence collection for the prosecution of sexual assault.
The funds shall be used for program coordination and training.
CHILD WELFARE SERVICES
Sec. 501. (1) A goal is established that not more than 27% of
all children in foster care at any given time during the current
fiscal year will have been in foster care for 24 months or more.
(2) By March 1 of the current fiscal year, the department
shall provide to the senate and house appropriations subcommittees
on the department budget, the senate and house fiscal agencies, the
senate and house policy offices, and the state budget office a
report describing the steps that will be taken to achieve the
specific goal established in this section and on the percentage of
children who currently are in foster care and who have been in
foster care a total of 24 or more months.
Sec. 502. From the funds appropriated in part 1 for foster
care, the department shall provide 50% reimbursement to Indian
tribal governments for foster care expenditures for children who
are under the jurisdiction of Indian tribal courts and who are not
otherwise eligible for federal foster care cost sharing.
Sec. 503. (1) In accordance with the final report of the
Michigan child welfare performance-based funding task force issued
in response to section 503 of article X of 2013 PA 59, the
department shall continue to develop actuarially sound case rates
for necessary out-of-home child welfare services that achieve
permanency by the department and private child placing agencies in
a prospective payment system under a performance-based funding
model.
(2) The department shall continue to develop a prospective
rate payment system for private agencies that includes funding for
adoption incentive payments. The full cost prospective rate payment
system will identify and cover contractual costs paid through the
case rate developed by an independent actuary.
(3) By October 1, 2016, the department shall provide to the
senate and house appropriations committees on the department
budget, the senate and house fiscal agencies and policy offices,
and the state budget office a report on the full cost analysis of
the performance-based funding model. The report shall include
background information on the project and give details about the
contractual costs covered through the case rate.
(4) In accordance with the final report of the Michigan child
welfare performance-based funding task force issued in response to
section 503 of article X of 2013 PA 59, the department shall
implement a 5-year independent, third-party evaluation of the
performance-based funding model. The evaluator shall be selected
through a competitive process by a rating committee that includes,
but is not limited to, representatives from the department and
private child placing agencies.
(5) The department shall only implement the performance-based
funding model into additional counties where the department,
private child welfare agencies, the county, and the court operating
within that county have signed a memorandum of understanding that
incorporates the intentions of the concerned parties in order to
implement the performance-based funding model.
(6) The department, in conjunction with members from both the
house of representatives and senate, private child placing
agencies, the courts, and counties shall implement the
recommendations that are described in the workgroup report that was
provided in section 503 of article X of 2013 PA 59 to establish a
performance-based funding for public and private child welfare
services providers. The department shall provide a quarterly report
on the status of the performance-based contracting model to the
senate and house appropriations subcommittees on the department
budget, the senate and house standing committees on families and
human services, and the senate and house fiscal agencies and policy
offices.
(7) From the funds appropriated in part 1 for the performance-
based funding model pilot in Kent County, the department may
develop a master agreement with a consortium, recognized by the
Internal Revenue Service as tax-exempt as defined under section
501(c)(3) of the internal revenue code of 1986, 26 USC 501,
consisting of a network of affiliated child welfare service
providers, to accept and comprehensively assess referred youth,
assign cases to members of its continuum or leverage services from
other entities, and make appropriate case management decisions
during the duration of a case. The consortium shall operate an
integrated continuum of care structure, with services provided by
both private and public agencies, based on individual case needs.
The consortium shall demonstrate significant organizational
capacity and competencies, including experience with managing risk-
based contracts, financial strength, experienced staff and
leadership, and appropriate governance structure.
Sec. 504. (1) From the funds appropriated in part 1 for
performance-based funding implementation, the department shall
provide $500,000.00 in 1-time funding to support a portion of the
first-year start-up costs to operate a consortium in Kent County
for a performance-based child welfare contracting pilot program.
Allowable start-up costs include $300,000.00 for administration,
facilities, initial salaries, and wages and $200,000.00 for
information technology infrastructure.
(2) The department may establish a master agreement with a
consortium in Kent County for a performance-based child welfare
contracting pilot program. The consortium must be recognized by
this state as a nonprofit organization and must have submitted an
application to the Internal Revenue Service for 501(c)(3) status.
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.
(3) The consortium shall operate an integrated continuum of
care structure, with services provided by private or public
agencies, based on individual case needs. The consortium shall
demonstrate significant organizational capacity and competencies,
including financial strength, experienced staff and leadership, and
appropriate governance structure.
(4) 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 Kent County consortium, including, but not limited to, actual
expenditures, number of children placed by agencies in the
consortium, fund balance of the consortium, and the status of the
consortium evaluation.
Sec. 505. By March 1 of the current fiscal year, the
department and Wayne County shall provide to the senate and house
appropriations committees on the department budget, the senate and
house fiscal agencies and policy offices, and the state budget
office a report for youth served in the previous fiscal year and in
the first quarter of the current fiscal year outlining the number
of youth served within each juvenile justice system, the type of
setting for each youth, performance outcomes, and financial costs
or savings.
Sec. 507. The department's ability to satisfy appropriation
deducts in part 1 for foster care private collections shall not be
limited to collections and accruals pertaining to services provided
only in the current fiscal year but may include revenues collected
during the current fiscal year for services provided in prior
fiscal years.
Sec. 508. (1) In addition to the amount appropriated in part 1
for children's trust fund grants, money granted or money received
as gifts or donations to the children's trust fund created by 1982
PA 249, MCL 21.171 to 21.172, is appropriated for expenditure.
(2) The department and the child abuse and neglect prevention
board shall collaborate to ensure that administrative delays are
avoided and the local grant recipients and direct service providers
receive money in an expeditious manner. The department and board
shall make available the children's trust fund contract funds to
grantees within 31 days of the start date of the funded project.
Sec. 511. 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, and the senate and house fiscal agencies and policy
offices on the number and percentage of children who received
timely health examinations after entry into foster care and the
number and percentage of children entering foster care who received
a required mental health examination after entry into foster care.
Sec. 513. (1) The department shall not expend funds
appropriated in part 1 to pay for the direct placement by the
department of a child in an out-of-state facility unless all of the
following conditions are met:
(a) There is no appropriate placement available in this state
as determined by the department interstate compact office.
(b) An out-of-state placement exists that is nearer to the
child's home than the closest appropriate in-state placement as
determined by the department interstate compact office.
(c) The out-of-state facility meets all of the licensing
standards of this state for a comparable facility.
(d) The out-of-state facility meets all of the applicable
licensing standards of the state in which it is located.
(e) The department has done an on-site visit to the out-of-
state facility, reviewed the facility records, reviewed licensing
records and reports on the facility, and believes that the facility
is an appropriate placement for the child.
(2) The department shall not expend money for a child placed
in an out-of-state facility without approval of the deputy director
for children's services. The department shall notify the
appropriate state agency in that state including the name of the
out-of-state provider who accepted the placement.
(3) The department shall submit an annual report to the state
court administrative office, the house and senate appropriations
subcommittees on the department budget, the house and senate fiscal
agencies, and the house and senate policy offices on the number of
Michigan children residing in out-of-state facilities at the time
of the report, the total cost and average per diem cost of these
out-of-state placements to this state, and a list of each such
placement arranged by the Michigan county of residence for each
child.
(4) The department shall submit an annual report by February
15 of the current fiscal year on per diem costs of each residential
care provider that has an established state rate and is located or
doing business in this state.
(5) It is the intent of the legislature that the department
shall work in conjunction with the courts and the state court
administrative office to identify data needed to calculate
statewide recidivism rates for adjudicated youth placed in either
residential secure or nonsecure facilities, defined at 6 months
after a youth is released from placement.
(6) By March 1 of the current fiscal year, the department
shall notify the legislature on the status of efforts to accomplish
the intent of subsection (5).
Sec. 514. The department shall make a comprehensive report
concerning children's protective services (CPS) to the legislature,
including the senate and house policy offices and the state budget
director, by January 1 of the current fiscal year, that shall
include all of the following:
(a) Statistical information including, at a minimum, all of
the following:
(i) The total number of reports of child abuse or child
neglect investigated under the child protection law, 1975 PA 238,
MCL 722.621 to 722.638, and the number of cases classified under
category I or category II and the number of cases classified under
category III, category IV, or category V.
(ii) Characteristics of perpetrators of child abuse or child
neglect and the child victims, such as age, relationship, race, and
ethnicity and whether the perpetrator exposed the child victim to
drug activity, including the manufacture of illicit drugs, that
exposed the child victim to substance abuse, a drug house, or
methamphetamine.
(iii) The mandatory reporter category in which the individual
who made the report fits, or other categorization if the individual
is not within a group required to report under the child protection
law, 1975 PA 238, MCL 722.621 to 722.638.
(iv) The number of cases that resulted in the separation of
the child from the parent or guardian and the period of time of
that separation, up to and including termination of parental
rights.
(v) For the reported complaints of child abuse or child
neglect by teachers, school administrators, and school counselors,
the number of cases classified under category I or category II and
the number of cases classified under category III, category IV, or
category V.
(vi) For the reported complaints of child abuse or child
neglect by teachers, school administrators, and school counselors,
the number of cases that resulted in separation of the child from
the parent or guardian and the period of time of that separation,
up to and including termination of parental rights.
(b) New policies related to children's protective services
including, but not limited to, major policy changes and court
decisions affecting the children's protective services system
during the immediately preceding 12-month period.
(c) The department policy, or changes to the department
policy, regarding children who have been exposed to the production
or manufacture of methamphetamines.
Sec. 515. By October 1, 2016, the department shall submit a
report to the senate and house appropriations subcommittees on the
department budget, the senate and house fiscal agencies, the senate
and house policy offices, and the state budget office that provides
an update on the privatization of child welfare services in Kent
County as described in section 515 of article X of 2013 PA 59 and
includes all of the following:
(a) Costs or savings that resulted from the program.
(b) Gaps in funding.
(c) Program successes.
(d) Challenges and barriers to a successful implementation.
Sec. 519. The department shall permit any private agency that
has an existing contract with this state to provide foster care
services to be also eligible to provide treatment foster care
services.
Sec. 522. (1) From the funds appropriated in part 1 for youth
in transition, the department shall allocate $750,000.00 for
college scholarships through the fostering futures scholarship
program in the Michigan education trust to youths who were in
foster care because of child abuse or child neglect and are
attending a college located in this state. Of the funds
appropriated, 100% shall be used to fund scholarships for the
youths described in this section.
(2) Not later than March 1 of the current fiscal year, the
department shall provide a report to the senate and house
appropriations subcommittees on the department budget, the senate
and house fiscal agencies, the senate and house policy offices, and
the state budget office that includes the number of youths who
received scholarships and the amount of each scholarship, and the
total amount of funds spent or encumbered in the current fiscal
year.
Sec. 523. (1) By February 15 of the current fiscal year, the
department shall report on the families first, family
reunification, and families together building solutions family
preservation programs to the senate and house appropriations
subcommittees on the department budget, the senate and house fiscal
agencies, the senate and house policy offices, and the state budget
office. The report shall contain all of the following for each
program:
(a) The average cost per recipient served.
(b) Measurable performance indicators.
(c) Desired outcomes or results and goals that can be measured
on an annual basis, or desired results for a defined number of
years.
(d) Monitored results.
(e) Innovations that may include savings or reductions in
administrative costs.
(2) From the funds appropriated in part 1 for youth in
transition and domestic violence prevention and treatment, the
department is authorized to make allocations of TANF funds only to
agencies that report necessary data to the department for the
purpose of meeting TANF eligibility reporting requirements.
Sec. 524. As a condition of receiving funds appropriated in
part 1 for strong families/safe children, counties must submit the
service spending plan to the department by October 1 of the current
fiscal year for approval. The department shall approve the service
spending plan within 30 calendar days after receipt of a properly
completed service spending plan.
Sec. 525. The department shall implement the same on-site
evaluation processes for privately operated child welfare and
juvenile justice residential facilities as is used to evaluate
state-operated facilities. Penalties for noncompliance shall be the
same for privately operated child welfare and juvenile justice
residential facilities and state-operated facilities.
Sec. 526. From the funds appropriated in part 1 for foster
care payments and related administrative costs, the department may
implement the federally approved title IV-E child welfare waiver
demonstration project. As required under the waiver, any savings
resulting from the demonstration project must be quantified and
reinvested into child welfare programming.
Sec. 532. (1) The department, in collaboration with
representatives of private child and family agencies, shall revise
and improve the annual licensing review process and the annual
contract compliance review process for child placing agencies and
child caring institutions. The improvement goals shall be safety
and care for children. Improvements to the review process shall be
directed toward alleviating administrative burdens so that agency
resources may be focused on children. The revision shall include
identification of duplicative staff activities and information
sought from child placing agencies and child caring institutions in
the annual review process. The department shall report to the
senate and house appropriations subcommittees on the department
budget, the senate and house fiscal agencies and policy offices,
and the state budget director on or before January 15 of the
current fiscal year on the findings of the annual licensing review.
(2) The department shall conduct licensing reviews no more
than once every 3 years for child placing agencies and child caring
institutions that are nationally accredited and have no outstanding
violations.
Sec. 533. (1) The department shall make payments to child
placing facilities for in-home and out-of-home care services and
adoption services within 30 days of receiving all necessary
documentation from those agencies. It is the intent of the
legislature that the burden of ensuring that these payments are
made in a timely manner and no payments are in arrears is upon the
department.
(2) No later than March 1, The department shall submit a
report to the senate and house appropriations subcommittees on the
department budget, the senate and house fiscal agencies, the senate
and house policy offices, and the state budget office that details
each private child placing agency and the percentage of payments
that were in excess of 30 days during the entire prior fiscal year
and the first quarter of the current fiscal year.
Sec. 534. (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 an implementation plan regarding the appropriation in
part 1 to implement the MiSACWIS. The plan shall include, but not
be limited to, efforts to bring the system in compliance with the
settlement and other federal guidelines set forth by the United
States Department of Health and Human Services Administration for
Children and Families.
(2) The department shall report to the senate and house
appropriations subcommittees on the department budget, the senate
and house fiscal agencies, the senate and house policy offices, and
the state budget office by November 1 of the current fiscal year a
status report on the planning, implementation, and operation,
regardless of the current operational status, regarding the
appropriation in part 1 to implement the MiSACWIS. The report shall
provide details on the planning, implementation, and operation of
the system, including, but not limited to, all of the following:
(a) Areas where implementation went as planned.
(b) The number of known issues.
(c) The average number of help tickets submitted per day.
(d) Any additional overtime or other staffing costs to address
known issues and volume of help tickets.
(e) Any contract revisions to address known issues and volume
of help tickets.
(f) Other strategies undertaken to improve implementation.
(g) Progress developing cross-system trusted data exchange
with MiSACWIS
(h) Progress in moving away from a statewide/tribal automated
child welfare information system (SACWIS/TACWIS) 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 and tribal governments.
Sec. 537. (1) The department, in collaboration with child
placing agencies, shall develop a strategy to implement section
115o of the social welfare act, 1939 PA 280, MCL 400.115o. The
strategy shall include a requirement that a department caseworker
responsible for preparing a recommendation to a court concerning a
juvenile placement shall provide, as part of the recommendation,
information regarding the requirements of section 115o of the
social welfare act, 1939 PA 280, MCL 400.115o.
(2) Between February 1 and February 29, 2016, 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 strategy described in subsection (1).
Sec. 540. If a physician or psychiatrist who is providing
services to state or court wards placed in a residential facility
submits a formal request to the department to change the
psychotropic medication of a ward, the department shall, if the
ward is a state ward, make a determination on the proposed change
within 7 business days after the request or, if the ward is a
temporary court ward, seek parental consent within 7 business days
after the request. If parental consent is not provided within 7
business days, the department shall petition the court on the
eighth business day.
Sec. 546. (1) From the funds appropriated in part 1 for foster
care payments and from child care fund, the department shall pay
providers of foster care services not less than a $37.00
administrative rate.
(2) From the funds appropriated in part 1 for foster care
payments and from child care fund, the department shall pay
providers of general independent living services not less than a
$28.00 administrative rate.
(3) From the funds appropriated in part 1, the department
shall pay providers of independent living plus services statewide
per diem rates for staff-supported housing and host-home housing
based on proposals submitted in response to a solicitation for
pricing. The independent living plus program provides staff-
supported housing and services for foster youth ages 16 through 19
who, because of their individual needs and assessments, are not
initially appropriate for general independent living foster care.
(4) From the funds appropriated in part 1, the department
shall pay providers of foster care services an additional $8.00
administrative rate, if section 117a of the social welfare act,
1939 PA 280, MCL 400.117a, is amended to eliminate the county match
rate for the additional administrative rate provided in this
subsection. Payments under this subsection shall be made, not less
than, on a monthly basis.
(5) If required by the federal government to meet title IV-E
requirements, providers of foster care services shall submit
quarterly expenditure reports to the department to identify actual
costs of providing foster care services.
(6) From the funds appropriated in part 1, the department
shall provide an increase to each private provider of residential
services, if section 117a of the social welfare act, 1939 PA 280,
MCL 400.117a, is amended to eliminate the county match rate for the
additional rate provided in this section.
Sec. 547. From the funds appropriated in part 1 for the
guardianship assistance program, the department shall pay a minimum
rate that is not less than the approved age-appropriate payment
rates for youth placed in family foster care.
Sec. 556. No later than December 1 for the current fiscal
year, the department shall provide an annual report to the
subcommittees of the senate and house appropriations committees on
the department budget, the house and senate fiscal agencies, and
the state budget director that includes the following:
(a) The number of complaints filed by adoptive parents who
were not notified that their adopted child had special needs.
(b) The number of cases that received redetermined adoption
assistance as defined in section 115f of the social welfare act,
1939 PA 280, MCL 400.115f, the total expenditures on the program,
and the number of cases in each determination of care level of
payment.
Sec. 558. (1) The department shall permit private nationally
accredited foster care and adoption agencies to conduct their own
staff training, based on current department policies and
procedures, if the agency trainer and training materials are
certified by the department through a train the trainer model and
agency documents to the department that the training was provided.
The department shall provide access to all training materials the
private agencies will need to facilitate this training.
(2) The department shall post on the department's website a
list of all relevant departmental training materials available to
private child placing agencies that are allowed to conduct their
own training in accordance with this section. The department shall
also provide to private child placing agencies that are allowed to
conduct their own training any updated training materials as they
become available.
(3) The department shall submit to the senate and house
appropriations subcommittees on the department budget, the senate
and house fiscal agencies, the senate and house policy offices, and
the state budget office by March 1 of the current fiscal year a
report on the training programs or courses provided through the
child welfare training institute described in subsection (1), and
the annual cost for each program or course. The report shall
include the following data:
(a) The number of training programs or courses that were
provided for private agencies.
(b) The number of employees from private agencies who attended
any training.
(c) The number of training programs or courses that were
provided through an online forum.
(d) The number of training programs or courses that were
provided in local service areas.
(e) For courses that are in-person or not accessible online,
attendance figures for each course.
(4) The department shall not hire any employee of a private
child placing agency if he or she was instructed by the child
welfare training institute for no less than 6 months after the
final course has been completed by the employee.
Sec. 559. (1) From the funds appropriated in part 1 for
adoption support services, the department shall allocate
$350,000.00 to the Adoptive Family Support Network by December 1 of
the current fiscal year to operate and expand its adoptive parent
mentor program to provide a listening ear, knowledgeable guidance,
and community connections to adoptive parents and children who were
adopted in this state or another state.
(2) The Adoptive Family Support Network shall submit to the
senate and house appropriations subcommittees on the department
budget, the senate and house fiscal agencies, the senate and house
policy offices, and the state budget office by March 1 of the
current fiscal year a report on the program described in subsection
(1), including, but not limited to, the number of cases served and
the number of cases in which the program prevented an out-of-home
placement.
Sec. 562. The department shall provide time and travel
reimbursements for foster parents who transport a foster child to
parent-child visitations. As part of the foster care parent
contract, the department shall provide written confirmation to
foster parents that states that the foster parents have the right
to request these reimbursements for all parent-child visitations.
The department shall provide these reimbursements within 60 days of
receiving a request for eligible reimbursements from a foster
parent.
Sec. 567. (1) The caseworker or supervisor who is assigned to
a foster care case is responsible for completing a medical passport
for the cases assigned to him or her. If a child in foster care is
transferred to a new placement or returned to his or her parent's
or guardian's home, the medical passport and any school records in
the caseworkers' or supervisors' possession must be transferred
within 2 weeks from the date of placement or return to the home.
(2) 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 items described in subsection (1), including the
following:
(a) The percentage of medical passports that were properly
filled out.
(b) From the total medical passports transferred, the
percentage that transferred within 2 weeks from the date of
placement or return to the home.
(c) From the total school records, the percentage that
transferred within 2 weeks from the date of placement or return to
the home.
(d) The implementation steps that have been taken to improve
the outcomes for the measures in subdivisions (a) and (b).
Sec. 568. (1) From the funds appropriated in part 1 for
adoption subsidies, the department shall pay a minimum adoption
subsidy rate that is not less than 95% of the rate that was or
would have been provided for the adoptee in family foster care at
the time of the adoption. This rate includes the determination of
care rate that was paid or would have been paid to the adoptive
parent for the adoptee in a family foster care placement, and this
amount shall be increased to reflect any increase in the standard
age appropriate foster care rate.
(2) "Determination of care rate" as described in this section
means a supplemental payment to the standard age appropriate foster
care rate that may be justified when extraordinary care or expense
is required. The supplemental payment is based on 1 or more of the
following case situations where additional care is required of the
foster care provider or adoptive parent or an additional expense
exists:
(a) Physically disabled children for whom the adoptive parent
must provide measurably greater supervision and care.
(b) Children with special psychological or psychiatric needs
that require extra time and measurably greater amounts of care and
attention by the adoptive parent.
(c) Children requiring special diets that are more expensive
than a normal diet and that require extra time and effort by the
adoptive parent to obtain or prepare.
(d) Children whose severe acting-out or antisocial behavior
requires a measurably greater amount of care and attention of the
adoptive parent.
(3) The department shall, on a separate form, allow an
adoptive parent to sign a certification that he or she rejects a
support subsidy.
(4) If this section conflicts with state statute enacted
subsequent to this act, the state statute controls.
Sec. 569. The department shall reimburse private child placing
agencies that complete adoptions at the rate according to the date
on which the petition for adoption and required support
documentation was accepted by the court and not according to the
date the court's order placing for adoption was entered.
Sec. 574. (1) From the funds appropriated in part 1 for foster
care payments, $2,500,000.00 is allocated to support performance-
based contracts with child placing agencies to facilitate the
licensure of relative caregivers as foster parents. Agencies shall
receive $2,300.00 for each facilitated licensure if completed
within 180 days after a child's placement or, if a waiver was
previously approved, 180 days from the application date. If the
facilitated licensure, or approved waiver, is completed after 180
days, the agency shall receive up to $2,300.00. The agency
facilitating the licensure would retain the placement and continue
to provide case management services for at least 50% of the newly
licensed cases for which the placement was appropriate to the
agency. Up to 50% of the newly licensed cases would have direct
foster care services provided by the department.
(2) From the funds appropriated for foster care payments,
$375,000.00 is allocated to support family incentive grants to
private and community-based foster care service providers to assist
with home improvements or payment for physical exams for applicants
needed by foster families to accommodate foster children.
Sec. 583. By February 1 of the current fiscal year, the
department shall provide to the senate and house appropriations
subcommittees on the department budget, the senate and house
standing committees on families and human services, the senate and
house fiscal agencies and policy offices, and the state budget
office a report that includes:
(a) The number and percentage of foster parents that dropped
out of the program in the previous fiscal year and the reasons the
foster parents left the program and how those figures compare to
prior fiscal years.
(b) The number and percentage of foster parents successfully
retained in the previous fiscal year and how those figures compare
to prior fiscal years.
Sec. 585. The department shall make available at least 1 pre-
service training class each month in which new caseworkers for
private foster care and adoption agencies can enroll.
Sec. 586. (1) From the funds appropriated in part 1 to
juvenile justice vision 20/20, $1,000,000.00 is allocated to the
College of Community and Public Service at Grand Valley State
University in partnership with Juvenile Justice Vision 20/20 for
implementation of a juvenile justice data sharing system. Grand
Valley State University will provide project management oversight
of the multijurisdictional juvenile justice data sharing
implementation project and integrate additional juvenile courts
using the model.
(2) Contracts or data sharing agreements with juvenile courts
shall be developed by the College of Community and Public Service
at Grand Valley State University in collaboration with Juvenile
Justice Vision 20/20 and include, at a minimum, all of the
following:
(a) The types of data and the manner in which the data are
shared with the family division of circuit courts in this state and
other state agencies.
(b) A notification of when data will be available to the
participating parties.
(c) A detailed description of the purposes for which the data
shall be made available.
(d) The length of the proposed or executed contract.
(e) The methods by which the data will be shared, including
the format of the data.
(f) Ability for state agencies to access, but not own, the
data produced in the partnership, including access for the
department and the state court administrative office for purposes
of case management integration and information sharing.
(3) Administrative expenses for this contract management shall
be not more than 10% of the total expenses from the funds
appropriated under part 1 for this purpose.
(4) By March 1, 2017, the College of Community and Public
Service at Grand Valley State University and Juvenile Justice
Vision 20/20 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 on the
status of the implementation of data sharing agreements between
juvenile courts and state agencies. The report shall also include
technical obstacles the project has encountered, the number of
courts that have signed the agreement and the duration of their
agreement, the number of juvenile records now available to be
shared, a detailed report of expenses incurred, and recommendations
for the legislature to further implement and expand the data
sharing agreement.
Sec. 587. (1) From the funds appropriated in part 1 to in-home
community care programs, $400,000.00 shall be used to expand or
create new in-home care and community-based juvenile justice
services for rural counties through their county spending plans
that comply with the requirements of the social welfare act, 1939
PA 280, MCL 400.1 to 400.119b.
(2) Counties shall describe the proposed funds to be used, the
programming enhancements to be achieved, and the youth to be served
by the additional funding in their spending plan. Counties that
received funds for the purpose described in section 587 of article
X of 2015 PA 84 are not eligible to receive the funds in this
section. The department shall expend the full amount of funds on a
first-come, first-served basis no later than December 31 of the
current fiscal year to counties that apply in their approved
spending plan. Counties with greater than 75,000 in population as
of October 1, 2016 are not eligible for the funding described in
subsection (1). Funding to a given program in a county shall not
exceed $25,000.00.
(3) By March 1 of the current fiscal year, the department
shall submit a report that describes the program expansion and
expenditures in detail to the senate and house appropriations
subcommittees on the department budget, the senate and house fiscal
agencies, and the senate and house policy offices.
Sec. 588. (1) Concurrently with public release, the department
shall transmit all reports from the court-appointed settlement
monitor, including, but not limited to, the needs assessment and
period outcome reporting, to the state budget office, the senate
and house appropriations subcommittees on the department budget,
and the senate and house fiscal agencies, without revision.
(2) The department shall report quarterly to the state budget
office, the senate and house appropriations subcommittees on the
department budget, and the senate and house fiscal agencies, on the
number of children enrolled in the guardianship assistance and
foster care - children with serious emotional disturbance waiver
programs.
Sec. 589. (1) From the funds appropriated in part 1 for child
care fund, the department shall pay 100% of the administrative rate
for all new cases referred to providers of foster care services
beginning on October 1, 2013.
(2) On a monthly basis, the department shall report on the
number of all foster care cases administered by the department and
all foster care cases administered by private providers.
Sec. 593. The department may allow residential service
providers for child abuse and child neglect cases to implement a
staff ratio during working hours of 1 staff to 5 children.
PUBLIC ASSISTANCE
Sec. 601. Whenever a client agrees to the release of his or
her name and address to the local housing authority, the department
shall request from the local housing authority information
regarding whether the housing unit for which vendoring has been
requested meets applicable local housing codes. Vendoring shall be
terminated for those units that the local authority indicates in
writing do not meet local housing codes until such time as the
local authority indicates in writing that local housing codes have
been met.
Sec. 602. The department shall establish a policy to conduct a
full evaluation of an individual's assistance needs if the
individual has applied for disability more than 1 time within a 1-
year period.
Sec. 603. Between February 1 and February 28, 2017, 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 findings of the maximizing Medicaid claim
workgroup established in section 603 of article X of 2014 PA 252,
including the steps taken to implement the action plan developed by
the workgroup, and the department's ongoing efforts to maximize
Medicaid claims for foster children and adjudicated youths.
Sec. 604. (1) The department shall operate a state disability
assistance program. Except as provided in subsection (3), persons
eligible for this program shall include needy citizens of the
United States or aliens exempted from the supplemental security
income citizenship requirement who are at least 18 years of age or
emancipated minors meeting 1 or more of the following requirements:
(a) A recipient of supplemental security income, social
security, or medical assistance due to disability or 65 years of
age or older.
(b) A person with a physical or mental impairment that meets
federal supplemental security income disability standards, except
that the minimum duration of the disability shall be 90 days.
Substance use disorder alone is not defined as a basis for
eligibility.
(c) A resident of an adult foster care facility, a home for
the aged, a county infirmary, or a substance use disorder treatment
center.
(d) A person receiving 30-day postresidential substance use
disorder treatment.
(e) A person diagnosed as having acquired immunodeficiency
syndrome.
(f) A person receiving special education services through the
local intermediate school district.
(g) A caretaker of a disabled person who meets the
requirements specified in subdivision (a), (b), (e), or (f).
(2) Applicants for and recipients of the state disability
assistance program shall be considered needy if they:
(a) Meet the same asset test as is applied for the family
independence program.
(b) Have a monthly budgetable income that is less than the
payment standards.
(3) Except for a person described in subsection (1)(c) or (d),
a person is not disabled for purposes of this section if his or her
drug addiction or alcoholism is a contributing factor material to
the determination of disability. "Material to the determination of
disability" means that, if the person stopped using drugs or
alcohol, his or her remaining physical or mental limitations would
not be disabling. If his or her remaining physical or mental
limitations would be disabling, then the drug addiction or
alcoholism is not material to the determination of disability and
the person may receive state disability assistance. Such a person
must actively participate in a substance abuse treatment program,
and the assistance must be paid to a third party or through vendor
payments. For purposes of this section, substance abuse treatment
includes receipt of inpatient or outpatient services or
participation in alcoholics anonymous or a similar program.
Sec. 605. The level of reimbursement provided to state
disability assistance recipients in licensed adult foster care
facilities shall be the same as the prevailing supplemental
security income rate under the personal care category.
Sec. 606. County department offices shall require each
recipient of family independence program and state disability
assistance who has applied with the social security administration
for supplemental security income to sign a contract to repay any
assistance rendered through the family independence program or
state disability assistance program upon receipt of retroactive
supplemental security income benefits.
Sec. 607. (1) The department's ability to satisfy
appropriation deductions in part 1 for state disability
assistance/supplemental security income recoveries and public
assistance recoupment revenues shall not be limited to recoveries
and accruals pertaining to state disability assistance, or family
independence assistance grant payments provided only in the current
fiscal year, but may include revenues collected during the current
year that are prior year related and not a part of the department's
accrued entries.
(2) The department may use supplemental security income
recoveries to satisfy the deduct in any line in which the revenues
are appropriated, regardless of the source from which the revenue
is recovered.
Sec. 608. Adult foster care facilities providing domiciliary
care or personal care to residents receiving supplemental security
income or homes for the aged serving residents receiving
supplemental security income shall not require those residents to
reimburse the home or facility for care at rates in excess of those
legislatively authorized. To the extent permitted by federal law,
adult foster care facilities and homes for the aged serving
residents receiving supplemental security income shall not be
prohibited from accepting third-party payments in addition to
supplemental security income if the payments are not for food,
clothing, shelter, or result in a reduction in the recipient's
supplemental security income payment.
Sec. 609. The state supplementation level under the
supplemental security income program for the personal care/adult
foster care and home for the aged categories shall not be reduced
during the current fiscal year. The legislature shall be notified
not less than 30 days before any proposed reduction in the state
supplementation level.
Sec. 610. (1) In developing good cause criteria for the state
emergency relief program, the department shall grant exemptions if
the emergency resulted from unexpected expenses related to
maintaining or securing employment.
(2) For purposes of determining housing affordability
eligibility for state emergency relief, a group is considered to
have sufficient income to meet ongoing housing expenses if their
total housing obligation does not exceed 75% of their total net
income.
(3) State emergency relief payments shall not be made to
individuals who have been found guilty of fraud in regard to
obtaining public assistance.
(4) State emergency relief payments shall not be made
available to persons who are out-of-state residents or illegal
immigrants.
(5) State emergency relief payments for rent assistance shall
be distributed directly to landlords and shall not be added to
Michigan bridge cards.
Sec. 611. The state supplementation level under the
supplemental security income program for the living independently
or living in the household of another categories shall not exceed
the minimum state supplementation level as required under federal
law or regulations.
Sec. 613. (1) The department shall provide reimbursements for
the final disposition of indigent persons. The reimbursements shall
include the following:
(a) The maximum allowable reimbursement for the final
disposition is $800.00.
(b) The adult burial with services allowance is $720.00.
(c) The adult burial without services allowance is $485.00.
(d) The infant burial allowance is $165.00.
(2) It is the intent of the legislature that this charge limit
reflect a total increase of $20.00 per case in payments to funeral
directors for funeral goods and services over the payment rate in
place for the previous fiscal year. In addition, reimbursement for
a cremation permit fee of up to $75.00 and for mileage at the
standard rate will also be made available for an eligible
cremation. The reimbursements under this section shall take into
consideration religious preferences that prohibit cremation.
Sec. 614. The department shall report to the senate and house
of representatives appropriations subcommittees on the department
budget, the senate and house fiscal agencies, and the senate and
house policy offices by January 15 of the current fiscal year on
the number and percentage of state disability assistance recipients
who were determined to be eligible for federal supplemental
security income benefits in the previous fiscal year.
Sec. 615. Except as required by federal law or regulations,
funds appropriated in part 1 shall not be used to provide public
assistance to a person who is an illegal alien. This section shall
not prohibit the department from entering into contracts with food
banks, emergency shelter providers, or other human services
agencies who may, as a normal part of doing business, provide food
or emergency shelter.
Sec. 616. The department shall require retailers that
participate in the electronic benefits transfer program to charge
no more than $2.50 in fees for cash back as a condition of
participation.
Sec. 617. The department shall prepare a report on the number
and percentage of public assistance recipients, categorized by type
of assistance received, who were no longer eligible for assistance
because of their status in the law enforcement information network
and provide the report by January 15 of the current fiscal year to
the senate and house appropriations subcommittees on the department
budget, the senate and house standing committees on families and
human services, and the senate and house fiscal agencies and policy
offices.
Sec. 619. (1) Subject to subsection (2), the department shall
exempt from the denial of title IV-A assistance and food assistance
benefits under 21 USC 862a any individual who has been convicted of
a felony that included the possession, use, or distribution of a
controlled substance, after August 22, 1996, if the individual is
not in violation of his or her probation or parole requirements.
Benefits shall be provided to such individuals as follows:
(a) A third-party payee or vendor shall be required for any
cash benefits provided.
(b) An authorized representative shall be required for food
assistance receipt.
(2) Subject to federal approval, an individual is not entitled
to the exemption in this section if the individual was convicted in
2 or more separate cases of a felony that included the possession,
use, or distribution of a controlled substance after August 22,
1996.
Sec. 620. (1) The department shall make a determination of
Medicaid eligibility not later than 90 days if disability is an
eligibility factor. For all other Medicaid applicants, including
patients of a nursing home, the department shall make a
determination of Medicaid eligibility within 45 days of
application.
(2) The department shall report on a quarterly basis to the
senate and house appropriations subcommittees on the department
budget, the senate and house standing committees on families and
human services, the senate and house fiscal agencies, the senate
and house policy offices, and the state budget office on the
average Medicaid eligibility standard of promptness for each of the
required standards of promptness under subsection (1) and for
medical review team reviews achieved statewide and at each local
office.
Sec. 625. From the funds appropriated in part 1, the
department shall allocate $500,000.00 to contract with the Legal
Services Association of Michigan to provide assistance to
individuals who have applied for or wish to apply for SSI or other
federal disability benefits. The Legal Services Association of
Michigan shall provide a list of new recipients accepted to the
department to verify that services have been provided to department
recipients. The Legal Services Association of Michigan and the
department shall work together to develop release forms to share
information in appropriate cases. The Legal Services Association of
Michigan shall provide quarterly reports indicating cases opened,
cases closed, level of services provided on closed cases, and case
outcomes on closed cases.
Sec. 630. From the funds appropriated in part 1 for family
independence program, the department shall conduct a suspicion-
based drug testing pilot program for the family independence
program according to sections 57y and 57z of the social welfare
act, 1939 PA 280, MCL 400.57y and 400.57z.
Sec. 642. 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. 643. As a condition of receipt of federal TANF funds,
homeless shelters and human services agencies shall collaborate
with the department to obtain necessary TANF eligibility
information on families as soon as possible after admitting a
family to the homeless shelter. From the funds appropriated in part
1 for homeless programs, the department is authorized to make
allocations of TANF funds only to the agencies that report
necessary data to the department for the purpose of meeting TANF
eligibility reporting requirements. Homeless shelters or human
services agencies that do not report necessary data to the
department for the purpose of meeting TANF eligibility reporting
requirements will not receive reimbursements that exceed the per
diem amount they received in fiscal year 2000. The use of TANF
funds under this section should not be considered an ongoing
commitment of funding.
Sec. 645. An individual or family is considered homeless, for
purposes of eligibility for state emergency relief, if living
temporarily with others in order to escape domestic violence. For
purposes of this section, domestic violence is defined and verified
in the same manner as in the department's policies on good cause
for not cooperating with child support and paternity requirements.
Sec. 653. From the funds appropriated in part 1 for food
assistance, an individual who is the victim of domestic violence
and does not qualify for any other exemption may be exempt from the
3-month in 36-month limit on receiving food assistance under 7 USC
2015. This exemption can be extended an additional 3 months upon
demonstration of continuing need.
Sec. 654. The department shall notify recipients of food
assistance program benefits that their benefits can be spent with
their bridge cards at many farmers' markets in the state. The
department shall also notify recipients about the Double Up Food
Bucks program that is administered by the Fair Food Network.
Recipients shall receive information about the Double Up Food Bucks
program, including information that when the recipient spends
$20.00 at participating farmers' markets through the program, the
recipient can receive an additional $20.00 to buy Michigan produce.
Sec. 655. Within 14 days after the spending plan for low-
income home energy assistance program is approved by the state
budget office, the department shall provide the spending plan,
including itemized projected expenditures, to the chairpersons of
the senate and house appropriations subcommittees on the department
budget, the senate and house fiscal agencies, the senate and house
policy offices, and the state budget office.
Sec. 660. From the funds appropriated in part 1 for food bank
funding, the department is authorized to make allocations of TANF
funds only to the agencies that report necessary data to the
department for the purpose of meeting TANF eligibility reporting
requirements. The agencies that do not report necessary data to the
department for the purpose of meeting TANF eligibility reporting
requirements will not receive allocations in excess of those
received in fiscal year 2000. The use of TANF funds under this
section should not be considered an ongoing commitment of funding.
Sec. 669. The department shall allocate $6,270,000.00 for the
annual clothing allowance. The allowance shall be granted to all
eligible children in a family independence program group.
Sec. 672. (1) The department's office of inspector general
shall report to the senate and house of representatives
appropriations subcommittees on the department budget, the senate
and house fiscal agencies, and the senate and house policy offices
by February 15 of the current fiscal year on department efforts to
reduce inappropriate use of Michigan bridge cards. The department
shall provide information on the number of recipients of services
who used their electronic benefit transfer card inappropriately and
the current status of each case, the number of recipients whose
benefits were revoked, whether permanently or temporarily, as a
result of inappropriate use, and the number of retailers that were
fined or removed from the electronic benefit transfer program for
permitting inappropriate use of the cards.
(2) As used in this section, "inappropriate use" means not
used to meet a family's ongoing basic needs, including food,
clothing, shelter, utilities, household goods, personal care items,
and general incidentals.
Sec. 677. (1) The department shall establish a state goal for
the percentage of family independence program cases involved in
employment activities. The percentage established shall not be less
than 50%. The goal for long-term employment shall be 15% of cases
for 6 months or more.
(2) On a monthly basis, the department shall report to the
senate and house appropriations subcommittees on the department
budget, the senate and house fiscal agencies and policy offices,
and the state budget director on the number of cases referred to
Partnership. Accountability. Training. Hope. (PATH), the current
percentage of family independence program cases involved in PATH
employment activities, an estimate of the current percentage of
family independence program cases that meet federal work
participation requirements on the whole, and an estimate of the
current percentage of the family independence program cases that
meet federal work participation requirements for those cases
referred to PATH.
(3) The department shall submit to the senate and house
appropriations subcommittees on the department budget, the senate
and house fiscal agencies, the senate and house policy offices, and
the state budget office a quarterly report that includes all of the
following:
(a) The number and percentage of nonexempt family independence
program recipients who are employed.
(b) The average and range of wages of employed family
independence program recipients.
(c) When data become available, the number and percentage of
employed family independence program recipients who remain employed
for 6 months or more.
Sec. 686. (1) The department shall ensure that program policy
requires caseworkers to confirm that individuals presenting
personal identification issued by another state seeking assistance
through the family independence program, food assistance program,
state disability assistance program, or medical assistance program
are not receiving benefits from any other state.
(2) The department shall require caseworkers to confirm the
address provided by any individual seeking family independence
program benefits or state disability assistance benefits.
(3) The department shall prohibit individuals with property
assets assessed at a value higher than $200,000.00 from accessing
assistance through department-administered programs, unless such a
prohibition would violate federal rules and guidelines.
(4) The department shall require caseworkers to obtain an up-
to-date telephone number during the eligibility determination or
redetermination process for individuals seeking medical assistance
benefits.
Sec. 687. (1) The department shall, on a quarterly basis by
February 1, May 1, August 1, and November 1, compile and make
available on its website all of the following information about the
family independence program, state disability assistance, the food
assistance program, Medicaid, and state emergency relief:
(a) The number of applications received.
(b) The number of applications approved.
(c) The number of applications denied.
(d) The number of applications pending and neither approved
nor denied.
(e) The number of cases opened.
(f) The number of cases closed.
(g) The number of cases at the beginning of the quarter and
the number of cases at the end of the quarter.
(2) The information provided under subsection (1) shall be
compiled and made available for the state as a whole and for each
county and reported separately for each program listed in
subsection (1).
(3) The department shall, on a quarterly basis by February 1,
May 1, August 1, and November 1, compile and make available on its
website the family independence program information listed as
follows:
(a) The number of new applicants who successfully met the
requirements of the 21-day assessment period for PATH.
(b) The number of new applicants who did not meet the
requirements of the 21-day assessment period for PATH.
(c) The number of cases sanctioned because of the school
truancy policy.
(d) The number of cases closed because of the 48-month and 60-
month lifetime limits.
(e) The number of first-, second-, and third-time sanctions.
(f) The number of children ages 0-5 living in FIP-sanctioned
households.
(4) The department shall notify 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 when the reports required in this section are
made available on the department's website.
JUVENILE JUSTICE SERVICES
Sec. 701. Unless required from changes to federal or state law
or at the request of a provider, the department shall not alter the
terms of any signed contract with a private residential facility
serving children under state or court supervision without written
consent from a representative of the private residential facility.
Sec. 706. Counties shall be subject to 50% chargeback for the
use of alternative regional detention services, if those detention
services do not fall under the basic provision of section 117e of
the social welfare act, 1939 PA 280, MCL 400.117e, or if a county
operates those detention services programs primarily with
professional rather than volunteer staff.
Sec. 707. In order to be reimbursed for child care fund
expenditures, counties are required to submit department-developed
reports to enable the department to document potential federally
claimable expenditures. This requirement is in accordance with the
reporting requirements specified in section 117a(7) of the social
welfare act, 1939 PA 280, MCL 400.117a.
Sec. 708. (1) As a condition of receiving funds appropriated
in part 1 for the child care fund line item, by December 15 of the
current fiscal year, counties shall have an approved service
spending plan for the current fiscal year. Counties must submit the
service spending plan to the department by October 1 of the current
fiscal year for approval. The department shall approve within 30
calendar days after receipt a properly completed service plan that
complies with the requirements of the social welfare act, 1939 PA
280, MCL 400.1 to 400.119b, and shall notify a county within 30
days after approval that its service plan was approved.
(2) The department shall submit a report to the house and
senate appropriations subcommittees on the department budget, the
house and senate fiscal agencies, and the house and senate policy
offices by February 15 of the current fiscal year on the number of
counties that fail to submit a service spending plan by October 1
and the number of service spending plans not approved by December
15.
Sec. 709. (1) The department's master contract for juvenile
justice residential foster care services shall be amended to
prohibit contractors from denying a referral for placement of a
youth, or terminating a youth's placement, if the youth's assessed
treatment needs are in alignment with the facility's residential
program type, as identified by the court or the department. In
addition, the master contract shall require that youth placed in
juvenile justice residential foster care facilities must have
regularly scheduled treatment sessions with a licensed psychologist
or psychiatrist, or both, and access to the licensed psychologist
or psychiatrist as needed.
(2) The rates established for private residential juvenile
justice facilities that were in effect on October 1, 2015 remain in
effect for the current fiscal year.
(3) The department shall submit a quarterly report by November
1, February 1, May 1, and August 1 to the senate and house
appropriations subcommittees on the department budget, the senate
and house fiscal agencies, and the senate and house policy offices
on the current placement and status of the youth transferred from
the W.J. Maxey Training School during the previous and current
fiscal year as a result of the closure.
Sec. 719. The department shall notify the legislature at least
30 days before closing or making any change in the status,
including the licensed bed capacity and operating bed capacity, of
a state juvenile justice facility.
Sec. 721. If the demand for placements at state-operated
juvenile justice residential facilities exceeds capacity, the
department shall not increase the available occupancy or services
at the facilities, and shall post a request for proposals for a
contract with not less than 1 private provider of residential
services for juvenile justice youth to be a residential facility of
last resort.
FIELD OPERATIONS AND SUPPORT SERVICES
Sec. 801. (1) Funds appropriated in part 1 for independent
living shall be used to support the general operations of centers
for independent living in delivering mandated independent living
services in compliance with federal rules and regulations for the
centers, by existing centers for independent living to serve
underserved areas, and for projects to build the capacity of
centers for independent living to deliver independent living
services. Applications for the funds shall be reviewed in
accordance with criteria and procedures established by the
department. The funds appropriated in part 1 may be used to
leverage federal vocational rehabilitation innovation and expansion
funds consistent with 34 CFR 361.35 up to $5,543,000.00, if
available. If the possibility of matching federal funds exists, the
centers for independent living network will negotiate a mutually
beneficial contractual arrangement with Michigan rehabilitation
services. Funds shall be used in a manner consistent with the state
plan for independent living. Services provided should assist people
with disabilities to move toward self-sufficiency, including
support for accessing transportation and health care, obtaining
employment, community living, nursing home transition, information
and referral services, education, youth transition services,
veterans, and stigma reduction activities and community education.
This includes the independent living guide project that
specifically focuses on economic self-sufficiency.
(2) The Michigan centers for independent living shall provide
a report by March 1 of the current fiscal year to the house and
senate appropriations subcommittees on the department budget, the
house and senate fiscal agencies, the house and senate policy
offices, and the state budget office on direct customer and system
outcomes and performance measures.
Sec. 802. The Michigan rehabilitation services shall work
collaboratively with the bureau of services for blind persons,
service organizations, and government entities to identify
qualified match dollars to maximize use of available federal
vocational rehabilitation funds.
Sec. 803. The department shall provide an annual report by
February 1 to the house and senate appropriations subcommittees on
the department budget, the house and senate fiscal agencies, and
house and senate policy offices on Michigan rehabilitation
services. The report shall include all of the following items:
(a) Reductions and changes in administration costs and
staffing.
(b) Service delivery plans and implementation steps achieved.
(c) Reorganization plans and implementation steps achieved.
(d) Plans to integrate Michigan rehabilitative services
programs into other services provided by the department.
(e) Quarterly expenditures by major spending category.
(f) Employment and job retention rates from both Michigan
rehabilitation services and its nonprofit partners.
(g) Success rate of each district in achieving the program
goals.
Sec. 804. From the funds appropriated in part 1 for Michigan
rehabilitation services, the department shall allocate $50,000.00
along with available federal match to support a private nonprofit
charity that provides direct services to farmers with injuries,
illnesses, or aging conditions. The funding shall be used in
combination with other funds for research of adaptive farming
tools, development of on-farm site evaluation plans, to plan
strategies to overcome barriers to farm work, and to install farm
technology to enable farmers to work longer.
Sec. 805. It is the intent of the legislature that Michigan
rehabilitation services shall not implement an order of selection
for vocational and rehabilitative services. If the department is at
risk of entering into an order of selection for services, the
department shall notify the chairs of the senate and house
subcommittees on the department budget and the senate and house
fiscal agencies and policy offices within 2 weeks of receiving
notification.
Sec. 806. From the funds appropriated in part 1 for Michigan
rehabilitation services, the department shall allocate
$6,100,300.00, including federal matching funds, to service
contracts with accredited, community-based rehabilitation
organizations for job development and other community employment-
related support services.
Sec. 825. From the funds appropriated in part 1, the
department shall provide individuals not more than $500.00 for
vehicle repairs, including any repairs done in the previous 12
months. However, the department may in its discretion pay for
repairs up to $900.00. Payments under this section shall include
the combined total of payments made by the department and work
participation program.
Sec. 850. (1) The department shall maintain out-stationed
eligibility specialists in community-based organizations, community
mental health agencies, nursing homes, and hospitals unless a
community-based organization, community mental health agency,
nursing home, 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 a contract with any
agency that requests a donated funds position and is able and
eligible under federal law to provide the required matching funds
for federal funding, as determined by federal statute and
regulations. If the department denies a request for donated funds
positions, the department shall provide to the agency that made the
request the federal statute or regulation that supports the denial.
If there is no federal statute or regulation that supports the
denial, the department shall grant the request for the donated
funds position.
(3) A contract for a 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) Beginning in fiscal year 2016, the department may increase
the total number of donated funds positions by 200.0 FTEs. The
purpose of these positions will be to address client service needs
in adult placement and independent living settings, federal
qualified health clinics, hospitals with a high degree of
uncompensated care, and employer-based sites. 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.
BEHAVIORAL HEALTH SERVICES
Sec. 901. Funds appropriated in part 1 are intended to support
a system of comprehensive community mental health services under
the full authority and responsibility of local CMHSPs or PIHPs in
accordance with the mental health code, 1974 PA 258, MCL 330.1001
to 330.2106, the Medicaid provider manual, federal Medicaid
waivers, and all other applicable federal and state laws.
Sec. 902. (1) From funds appropriated in part 1, final
authorizations to CMHSPs or PIHPs shall be made upon the execution
of contracts between the department and CMHSPs or PIHPs. The
contracts shall contain an approved plan and budget as well as
policies and procedures governing the obligations and
responsibilities of both parties to the contracts. Each contract
with a CMHSP or PIHP that the department is authorized to enter
into under this subsection shall include a provision that the
contract is not valid unless the total dollar obligation for all of
the contracts between the department and the CMHSPs or PIHPs
entered into under this subsection for the current fiscal year does
not exceed the amount of money appropriated in part 1 for the
contracts authorized under this subsection.
(2) The department shall immediately report to the senate and
house appropriations subcommittees on the department budget, the
senate and house fiscal agencies, and the state budget director if
either of the following occurs:
(a) Any new contracts with CMHSPs or PIHPs that would affect
rates or expenditures are entered into.
(b) Any amendments to contracts with CMHSPs or PIHPs that
would affect rates or expenditures are entered into.
(3) The report required by subsection (2) shall include
information about the changes and their effects on rates and
expenditures.
Sec. 904. (1) Not later than May 31 of the current fiscal
year, the department shall provide a report on the CMHSPs, PIHPs,
regional entities designated by the department as PIHPs, and
managing entities for substance use disorders to the members of the
house and senate appropriations subcommittees on the department
budget, the house and senate fiscal agencies, and the state budget
director that includes the information required by this section.
(2) The report shall contain information for each CMHSP, PIHP,
regional entity designated by the department as a PIHP, and
managing entity for substance use disorders and a statewide
summary, each of which shall include at least the following
information:
(a) A demographic description of service recipients that,
minimally, shall include reimbursement eligibility, client
population, age, ethnicity, housing arrangements, and diagnosis.
(b) Per capita expenditures 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 client group and
fund source; and cost information by Medicaid and Healthy Michigan
plan service category, 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. General fund
expenditures should reflect those funds used to cover uninsured
individuals including Medicaid spenddowns.
(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 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 code and
the determination of any appeals.
(g) An analysis of information provided by CMHSPs in response
to the needs assessment requirements of the mental health code,
1974 PA 258, MCL 330.1001 to 330.2106.
(h) Lapses and carryforwards during the immediately preceding
fiscal year for CMHSPs, PIHPs, regional entities designated by the
department as PIHPs, and managing entities for substance use
disorders.
(i) Information about contracts for both administrative and
mental health services entered into by CMHSPs, PIHPs, regional
entities designated by the department as PIHPs, and managing
entities for substance use disorders with providers and others,
including, but not limited to, all of the following:
(i) The amount of the contract, organized by type of service
provided.
(ii) Payment rates, organized by the type of service provided.
(iii) Administrative costs, including contract and consultant
costs, for services provided to CMHSPs, PIHPs, regional entities
designated by the department as PIHPs, and managing entities for
substance use disorders.
(j) Information on the community mental health Medicaid
managed care and Healthy Michigan plan programs, including, but not
limited to, the following:
(i) Expenditures by each CMHSP, PIHP, regional entity
designated by the department as a PIHP, and managing entity for
substance use disorders organized by Medicaid eligibility group,
including per eligible individual expenditure averages.
(ii) Expenditures on, and utilization of, each Medicaid and
Healthy Michigan plan service category by each CMHSP, PIHP,
regional entity designated by the department as a PIHP, and
managing entity for substance use disorders.
(iii) Performance indicator information required to be
submitted to the department in the contracts with CMHSPs, PIHPs,
regional entities designated by the department as PIHPs, and
managing entities for substance use disorders.
(k) Administrative expenditures of each CMHSP, PIHP, regional
entity designated by the department as a PIHP, and managing entity
for substance use disorders that includes a breakout of the salary,
benefits, and pension of each executive level staff and shall
include the director, chief executive, and chief operating officers
and other members identified as executive staff.
(3) The department shall include data reporting requirements
listed in subsection (2) in the annual contract with each
individual CMHSP, PIHP, regional entity designated by the
department as a PIHP, and managing entity for substance use
disorders.
(4) The department shall take all reasonable actions to ensure
that the data required are complete and consistent among all
CMHSPs, PIHPs, regional entities designated by the department as
PIHPs, and managing entities for substance use disorders.
Sec. 906. (1) The funds appropriated in part 1 for the state
disability assistance substance use disorder services program shall
be used to support per diem room and board payments in substance
use disorder residential facilities. Eligibility of clients for the
state disability assistance substance use disorder services program
shall include needy persons 18 years of age or older, or
emancipated minors, who reside in a substance use disorder
treatment center.
(2) The department shall reimburse all licensed substance use
disorder programs eligible to participate in the program at a rate
equivalent to that paid by the department to adult foster care
providers. Programs accredited by department-approved accrediting
organizations shall be reimbursed at the personal care rate, while
all other eligible programs shall be reimbursed at the domiciliary
care rate.
Sec. 907. (1) The amount appropriated in part 1 for substance
use disorder prevention, education, and treatment grants shall be
expended to coordinate care and services provided to individuals
with severe and persistent mental illness and substance use
disorder diagnoses.
(2) The department shall approve managing entity fee schedules
for providing substance use disorder services and charge
participants in accordance with their ability to pay.
(3) The managing entity shall continue current efforts to
collaborate on the delivery of services to those clients with
mental illness and substance use disorder diagnoses with the goal
of providing services in an administratively efficient manner.
Sec. 908. (1) By April 1 of the current fiscal year, the
department shall report the following data from the prior fiscal
year on substance use disorder prevention, education, and treatment
programs to the senate and house appropriations subcommittees on
the department budget, the senate and house fiscal agencies, and
the state budget office:
(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. Additionally, data on administrative expenditures by
department-designated community mental health entity shall be
reported.
(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.
(2) The department shall take all reasonable actions to ensure
that the required data reported are complete and consistent among
all department-designated community mental health entities.
Sec. 910. The department shall ensure that substance use
disorder treatment is provided to applicants and recipients of
public assistance through the department who are required to obtain
substance use disorder treatment as a condition of eligibility for
public assistance.
Sec. 911. (1) The department shall ensure that each contract
with a CMHSP or PIHP requires the CMHSP or PIHP to implement
programs to encourage diversion of individuals with serious mental
illness, serious emotional disturbance, or developmental disability
from possible jail incarceration when appropriate.
(2) Each CMHSP or PIHP shall have jail diversion services and
shall work toward establishing working relationships with
representative staff of local law enforcement agencies, including
county prosecutors' offices, county sheriffs' offices, county
jails, municipal police agencies, municipal detention facilities,
and the courts. Written interagency agreements describing what
services each participating agency is prepared to commit to the
local jail diversion effort and the procedures to be used by local
law enforcement agencies to access mental health jail diversion
services are strongly encouraged.
Sec. 912. The department shall contract directly with the
Salvation Army harbor light program to provide non-Medicaid
substance use disorder services if the local coordinating agency or
the department confirms the Salvation Army harbor light program
meets the standard of care. The standard of care shall include, but
is not limited to, utilization of the medication assisted treatment
option.
Sec. 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. 924. Each PIHP that contracts with the department to
provide services to the Medicaid population shall adhere to the
following timely claims processing and payment procedure for claims
submitted by health professionals and facilities:
(a) A "clean claim" as described in section 111i of the social
welfare act, 1939 PA 280, MCL 400.111i, shall be paid within 45
days after receipt of the claim by the PIHP. A clean claim that is
not paid within this time frame shall bear simple interest at a
rate of 12% per annum.
(b) A PIHP shall state in writing to the health professional
or facility any defect in the claim within 30 days after receipt of
the claim.
(c) A health professional and a health facility have 30 days
after receipt of a notice that a claim or a portion of a claim is
defective within which to correct the defect. The PIHP shall pay
the claim within 30 days after the defect is corrected.
Sec. 928. Each PIHP shall provide, from internal resources,
local funds to be used as a bona fide 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. 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. 958. Medicaid services shall include treatment for autism
spectrum disorders as defined in the federally approved Medicaid
state plan. These services may be coordinated with the Medicaid
health plans and the Michigan Association of Health Plans.
Sec. 960. The department shall allocate funds appropriated in
part 1 for university autism programs through a grant process for
the purpose of increasing the number of applied behavioral analysis
therapists, autism diagnostic centers, autism treatment centers,
and employment programs, and to increase the autism clinical
expertise of health care providers.
Sec. 994. (1) Contingent upon federal approval, if a CMHSP,
PIHP, or subcontracting provider agency is reviewed and accredited
by a national accrediting entity for behavioral health care
services, the department, by April 1 of the current fiscal year,
shall consider that CMHSP, PIHP, or subcontracting provider agency
in compliance with state program review and audit requirements that
are addressed and reviewed by that national accrediting entity.
(2) By June 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 office all of the following:
(a) A list of each CMHSP, PIHP, and subcontracting provider
agency that is considered in compliance with state program review
and audit requirements under subsection (1).
(b) For each CMHSP, PIHP, or subcontracting provider agency
described in subdivision (a), all of the following:
(i) The state program review and audit requirements that the
CMHSP, PIHP, or subcontracting provider agency is considered in
compliance with.
(ii) The national accrediting entity that reviewed and
accredited the CMHSP, PIHP, or subcontracting provider agency.
(3) The department shall continue to comply with state and
federal law and shall not initiate an action that negatively
impacts beneficiary safety.
(4) As used in this section, "national accrediting entity"
means the Joint Commission, formerly known as the Joint Commission
on Accreditation of Healthcare Organizations, the Commission on
Accreditation of Rehabilitation Facilities, the Council on
Accreditation, the URAC, formerly known as the Utilization Review
Accreditation Commission, the National Committee for Quality
Assurance, or other appropriate entity, as approved by the
department.
Sec. 995. From the funds appropriated in part 1 for behavioral
health program administration, $4,350,000.00 is intended to address
the recommendations of the mental health diversion council.
Sec. 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 decennial census data available.
Sec. 1003. The department shall notify the Michigan
Association of Community Mental Health Boards when developing
policies and procedures that will impact PIHPs or CMHSPs.
Sec. 1005. For the purposes of special projects involving
high-need children or adults, including the not guilty by reason of
insanity population, the department may contract directly with
providers of services to these identified populations.
Sec. 1006. No later than June 1 of the current fiscal year,
the department shall provide the house and senate appropriations
subcommittees on the department budget, the house and senate fiscal
agencies, and the state budget office with the most recent cost
data information submitted by the CMHSPs on how the funds
appropriated in part 1 for the community mental health services
non-Medicaid services line item were expended by each CMHSP. At a
minimum, the information must include CMHSPs general fund/general
purpose costs for each of the following categories: administration,
prevention, jail diversion and treatment services, MIChild program,
children's waiver home care program, children with serious
emotional disturbance waiver program, services provided to
individuals with mental illness and developmental disabilities who
are not eligible for Medicaid, and the Medicaid spenddown
population.
Sec. 1007. (1) From the funds appropriated in part 1 for
behavioral health program administration, the department shall
maintain a psychiatric residential treatment facility and
children's behavioral action team. These services will augment the
continuum of behavioral health services for high-need youth and
provide additional continuity of care and transition into
supportive community-based services.
(2) Outcomes and performance measures for this initiative
include, but are not limited to, the following:
(a) The rate of rehospitalization for youth served through the
program at 30 and 180 days.
(b) Measured change in the Child and Adolescent Functional
Assessment Scale for children served through the program.
Sec. 1008. The PIHP shall do all of the following:
(a) Work to reduce administration costs by ensuring that PIHP
responsible functions are efficient to allow optimal transition of
dollars to direct services. This process must include limiting
duplicate layers of administration and minimizing PIHP-delegated
services that may result in higher costs or inconsistent service
delivery, or both.
(b) Take an active role in managing mental health care by
ensuring consistent and high-quality service delivery throughout
its network and promote a conflict-free care management
environment.
(c) Ensure that direct service rate variances are related to
the level of need or other quantifiable measures to ensure that the
most money possible reaches direct services.
(d) Whenever possible, promote fair and adequate direct care
reimbursement, including fair wages for direct service workers.
Sec. 1009. (1) The department shall work with PIHP network
providers to analyze the workforce challenges of recruitment and
retention of staff who provide Medicaid-funded community living
supports, personal care services, respite services, skill building
services, and other similar supports and services. The department
workgroup must consider ways to attract and retain staff to provide
Medicaid-funded supports and services.
(2) The department workgroup must include PIHP providers,
CMHSPs, individuals with disabilities, and staff.
(3) By October 1 of the current fiscal year, the department
shall provide a status report on the workgroup's suggestions to the
senate and house appropriations subcommittees on the department
budget, the senate and house fiscal agencies, and the state budget
director, making note in the report when the participants outlined
in subsection (2) reached consensus on the workgroup's suggestions
and when the participants outlined in subsection (2) had points of
difference on the workgroup's suggestions.
Sec. 1010. (1) If the federal government allows the
redistribution of lapsed federal Medicaid match funds in the
Medicaid mental health services line, the funds appropriated in
part 1 for Medicaid mental health services funds, that have lapsed,
shall be distributed to individual PIHPs based on the PIHP
distribution formula in effect during the current fiscal year.
(2) It is the intent of the legislature that any funds that
lapse from the funds appropriated in part 1 for Medicaid mental
health services shall be redistributed to individual CMHSPs based
on the community mental health non-Medicaid services distribution
formula in effect during the current fiscal year. By April 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 office on
the lapse by PIHP from the previous fiscal year and the projected
lapse by PIHP in the current fiscal year.
Sec. 1011. (1) As part of the Medicaid rate setting process
for behavioral health care, the department shall work with PIHP
network providers and actuaries to consider including any state
minimum wage increases that directly impact staff who provide
Medicaid-funded community living supports, personal care services,
respite services, skill building services, and other similar
supports and services as part of the Medicaid rate.
(2) It is the intent of the legislature that any increase in
the Medicaid rate related to a state minimum wage increase shall be
passed through to direct care employees as described in subsection
(1).
Sec. 1012. (1) The department shall conduct a workgroup to
address the challenge of meeting monthly deductible requirements in
the Medicaid program and establish policy recommendations. The
members of the workgroup shall include, but are not limited to,
representatives from the medical services division within the
department, PIHP network providers, CMHSPS, and members of the
public. The workgroup shall, at minimum, take into consideration
and make recommendations on all of the following items:
(a) The average number of individuals who do not meet their
monthly Medicaid deductibles in Michigan each year.
(b) How the reduction in general fund investment to CMHSPS for
non-Medicaid services has played a role in the inability of many
individuals to meet their spend-down.
(c) What currently counts as the protected income level and
how that compares to other states.
(2) By September 30 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 workgroup findings. The report shall include an
action plan for implementation of any proposed changes, and an
estimate of the costs that may be incurred from the adoption of
workgroup recommendations.
STATE PSYCHIATRIC HOSPITALS AND FORENSIC MENTAL HEALTH SERVICES
Sec. 1051. The department shall continue a revenue recapture
project to generate additional revenues from third parties related
to cases that have been closed or are inactive. A portion of
revenues collected through project efforts may be used for
departmental costs and contractual fees associated with these
retroactive collections and to improve ongoing departmental
reimbursement management functions.
Sec. 1052. The purpose of gifts and bequests for patient
living and treatment environments is to use additional private
funds to provide specific enhancements for individuals residing at
state-operated facilities. Use of the gifts and bequests shall be
consistent with the stipulation of the donor. The expected
completion date for the use of gifts and bequests donations is
within 3 years unless otherwise stipulated by the donor.
Sec. 1055. (1) The department shall not implement any closures
or consolidations of state hospitals, centers, or agencies until
CMHSPs or PIHPs have programs and services in place for those
individuals currently in those facilities and a plan for service
provision for those individuals who would have been admitted to
those facilities.
(2) All closures or consolidations are dependent upon adequate
department-approved CMHSP and PIHP plans that include a discharge
and aftercare plan for each individual currently in the facility. A
discharge and aftercare plan shall address the individual's housing
needs. A homeless shelter or similar temporary shelter arrangements
are inadequate to meet the individual's housing needs.
(3) Four months after the certification of closure required in
section 19(6) of the state employees' retirement act, 1943 PA 240,
MCL 38.19, the department shall provide a closure plan to the house
and senate appropriations subcommittees on the department budget
and the state budget director.
(4) Upon the closure of state-run operations and after
transitional costs have been paid, the remaining balances of funds
appropriated for that operation shall be transferred to CMHSPs or
PIHPs responsible for providing services for individuals previously
served by the operations.
Sec. 1056. The department may collect revenue for patient
reimbursement from first- and third-party payers, including
Medicaid and local county CMHSP payers, to cover the cost of
placement in state hospitals and centers. The department is
authorized to adjust financing sources for patient reimbursement
based on actual revenues earned. If the revenue collected exceeds
current year expenditures, the revenue may be carried forward with
approval of the state budget director. The revenue carried forward
shall be used as a first source of funds in the subsequent year.
Sec. 1058. Effective October 1 of the current fiscal year, the
department, in consultation with the department of technology,
management, and budget, may maintain a bid process to identify 1 or
more private contractors to provide food service and custodial
services for the administrative areas at any state hospital
identified by the department as capable of generating savings
through the outsourcing of such services.
Sec. 1059. (1) From the increased funds appropriated in part 1
in center for forensic psychiatry, the department shall open an
additional wing at the center for forensic psychiatry by April 1 of
the current fiscal year. The purpose of this program is to provide
additional capacity for specialized services to criminal defendants
who are adjudicated as incompetent to stand trial and not guilty by
reason of insanity.
(2) The department shall identify specific outcomes and
performance measures for this initiative, including, but not
limited, to the following:
(a) The average wait time for persons ruled incompetent to
stand trial before admission to the center for forensic psychiatry.
(b) The average wait time for persons ruled incompetent to
stand trial before admission to other state-operated psychiatric
facilities.
(c) The number of persons waiting to receive services at the
center for forensic psychiatry.
(d) The number of persons waiting to receive services at other
state-operated hospitals and centers.
PUBLIC HEALTH ADMINISTRATION
Sec. 1101. 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. By December 1 of the current fiscal year,
the department shall submit a report to the senate and house
appropriations subcommittees on the department budget, the senate
and house fiscal agencies, the senate and house policy offices, and
the state budget office detailing the steps the department has
taken to work with the Michigan health endowment fund.
HEALTH POLICY
Sec. 1142. The department shall continue to seek means to
increase retention of Michigan medical school students for
completion of their primary care residency requirements within this
state and ultimately, for some period of time, to remain in this
state and serve as primary care physicians. The department is
encouraged to work with Michigan institutions of higher education.
Sec. 1143. The department may award health innovation grants
to address emerging issues and encourage cutting edge advances in
health care including strategic partners in both the public and
private sectors.
Sec. 1144. (1) From the funds appropriated in part 1 for
health policy administration, the department shall allocate the
federal state innovation model grant funding that supports
implementation of the health delivery system innovations detailed
in this state's "Reinventing Michigan's Health Care System:
Blueprint for Health Innovation" document. Over the next 4 years
this initiative will test new payment methodologies, support
improved population health outcomes, and support improved
infrastructure for technology and data sharing and reporting. The
funds will be used to provide financial support directly to regions
participating in the model test and to support statewide
stakeholder guidance and technical support.
(2) Outcomes and performance measures for the initiative under
subsection (1) include, but are not limited to, the following:
(a) Increasing the number of physician practices fulfilling
patient-centered medical home functions.
(b) Reducing inappropriate health utilization, specifically
reducing preventable emergency department visits, reducing the
proportion of hospitalizations for ambulatory sensitive conditions,
and reducing this state's 30-day hospital readmission rate.
(3) By March 1 and September 1 of the current fiscal year, the
department shall submit a written report to the house and senate
appropriations subcommittees on the department budget, the house
and senate fiscal agencies, and the state budget office on the
status of the program and progress made since the prior report.
(4) From the funds appropriated in part 1 for health policy
administration, any data aggregator created as part of the
allocation of the federal state innovation model grant funds must
meet the following standards:
(a) The primary purpose of the data aggregator must be to
increase the quality of health care delivered in this state, while
reducing costs.
(b) The data aggregator must be governed by a nonprofit
entity.
(c) All decisions regarding the establishment, administration,
and modification of the database must be made by an advisory board.
The membership of the advisory board must include the director of
the department or a designee of the director and representatives of
health carriers, consumers, and purchasers.
(d) The data aggregator must receive health care claims
information from, without limitation, commercial health carriers,
nonprofit health care corporations, health maintenance
organizations, and third party administrators that process claims
under a service contract.
(e) The data aggregator must use existing data sources and
technological infrastructure, to the extent possible.
Sec. 1145. The department will take steps necessary to work
with Indian Health Service, Tribal or Urban Indian Health Program
facilities that provide services under a contract with a Medicaid
managed care entity to ensure that those facilities receive the
maximum amount allowable under federal law for Medicaid services.
Sec. 1146. From the funds appropriated in part 1 for bone
marrow transplant registry, $250,000.00 shall be allocated to
Michigan Blood, the partner of the match registry of the national
marrow donor program. The funds shall be used to offset ongoing
tissue typing expenses associated with donor recruitment and
collection services and to expand those services to better serve
the citizens of this state.
Sec. 1150. From the funds appropriated in part 1 for health
policy administration, the department shall hire 1 FTE dedicated to
coordinating with the department of licensing and regulatory
affairs, the department of the attorney general, and the Medicaid
health plans to reduce fraud related to opioid prescribing within
Medicaid. By October 1 of the current fiscal year, the department
shall submit a report to the senate and house appropriations
committees on the department budget, the senate and house fiscal
agencies, the senate and house policy offices, and the state budget
office on steps the department has taken to coordinate with the
entities listed in this section and other stakeholders to reduce
fraud related to opioid prescribing.
Sec. 1151. From the funds appropriated in part 1 for health
policy administration, the department shall hire 1 FTE dedicated to
coordinating with the department of licensing and regulatory
affairs, the department of the attorney general, and the Medicaid
health plans to work with coordinating agencies to help inform
residents of all medically appropriate treatment options for opioid
addiction when their treating physician stops prescribing
prescription opioid medication for pain. By October 1 of the
current fiscal year, the department shall submit a report to the
senate and house appropriations committees on the department
budget, the senate and house fiscal agencies, the senate and house
policy offices, and the state budget office on how the department
is working with local substance use disorder agencies and addiction
treatment providers to ensure that Medicaid recipients are informed
of all available and medically appropriate treatment options for
opioid addiction when their treating physician stops prescribing
prescription opioid medication for pain. The report shall include
any potential barriers to medication-assisted treatment, as
recommended by the Michigan medication-assisted treatment
guidelines, for Medicaid-eligible residents in both office-based
opioid treatment and opioid treatment program facility settings.
DISEASE CONTROL, PREVENTION, AND EPIDEMIOLOGY
Sec. 1180. From the funds appropriated in part 1 for the
healthy homes program, no less than $1,750,000.00 shall be
allocated for lead abatement of homes.
Sec. 1181. The department shall implement a plan designed to
improve Michigan's childhood and adolescent immunization rates. The
department shall engage organizations working to provide
immunizations and education about the value of vaccines, including,
but not limited to, statewide organizations representing health
care providers, local public health departments, child health
interest groups, and private foundations with a mission to increase
immunization rates.
Sec. 1182. From the funds appropriated in part 1 for
immunization programs, for every $4.00 in private matching funds
received, this state shall allocate $1.00, up to $500,000.00 in
state contributions, to provide and promote education about the
value of vaccines for infants and toddlers.
LOCAL HEALTH ADMINISTRATION AND GRANTS
Sec. 1220. The amount appropriated in part 1 for
implementation of the 1993 additions of or amendments to sections
9161, 16221, 16226, 17014, 17015, and 17515 of the public health
code, 1978 PA 368, MCL 333.9161, 333.16221, 333.16226, 333.17014,
333.17015, and 333.17515, shall be used to reimburse local health
departments for costs incurred related to implementation of section
17015(18) of the public health code, 1978 PA 368, MCL 333.17015.
Sec. 1221. If a county that has participated in a district
health department or an associated arrangement with other local
health departments takes action to cease to participate in such an
arrangement after October 1 of the current fiscal year, the
department shall have the authority to assess a penalty from the
local health department's operational accounts in an amount equal
to no more than 6.25% of the local health department's essential
local public health services funding. This penalty shall only be
assessed to the local county that requests the dissolution of the
health department.
Sec. 1222. Funds appropriated in part 1 for essential local
health services shall only be distributed to counties that maintain
local spending in the current fiscal year of at least the amount
expended in fiscal year 1992-1993 by 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.
Sec. 1223. (1) From the amounts appropriated in part 1 for
dental programs, funds shall be allocated to the Michigan Dental
Association for the administration of a volunteer dental program
that provides dental services to the uninsured.
(2) Not later than December 1 of the current fiscal year, the
department shall report to the senate and house appropriations
subcommittees on the department budget, the senate and house
standing committees on health policy, and the state budget office
the number of individual patients treated, number of procedures
performed, and approximate total market value of those procedures
from the immediately preceding fiscal year.
Sec. 1224. The department shall use revenue from mobile
dentistry facility permit fees received under section 21605 of the
public health code, 1978 PA 368, MCL 333.21605, to offset the cost
of the permit program.
Sec. 1225. The department shall work with the Michigan health
endowment fund corporation established under section 653 of the
nonprofit health care corporation reform act, 1980 PA 350, MCL
550.1653, to explore ways to fund and evaluate current and future
policies and programs.
Sec. 1226. From the funds appropriated in part 1 for health
and wellness initiatives, $1,000,000.00 shall be allocated for a
school children's healthy exercise program to promote and advance
physical health for school children in kindergarten through grade
8. The department shall recommend model programs for sites to
implement that incorporate evidence-based best practices. The
department shall grant no less than 1/2 of the funds appropriated
in part 1 for before- and after-school programs. The department
shall establish guidelines for program sites, which may include
schools, community-based organizations, private facilities,
recreation centers, or other similar sites. The program format
shall encourage local determination of site activities and shall
encourage local inclusion of youth in the decision-making regarding
site activities. Program goals shall include children experiencing
improved physical health and access to physical activity
opportunities, the reduction of obesity, providing a safe place to
play and exercise, and nutrition education. To be eligible to
participate, program sites shall provide a 20% match to the state
funding, which may be provided in full, or in part, by a
corporation, foundation, or private partner. The department shall
seek financial support from corporate, foundation, or other private
partners for the program or for individual program sites.
Sec. 1227. The department shall establish criteria for all
funds allocated under part 1 for health and wellness initiatives.
The criteria must include a requirement that all programs funded be
evidence-based and supported by research, include interventions
that have been shown to demonstrate outcomes that lower cost and
improve quality, and be designed for statewide impact. Preference
must be given to programs that utilize the funding as match for
additional resources including, but not limited to, federal
sources.
FAMILY, MATERNAL, AND CHILD HEALTH
Sec. 1301. (1) Before April 1 of the current fiscal year, the
department shall submit a report to the house and senate fiscal
agencies and the state budget director on planned allocations from
the amounts appropriated in part 1 for local MCH services, prenatal
care outreach and service delivery support, family planning local
agreements, and pregnancy prevention programs. Using applicable
federal definitions, the report shall include information on all of
the following:
(a) Funding allocations.
(b) Actual number of women, children, and adolescents served
and amounts expended for each group for the immediately preceding
fiscal year.
(c) A breakdown of the expenditure of these funds between
urban and rural communities.
(2) The department shall ensure that the distribution of funds
through the programs described in subsection (1) takes into account
the needs of rural communities.
(3) For the purposes of this section, "rural" means a county,
city, village, or township with a population of 30,000 or less,
including those entities if located within a metropolitan
statistical area.
Sec. 1302. Each family planning program receiving federal
title X family planning funds under 42 USC 300 to 300a-8 shall be
in compliance with all performance and quality assurance indicators
that the office of population affairs within the United States
Department of Health and Human Services specifies in the program
guidelines for project grants for family planning services. An
agency not in compliance with the indicators shall not receive
supplemental or reallocated funds.
Sec. 1303. The department shall not contract with an
organization that provides elective abortions, abortion counseling,
or abortion referrals, for services that are to be funded with
state restricted or state general fund/general purpose funds
appropriated in part 1 for family planning local agreements. An
organization under contract with the department shall not
subcontract with an organization that provides elective abortions,
abortion counseling, or abortion referrals, for services that are
to be funded with state restricted or state general fund/general
purpose funds appropriated in part 1 for family planning local
agreements.
Sec. 1304. The department shall not use state restricted funds
or state general funds appropriated in part 1 in the family
planning local agreements appropriation line items for abortion
counseling, referrals, or services.
Sec. 1307. From the funds appropriated in part 1 for prenatal
care outreach and service delivery support, $400,000.00 of TANF
revenue shall be allocated for a pregnancy and parenting support
services program, which program must promote childbirth,
alternatives to abortion, and grief counseling. The department
shall establish a program with a qualified contractor that will
contract with qualified service providers to provide free
counseling, support, and referral services to eligible women during
pregnancy through 12 months after birth. As appropriate, the goals
for client outcomes shall include an increase in client support, an
increase in childbirth choice, an increase in adoption knowledge,
an improvement in parenting skills, and improved reproductive
health through abstinence education. The contractor of the program
shall provide for program training, client educational material,
program marketing, and annual service provider site monitoring. The
department shall submit a report to the house and senate
appropriations subcommittees on the department budget and the house
and senate fiscal agencies by April 1 of the current fiscal year on
the number of clients served.
Sec. 1308. From the funds appropriated in part 1 for prenatal
care outreach and service delivery support, not less than
$500,000.00 of funding shall be allocated for evidence-based
programs to reduce infant mortality including nurse family
partnership programs. The funds shall be used for enhanced support
and education to nursing teams or other teams of qualified health
professionals, client recruitment in areas designated as
underserved for obstetrical and gynecological services and other
high-need communities, strategic planning to expand and sustain
programs, and marketing and communications of programs to raise
awareness, engage stakeholders, and recruit nurses.
Sec. 1309. The department shall allocate funds appropriated in
section 119 of part 1 for family, maternal, and child health
pursuant to section 1 of 2002 PA 360, MCL 333.1091.
Sec. 1310. The department shall continue to work jointly with
the Michigan state housing development authority and the joint task
force established under article IV of 2014 PA 252 to review housing
rehabilitation, energy and weatherization, and hazard abatement
program policies and to make recommendations for integrating and
coordinating project delivery with the goals of serving more
families and achieving better outcomes by maximizing state and
federal resources. The joint task force may provide recommendations
to the department. Recommendations of the joint task force must
give consideration to best practices and cost effectiveness.
Sec. 1313. (1) The department shall continue developing an
outreach program on fetal alcohol syndrome services.
(2) The department shall explore federal grant funding to
address prevention services for fetal alcohol syndrome and reduce
alcohol consumption among pregnant women.
Sec. 1340. The department shall include national brand peanut
butter on the list of approved WIC basket items.
CHILDREN'S SPECIAL HEALTH CARE SERVICES
Sec. 1360. The department may do 1 or more of the following:
(a) Provide special formula for eligible clients with
specified metabolic and allergic disorders.
(b) Provide medical care and treatment to eligible patients
with cystic fibrosis who are 21 years of age or older.
(c) Provide medical care and treatment to eligible patients
with hereditary coagulation defects, commonly known as hemophilia,
who are 21 years of age or older.
(d) Provide human growth hormone to eligible patients.
Sec. 1361. From the funds appropriated in part 1 for medical
care and treatment, the department is authorized to spend those
funds for the continued development and expansion of telemedicine
capacity to allow families with children in the children's special
health care services program to access specialty providers more
readily and in a more timely manner.
AGING AND ADULT SERVICES AGENCY
Sec. 1402. The department may encourage the Food Bank Council
of Michigan to collaborate directly with each area agency on aging
and any other organizations that provide senior nutrition services
to secure the food security of vulnerable seniors.
Sec. 1403. (1) By February 1 of the current fiscal year, the
aging and adult services agency shall require each region to report
to the aging and adult services agency and to the legislature home-
delivered meals waiting lists based upon standard criteria.
Determining criteria shall include all of the following:
(a) The recipient's degree of frailty.
(b) The recipient's inability to prepare his or her own meals
safely.
(c) Whether the recipient has another care provider available.
(d) Any other qualifications normally necessary for the
recipient to receive home-delivered meals.
(2) Data required in subsection (1) shall be recorded only for
individuals who have applied for participation in the home-
delivered meals program and who are initially determined as likely
to be eligible for home-delivered meals.
Sec. 1417. The department shall provide to the senate and
house appropriations subcommittees on the department budget, senate
and house fiscal agencies, and state budget director a report by
March 30 of the current fiscal year that contains all of the
following:
(a) The total allocation of state resources made to each area
agency on aging by individual program and administration.
(b) Detail expenditure by each area agency on aging by
individual program and administration including both state-funded
resources and locally-funded resources.
Sec. 1421. From the funds appropriated in part 1 for community
services, $1,100,000.00 shall be allocated to area agencies on
aging for locally determined needs.
Sec. 1422. (1) From the funds appropriated in part 1 for aging
and adult services administration, the department shall contract
with the Prosecuting Attorneys Association of Michigan to provide
the support and services necessary to increase the capability of
the state's prosecutors, adult protective service system, and
criminal justice system to effectively identify, investigate, and
prosecute elder abuse and financial exploitation.
(2) By March 1 of the current fiscal year, the Prosecuting
Attorneys Association of Michigan shall provide a report on the
efficacy of the contract to the state budget office, the house and
senate appropriations subcommittees on the department budget, the
house and senate fiscal agencies, and the house and senate policy
offices.
Sec. 1423. 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 to participate 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 screen and
information services, as part of a statewide food assistance
hotline.
Sec. 1424. From the funds appropriated in part 1 for community
services, $150,000.00 is appropriated for Alzheimer's disease
services and shall be remitted to the Alzheimer's association-
Michigan chapters for the purpose of carrying out a pilot project
in Macomb, Monroe, and St. Joseph Counties. The fiduciary for the
funds is the Alzheimer's association-greater Michigan chapter. The
Alzheimer's association shall provide enhanced services, including
24/7 helpline, continued care consultation, and support groups, to
individuals with Alzheimer's disease or dementia and their families
in the 3 counties, and partner with a Michigan public university to
study whether provision of such in-home support services
significantly delays the need for residential long-term care
services for individuals with Alzheimer's disease or dementia. The
study must also consider potential cost savings related to the
delay of long-term care services, if a delay is shown.
MEDICAL SERVICES ADMINISTRATION
Sec. 1501. The unexpended funds appropriated in part 1 for the
electronic health records incentive program are considered work
project appropriations, and any unencumbered or unallotted funds
are carried forward into the following fiscal year. The following
is in compliance with section 451a(1) of the management and budget
act, 1984 PA 431, MCL 18.1451a:
(a) The purpose of the project to be carried forward is to
implement the Medicaid electronic health record program that
provides financial incentive payments to Medicaid health care
providers to encourage the adoption and meaningful use of
electronic health records to improve quality, increase efficiency,
and promote safety.
(b) The projects will be accomplished according to the
approved federal advanced planning document.
(c) The estimated cost of this project phase is identified in
the appropriation line item.
(d) The tentative completion date for the work project is
September 30, 2020.
Sec. 1502. The department shall spend available work project
revenue and any associated federal match to create and develop a
transparency database website. This funding is contingent upon
enactment of enabling legislation.
Sec. 1503. From the funds appropriated in part 1 for Healthy
Michigan plan administration, the department shall maintain an
accounting structure within the Michigan administrative information
network that will allow expenditures associated with the
administration of the Healthy Michigan plan to be identified.
Sec. 1505. By March 1 and September 1 of the current fiscal
year, the department shall submit a report to the senate and house
appropriations subcommittees on the department budget, the senate
and house fiscal agencies, and the state budget office including
both of the following:
(a) The department's projected annual increase in
reimbursement savings and cost offsets that will result from the
additional funds appropriated in part 1 for the office of inspector
general and third party liability efforts.
(b) The actual increase in reimbursement savings and cost
offsets that have resulted from the additional funds appropriated
in part 1 for the office of inspector general and third party
liability efforts.
Sec. 1506. (1) From the funds appropriated in part 1 for
technology supporting integrated service delivery, the department
shall establish new information technology tools and enhance
existing systems to improve the eligibility and enrollment process
for citizens accessing department administered programs. This
information technology system will consolidate beneficiary
information, support department caseworker efforts in building a
success plan for beneficiaries, and better support department staff
in supporting enrollees in assistance programs.
(2) Outcomes and performance measures for the initiative under
subsection (1) include, but are not limited to, the following:
(a) Successful consolidation of data warehouses maintained by
the department.
(b) The amount of time a department caseworker devotes to data
entry when initiating an enrollee application.
(c) A reduction in wait times for persons enrolled in
assistance programs to speak with department staff and get
necessary changes made.
(d) A reduction in department caseworker workload
MEDICAL SERVICES
Sec. 1601. The cost of remedial services incurred by residents
of licensed adult foster care homes and licensed homes for the aged
shall be used in determining financial eligibility for the
medically needy. Remedial services include basic self-care and
rehabilitation training for a resident.
Sec. 1603. (1) The department may establish a program for
individuals to purchase medical coverage at a rate determined by
the department.
(2) The department may receive and expend premiums for the
buy-in of medical coverage in addition to the amounts appropriated
in part 1.
(3) The premiums described in this section shall be classified
as private funds.
Sec. 1605. The protected income level for Medicaid coverage
determined pursuant to section 106(1)(b)(iii) of the social welfare
act, 1939 PA 280, MCL 400.106, shall be 100% of the related public
assistance standard.
Sec. 1606. For the purpose of guardian and conservator
charges, the department may deduct up to $60.00 per month as an
allowable expense against a recipient's income when determining
medical services eligibility and patient pay amounts.
Sec. 1607. (1) An applicant for Medicaid, whose qualifying
condition is pregnancy, shall immediately be presumed to be
eligible for Medicaid coverage unless the preponderance of evidence
in her application indicates otherwise. The applicant who is
qualified as described in this subsection shall be allowed to
select or remain with the Medicaid participating obstetrician of
her choice.
(2) An applicant qualified as described in subsection (1)
shall be given a letter of authorization to receive Medicaid
covered services related to her pregnancy. All qualifying
applicants shall be entitled to receive all medically necessary
obstetrical and prenatal care without preauthorization from a
health plan. All claims submitted for payment for obstetrical and
prenatal care shall be paid at the Medicaid fee-for-service rate in
the event a contract does not exist between the Medicaid
participating obstetrical or prenatal care provider and the managed
care plan. The applicant shall receive a listing of Medicaid
physicians and managed care plans in the immediate vicinity of the
applicant's residence.
(3) In the event that an applicant, presumed to be eligible
pursuant to subsection (1), is subsequently found to be ineligible,
a Medicaid physician or managed care plan that has been providing
pregnancy services to an applicant under this section is entitled
to reimbursement for those services until such time as they are
notified by the department that the applicant was found to be
ineligible for Medicaid.
(4) If the preponderance of evidence in an application
indicates that the applicant is not eligible for Medicaid, the
department shall refer that applicant to the nearest public health
clinic or similar entity as a potential source for receiving
pregnancy-related services.
(5) The department shall develop an enrollment process for
pregnant women covered under this section that facilitates the
selection of a managed care plan at the time of application.
(6) The department shall mandate enrollment of women, whose
qualifying condition is pregnancy, into Medicaid managed care
plans.
(7) The department shall encourage physicians to provide
women, whose qualifying condition for Medicaid is pregnancy, with a
referral to a Medicaid participating dentist at the first
pregnancy-related appointment.
Sec. 1611. (1) For care provided to medical services
recipients with other third-party sources of payment, medical
services reimbursement shall not exceed, in combination with such
other resources, including Medicare, those amounts established for
medical services-only patients. The medical services payment rate
shall be accepted as payment in full. Other than an approved
medical services co-payment, no portion of a provider's charge
shall be billed to the recipient or any person acting on behalf of
the recipient. Nothing in this section shall be considered to
affect the level of payment from a third-party source other than
the medical services program. The department shall require a
nonenrolled provider to accept medical services payments as payment
in full.
(2) Notwithstanding subsection (1), medical services
reimbursement for hospital services provided to dual
Medicare/medical services recipients with Medicare part B coverage
only shall equal, when combined with payments for Medicare and
other third-party resources, if any, those amounts established for
medical services-only patients, including capital payments.
Sec. 1620. (1) For fee-for-service recipients who do not
reside in nursing homes, the pharmaceutical dispensing fee shall be
$2.75 or the pharmacy's usual or customary cash charge, whichever
is less. For nursing home residents, the pharmaceutical dispensing
fee shall be $3.00 or the pharmacy's usual or customary cash
charge, whichever is less.
(2) The department shall require a prescription co-payment for
Medicaid recipients not enrolled in the Healthy Michigan plan or
with an income less than 100% of the federal poverty level of $1.00
for a generic drug and $3.00 for a brand-name drug, except as
prohibited by federal or state law or regulation.
(3) The department shall require a prescription co-payment for
Medicaid recipients enrolled in the Healthy Michigan plan with an
income of at least 100% of the federal poverty level of $4.00 for a
generic drug and $8.00 for a brand-name drug, except as prohibited
by federal or state law or regulation.
Sec. 1629. The department shall utilize maximum allowable cost
pricing for generic drugs that is based on wholesaler pricing to
providers that is available from at least 2 wholesalers who deliver
in this state.
Sec. 1631. (1) The department shall require co-payments on
dental, podiatric, and vision services provided to Medicaid
recipients, except as prohibited by federal or state law or
regulation.
(2) Except as otherwise prohibited by federal or state law or
regulation, the department shall require Medicaid recipients not
enrolled in the Healthy Michigan plan or with an income less than
100% of the federal poverty level to pay not less than the
following co-payments:
(a) Two dollars for a physician office visit.
(b) Three dollars for a hospital emergency room visit.
(c) Fifty dollars for the first day of an inpatient hospital
stay.
(d) One dollar for an outpatient hospital visit.
(3) Except as otherwise prohibited by federal or state law or
regulation, the department shall require Medicaid recipients
enrolled in the Healthy Michigan plan with an income of at least
100% of the federal poverty level to pay the following co-payments:
(a) Four dollars for a physician office visit.
(b) Eight dollars for a hospital emergency room visit.
(c) One hundred dollars for the first day of an inpatient
hospital stay.
(d) Four dollars for an outpatient hospital visit or any other
medical provider visit to the extent allowed by federal or state
law or regulation.
Sec. 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. 1657. (1) Reimbursement for medical services to screen
and stabilize a Medicaid recipient, including stabilization of a
psychiatric crisis, in a hospital emergency room shall not be made
contingent on obtaining prior authorization from the recipient's
HMO. If the recipient is discharged from the emergency room, the
hospital shall notify the recipient's HMO within 24 hours of the
diagnosis and treatment received.
(2) If the treating hospital determines that the recipient
will require further medical service or hospitalization beyond the
point of stabilization, that hospital shall receive authorization
from the recipient's HMO prior to admitting the recipient.
(3) Subsections (1) and (2) do not require an alteration to an
existing agreement between an HMO and its contracting hospitals and
do not require an HMO to reimburse for services that are not
considered to be medically necessary.
Sec. 1659. The following sections of this part are the only
ones that shall apply to the following Medicaid managed care
programs, including the comprehensive plan, MIChoice long-term care
plan, and the mental health, substance use disorder, and
developmentally disabled services program: 904, 911, 918, 928, 994,
1008, 1607, 1657, 1662, 1699, 1764, 1806, 1809, 1810, 1820, 1850,
1875, 1879, 1881, 1882, 1885, and 1888.
Sec. 1662. (1) The department shall ensure that an external
quality review of each contracting HMO is performed that results in
an analysis and evaluation of aggregated information on quality,
timeliness, and access to health care services that the HMO or its
contractors furnish to Medicaid beneficiaries.
(2) The department shall require Medicaid HMOs to provide
EPSDT utilization data through the encounter data system, and HEDIS
well child health measures in accordance with the National
Committee for Quality Assurance prescribed methodology.
(3) The department shall provide a copy of the analysis of the
Medicaid HMO annual audited HEDIS reports and the annual external
quality review report to the senate and house of representatives
appropriations subcommittees on the department budget, the senate
and house fiscal agencies, and the state budget director, within 30
days of the department's receipt of the final reports from the
contractors.
Sec. 1670. (1) The appropriation in part 1 for the MIChild
program is to be used to provide comprehensive health care to all
children under age 19 who reside in families with income at or
below 212% of the federal poverty level, who are uninsured and have
not had coverage by other comprehensive health insurance within 6
months of making application for MIChild benefits, and who are
residents of this state. The department shall develop detailed
eligibility criteria through the medical services administration
public concurrence process, consistent with the provisions of this
part and part 1.
(2) The department may provide up to 1 year of continuous
eligibility to children eligible for the MIChild program unless the
family fails to pay the monthly premium, a child reaches age 19, or
the status of the children's family changes and its members no
longer meet the eligibility criteria as specified in the state
plan.
(3) Children whose category of eligibility changes between the
Medicaid and MIChild programs shall be assured of keeping their
current health care providers through the current prescribed course
of treatment for up to 1 year, subject to periodic reviews by the
department if the beneficiary has a serious medical condition and
is undergoing active treatment for that condition.
(4) To be eligible for the MIChild program, a child must be
residing in a family with an adjusted gross income of less than or
equal to 212% of the federal poverty level. The department's
verification policy shall be used to determine eligibility.
(5) 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.
(6) MIChild services shall include treatment for autism
spectrum disorders as defined in the federally approved Medicaid
state plan.
Sec. 1673. The department may establish premiums for MIChild
eligible individuals in families with income at or below 212% of
the federal poverty level. The monthly premiums shall be $10.00 per
month.
Sec. 1677. The MIChild program shall provide, at a minimum,
all benefits available under the Michigan benchmark plan that are
delivered through contracted providers and consistent with federal
law, including, but not limited to, the following medically
necessary services:
(a) Inpatient mental health services, other than substance use
disorder treatment services, including services furnished in a
state-operated mental hospital and residential or other 24-hour
therapeutically planned structured services.
(b) Outpatient mental health services, other than substance
use disorder services, including services furnished in a state-
operated mental hospital and community-based services.
(c) Durable medical equipment and prosthetic and orthotic
devices.
(d) Dental services as outlined in the approved MIChild state
plan.
(e) Substance use disorder treatment services that may include
inpatient, outpatient, and residential substance use disorder
treatment services.
(f) Care management services for mental health diagnoses.
(g) Physical therapy, occupational therapy, and services for
individuals with speech, hearing, and language disorders.
(h) Emergency ambulance services.
Sec. 1682. (1) In addition to the appropriations in part 1,
the department is authorized to receive and spend penalty money
received as the result of noncompliance with medical services
certification regulations. Penalty money, characterized as private
funds, received by the department shall increase authorizations and
allotments in the long-term care accounts.
(2) Any unexpended penalty money, at the end of the year,
shall carry forward to the following year.
Sec. 1692. (1) The department is authorized to pursue
reimbursement for eligible services provided in Michigan schools
from the federal Medicaid program. The department and the state
budget director are authorized to negotiate and enter into
agreements, together with the department of education, with local
and intermediate school districts regarding the sharing of federal
Medicaid services funds received for these services. The department
is authorized to receive and disburse funds to participating school
districts pursuant to such agreements and state and federal law.
(2) From the funds appropriated in part 1 for medical services
school-based services payments, the department is authorized to do
all of the following:
(a) Finance activities within the medical services
administration related to this project.
(b) Reimburse participating school districts pursuant to the
fund-sharing ratios negotiated in the state-local agreements
authorized in subsection (1).
(c) Offset general fund costs associated with the medical
services program.
Sec. 1693. The special Medicaid reimbursement appropriation in
part 1 may be increased if the department submits a medical
services state plan amendment pertaining to this line item at a
level higher than the appropriation. The department is authorized
to appropriately adjust financing sources in accordance with the
increased appropriation.
Sec. 1694. From the funds appropriated in part 1 for special
Medicaid reimbursement, up to $12,600.00 of general fund/general
purpose revenue and any associated federal match shall be
distributed for poison control services to an academic health care
system that includes a children's hospital that has a high indigent
care volume.
Sec. 1699. (1) The department may make separate payments in
the amount of $45,000,000.00 directly to qualifying hospitals
serving a disproportionate share of indigent patients and to
hospitals providing GME training programs. If direct payment for
GME and DSH is made to qualifying hospitals for services to
Medicaid recipients, hospitals shall not include GME costs or DSH
payments in their contracts with HMOs.
(2) The department shall allocate $45,000,000.00 in DSH
funding using the distribution methodology used in fiscal year
2003-2004.
(3) 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, and
the state budget office on the distribution of funding to each
eligible hospital from the GME and DSH pools.
Sec. 1730. (1) The department shall work with the department
of education to evaluate the feasibility of including an assessment
tool to promote literacy development of pregnant women and new
mothers in the maternal infant health program.
(2) By March 1 of the current fiscal year, the department
shall provide a report to the house and senate appropriations
subcommittees on the department budget, the house and senate fiscal
agencies, and the state budget office on the findings of the
feasibility study on including an assessment tool to promote
literacy development of pregnant women and new mothers in the
maternal infant health program.
Sec. 1757. The department shall obtain proof from all Medicaid
recipients that they are legal United States citizens or otherwise
legally residing in this country and that they are residents of
this state before approving Medicaid eligibility.
Sec. 1764. (1) The department shall annually certify whether
rates paid to Medicaid health plans and specialty PIHPs are
actuarially sound in accordance with federal requirements and shall
provide a copy of the rate certification and approval of rates paid
to Medicaid health plans and specialty PIHPs within 5 business days
after certification or approval to the senate and house
appropriations subcommittees on the department budget, the senate
and house fiscal agencies, and the state budget office. When
calculating the annual actuarial soundness adjustment, the
department shall take into account all Medicaid policy bulletins
affecting Medicaid health plans or specialty PIHPs issued after the
most recent actuarial soundness process concluded. The department
shall require all Medicaid policy bulletins affecting Medicaid
health plans issued after the federal certification of rates to
include an economic analysis demonstrating that the approved rates
will not be compromised due to the new policy.
(2) To fully implement actuarial soundness, the department
shall include language in the contract between the state and
Medicaid health plans that provides that the state will annually
reimburse the contractor the full cost of all taxes imposed by this
state and the federal government, including the health insurer fee
that the contractor incurs and becomes obligated to pay under
section 9010 of the patient protection and affordable care act,
Public Law 111-148, as amended by the health care and education
reconciliation act of 2010, due to its receipt of Medicaid premiums
under the contract. For purposes of this subsection, the full cost
of the health insurer fee includes both the health insurer fee and
the allowance to reflect the federal and state income tax.
Sec. 1770. 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 information
on savings from the reduction in managed care laboratory services
fees enacted under Executive Order No. 2015-5 and continued in the
current fiscal year. This report shall include the actual gross
reduction in expenditures by Medicaid health plans that result from
the reduction in the laboratory services fees.
Sec. 1775. (1) By March 1 and September 1 of the current
fiscal year, the department shall report to the senate and house
appropriations subcommittees on the department budget, the senate
and house fiscal agencies, and the state budget office on progress
in implementing the waiver to implement managed care for
individuals who are eligible for both Medicare and Medicaid, known
as MI Health Link, including, but not limited to, a description of
how the department intends to ensure that service delivery is
integrated, how key components of the proposal are implemented
effectively, and any problems and potential solutions as identified
by the ombudsman described in subsection (2).
(2) The department shall ensure the existence of an ombudsman
program that is not associated with any project service manager or
provider to assist MI Health Link beneficiaries with navigating
complaint and dispute resolution mechanisms and to identify
problems in the demonstrations and in the complaint and dispute
resolution mechanisms.
Sec. 1800. For the distribution of each of the pools within
the $85,000,000.00 outpatient disproportionate share hospital
payment, the department shall develop a formula for the
distribution of each pool based on the quality of care, cost,
traditional disproportionate share hospital factors such as
Medicaid utilization and uncompensated care, and any other factor
that the department determines should be considered. By May 1 of
the current fiscal year, the department shall report to the senate
and house appropriations subcommittees on the department budget,
the senate and house fiscal agencies, and the state budget office
on the distribution of each pool.
Sec. 1801. From the funds appropriated in part 1 for physician
services and health plan services, the department shall use
$33,318,800.00 in general fund/general purpose plus associated
federal match to continue the increase to Medicaid rates for
primary care services provided only by primary care providers. For
the purpose of this section, a primary care provider is a
physician, or a practitioner working under the personal supervision
of a physician, who is board-eligible or certified with a specialty
designation of family medicine, general internal medicine, or
pediatric medicine, or a provider who provides the department with
documentation of equivalency. The department shall examine
including the subspecialty of neonatal medicine in its definition
of primary care provider. 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. 1802. From the funds appropriated in part 1, a lump-sum
payment shall be made to hospitals that qualified for rural
hospital access payments in fiscal year 2013-2014 and that provide
obstetrical care in the current fiscal year. The payment shall be
calculated as $830.00 for each obstetrical care case payment and
each newborn care case payment for all such cases billed by the
qualified hospitals for fiscal year 2012-2013 and shall be paid
through the Medicaid health plan hospital rate adjustment process
by January 1 of the current fiscal year.
Sec. 1804. The department, in cooperation with the department
of military and veterans affairs, shall work with the federal
public assistance reporting information system to identify Medicaid
recipients who are veterans and who may be eligible for federal
veterans health care benefits or other benefits.
Sec. 1805. Hospitals receiving medical services payments for
graduate medical education shall submit fully completed quality
data to the same national nonprofit organization with extensive
experience in collecting and reporting hospital quality data on a
public website. The reporting must utilize consensus-based
nationally endorsed standards that meet National Quality Forum-
endorsed safe practices. The organization collecting the data must
be one that uses severity-adjusted risk models and measures that
will help patients and payers identify hospital campuses likely to
have superior outcomes. The department shall withhold a hospital's
graduate medical education payment until the hospital submits the
data to the qualifying nonprofit organization described in this
section.
Sec. 1806. (1) The department may establish performance
standards to measure progress in the implementation of the common
formulary used by all contracted Medicaid health plans.
(2) The ongoing implementation of the common formulary must
include consideration of the department's preferred drug list.
(3) To achieve the objective of low net cost, the contracted
health plans may use evidence-based utilization management
techniques in the implementation of the common formulary.
(4) The contracted health plans and the department shall
continue to facilitate and emphasize the value of increased
participation in the use of e-prescribing and electronic medical
records.
Sec. 1809. The department shall establish separate contract
performance standards for Medicaid health plans that adhere to the
requirements of section 105d of the social welfare act, 1939 PA
280, MCL 400.105d, associated with the 0.75% and 0.25% capitation
withhold. The determination of the performance of the 0.75%
capitation withhold is at the discretion of the department but must
include recognized concepts such as 1-year continuous enrollment
and the HEDIS audited data. The determination of the performance of
the 0.25% capitation withhold is at the discretion of the
department but must include the utilization of high-value services
and discouraging the utilization of low-value services.
Sec. 1810. The department shall enhance encounter data
reporting processes and develop rules that would make each health
plan's encounter data as complete as possible, provide a fair
measure of acuity for each health plan's enrolled population for
risk adjustment purposes, capitation rate setting, diagnosis-
related group rate setting, and research and analysis of program
efficiencies while minimizing health plan administrative expense.
Sec. 1812. (1) By June 1 of the current fiscal year, the
department shall require each hospital that receives funds
appropriated in part 1 for graduate medical education to submit a
report disclosing all direct and indirect costs associated with the
residency training program to the department, the senate and house
appropriations subcommittees on the department budget, the senate
and house fiscal agencies, and the state budget office.
(2) By August 1 of the current fiscal year, the department
shall require each hospital that receives funds appropriated in
part 1 for graduate medical education to submit a report
identifying and explaining the following:
(a) The marginal cost to add 1 additional residency training
program slot.
(b) The number of additional slots that would result in the
need to add additional administrative costs to oversee the
residents in the training program.
(c) The postresidency retention rate for the residency
training program.
(3) The department shall hold graduate medical education
recipients' payments until the submission of the information
required in subsections (1) and (2).
(4) The department shall convene a workgroup to use the
reports submitted under subsections (1) and (2) to assist in the
development of metrics for distribution of graduate medical
education funds and shall report to the senate and house
appropriations subcommittees on the department budget and the
senate and house fiscal agencies on the results of the workgroup by
September 30 of the current fiscal year. It is the intent of the
legislature that, beginning with the budget for the fiscal year
ending September 30, 2018, the metrics developed by this workgroup
be used to determine the distribution of funds for graduate medical
education.
(5) If needed, the department shall seek a federal waiver to
fulfill the requirements of this section.
Sec. 1820. (1) In order to avoid duplication of efforts, the
department shall utilize applicable national accreditation review
criteria to determine compliance with corresponding state
requirements for Medicaid health plans that have been reviewed and
accredited by a national accrediting entity for health care
services.
(2) The department shall continue to comply with state and
federal law and shall not initiate an action that negatively
impacts beneficiary safety.
(3) As used in this section, "national accrediting entity"
means the National Committee for Quality Assurance, the URAC,
formerly known as the Utilization Review Accreditation Commission,
or other appropriate entity, as approved by the department.
(4) By July 1 of the current fiscal year, the department shall
provide a progress report to the house and senate appropriations
subcommittees on the department budget, the house and senate fiscal
agencies, and the state budget office on implementation of this
section.
Sec. 1837. The department shall continue, and expand where
appropriate, utilization of telemedicine and telepsychiatry as
strategies to increase access to services for Medicaid recipients
in medically underserved areas.
Sec. 1846. From the funds appropriated in part 1 for graduate
medical education, the department shall distribute the funds with
an emphasis on the following health care workforce goals:
(a) The encouragement of the training of physicians in
specialties, including primary care, that are necessary to meet the
future needs of residents of this state.
(b) The training of physicians in settings that include
ambulatory sites and rural locations.
Sec. 1850. The department may allow Medicaid health plans to
assist with the redetermination process through outreach activities
to ensure continuation of Medicaid eligibility and enrollment in
managed care. This may include mailings, telephone contact, or
face-to-face contact with beneficiaries enrolled in the individual
Medicaid health plan. Health plans may offer assistance in
completing paperwork for beneficiaries enrolled in their plan.
Sec. 1862. From the funds appropriated in part 1, the
department shall maintain payment rates for Medicaid obstetrical
services at 95% of Medicare levels effective October 1, 2014.
Sec. 1866. (1) From the funds appropriated in part 1 for
hospital services and therapy and health plan services,
$12,000,000.00 in general fund/general purpose revenue and any
associated federal match shall be awarded to hospitals that meet
criteria established by the department for services to low-income
rural residents. One of the reimbursement components of the
distribution formula shall be assistance with labor and delivery
services.
(2) No hospital or hospital system shall receive more than
10.0% of the total funding referenced in subsection (1).
(3) To allow hospitals to understand their rural payment
amounts under this section, the department shall provide hospitals
with the methodology for distribution under this section and
provide each hospital with its applicable data that are used to
determine the payment amounts by August 1 of the current fiscal
year. The department shall publish the distribution of payments for
the current fiscal year and the immediately preceding fiscal year.
(4) 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 funds referenced in subsection (1) by April 1 of
the current fiscal year.
Sec. 1870. (1) The department shall work with MiDocs to create
a legal entity that is a 501(c)(3) organization, which shall serve
as the fiduciary for any state-appropriated funds for a future
pilot program.
(2) MiDocs shall develop a grant-making mechanism to determine
which specialties, programs, and institutions are eligible to
receive funding under a potential pilot program, propose a funding
mechanism that will address potential interruptions of multi-year
residency positions, and design an incentive program for residents
to practice in underserved communities post-residency by offsetting
part or all of the residents' medical school debt.
(3) The department shall work with MiDocs and the Michigan
Area Health Education Centers to identify the number, type,
locations, and cost of potential new MiDocs residency slots, with
the goal of 50 residents per class or 150 in the overall pilot
program.
(4) The Michigan Area Health Education Centers shall do all of
the following:
(a) Develop a database protocol for collecting and
distributing educational and clinical quality outcomes.
(b) Incorporate interprofessional education best practices.
(c) Survey small hospitals and ambulatory sites in medically
underserved areas to ascertain their ability and willingness to
train residents and other health care professionals using
traditional and innovative methods.
(d) Develop criteria and certification for clinical rotation
sites.
(e) Assist MiDocs in developing reporting tools to annually
report audited financial, clinical, and educational data to the
state legislature and the department.
(5) By December 1 of the current fiscal year, the department
and MiDocs shall submit a report to the senate and house
subcommittees on the department budget, the senate and house fiscal
agencies, the senate and house policy offices, and the state budget
office on the information required by subsections (3) and (4) as
well as a comprehensive funding plan for the pilot project.
(6) It is the intent of the legislature that, beginning with
the budget for the fiscal year ending September 30, 2018, the
department shall work in collaboration with the MiDocs consortium
to create a pilot graduate medical education program with the
purpose of producing new physicians to practice medicine in this
state.
Sec. 1872. From the funds appropriated in part 1 for adult
home help services, the department shall allocate $500,000.00 to
develop and deploy a mobile electronic service verifications
solution that shall include biometric identity verification to
create administrative efficiencies, reduce error, and minimize
fraud.
Sec. 1873. From the funds appropriated in part 1 for long-term
care services, the department may allocate up to $3,700,000.00 for
the purpose of outreach and education to nursing home residents and
the coordination of housing in order to move out of the facility.
In addition, any funds appropriated shall be used for other quality
improvement activities of the program. The department shall
consider working with the Area Agencies on Aging Association of
Michigan, the non-Area Agencies on Aging waivers, and the
Disability Network/Michigan to develop a plan for the ongoing
sustainability of the nursing facility transition initiative.
Sec. 1874. (1) 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.
(2) The department shall establish a workgroup that consists
of the independent waiver agents, the medical services
administration, and PACE providers, to address PACE program issues
as identified within the state contract with PACE providers. The
workgroup shall, at a minimum, address the following concerns:
(a) Timely eligibility processing.
(b) Barriers to new enrollment.
(c) Future expansion criteria.
(3) The department shall report by April 1 of the current
fiscal year to the senate and house appropriations subcommittees on
the department budget, the senate and house fiscal agencies, and
the state budget office on the findings of the workgroup.
Sec. 1875. (1) The department and its contractual agents may
not subject Medicaid prescriptions to prior authorization
procedures with respect to the following drugs:
(a) A prescription drug that 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.
(b) A prescription drug that is generally recognized in a
standard medical reference for the treatment of cancer, HIV-AIDS,
epilepsy or seizure disorder, or organ replacement therapy.
(2) As used in this section, "prior authorization" means a
process implemented by the department or its contractual agents
that conditions, delays, or denies delivery 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 Michigan.
Sec. 1876. (1) From the funds appropriated in part 1 for
Healthy Michigan Plan, the department shall allocate up to
$830,000.00 to facilitate the development and implementation of a
demonstration project in cooperation with 1 or more contracting
Medicaid health plans. These provisions shall be part of the
protocol for implementation of incentives under the Healthy
Michigan Plan and must do all of the following:
(a) Target Healthy Michigan Plan health plan enrollees who are
above 100% of the federal poverty level, in at least 2 prosperity
regions.
(b) Implement a web-based technology that links providers,
beneficiaries, and health plans, in real-time, for the purpose of
addressing deficiency in medical literacy and demonstrating that
personal responsibility is enhanced by technology.
(c) Identify specific behavioral changes that will result as
indicated by changes in measurable health outcomes and health care
utilization.
(2) The demonstration project shall be implemented by April 1
of the current fiscal year. Prior to implementation, the department
shall present a summary description to the senate and house
appropriations subcommittees on the department budget and the
senate and house committees on health policy that must include the
estimated cost of the demonstration, identify a shared savings
proposal for Medicaid health plans who participate in the
demonstration, and identify intended measurable results.
(3) It is the intent of the legislature that the demonstration
project shall test the cost containment capabilities of a program
that uses financial incentives to improve health and health care by
promoting health literacy and doctor-patient mutual accountability.
Outcomes and performance measures for this initiative shall
include, but are not limited to, the following:
(a) The total annual per capita or per-member-per-year health
care expenditures. This metric shall be derived by dividing the
total annual health care expenditures of a population by the
average annual number of people in that population. Claims data
shall be used to compute health care expenditures.
(b) The per-member-per-year health care expenditures of a
reasonably matched population not covered by the demonstration
program. To account for minor differences in the 2 populations,
each group's annual trend during the pilot shall be measured
against their respective baseline trends in the year before
implementing the program.
(c) In order to attribute the finding to the program, other
process metrics that have been found to correlate with health
literacy must be analyzed. These metrics may include
hospitalization rates, frequency of emergency room use, and the
percentage of health education sessions prescribed by medical
providers and successfully completed by patients relative to the
total number of possible session opportunities offered through the
program.
(4) It is the intent of the legislature that, beginning with
the budget for the fiscal year ending September 30, 2018, the
department shall submit quarterly reports to the senate and house
appropriations committees on the department budget, the senate and
house fiscal agencies, the senate and house policy offices, and the
state budget office detailing the information required in
subsection (3).
Sec. 1877. The department shall identify necessary metrics and
data collection protocols to measure the dynamic movement of
enrollees in the Healthy Michigan Plan. The goal is to ensure
incentives, for all stakeholders, are aligned in order to increase
utilization of high-value services, decrease utilization of low-
value services, and increase employment opportunities. By December
31 of the current fiscal year, the department must present the
first generation of these assessments to the senate and house
appropriations subcommittees on the department budget and the
senate and house committees on health policy.
Sec. 1878. Not later than March 1 of the current fiscal year,
the department shall provide a report to the senate and house
appropriations subcommittees on the department budget, the senate
and house fiscal agencies, the senate and house policy offices, and
the state budget office on hepatitis C tracking data. At a minimum,
the report shall include information on the following for
individuals treated with Harvoni or any other treatment used to
cure hepatitis C during the current fiscal year or a previous
fiscal year:
(a) The total number of people treated broken down by those
treated through traditional Medicaid and those treated through the
Healthy Michigan plan.
(b) The total cost of treatment.
(c) The total cost of treatment broken down by those treated
through traditional Medicaid and those treated through the Healthy
Michigan plan.
(d) The total amount of any rebates that were received from
the purchase of hepatitis C specialty pharmaceuticals.
(e) Outstanding rebates that the department is expecting to
receive.
(f) The cure rate broken down by Metavir Score, genotype,
Medicaid match rate, and drug used during treatment.
(g) The reinfection rate broken down by Metavir Score,
genotype, Medicaid match rate, and drug used during treatment.
Sec. 1879. For the purpose of Medicaid third party collections
by Medicaid health plans, each contracting Medicaid health plan is
considered an agent of the department in order to access other
carrier data that is otherwise provided to the department.
Sec. 1880. (1) From the funds appropriated in part 1 for
health plan services, the department shall implement a direct
primary care pilot program for Medicaid enrollees in Wayne,
Oakland, and Livingston Counties that shall run from October 1,
2016 to September 30, 2017. The pilot program shall include 400
enrollees from each of the following Medicaid eligibility
categories:
(a) Childless adults.
(b) Children ages 0-6 years.
(c) Children ages 7-18 years.
(d) Parents.
(e) Elderly individuals.
(f) Disabled individuals.
(2) For the purposes of the pilot program, each enrollee shall
be enrolled in a direct primary care provider plan under contract
with 1 or more managed care provider organizations under contract
with the department to provide Medicaid services. The enrollee will
be eligible for claims to the managed care provider for services
not covered by the direct primary care provider plan.
(3) The department may take out a stop loss policy to mitigate
the potential cost impact if pilot program per-member-per-month
costs exceed per-member-per-month costs for the program the
enrollee would have been in had they not participated in the pilot
program. The cost of the stop loss plan shall not be used in the
assessment of the success of the pilot program.
(4) The contract described in subsection (2) shall include the
following provisions:
(a) The monthly direct primary care enrollment fee shall not
exceed a weighted average of $70.00 per month across all
eligibility categories. The average shall be weighted by the
population makeup of the pilot program.
(b) The direct primary care provider must not accept any third
party payments for health care services, other than retainer fees
from the managed care provider with which they have contracted.
(c) The managed care provider must designate participating
direct primary care providers as the gatekeeper for the pilot
participant. As a gatekeeper, the direct primary care provider
shall be authorized to provide the pilot participant with access to
non-primary-care services in the managed care provider network. The
managed care provider shall not stipulate any conditions upon a
direct primary care provider that would alter the direct primary
care service delivery model as a requirement for the direct primary
care provider to receive the gatekeeper designation.
(d) The managed care provider is not liable for increased
costs resulting from implementation of the pilot program.
(e) The managed care provider shall retain 50% of the net
total savings resulting from implementation of the pilot program,
while the remaining 50% shall return to the state as lapsed
Medicaid funds.
(f) The managed care provider may share its portion of the net
total savings resulting from implementation of the pilot program
with the direct primary care service providers under contract with
the managed care provider.
(5) On a quarterly basis the department shall report to the
senate and house appropriations subcommittees on the department
budget, the senate and house fiscal agencies, the senate and house
policy offices, and the state budget office on the implementation
of the direct primary care pilot program. The report shall include,
but is not limited to, the following performance metrics:
(a) The number of enrollees in the pilot program by
eligibility category.
(b) The per-member-per-month rate paid in fiscal year 2015-
2016 per eligibility category.
(c) The number of claims paid in fiscal year 2015-2016 per
eligibility category.
(d) The number of claims per category weighted to reflect 400
enrollees.
(e) The dollar value of all claims per eligibility category.
(f) The per-member-per-month actual cost, which equals the
direct primary care plan costs and any managed care costs not
covered through the direct primary care plan, including managed
care provider overhead costs.
(g) The average direct primary care cost per enrollee per
eligibility category.
(h) The average number of actual claims per eligibility
category.
(i) The average actual dollar value of claims per eligibility
category.
(j) The number of enrollees in the pilot program during the
previous quarter who are no longer eligible for Medicaid in the
current quarter, broken down by eligibility category.
(k) The category savings subtotal, which equals the per-
member-per-month rate paid in fiscal year 2015-2016 minus the per-
member-per-month actual cost, times the number of enrollees in the
eligibility category.
(l) The total savings, which equals the per-member-per-month
rate paid in fiscal year 2015-2016 minus the per-member-per-month
actual cost, times the total number of enrollees in the program.
(6) Unexpended and unencumbered funds up to a maximum of
$830,000.00 general fund/general purpose revenue plus any
associated federal match remaining in accounts appropriated in part
1 for health plan services 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 direct primary care pilot program for Medicaid
enrollees in Wayne, Oakland, and Livingston Counties under this
section until the projects have been completed. All of the
following are in compliance with section 451a of the management and
budget act, 1984 PA 431, MCL 18.1451a:
(a) The purpose of the pilot is to fund the cost of a direct
primary care pilot program as provided by this section.
(b) The project will be accomplished by contracting with a
managed care organization under contract with the department to
provide Medicaid services.
(c) The total estimated cost of the project is $830,000.00 of
general fund/general purpose revenue plus any associated federal
match.
(d) The tentative completion date is September 30, 2019.
Sec. 1881. The department shall partner with the Michigan
Association of Health Plans in the development and implementation
of strategies for the use of information technology services for
Medicaid research activities. The department shall make available
state medical assistance program data, without charge, to the
Michigan Association of Health Plans or any vendor considered
qualified by the department for the purpose of research activities
consistent with the state's goals of improving health, increasing
the quality, reliability, availability, and continuity of care, and
reducing the cost of care of the eligible population of Medicaid
enrollees.
Sec. 1882. By October 31, 2016, the department shall report to
the senate and house appropriations subcommittees on the department
budget, the senate and house fiscal agencies, and the state budget
office, documentation of the expenses incurred during the immediate
preceding fiscal year by Medicaid health plans and PIHPs for the
purpose of meeting the contractual requirements to join the
Michigan Health Information Network Shared Services and
incentivizing providers to become members of the Health Information
Exchange Qualified Organization. The report should also include an
estimation of the expenses to be incurred in the current fiscal
year by Medicaid health plans and PIHPs for the same purpose of
meeting their contractual obligations.
Sec. 1883. From the funds appropriated in part 1, the
department shall increase Medicaid private duty nursing rates by
20%.
Sec. 1884. (1) From the funds appropriated in part 1, the
department shall increase Medicaid primary care physician rates by
6%.
(2) The department shall report by April 1 of the current
fiscal year to the senate and house fiscal agencies, the senate and
house subcommittees on the department budget, and the state budget
office the following:
(a) A list of medical specialties that were paid enhanced
primary care rates in the fiscal year 2015-2016.
(b) Information on the geographic distribution of specialists
who received enhanced rates in fiscal year 2015-2016.
Sec. 1888. By July 1 of the current fiscal year, the
department shall establish contract performance standards
associated with the capitation withhold provisions for Medicaid
health plans. 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. 1890. From the funds appropriated in part 1 for
pharmaceutical services, the department shall ensure Medicaid
recipients' access to breast pumps to support and encourage
breastfeeding. The department shall adjust Medicaid policy to, at a
minimum, provide an individual double electric style pump to a
breastfeeding mother when a physician prescribes such a device
based on diagnosis of mother or infant. If the distribution method
for pumps or other equipment is a department contract with durable
medical equipment providers, the department shall guarantee
providers stock and rent to Medicaid recipients without delay or
undue restriction.
Sec. 1894. (1) From the funds appropriated in part 1 for
dental services, the department shall expand the Healthy Kids
Dental program to all children in Kent, Oakland, and Wayne
Counties. This program expansion will improve access to necessary
dental services for Medicaid-enrolled children.
(2) Outcomes and performance measures for this initiative
include, but are not limited to, the following:
(a) The number of Medicaid-enrolled children in Kent, Oakland,
and Wayne Counties who visited the dentist over the prior year.
(b) The number of dentists in Kent, Oakland, and Wayne
Counties who will accept Medicaid payment for services to children.
(c) The change in dental utilization in Kent, Oakland, and
Wayne Counties before and after full implementation of the Healthy
Kids Dental expansion in these counties.
Sec. 1895. (1) From the funds appropriated in part 1 for
dental services, $100.00 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 an effective
health insurance enrollment process for uninsured patients and
demonstrate to the department an effective process of charging
patients on a sliding scale based on the patient's ability to pay.
(3) Outcomes and performance measures for the program under
this section include, but are not limited to, the following:
(a) The number of uninsured patients who visited a
participating dentist over the prior 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.
Sec. 1896. (1) From the funds appropriated in part 1 for
dental services, the department shall contract with a managed care
organization for the administration of the Medicaid adult dental
benefit. This program expansion will improve access to necessary
dental services for Medicaid-enrolled adults.
(2) The beginning date for the managed care contract under
subsection (1) must be at least 8 months after the beginning date
of new contracts with Medicaid health plans for physical health
Medicaid services.
(3) Outcomes and performance measures for the program change
under this section include, but are not limited to, the following:
(a) The number of adults enrolled in Medicaid who visited a
dentist over the prior year.
(b) The number of dentists statewide who participate in the
dental managed care organization's provider network.
Sec. 1899. From the funds appropriated in part 1 for personal
care services, the department shall maintain the personal care
services rate at the level in effect October 1, 2014.
ONE-TIME BASIS ONLY APPROPRIATIONS
Sec. 1908. The funds appropriated in part 1 for hospice
services shall be expended to provide room and board for Medicaid
recipients who meet hospice eligibility requirements and receive
services at Medicaid enrolled hospice residences in this state. The
qualifying hospice residences must have been enrolled with Medicaid
by October 1, 2014.
Sec. 1909. (1) From the increased funds appropriated in part 1
for family preservation and support services, the department shall
expand the parent partner program and the family reunification
program. The purpose of these program expansions will be to enhance
family preservation and support services to prevent the need for
foster care, shorten the length of time between foster care entry
and reunification, and sustain parental progress following
reunification.
(2) The department shall identify specific outcomes and
performance measures for this initiative, including, but not
limited to, the following:
(a) Percentage of children that were discharged from foster
care to reunification in less than 12 months from the date of the
latest removal from home.
(b) Median length of stay in months from the date of the
latest removal from home until the date of discharge to
reunification.
(c) Percentage of children who reentered foster care in less
than 12 months from the date of discharge to reunification.
(d) Percentage of children who were victims of a substantiated
or indicated maltreatment allegation who were not victims of
another substantiated or indicated maltreatment allegation within a
6-month period from the date of discharge to reunification.
(e) Measurable effects of this program expansion on reducing
the rate of children who live in families with incomes below the
federal poverty level.
(3) Unexpended funds appropriated in part 1 for family
preservation and support services are designated as work project
appropriations, and any unencumbered or unalloted funds shall not
lapse at the end of the current fiscal year and shall be available
for expenditures for the parent partner program and the family
reunification program until the projects have been completed. All
of the following are in compliance with section 451a of the
management and budget act, 1984 PA 431, MCL 18.1451a:
(a) The purpose of the projects is to expand and enhance
family preservation and support services to prevent the need for
foster care, shorten the length of time between foster care entry
and reunification, and sustain parental progress following
reunification.
(b) The projects will be carried out through contracts with
private and not-for-profit vendors to expand the parent partner
program and family reunification program to additional counties
throughout the state.
(c) The estimated cost of this work project is $3,133,300.00.
(d) The estimated work project completion date is September
30, 2019.
Sec. 1910. From the funds appropriated in part 1 for the
drinking water declaration of emergency, the department shall
allocate funds to address needs relating to the declaration of
emergency 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) Emergency 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 health care access program, and pathways to potential
programming.
(d) Nursing services, 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) Assessment of potential linkages to other diseases.
Sec. 1911. The funds appropriated in part 1 for pharmacy
reserve are not available for expenditure until the following
conditions have been met:
(a) The funds have been transferred to other line items in
part 1 pursuant to section 393(2) of the management and budget act,
1984 PA 431, MCL 18.1393.
(b) Thirty days have passed since the department has provided
the legislature with a report containing the following information:
(i) The pharmaceuticals that would now be covered by programs
run by the department from the transfers referenced in subdivision
(a).
(ii) The basis for the decision to cover these
pharmaceuticals, including information, if any, from the state's
pharmacy and therapeutics committee.
(iii) An estimate of the gross and general fund/general
purpose cost to the department of covering the medications in the
current fiscal year and the subsequent fiscal year.
(iv) A list of metrics to determine the efficacy, in terms of
patient outcomes and net long-term fiscal impact, of the decision
to cover these medications.
PART 2A
PROVISIONS CONCERNING ANTICIPATED APPROPRIATIONS
FOR FISCAL YEAR 2017-2018
GENERAL SECTIONS
Sec. 2001. It is the intent of the legislature to provide
appropriations for the fiscal year ending on September 30, 2018 for
the line items listed in part 1. The fiscal year 2017-2018
appropriations are anticipated to be the same as those for fiscal
year 2016-2017, except that the line items will be adjusted for
changes in caseload and related costs, federal fund match rates,
economic factors, and available revenue. These adjustments will be
determined after the January 2017 consensus revenue estimating
conference.
ARTICLE XI
DEPARTMENT OF INSURANCE AND FINANCIAL SERVICES
PART 1
LINE-ITEM APPROPRIATIONS
Sec. 101. There is appropriated for the department of
insurance and financial services for the fiscal year ending
September 30, 2017, from the following funds:
DEPARTMENT OF INSURANCE AND FINANCIAL SERVICES
APPROPRIATION SUMMARY
Full-time equated unclassified positions.......... 6.0
Full-time equated classified positions.......... 337.0
GROSS APPROPRIATION.................................... $ 66,307,200
Total interdepartmental grants and intradepartmental
transfers............................................ 707,600
ADJUSTED GROSS APPROPRIATION........................... $ 65,599,600
Federal revenues:
Total federal revenues................................. 2,000,000
Special revenue funds:
Bank fees.............................................. 6,824,100
Captive insurance regulation........................... 3,900
Captive insurance regulatory and supervision fund...... 282,900
Consumer finance fees.................................. 3,419,200
Credit union fees...................................... 9,031,100
Deferred presentment service transaction fees.......... 3,766,700
Insurance bureau fund.................................. 23,836,000
Insurance continuing education fees.................... 1,086,100
Insurance licensing and regulation fees................ 8,553,700
MBLSLA fund............................................ 6,363,000
Multiple employer welfare arrangement.................. 282,900
Total other state restricted revenues.................. 63,449,600
State general fund/general purpose..................... $ 150,000
State general fund/general purpose schedule:
Ongoing state general fund/general
purpose...................................... 150,000
One-time state general fund/general
purpose............................................ 0
Sec. 102. DEPARTMENT SERVICES
Full-time equated unclassified positions.......... 6.0
Full-time equated classified positions........... 23.0
Department services--19.0 FTE positions................ $ 3,730,700
Unclassified--6.0 FTE positions........................ 746,500
Executive director programs--4.0 FTE positions......... 1,109,200
Property management.................................... 1,175,700
Worker's compensation.................................. 5,200
Administrative hearings................................ 182,500
Information technology services and projects........... 2,216,100
GROSS APPROPRIATION.................................... $ 9,165,900
Appropriated from:
Special revenue funds:
Bank fees.............................................. 806,000
Captive insurance regulation........................... 3,900
Consumer finance fees.................................. 358,200
Credit union fees...................................... 1,062,300
Deferred presentment service transaction fees.......... 473,500
Insurance bureau fund.................................. 2,847,600
Insurance continuing education fees.................... 91,100
Insurance licensing and regulation fees................ 2,549,200
MBLSLA fund............................................ 822,900
Multiple employer welfare arrangement.................. 1,200
State general fund/general purpose..................... $ 150,000
Sec. 103. INSURANCE AND FINANCIAL SERVICES REGULATION
Full-time equated classified positions.......... 314.0
Insurance evaluation--54.0 FTE positions............... $ 12,908,900
Insurance rates and forms--30.0 FTE positions.......... 5,942,500
Financial institutions evaluation--132.0 FTE positions. 24,212,800
Regulatory compliance, market conduct and
licensing--34.0 FTE positions........................ 5,482,000
Consumer services and protection--64.0 FTE positions... 8,595,100
GROSS APPROPRIATION.................................... $ 57,141,300
Appropriated from:
IDG-LARA, for debt management.......................... 707,600
Federal revenues:
Federal revenues....................................... 2,000,000
Special revenue funds:
Bank fees.............................................. 6,018,100
Captive insurance regulatory and supervision fund...... 282,900
Consumer finance fees.................................. 3,061,000
Credit union fees...................................... 7,968,800
Deferred presentment service transaction fees.......... 3,293,200
Insurance bureau fund.................................. 20,988,400
Insurance continuing education fees.................... 995,000
Insurance licensing and regulation fees................ 6,004,500
MBLSLA fund............................................ 5,540,100
Multiple employer welfare arrangement.................. 281,700
State general fund/general purpose..................... $ 0
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
FOR FISCAL YEAR 2016-2017
GENERAL SECTIONS
Sec. 201. In accordance with the provisions of section 30 of
article IX of the state constitution of 1963, total state spending
from state resources in this part and part 1 for the fiscal year
ending September 30, 2017 is $63,599,600.00 and state
appropriations paid to local units of government are $0.
Sec. 202. The appropriations made and expenditures authorized
under this part and part 1 and the departments, commissions,
boards, offices, and programs for which appropriations are made
under this part are subject to the management and budget act, 1984
PA 431, MCL 18.1101 to 18.1594.
Sec. 203. As used in this part and part 1:
(a) "Department" means the department of insurance and
financial services.
(b) "Director" means the director of the department.
(c) "Fiscal agencies" means Michigan house fiscal agency and
Michigan senate fiscal agency.
(d) "FTE" means full-time equated.
(e) "IDG" means interdepartmental grant.
(f) "LARA" means the department of licensing and regulatory
affairs.
(g) "MBLSLA fund" means the restricted account established
under section 8 of the mortgage brokers, lenders, and servicers
licensing act, 1987 PA 173, MCL 445.1658.
(h) "Subcommittees" means all members of the subcommittees of
the house and senate appropriations committees with jurisdiction
over the budget for the department.
Sec. 204. The departments and agencies receiving
appropriations in this part and part 1 shall use the Internet to
fulfill the reporting requirements of this part. This requirement
may include transmission of reports via electronic mail to the
recipients identified for each reporting requirement, or it may
include placement of reports on an Internet or Intranet site.
Sec. 205. In addition to the metrics required under section
447 of the management and budget act, 1984 PA 431, MCL 18.1447, for
each new program or program enhancement for which funds in excess
of $500,000.00 are appropriated in part 1, the department shall
provide not later than November 1 a list of program-specific
metrics intended to measure its performance based on a return on
taxpayer investment. The department shall deliver the program-
specific metrics to members of the senate and house subcommittees
that have subject matter jurisdiction for this budget, fiscal
agencies, and the state budget director. The department shall
provide an update on its progress in tracking program-specific
metrics and the status of program success at an appropriations
subcommittee meeting called for by the subcommittee chair.
Sec. 206. The director shall take all reasonable steps to
ensure businesses in deprived and depressed communities compete for
and perform contracts to provide services or supplies, or both. The
director shall strongly encourage firms with which the department
contracts to subcontract with certified businesses in depressed and
deprived communities for services, supplies, or both.
Sec. 207. The departments and agencies receiving
appropriations in this part and part 1 shall prepare a report on
out-of-state travel expenses not later than January 1 of each year.
The travel report must list all travel by classified and
unclassified employees outside this state in the immediately
preceding fiscal year that was funded in whole or in part with
funds appropriated in the department's budget. The report shall be
submitted to the house and senate appropriations committees, the
fiscal agencies, and the state budget director. The report must
include the following information:
(a) The dates of each travel occurrence.
(b) The total transportation and related costs of each travel
occurrence, including the proportion funded with state general
fund/general purpose revenues, the proportion funded with state
restricted revenues, the proportion funded with federal revenues,
and the proportion funded with other revenues.
Sec. 208. Funds appropriated in this part and part 1 shall not
be used by a principal executive department, state agency, or
authority to hire a person to provide legal services that are the
responsibility of the attorney general. This prohibition does not
apply to legal services for bonding activities and for those
outside services that the attorney general authorizes.
Sec. 209. Funds appropriated in this part and part 1 shall not
be used for the purchase of foreign goods or services, or both, if
competitively priced and of comparable quality American goods or
services, or both, are available. Preference shall be given to
goods or services, or both, manufactured or provided by Michigan
businesses, if they are competitively priced and of comparable
quality. In addition, preference shall be given to goods or
services, or both, that are manufactured or provided by Michigan
businesses owned and operated by veterans, if they are
competitively priced and of comparable quality.
Sec. 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.
(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.
(3) Funds appropriated under this section are not available
for expenditure until they have been transferred to another line
item in part 1 under section 393(2) of the management and budget
act, 1984 PA 431, MCL 18.1393.
Sec. 211. The department shall cooperate with the department
of technology, management, and budget to maintain a searchable
website accessible by the public at no cost that includes, but is
not limited to, all of the following for each department or agency:
(a) Fiscal-year-to-date expenditures by category.
(b) Fiscal-year-to-date expenditures by appropriation unit.
(c) Fiscal-year-to-date payments to a selected vendor,
including the vendor name, payment date, payment amount, and
payment description.
(d) The number of active department employees by job
classification.
(e) Job specifications and wage rates.
Sec. 212. The department and agencies receiving appropriations
in this part and part 1 shall receive and retain copies of all
reports funded from appropriations in this part and part 1. Federal
and state guidelines for short-term and long-term retention of
records shall be followed. The department may electronically retain
copies or reports unless otherwise required by federal and state
guidelines.
Sec. 213. (1) The department shall maintain, on a publicly
accessible website, a department scorecard that identifies, tracks,
and regularly updates key metrics that are used to monitor and
improve the department's performance.
(2) The department shall provide a report to the legislature
based on the annual rate filings from health insurance issuers that
includes all of the following:
(a) The number that are approved by the department.
(b) The number that are denied by the department.
(c) The percentage of rate filings processed within the
applicable statutory time frames.
(d) The average number of calendar days to process rate
filings.
(e) An estimated percentage of this state's population that is
without any form of health insurance coverage for more than 6
months in any given calendar year.
Sec. 214. Total authorized appropriations from all sources
under this part and part 1 for legacy costs for the fiscal year
ending September 30, 2017 is $10,214,700.00. From this amount,
total agency appropriations for pension-related legacy costs are
estimated at $5,663,800.00. Total agency appropriations for retiree
health care legacy costs are estimated at $4,550,900.00.
Sec. 215. The department shall not take disciplinary action
against an employee for communicating with a member of the
legislature or his or her staff.
Sec. 216. Not later than November 30, the state budget office
shall prepare and transmit a report that provides for estimates of
the total general fund/general purpose appropriation lapses at the
close of the prior fiscal year. This report must summarize the
projected year-end general fund/general purpose appropriation
lapses by major departmental program or program areas. The report
shall be transmitted to the chairpersons of the senate and house
appropriations committees and the fiscal agencies.
Sec. 217. (1) Out-of-state travel shall be limited to
situations in which 1 or more of the following conditions apply:
(a) The travel is required by legal mandate or court order or
for law enforcement purposes.
(b) The travel is necessary to protect the health or safety of
Michigan citizens or visitors or to assist other states in similar
circumstances.
(c) The travel is necessary to produce budgetary savings or to
increase state revenues, including protecting existing federal
funds or securing additional federal funds.
(d) The travel is necessary to comply with federal
requirements.
(e) The travel is necessary to secure specialized training for
staff that is not available within this state.
(f) The travel is financed entirely by federal or nonstate
funds.
(2) The department shall not approve the travel of more than 1
departmental employee to a specific professional development
conference or training seminar that is located outside of this
state unless a professional development conference or training
seminar is funded by a federal or private funding source and
requires more than 1 person from a department to attend, or the
conference or training seminar includes multiple issues in which 1
employee from the department does not have expertise.
(3) Not later than January 1, the department shall prepare a
travel report listing all travel by classified and unclassified
employees outside this state in the immediately preceding fiscal
year that was funded in whole or in part with funds appropriated in
the department's budget. The report shall be submitted to the
senate and house of representatives standing committees on
appropriations, the senate and house fiscal agencies, and the state
budget director. The report shall include the following
information:
(a) The name of each person receiving reimbursement for travel
outside this state or whose travel costs were paid by this state.
(b) The destination of each travel occurrence.
(c) The dates of each travel occurrence.
(d) A brief statement of the reason for each travel
occurrence.
(e) The transportation and related costs of each travel
occurrence, including the proportion funded with state general
fund/general purpose revenues, the proportion funded with state
restricted revenues, the proportion funded with federal revenues,
and the proportion funded with other revenues.
(f) A total of all out-of-state travel funded for the
immediately preceding fiscal year.
Sec. 219. No later than April 1, the department shall submit
to the subcommittees and the fiscal agencies a report pertaining to
the following information:
(a) The amount, in square footage, of office space paid for
with the appropriation in this part and part 1 for both state-owned
and leased office space, respectively, during the previous fiscal
year.
(b) The amount, in square footage, of office space actually
utilized by the department for both state-owned and leased office
space, respectively, during the previous fiscal year.
(c) The amount of office space the department estimates will
be utilized during the current and subsequent fiscal years.
Sec. 228. Unless prohibited by law, the department may accept
credit card or other electronic means of payment for licenses,
fees, or permits.
Sec. 232. The department shall not develop or produce any
television or radio productions.
Sec. 234. Within 14 days after the release of the executive
budget recommendation, the department shall cooperate with the
state budget office to provide the senate and house appropriations
chairs, the subcommittees chairs, and the fiscal agencies with an
annual report on estimated state restricted fund balances, state
restricted fund projected revenues, and state restricted fund
expenditures for the immediately preceding and current fiscal
years.
Sec. 245. The department, in conjunction with the department
of health and human services, shall maintain an accounting
structure within the Michigan administrative information network
that will allow expenditures associated with the administration of
the Healthy Michigan plan to be identified. By October 1, if there
are changes from the previous fiscal year, the department shall
provide the state budget office and the fiscal agencies with the
relevant accounting structure and associated business objects
script and report that group's administrative costs.
Sec. 246. The amount appropriated from the general fund in
part 1 for executive director program may only be expended to
comply with reporting requirements regarding the Healthy Michigan
plan under section 105d(9) of the social welfare act, 1939 PA 280,
MCL 400.105d.
INSURANCE AND FINANCIAL SERVICES REGULATION
Sec. 310. (1) No later than February 1, the department shall
submit a report to the subcommittees and the fiscal agencies
providing the following information:
(a) The amounts expended, by fund source, by the department to
support the economic development of the insurance or financial
industries during the preceding fiscal year.
(b) The number of full-time equated positions utilized by the
department to support the economic development of the insurance or
financial industries during the preceding fiscal year.
(c) A detailed, 2-year plan for departmental activities to
support the economic development of the insurance or financial
industries.
(2) For purposes of subsection (1), "economic development"
includes any activities to encourage, promote, or advocate for the
expansion, retention, or attraction of business or nonprofit
entities engaged in or involved with the insurance or financial
industries.
Sec. 391. In addition to the funds appropriated in part 1, the
funds collected by the department in connection with a
conservatorship under section 32 of the mortgage brokers, lenders,
and servicers licensing act, 1987 PA 173, MCL 445.1682, and funds
collected by the department from corporations being liquidated
under the insurance code of 1956, 1956 PA 218, MCL 500.100 to
500.8302, shall be appropriated for all expenses necessary to
provide for the required services. Funds are available for
expenditure when they are received by the department of treasury
and shall not lapse to the general fund at the end of the fiscal
year.
Sec. 392. The department may make available to interested
entities customized listings of nonconfidential information in its
possession. The department may establish and collect a reasonable
charge to provide this service. The revenue from this service is
appropriated when received and shall be used to offset expenses.
Any balance of this revenue collected and unexpended at the end of
the fiscal year shall lapse to the appropriate restricted fund.
AUTISM COVERAGE
Sec. 802. (1) Each fiscal year, if expenditures are made from
the autism coverage fund, created by section 7 of the autism
coverage reimbursement act, 2012 PA 101, MCL 550.1837, the
department shall produce a report that contains all of the
following information on the autism coverage reimbursement program,
established by section 5 of the autism coverage reimbursement act,
2012 PA 101, MCL 550.1835, for the fiscal year:
(a) The total number of claims for reimbursement approved and
the number approved within each county, based on the provider's
location.
(b) The total amount expended from the autism coverage fund
for reimbursements and the amount for each carrier receiving
reimbursement.
(c) For each claim included within a claim submission received
by the department, all of the following information:
(i) The date the department received the claim.
(ii) The dollar amount of the claim.
(iii) The date of birth of the patient receiving diagnosis or
treatment under the claim.
(iv) Whether the claim was under a self-insured plan.
(v) The date of the service that was the basis for the claim.
(vi) The identity of the carrier that submitted the claim.
(2) By October 31 following the end of the fiscal year, the
department shall provide the report required under subsection (1)
to the subcommittees, the fiscal agencies, and the state budget
director.
PART 2A
PROVISIONS CONCERNING ANTICIPATED APPROPRIATIONS
FOR FISCAL YEAR 2017-2018
GENERAL SECTIONS
Sec. 1201. It is the intent of the legislature to provide
appropriations for the fiscal year ending on September 30, 2018 for
the line items listed in part 1. The fiscal year 2017-2018
appropriations are anticipated to be the same as those for fiscal
year 2016-2017, except that the line items will be adjusted for
changes in caseload and related costs, federal fund match rates,
economic factors, and available revenue. These adjustments will be
determined after the January 2017 consensus revenue estimating
conference.
ARTICLE XII
JUDICIARY
PART 1
LINE-ITEM APPROPRIATIONS
Sec. 101. There is appropriated for the judiciary for the
fiscal year ending September 30, 2017, from the following funds:
JUDICIARY
APPROPRIATION SUMMARY
Full-time equated exempted positions............ 510.0
GROSS APPROPRIATION.................................... $ 297,411,400
Interdepartmental grant revenues:
IDG from department of state police.................... 1,500,000
IDG from department of corrections..................... 50,000
Total interdepartmental grants and intradepartmental
transfers............................................ 1,550,000
ADJUSTED GROSS APPROPRIATION........................... $ 295,861,400
Federal revenues:
DOJ, drug court training and evaluation................ 300,000
DOT, National Highway Traffic Safety Administration.... 2,210,700
HHS, access and visitation grant....................... 621,200
HHS, children's justice grant.......................... 233,000
HHS, court improvement project......................... 1,309,700
HHS, title IV-D child support program.................. 1,024,700
HHS, title IV-E foster care program.................... 392,500
Other federal grant revenues........................... 341,700
Total federal revenues................................. 6,433,500
Special revenue funds:
Local - user fees...................................... 7,349,300
Total local revenues................................... 7,349,300
Private................................................ 190,800
Private - interest on lawyers trust accounts........... 346,800
Private - state justice institute...................... 420,200
Total private revenues................................. 957,800
Total local and private revenues....................... 8,307,100
Community dispute resolution fund...................... 2,377,200
Court equity fund...................................... 50,440,000
Court fee fund......................................... 2,988,100
Court of appeals filing/motion fees.................... 1,641,800
Drug court fund........................................ 1,920,500
Drug fund.............................................. 250,000
Drunk driving fund..................................... 3,300,000
Judicial technology improvement fund................... 4,815,000
Juror compensation fund................................ 6,600,000
Electronic filing fee fund............................. 8,500,000
Justice system fund.................................... 575,200
Law exam fees.......................................... 649,700
Miscellaneous revenue.................................. 408,700
State court fund....................................... 8,319,800
Total other state restricted revenues.................. 92,786,000
State general fund/general purpose..................... $ 188,334,800
Sec. 102. SUPREME COURT
Full-time equated exempted positions............ 246.0
Supreme court administration--92.0 FTE positions....... $ 13,629,100
Judicial institute--13.0 FTE positions................. 1,778,000
State court administrative office--61.0 FTE positions.. 12,211,100
Judicial information systems--22.0 FTE positions....... 3,427,500
Direct trial court automation support--44.0 FTE
positions............................................ 7,349,300
Foster care review board--10.0 FTE positions........... 1,305,700
Community dispute resolution--3.0 FTE positions........ 2,377,200
Other federal grants................................... 275,100
Drug treatment courts.................................. 10,958,000
Mental health courts and diversion services--1.0 FTE
position............................................. 5,337,700
Veterans courts........................................ 500,000
Swift and sure sanctions program....................... 5,050,000
Next generation Michigan court system.................. 4,116,000
GROSS APPROPRIATION.................................... $ 68,314,700
Appropriated from:
Interdepartmental grant revenues:
IDG from department of state police.................... 1,500,000
IDG from department of corrections..................... 50,000
Federal revenues:
DOJ, drug court training and evaluation................ 300,000
DOT, National Highway Traffic Safety Administration.... 2,210,700
HHS, access and visitation grant....................... 621,200
HHS, children's justice grant.......................... 233,000
HHS, court improvement project......................... 1,309,700
HHS, title IV-D child support program.................. 1,024,700
HHS, title IV-E foster care program.................... 392,500
Other federal grant revenues........................... 275,100
Special revenue funds:
Local - user fees...................................... 7,349,300
Private................................................ 190,800
Private - interest on lawyers trust accounts........... 262,600
Private - state justice institute...................... 420,200
Community dispute resolution fund...................... 2,377,200
Court of appeals filing/motion fees.................... 1,641,800
Law exam fees.......................................... 649,700
Drug court fund........................................ 1,920,500
Miscellaneous revenue.................................. 273,300
Justice system fund.................................... 575,200
State court fund....................................... 382,800
State general fund/general purpose..................... $ 44,354,400
Sec. 103. COURT OF APPEALS
Full-time equated exempted positions............ 175.0
Court of appeals operations--175.0 FTE positions....... $ 23,102,700
GROSS APPROPRIATION.................................... $ 23,102,700
Appropriated from:
State general fund/general purpose..................... $ 23,102,700
Sec. 104. BRANCHWIDE APPROPRIATIONS
Full-time equated exempted positions.............. 4.0
Branchwide appropriations--4.0 FTE positions........... $ 8,745,300
GROSS APPROPRIATION.................................... $ 8,745,300
Appropriated from:
State general fund/general purpose..................... $ 8,745,300
Sec. 105. JUSTICES' AND JUDGES' COMPENSATION
Full-time judges positions...................... 592.0
Supreme court justices' salaries--7.0 justices......... $ 1,152,300
Court of appeals judges' salaries--26.0 judges......... 3,974,300
District court judges' state base salaries--241.0
judges............................................... 22,281,000
District court judicial salary standardization......... 11,008,100
Probate court judges' state base salaries--103.0
judges............................................... 9,627,900
Probate court judicial salary standardization.......... 4,669,600
Circuit court judges' state base salaries--215.0
judges............................................... 20,181,600
Circuit court judicial salary standardization.......... 9,796,400
Judges' retirement system defined contributions........ 4,480,900
OASI, social security.................................. 5,721,200
GROSS APPROPRIATION.................................... $ 92,893,300
Appropriated from:
Special revenue funds:
Court fee fund......................................... 2,988,100
State general fund/general purpose..................... $ 89,905,200
Sec. 106. JUDICIAL AGENCIES
Full-time equated exempted positions.............. 7.0
Judicial tenure commission--7.0 FTE positions.......... $ 1,137,600
GROSS APPROPRIATION.................................... $ 1,137,600
Appropriated from:
State general fund/general purpose..................... $ 1,137,600
Sec. 107. INDIGENT DEFENSE - CRIMINAL
Full-time equated exempted positions............. 67.0
Appellate public defender program--51.0 FTE positions.. $ 7,704,500
Michigan indigent defense commission--16.0 FTE
positions............................................ 1,845,600
GROSS APPROPRIATION.................................... $ 9,550,100
Appropriated from:
Federal revenues:
Other federal grant revenues........................... 66,600
Special revenue funds:
Private - interest on lawyers trust accounts........... 84,200
Miscellaneous revenue.................................. 135,400
State general fund/general purpose..................... $ 9,263,900
Sec. 108. INDIGENT CIVIL LEGAL ASSISTANCE
Indigent civil legal assistance........................ $ 7,937,000
GROSS APPROPRIATION.................................... $ 7,937,000
Appropriated from:
Special revenue funds:
State court fund....................................... 7,937,000
State general fund/general purpose..................... $ 0
Sec. 109. TRIAL COURT OPERATIONS
Court equity fund reimbursements....................... $ 60,815,700
Judicial technology improvement fund................... 4,815,000
Drug case-flow program................................. 250,000
Drunk driving case-flow program........................ 3,300,000
Juror compensation reimbursement....................... 6,600,000
Statewide e-file system................................ 8,500,000
GROSS APPROPRIATION.................................... $ 84,280,700
Appropriated from:
Special revenue funds:
Court equity fund...................................... 50,440,000
Judicial technology improvement fund................... 4,815,000
Drug fund.............................................. 250,000
Drunk driving fund..................................... 3,300,000
Juror compensation fund................................ 6,600,000
Electronic filing fee fund............................. 8,500,000
State general fund/general purpose..................... $ 10,375,700
Sec. 110. ONE-TIME BASIS ONLY APPROPRIATIONS
Full-time equated exempted positions............. 11.0
Medication assisted treatment pilot program............ $ 500,000
Compliance with Montgomery v Louisiana
decision--11.0 FTE positions......................... 700,000
Expansion of problem solving courts.................... 250,000
GROSS APPROPRIATION.................................... $ 1,450,000
Appropriated from:
State general fund/general purpose..................... $ 1,450,000
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
FOR FISCAL YEAR 2016-2017
GENERAL SECTIONS
Sec. 201. Pursuant to section 30 of article IX of the state
constitution of 1963, total state spending from state resources
under part 1 for fiscal year 2016-2017 is $281,120,800.00 and state
spending from state resources to be paid to local units of
government for fiscal year 2016-2017 is $138,768,300.00. The
itemized statement below identifies appropriations from which
spending to local units of government will occur:
JUDICIARY
SUPREME COURT
State court administrative office...................... $ 711,900
Drug treatment courts.................................. 11,158,000
Mental health courts and diversion services............ 5,222,800
Veterans courts........................................ 750,000
Swift and sure sanctions program....................... 4,950,000
Next generation Michigan court system.................. 4,116,000
TRIAL COURT OPERATIONS
Court equity fund reimbursements....................... $ 60,815,700
Judicial technology improvement fund................... 4,815,000
Drunk driving case-flow program........................ 3,300,000
Drug case-flow program................................. 250,000
Juror compensation reimbursement....................... 6,600,000
JUSTICES' AND JUDGES' COMPENSATION
District court judicial salary standardization......... $ 11,008,100
Probate court judges' state base salaries.............. 9,627,900
Probate court judicial salary standardization.......... 4,669,600
Circuit court judicial salary standardization.......... 9,796,400
Grant to OASI contribution fund, employers share,
social security..................................... 976,900
TOTAL.................................................. $ 138,768,300
Sec. 202. (1) The appropriations authorized under this part
and part 1 are subject to the management and budget act, 1984 PA
431, MCL 18.1101 to 18.1594.
(2) Funds appropriated in part 1 to an entity within the
judicial branch shall not be expended or transferred to another
account without written approval of the authorized agent of the
judicial entity. If the authorized agent of the judicial entity
notifies the state budget director of its approval of an
expenditure or transfer, the state budget director shall
immediately make the expenditure or transfer. The authorized
judicial entity agent shall be designated by the chief justice of
the supreme court.
Sec. 203. As used in this part and part 1:
(a) "DOJ" means the United States Department of Justice.
(b) "DOT" means the United States Department of
Transportation.
(c) "FTE" means full-time equated.
(d) "HHS" means the United States Department of Health and
Human Services.
(e) "IDG" means interdepartmental grant.
(f) "OASI" means old age survivor's insurance.
(g) "SADO" means the state appellate defender office created
under the appellate defender act, 1978 PA 620, MCL 780.711 to
780.719.
(h) "Title IV-D" means the part of the federal social security
act, 42 USC 301 to 1397mm, pertaining to the child support
enforcement program.
(i) "Title IV-E" means the part of the federal social security
act, 42 USC 301 to 1397mm, pertaining to the foster care program.
Sec. 204. The judicial branch shall not take disciplinary
action against an employee for communicating with a member of the
legislature or his or her staff.
Sec. 205. It is the intent of the legislature that judges who
are presiding over a hearing on a foster care case shall publicly
acknowledge and request the input of the foster parent or foster
parents during the hearing.
Sec. 207. If the judicial branch makes any changes to a foster
care family service plan before its finalization, it is the intent
of the legislature that the presiding judge provide an explanation
for any changes to that plan in the court record.
Sec. 208. 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. 209. (1) If funds become available in part 1 for juvenile
justice vision 20/20, the state court administrative office shall
implement the information technology services and projects
described in subsection (2).
(2) The state court administrative office shall use the funds
described in subsection (1) to implement a data exchange for use by
circuit and probate courts, private juvenile justice agencies, and
the state court administrative office under the guidance of
appropriate data sharing agreements that tracks statistical and
demographic data on juveniles referred to the family division of
the circuit court, otherwise known as the juvenile courts, after
successful implementation and evaluation of the existing pilot
database in Ottawa, Kalamazoo, Kent, Ionia, and Berrien Counties.
(3) It is the intent of the legislature that the purpose of
the project is to implement a new juvenile justice data sharing
model that will track data on juveniles referred to the courts. The
project will be accomplished by local court staff, state employees,
contracts with private vendors, and juvenile justice stakeholders.
The total estimated cost of the project is $5,550,000.00. The
tentative completion date is September 30, 2019. The data exchange
shall be compatible with the Michigan statewide automated child
welfare information system.
(4) If funding becomes available for the project, the state
court administrative office shall submit a report by March 1 to the
senate and house appropriations subcommittees on judiciary, the
senate and house fiscal agencies, the senate and house policy
offices, and the state budget office on the status of the
implementation items described in subsections (1) and (2) should
funding become available.
Sec. 211. From the funds appropriated in part 1, the state
court administrative office shall evaluate programs within the
department of health and human services and the department of
talent and economic development to establish programmatic
connections with the participants in the swift and sure sanctions
program. The purpose of this relationship is to leverage
collaborations and to determine avenues of success for offenders
who are eligible for state-provided programs. By March 1, the state
court administrative office shall deliver guidance to courts
participating in the swift and sure sanctions program under the
probation swift and sure sanctions act, chapter XIA of the code of
criminal procedure, 1927 PA 175, MCL 771A.1 to 771A.8, detailing
the evaluations and to direct participants into available
programming.
Sec. 212. The judicial branch shall receive and retain copies
of all reports funded from appropriations in part 1. Federal and
state guidelines for short-term and long-term retention of records
shall be followed. The judicial branch may electronically retain
copies of reports unless otherwise required by federal and state
guidelines.
Sec. 214. Funds appropriated in part 1 shall not be used for
the purchase of foreign goods or services, or both, if
competitively priced and of comparable quality American goods or
services, or both, are available. Preference shall be given to
goods or services, or both, manufactured or provided by Michigan
businesses, if they are competitively priced and of comparable
quality. In addition, preference shall be given to goods or
services, or both, that are manufactured or provided by Michigan
businesses owned and operated by veterans, if they are
competitively priced and of comparable quality.
Sec. 215. Not later than January 1 of each year, the state
court administrative office shall prepare a report on out-of-state
travel listing all travel by judicial branch employees outside this
state in the immediately preceding fiscal year that was funded in
whole or in part with funds appropriated in the budget for the
judicial branch. The report shall be submitted to the senate and
house appropriations committees, the senate and house fiscal
agencies, and the state budget director. The report shall include
the following information:
(a) The dates of each travel occurrence.
(b) The transportation and related costs of each travel
occurrence, including the proportion funded with state general
fund/general purpose revenues, the proportion funded with state
restricted revenues, the proportion funded with federal revenues,
and the proportion funded with other revenues.
Sec. 219. Not later than November 30, the state budget office
shall prepare and transmit a report that provides for estimates of
the total general fund/general purpose appropriation lapses at the
close of the prior fiscal year. This report shall summarize the
projected year-end general fund/general purpose appropriation
lapses by major program or program areas. The report shall be
transmitted to the chairpersons of the senate and house
appropriations committees and the senate and house fiscal agencies.
Sec. 221. The department shall cooperate with the department
of technology, management, and budget to maintain a searchable
website accessible by the public at no cost that includes, but is
not limited to, all of the following for each department or agency:
(a) Fiscal year-to-date expenditures by category.
(b) Fiscal year-to-date expenditures by appropriation unit.
(c) Fiscal year-to-date payments to a selected vendor,
including the vendor name, payment date, payment amount, and
payment description.
(d) The number of active department employees by job
classification.
(e) Job specifications and wage rates.
Sec. 222. Within 14 days after the release of the executive
budget recommendation, the judicial branch shall cooperate with the
state budget office to provide the senate and house appropriations
chairs, the senate and house appropriations subcommittees chairs,
and the senate and house fiscal agencies with an annual report on
estimated state restricted fund balances, state restricted fund
projected revenues, and state restricted fund expenditures for the
fiscal years ending September 30, 2016 and September 30, 2017.
Sec. 223. The judiciary shall maintain, on a publicly
accessible website, a scorecard that identifies, tracks, and
regularly updates key metrics that are used to monitor and improve
the judiciary's performance.
Sec. 224. Total authorized appropriations from all sources
under part 1 for legacy costs for the fiscal year ending September
30, 2017 are $14,104,600.00. From this amount, total judiciary
appropriations for pension-related legacy costs are estimated at
$7,820,600.00. Total appropriations for judiciary retiree health
care legacy costs are estimated at $6,284,000.00.
Sec. 225. In addition to the metrics required under section
447 of the management and budget act, 1984 PA 431, MCL 18.1447, for
each new program or program enhancement for which funds in excess
of $500,000.00 are appropriated in part 1, the judiciary shall
provide not later than November 1 a list of program-specific
metrics intended to measure its performance based on a return on
taxpayer investment. The judiciary shall deliver the program-
specific metrics to members of the senate and house subcommittees
that have subject matter jurisdiction for this budget, to the
senate and house fiscal agencies, and to the state budget director.
The judiciary shall provide an update on its progress in tracking
program-specific metrics and the status of program success at an
appropriations subcommittee meeting called for by the subcommittee
chair.
JUDICIAL BRANCH
Sec. 301. From the funds appropriated in part 1, the direct
trial court automation support program of the state court
administrative office shall recover direct and overhead costs from
trial courts by charging for services rendered. The fee shall cover
the actual costs incurred to the direct trial court automation
support program in providing the service, including development of
future versions of case management systems.
Sec. 302. Funds appropriated within the judicial branch shall
not be expended by any component within the judicial branch without
the approval of the supreme court.
Sec. 303. Of the amount appropriated in part 1 for the
judicial branch, $711,900.00 is allocated for circuit court
reimbursement under section 3 of 1978 PA 16, MCL 800.453, and for
costs associated with the court of claims.
Sec. 306. By February 1, the state court administrative office
shall produce a statistical report, categorized by county,
regarding both the collected and uncollected amounts of restitution
payments, court fees, and any other applicable judgment placed upon
any person within the county reported for the year 2015.
Sec. 307. From the funds appropriated in part 1 for mental
health courts and diversion services, $1,730,000.00 is intended to
address the recommendations of the mental health diversion council.
Sec. 308. If sufficient funds are not available from the court
fee fund to pay judges' compensation, the difference between the
appropriated amount from that fund for judges' compensation and the
actual amount available after the amount appropriated for trial
court reimbursement is made shall be appropriated from the state
general fund for judges' compensation. If an appropriation is made
under this section, the state court administrative office shall
notify, within 14 days of the appropriation, the senate and house
standing committees on appropriations, the senate and house
subcommittees on judiciary, the senate and house fiscal agencies,
and the state budget office.
Sec. 309. By April 1, the state court administrative office
shall provide a report on drug treatment, mental health, and
veterans court programs in this state. The report shall include
information on the number of each type of program that has been
established, the number of program participants in each
jurisdiction, and the impact of the programs on offender criminal
involvement and recidivism. The report shall be submitted to the
senate and house appropriations subcommittees on judiciary, the
senate and house fiscal agencies, and the state budget director.
Sec. 311. (1) The funds appropriated in part 1 for drug
treatment courts as that term is defined in section 1060 of the
revised judicature act of 1961, 1961 PA 236, MCL 600.1060, shall be
administered by the state court administrative office to operate
drug treatment court programs. A drug treatment court shall be
responsible for handling cases involving substance abusing
nonviolent offenders through comprehensive supervision, testing,
treatment services, and immediate sanctions and incentives. A drug
treatment court shall use all available county and state personnel
involved in the disposition of cases including, but not limited to,
parole and probation agents, prosecuting attorneys, defense
attorneys, and community corrections providers. The funds may be
used in connection with other federal, state, and local funding
sources.
(2) From the funds appropriated in part 1, the chief justice
shall allocate sufficient funds for the Michigan judicial institute
to provide in-state training for those identified in subsection
(1), including training for new drug treatment court judges.
(3) For drug treatment court grants, consideration for
priority may be given to those courts where higher instances of
substance abuse cases are filed.
(4) The judiciary shall receive $1,500,000.00 in Byrne formula
grant funding as an interdepartmental grant from the department of
state police to be used for expansion of drug treatment courts, to
assist in avoiding prison bed space growth for nonviolent offenders
in collaboration with the department of corrections.
Sec. 312. From the funds appropriated in part 1, the state
court administrator shall produce a statistical report regarding
the implementation of the parental rights restoration act, 1990 PA
211, MCL 722.901 to 722.908, as it pertains to minors seeking a
court-issued waiver of parental consent. The state court
administrative office shall report the total number of petitions
filed and the total number of petitions granted under that act.
Sec. 317. Funds appropriated in part 1 shall not be used for
the permanent assignment of state-owned vehicles to justices or
judges or any other judicial branch employee. This section does not
preclude the use of state-owned motor pool vehicles for state
business in accordance with approved guidelines.
Sec. 320. (1) From the funds appropriated in part 1 for the
swift and sure sanctions program, created under section 3 of
chapter XIA of the code of criminal procedure, 1927 PA 175, MCL
771A.3, the state court administrative office shall administer a
program to distribute grants to qualifying courts in accordance
with the objectives and requirements of the probation swift and
sure sanctions act, chapter XIA of the code of criminal procedure,
1927 PA 175, MCL 771A.1 to 771A.8. Of the $5,050,000.00 designated
for the program, not more than $100,000.00 shall be available to
the state court administrative office to pay for employee costs
associated with the administration of the program funds. For any
county with more than 325 individuals sentenced to prison in the
previous calendar year, the supreme court may appoint not more than
1 judge per county and not more than a total of 5 judges to oversee
specialty courts for participants in the swift and sure sanctions
program. If a judge is appointed under this section, the county may
apply for reimbursement of not more than $160,000.00 for the costs
of either that judge or support staff to that judge. Of the funds
designated for the program, $800,000.00 is reserved for these
reimbursements. Subject to annual appropriation, if a county that
is approved for reimbursement has fewer than 325 individuals
sentenced to prison in a future year, the county will continue to
receive reimbursements. 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 shall
provide a report on the courts that receive funding under the swift
and sure sanctions program described in subsection (1) to the
senate and house appropriations subcommittees on judiciary, the
senate and house fiscal agencies, and the state budget director.
The report shall include all of the following:
(a) The number of offenders who participate in the program.
(b) The criminal history of offenders who participate in the
program.
(c) The recidivism rate of offenders who participate in the
program, including the rate of return to jail, prison, or both.
(d) A detailed description of the establishment and parameters
of the program.
(3) As used in this section, "program" means a swift and sure
sanctions program described in subsection (1).
Sec. 321. It is the intent of the legislature that the
judicial branch support a statewide legal self-help Internet
website and local nonprofit self-help centers that use the
statewide website to provide assistance to individuals representing
themselves in civil legal proceedings. The state court
administrative office shall summarize the costs of maintaining the
website, provide statistics on the number of people visiting the
website, and provide information on content usage, form completion,
and user feedback. By March 1, the state court administrative
office shall report this information for the preceding fiscal year
to the senate and house appropriations subcommittees on judiciary,
the senate and house fiscal agencies, and the state budget
director.
Sec. 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. 322a. 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. 323. The state court administrative office shall provide
courts with a quarterly listing of out-of-state placements of
juveniles by each court. The state court administrative office
shall also provide each judge who hears juvenile matters with the
annual listing of per diem costs of the public and private
residential care facilities located or doing business in this
state, and the recidivism data for each facility, if available, as
provided by the department of health and human services. The courts
shall acknowledge receipt of this information.
Sec. 324. (1) From the increased funds appropriated in part 1
for the Michigan indigent defense commission, the commission shall
increase the total number of staff and begin bringing the Michigan
criminal defense system into compliance with the right to counsel
requirements of amendment VI of the constitution of the United
States and section 20 of article I of the state constitution of
1963. The purpose of this program expansion is to implement minimum
standards, rules, and procedures to guarantee the right of indigent
defendants to the assistance of proficient counsel, collect
comprehensive data from all indigent defense systems and attorneys
providing indigent defense, and monitor and audit county compliance
plans.
(2) The commission shall identify specific outcomes and
performance measures for this initiative based on the minimum
standards approved by the supreme court, including, but not limited
to, the following:
(a) Monitoring the success of approved minimum standards,
including increased training and education of trial-level defense
attorneys, prompt meetings between attorneys and clients, increased
access to and use of experts and investigators, and increased use
of counsel at first appearance.
(b) The commission shall collect data on the standards
approved by the supreme court and shall work to identify metrics
associated with the improved standards.
(c) Monitoring the number of first-time offenders sentenced to
serve prison time within the department of corrections to determine
if there is a measurable decline as a result of the standards
approved by the supreme court, including training and education
requirements, required meetings between client and counsel,
increased use of experts and investigators, and the provision of
attorneys at first appearance.
ONE-TIME APPROPRIATIONS
Sec. 401. (1) The state appellate defender office attorneys
and support staff shall increase by 11 FTE positions to ensure
Michigan compliance with Montgomery v Louisiana, 577 US _____
(2016). The purpose of the program expansion is to ensure
competent, resourced, and supervised counsel in cases involving the
resentencing of juvenile lifers. The representation by SADO counsel
will create opportunities for release, saving prison costs for the
state.
PART 2A
PROVISIONS CONCERNING ANTICIPATED APPROPRIATIONS
FOR FISCAL YEAR 2017-2018
Senate Bill No. 800 as amended May 4, 2016
GENERAL SECTIONS
Sec. 1201. It is the intent of the legislature to provide
appropriations for the fiscal year ending on September 30, 2018 for
the line items listed in part 1. The fiscal year 2017-2018
appropriations are anticipated to be the same as those for fiscal
year 2016-2017, except that the line items will be adjusted for
changes in caseload and related costs, federal fund match rates,
economic factors, and available revenue. These adjustments will be
determined after the January 2017 consensus revenue estimating
conference.
ARTICLE XIII
DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS
PART 1
LINE-ITEM APPROPRIATIONS
Sec. 101. The amounts listed in this part are appropriated for
the department of licensing and regulatory affairs, subject to the
conditions set forth in part 2, for the fiscal year ending
September 30, 2017, from the funds identified in this part. The
following is a summary of the appropriations in this part:
DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS
APPROPRIATION SUMMARY
Full-time equated unclassified positions......... 57.5
Full-time equated classified positions........ 2,172.3
GROSS APPROPRIATION.................................... $ <<419,583,200>>
Interdepartmental grant revenues:
Senate Bill No. 800 as amended May 4, 2016
Total interdepartmental grants and intradepartmental
transfers............................................ 46,923,800
ADJUSTED GROSS APPROPRIATION........................... $ <<372,659,400>>
Federal revenues:
Total federal revenues................................. 63,818,100
Special revenue funds:
Total local revenues................................... 251,600
Total private revenues................................. 314,100
Total other state restricted revenues.................. <<262,462,400>>
State general fund/general purpose..................... $ 45,813,200
State general fund/general purpose schedule:
Ongoing state general fund/general
purpose................................... 43,343,200
One-time state general fund/general
purpose.................................... 2,470,000
Sec. 102. DEPARTMENTAL ADMINISTRATION
Full-time equated unclassified positions......... 57.5
Full-time equated classified positions.......... 115.0
Unclassified salaries--57.5 FTE positions.............. $ 4,861,800
Executive director programs--24.0 FTE positions........ 3,239,700
Financial and administrative services--74.0 FTE
positions............................................ 7,918,400
Office of regulatory reinvention--4.0 FTE positions.... 495,500
Office of reinventing performance in Michigan--6.0
FTE positions........................................ 715,900
Office for new Americans--4.0 FTE positions............ 465,600
FOIA coordination--2.0 FTE positions................... 308,200
Local community stabilization authority--1.0 FTE
position............................................. 151,600
Property management.................................... 11,852,400
Information technology services and projects........... 21,424,300
Worker's compensation.................................. 465,300
GROSS APPROPRIATION.................................... $ 51,898,700
Appropriated from:
Interdepartmental grant revenues:
IDG-DIFS, accounting services.......................... 150,000
IDG-TED, unemployment hearings......................... 568,900
Federal revenues:
DED-vocational rehabilitation and independent living... 2,121,500
DOE-heating oil and propane............................ 25,000
DOL-occupational safety and health..................... 1,001,100
EPA-underground storage tanks.......................... 128,800
HHS-Medicaid, certification of health care providers
and suppliers........................................ 724,600
HHS-Medicare, certification of health care providers
and suppliers........................................ 1,190,400
Special revenue funds:
Local stabilization authority contract................. 151,600
Aboveground storage tank fees.......................... 146,500
Accountancy enforcement fund........................... 67,100
Asbestos abatement fund................................ 182,400
Boiler inspection fund................................. 643,400
Builder enforcement fund............................... 99,500
Construction code fund................................. 1,676,600
Corporation fees....................................... 8,713,000
Elevator fees.......................................... 697,400
Fire alarm fees........................................ 5,400
Fire safety standard and enforcement fund.............. 1,100
Fire service fees...................................... 778,300
Fireworks safety fund.................................. 94,100
Health professions regulatory fund..................... 2,736,000
Health systems fees.................................... 454,700
Licensing and regulation fund.......................... 3,122,900
Liquor license revenue................................. 300,000
Liquor purchase revolving fund......................... 7,187,800
Michigan medical marihuana fund........................ 934,500
Michigan unarmed combat fund........................... 12,700
Mobile home code fund.................................. 616,100
Nurse professional fund................................ 37,700
PMECSEMA fund.......................................... 221,600
Private occupational school license fees............... 165,700
Property development fees.............................. 6,100
Public utility assessments............................. 4,088,100
Radiological health fees............................... 304,200
Real estate appraiser education fund................... 6,300
Real estate education fund............................. 15,200
Real estate enforcement fund........................... 10,100
Restructuring mechanism assessments.................... 51,000
Retired engineers technical assistance program fund.... 7,000
Safety education and training fund..................... 1,442,300
Second injury fund..................................... 407,300
Securities fees........................................ 4,723,700
Securities investor education and training fund........ 14,500
Security business fund................................. 3,200
Self-insurers security fund............................ 263,500
Silicosis and dust disease fund........................ 182,200
Survey and remonumentation fund........................ 142,200
Tax tribunal fund...................................... 1,656,900
Underground storage tank fees.......................... 356,600
Utility consumer representation fund................... 54,000
Worker's compensation administrative revolving fund.... 101,900
State general fund/general purpose..................... $ 3,106,000
Sec. 103. ENERGY AND UTILITY PROGRAMS
Full-time equated classified positions.......... 183.0
Michigan agency for energy--52.0 FTE positions......... $ 12,281,600
Public service commission--131.0 FTE positions......... 22,058,600
GROSS APPROPRIATION.................................... $ 34,340,200
Appropriated from:
Federal revenues:
DOE-heating oil and propane............................ 3,775,000
DOT-gas pipeline safety................................ 1,445,500
EPA-pollution prevention............................... 84,000
Special revenue funds:
Public utility assessments............................. 27,202,300
Restructuring mechanism assessments.................... 607,200
Retired engineers technical assistance program fund.... 669,600
State general fund/general purpose..................... $ 556,600
Sec. 104. LIQUOR CONTROL COMMISSION
Full-time equated classified positions.......... 143.0
Management support services--28.0 FTE positions........ $ 4,419,800
Liquor licensing and enforcement--115.0 FTE positions.. 15,320,100
GROSS APPROPRIATION.................................... $ 19,739,900
Appropriated from:
Special revenue funds:
Direct shipper enforcement revolving fund.............. 126,800
Liquor license fee enhancement fund.................... 76,400
Liquor license revenue................................. 7,416,100
Liquor purchase revolving fund......................... 12,120,600
State general fund/general purpose..................... $ 0
Sec. 105. OCCUPATIONAL REGULATION
Full-time equated classified positions........ 1,033.9
Bureau of fire services--80.0 FTE positions............ $ 11,143,500
Bureau of construction codes--176.0 FTE positions...... 22,081,800
Corporations, securities, and commercial licensing
bureau--118.0 FTE positions.......................... 15,528,300
Bureau of community and health systems--429.9 FTE
positions............................................ 61,112,000
Medical marihuana program--20.0 FTE positions.......... 4,253,300
Bureau of professional licensing--210.0 FTE positions.. 40,182,300
GROSS APPROPRIATION.................................... $ 154,301,200
Appropriated from:
Interdepartmental grant revenues:
IDG-MDE, child care licensing.......................... 16,626,500
Federal revenues:
DHS-fire training systems.............................. 28,000
DOT-hazardous materials training and planning.......... 60,000
EPA-underground storage tanks.......................... 800,000
HHS-Medicaid, certification of health care providers
and suppliers........................................ 9,191,700
HHS-Medicare, certification of health care providers
and suppliers........................................ 12,352,500
Special revenue funds:
Private - civil monetary penalties..................... 202,300
Aboveground storage tank fees.......................... 455,900
Accountancy enforcement fund........................... 408,300
Boiler inspection fund................................. 3,819,200
Builder enforcement fund............................... 484,300
Construction code fund................................. 7,743,900
Corporation fees....................................... 7,014,000
Distance education fund................................ 300,000
Elevator fees.......................................... 4,858,300
Fire alarm fees........................................ 125,400
Fire safety standard and enforcement fund.............. 40,000
Fire service fees...................................... 2,500,200
Fireworks safety fund.................................. 696,200
Health professions regulatory fund..................... 23,805,900
Health systems fees.................................... 3,702,100
Licensing and regulation fund.......................... 11,540,800
Liquor purchase revolving fund......................... 143,200
Michigan medical marihuana fund........................ 4,253,300
Michigan unarmed combat fund........................... 145,000
Mobile home code fund.................................. 3,017,100
Nurse professional fund................................ 1,963,800
PMECSEMA fund.......................................... 1,847,700
Private occupational school license fees............... 706,300
Property development fees.............................. 318,100
Real estate appraiser education fund................... 64,000
Real estate education fund............................. 343,900
Real estate enforcement fund........................... 704,400
Securities fees........................................ 4,982,800
Securities investor education and training fund........ 501,200
Security business fund................................. 340,100
Survey and remonumentation fund........................ 850,100
Underground storage tank fees.......................... 2,561,100
State general fund/general purpose..................... $ 24,803,600
Sec. 106. EMPLOYMENT SERVICES
Full-time equated classified positions.......... 464.4
Workers' compensation agency--56.0 FTE positions....... $ 7,832,200
First responder presumed coverage fund................. 3,000,000
Insurance funds administration--23.0 FTE positions..... 5,240,200
Compensation supplement fund........................... 1,820,000
Bureau of services for blind persons--113.0 FTE
positions............................................ 24,639,400
Bureau of employment relations--22.0 FTE positions..... 4,198,900
Michigan occupational safety and health
administration--197.0 FTE positions.................. 29,052,100
Radiation safety section--21.4 FTE positions........... 3,231,800
Wage and hour program--32.0 FTE positions.............. 3,728,100
GROSS APPROPRIATION.................................... $ 82,742,700
Appropriated from:
Federal revenues:
DED-vocational rehabilitation and independent living... 18,437,600
DOL-occupational safety and health..................... 11,785,200
HHS-mammography quality standards...................... 513,300
Special revenue funds:
Local revenues......................................... 100,000
Private revenues....................................... 111,800
Asbestos abatement fund................................ 1,027,500
Corporation fees....................................... 9,432,400
Michigan business enterprise program fund.............. 400,000
Radiological health fees............................... 2,718,500
Safety education and training fund..................... 9,728,600
Second injury fund..................................... 2,589,400
Securities fees........................................ 8,634,900
Self-insurers security fund............................ 1,562,500
Silicosis and dust disease fund........................ 1,088,300
Worker's compensation administrative revolving fund.... 1,652,900
State general fund/general purpose..................... $ 12,959,800
Sec. 107. MICHIGAN ADMINISTRATIVE HEARING SYSTEM
Full-time equated classified positions.......... 233.0
Michigan administrative hearing system--215.0 FTE
positions............................................ $ 37,948,700
Michigan compensation appellate commission--18.0 FTE
positions............................................ 4,606,100
GROSS APPROPRIATION.................................... $ 42,554,800
Appropriated from:
Senate Bill No. 800 as amended May 4, 2016
Interdepartmental grant revenues:
IDG revenues - administrative hearings and rules....... 29,578,400
Federal revenues:
Federal revenues - administrative hearings and rules... 153,900
Special revenue funds:
Corporation fees....................................... 202,700
State restricted revenue - administrative hearings
and rules............................................ 11,793,400
Worker's compensation administrative revolving fund.... 134,900
State general fund/general purpose..................... $ 691,500
Sec. 108. DEPARTMENT GRANTS
Fire protection grants................................. $ 9,273,900
Firefighter training grants............................ <<2,000,000>>
Liquor law enforcement grants.......................... 7,200,000
Medical marihuana operation and oversight grants....... 3,000,000
Remonumentation grants................................. 7,300,000
Subregional libraries state aid........................ 451,800
Utility consumer representation fund................... 750,000
GROSS APPROPRIATION.................................... $ <<29,975,700>>
Appropriated from:
Special revenue funds:
Fire protection fund................................... 8,500,000
Fireworks safety fund.................................. <<2,000,000>>
Liquor license revenue................................. 7,200,000
Michigan medical marihuana fund........................ 3,000,000
Survey and remonumentation fund........................ 7,300,000
Utility consumer representation fund................... 750,000
Senate Bill No. 800 as amended May 4, 2016
State general fund/general purpose..................... $ 1,225,700
Sec. 109. ONE-TIME BASIS ONLY
Michigan automated prescription system upgrades........ $ 2,470,000
Michigan liquor control commission IT upgrades......... 1,560,000
GROSS APPROPRIATION.................................... $ 4,030,000
Appropriated from:
Special revenue funds:
Liquor purchase revolving fund......................... 1,560,000
State general fund/general purpose..................... $ 2,470,000
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
FOR FISCAL YEAR 2016-2017
GENERAL SECTIONS
Sec. 201. Pursuant to section 30 of article IX of the state
constitution of 1963, total state spending from state resources
under part 1 for fiscal year 2016-2017 is <<$308,275,600.00>> and state
spending from state resources to be paid to local units of
government for fiscal year 2016-2017 is <<$29,225,700.00>>. The
itemized statement below identifies appropriations from which
spending to local units of government will occur:
DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS
Fire protection grants................................. $ 9,273,900
Firefighter training grants............................ <<2,000,000>>
Liquor law enforcement grants.......................... 7,200,000
Medical marihuana operation and oversight grants....... 3,000,000
Senate Bill No. 800 as amended May 4, 2016
Remonumentation grants................................. 7,300,000
Subregional libraries state aid........................ 451,800
Total department of licensing and regulatory
affairs.............................................. $ <<29,225,700>>
Sec. 202. The appropriations authorized under this part and
part 1 are subject to the management and budget act, 1984 PA 431,
MCL 18.1101 to 18.1594.
Sec. 203. As used in this part and part 1:
(a) "DED" means the United States Department of Education.
(b) "Department" means the department of licensing and
regulatory affairs.
(c) "DHHS" means the Michigan department of health and human
services.
(d) "DHS" means the United States Department of Homeland
Security.
(e) "DIFS" means the department of insurance and financial
services.
(f) "Director" means the director of the department.
(g) "DOE" means the United States Department of Energy.
(h) "DOL" means the United States Department of Labor.
(i) "DOT" means the United States Department of
Transportation.
(j) "EPA" means the United States Environmental Protection
Agency.
(k) "Fiscal agencies" means Michigan house fiscal agency and
Michigan senate fiscal agency.
(l) "FOIA" means the freedom of information act, 1976 PA 442,
MCL 15.231 to 15.246.
(m) "FTE" means full-time equated.
(n) "HHS" means the United States Department of Health and
Human Services.
(o) "IDG" means interdepartmental grant.
(p) "MDE" means the Michigan department of education.
(q) "PMECSEMA" means pain management education and controlled
substances electronic monitoring and antidiversion.
(r) "Subcommittees" means all members of the subcommittees of
the house and senate appropriations committees with jurisdiction
over the budget for the department.
(s) "TED" means the Michigan department of talent and economic
development.
Sec. 204. The departments and agencies receiving
appropriations in part 1 shall use the Internet to fulfill the
reporting requirements of this part. This requirement may include
transmission of reports via electronic mail to the recipients
identified for each reporting requirement, or it may include
placement of reports on an Internet or Intranet site.
Sec. 205. Funds appropriated in part 1 shall not be used for
the purchase of foreign goods or services, or both, if
competitively priced and of comparable quality American goods or
services, or both, are available. Preference shall be given to
goods or services, or both, manufactured or provided by Michigan
businesses, if they are competitively priced and of comparable
quality. In addition, preference shall be given to goods or
services, or both, that are manufactured or provided by Michigan
businesses owned and operated by veterans, if they are
competitively priced and of comparable quality.
Sec. 206. The director shall take all reasonable steps to
ensure businesses in deprived and depressed communities compete for
and perform contracts to provide services or supplies, or both. The
director shall strongly encourage firms with which the department
contracts to subcontract with certified businesses in depressed and
deprived communities for services, supplies, or both.
Sec. 207. (1) Out-of-state travel shall be limited to
situations in which 1 or more of the following conditions apply:
(a) The travel is required by legal mandate or court order or
for law enforcement purposes.
(b) The travel is necessary to protect the health or safety of
Michigan citizens or visitors or to assist other states in similar
circumstances.
(c) The travel is necessary to produce budgetary savings or to
increase state revenues, including protecting existing federal
funds or securing additional federal funds.
(d) The travel is necessary to comply with federal
requirements.
(e) The travel is necessary to secure specialized training for
staff that is not available within this state.
(f) The travel is financed entirely by federal or nonstate
funds.
(2) The department shall not approve the travel of more than 1
departmental employee to a specific professional development
conference or training seminar that is located outside of this
state unless a professional development conference or training
seminar is funded by a federal or private funding source and
requires more than 1 person from a department to attend, or the
conference or training seminar includes multiple issues in which 1
employee from the department does not have expertise.
(3) Not later than January 1, each department shall prepare a
travel report listing all travel by classified and unclassified
employees outside this state in the immediately preceding fiscal
year that was funded in whole or in part with funds appropriated in
the department's budget. The report shall be submitted to the house
and senate appropriations committees, the fiscal agencies, and the
state budget director. The report shall include all of the
following information:
(a) The name of each person receiving reimbursement for travel
outside this state or whose travel costs were paid by this state.
(b) The destination of each travel occurrence.
(c) The dates of each travel occurrence.
(d) A brief statement of the reason for each travel
occurrence.
(e) The transportation and related costs of each travel
occurrence, including the proportion funded with state general
fund/general purpose revenues, the proportion funded with state
restricted revenues, the proportion funded with federal revenues,
and the proportion funded with other revenues.
(f) A total of all out-of-state travel funded for the
immediately preceding fiscal year.
Sec. 208. Funds appropriated in this part and part 1 shall not
be used by a principal executive department, state agency, or
authority to hire a person to provide legal services that are the
responsibility of the attorney general. This prohibition does not
apply to legal services for bonding activities and for those
outside services that the attorney general authorizes.
Sec. 209. Not later than November 30, the state budget office
shall prepare and transmit a report that provides for estimates of
the total general fund/general purpose appropriation lapses at the
close of the prior fiscal year. This report 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 fiscal agencies.
Sec. 210. (1) In addition to the funds appropriated in part 1,
there is appropriated an amount not to exceed $19,000,000.00 for
federal contingency funds.
(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.
(3) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $7,800,000.00 for local
contingency funds.
(4) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $400,000.00 for private
contingency funds.
(5) Funds appropriated pursuant to this section are not
available for expenditure until they have been transferred to
another line item in part 1 under section 393(2) of the management
and budget act, 1984 PA 431, MCL 18.1393.
Sec. 211. The department shall cooperate with the department
of technology, management, and budget to maintain a searchable
website accessible by the public at no cost that includes, but is
not limited to, all of the following for each department or agency:
(a) Fiscal year-to-date expenditures by category.
(b) Fiscal year-to-date expenditures by appropriation unit.
(c) Fiscal year-to-date payments to a selected vendor,
including the vendor name, payment date, payment amount, and
payment description.
(d) The number of active department employees by job
classification.
(e) Job specifications and wage rates.
Sec. 212. Within 14 days after the release of the executive
budget recommendation, the department shall cooperate with the
state budget office to provide the senate and house appropriations
chairs, the senate and house appropriations subcommittees chairs,
and the senate and house fiscal agencies with an annual report on
estimated state restricted fund balances, state restricted fund
projected revenues, and state restricted fund expenditures for the
preceding and current fiscal years.
Sec. 213. The department shall maintain, on a publicly
accessible website, a department scorecard that identifies, tracks,
and regularly updates key metrics that are used to monitor and
improve the department's performance.
Sec. 214. Total authorized appropriations from all sources
under part 1 for legacy costs for the fiscal year ending September
30, 2017 are $53,627,900.00. From this amount, total agency
appropriations for pension-related legacy costs are estimated at
$29,735,200.00. Total agency appropriations for retiree health care
legacy costs are estimated at $23,892,700.00.
Sec. 215. In addition to the metrics required under section
447 of the management and budget act, 1984 PA 431, MCL 18.1447, for
each new program or program enhancement for which funds in excess
of $500,000.00 are appropriated in part 1, the department shall
provide, not later than November 1, a list of program-specific
metrics intended to measure its performance based on a return on
taxpayer investment. The department shall deliver the program-
specific metrics to members of the senate and house subcommittees
that have subject matter jurisdiction for this budget, fiscal
agencies, and the state budget director. The department shall
provide an update on its progress in tracking program-specific
metrics and the status of program success at an appropriations
subcommittee meeting called for by the subcommittee chairperson.
Sec. 216. The department and agencies receiving appropriations
in part 1 shall receive and retain copies of all reports funded
from appropriations in part 1. Federal and state guidelines for
short-term and long-term retention of records shall be followed.
The department may electronically retain copies or reports unless
otherwise required by federal and state guidelines.
Sec. 217. The department shall not take disciplinary action
against an employee for communicating with a member of the
legislature or his or her staff.
Sec. 219. No later than April 1, the department shall submit
to the subcommittees and the fiscal agencies a report pertaining to
the following information:
(a) The amount, in square footage, of office space paid for
with the appropriation in part 1 for both state-owned and leased
office space, respectively, during the previous fiscal year.
(b) The amount, in square footage, of office space actually
utilized by the department for both state-owned and leased office
space, respectively, during the previous fiscal year.
(c) The amount of office space the department estimates will
be utilized during the current and subsequent fiscal years.
Sec. 220. The department may carry into the succeeding fiscal
year unexpended federal pass-through funds to local institutions
and governments that do not require additional state matching
funds. Federal pass-through funds to local institutions and
governments that are received in amounts in addition to those
included in part 1 and that do not require additional state
matching funds are appropriated for the purposes intended. Within
14 days after the receipt of federal pass-through funds, the
department shall notify the house and senate chairpersons of the
subcommittees, the fiscal agencies, and the state budget director
of pass-through funds appropriated under this section.
Sec. 225. (1) Grants supported with private revenues received
by the department are appropriated upon receipt and are available
for expenditure by the department, subject to subsection (3), for
purposes specified within the grant agreement and as permitted
under state and federal law.
(2) Within 10 days after the receipt of a private grant
appropriated in subsection (1), the department shall notify the
house and senate chairpersons of the subcommittees, the fiscal
agencies, and the state budget director of the receipt of the
grant, including the fund source, purpose, and amount of the grant.
(3) The amount appropriated under subsection (1) shall not
exceed $1,500,000.00.
Sec. 227. (1) The department shall sell documents at a price
not to exceed the cost of production and distribution. Money
received from the sale of these documents shall revert to the
department. In addition to the funds appropriated in part 1, these
funds are available for expenditure when they are received by the
department of treasury. This subsection applies only for the
following documents:
(a) Corporation and securities division documents, reports,
and papers required or permitted by law pursuant to section 1060(5)
of the business corporation act, 1972 PA 284, MCL 450.2060.
(b) The Michigan liquor control code of 1998, 1998 PA 58, MCL
436.1101 to 436.2303.
(c) The mobile home commission act, 1987 PA 96, MCL 125.2301
to 125.2350; the business corporation act, 1972 PA 284, MCL
450.1101 to 450.2098; the nonprofit corporation act, 1982 PA 162,
MCL 450.2101 to 450.3192; and the uniform securities act (2002),
2008 PA 551, MCL 451.2101 to 451.2703.
(d) Worker's compensation health care services rules.
(e) Construction code manuals.
(f) Copies of transcripts from administrative law hearings.
(2) In addition to the funds appropriated in part 1, funds
appropriated for the department under sections 55, 57, 58, and 59
of the administrative procedures act of 1969, 1969 PA 306, MCL
24.255, 24.257, 24.258, and 24.259, and section 203 of the
legislative council act, 1986 PA 268, MCL 4.1203, are appropriated
for all expenses necessary to provide for the cost of publication
and distribution.
(3) Unexpended funds at the end of the fiscal year shall carry
forward to the subsequent fiscal year and not lapse to the general
fund.
Sec. 228. Unless prohibited by law, the department may accept
credit card or other electronic means of payment for licenses,
fees, or permits.
Sec. 232. The department shall not develop or produce any
television or radio productions.
Sec. 241. (1) The department may charge registration fees to
attendees of informational, training, or special events sponsored
by the department.
(2) These fees shall reflect the costs for the department to
sponsor the informational, training, or special events.
(3) Revenue generated by the registration fees is appropriated
upon receipt and available for expenditure to cover the
department's costs of sponsoring informational, training, or
special events.
(4) Revenue generated by registration fees in excess of the
department's costs of sponsoring informational, training, or
special events shall carry forward to the subsequent fiscal year
and not lapse to the general fund.
(5) The amount appropriated under subsection (3) shall not
exceed $500,000.00.
Sec. 242. 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 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 revert to the appropriate
restricted fund.
Sec. 245. The department, in conjunction with the department
of health and human services, shall maintain an accounting
structure within the Michigan administrative information network
that will allow expenditures associated with the administration of
the Healthy Michigan plan to be identified. By October 1, if there
are changes from the prior fiscal year, the department shall
provide the state budget office and the fiscal agencies with the
relevant accounting structure and associated business objects
script and report that group's administrative costs.
Sec. 248. (1) No later than March 1, the department shall
submit a report to the subcommittees and fiscal agencies pertaining
to licensing and regulatory programs during the previous fiscal
year for the following agencies:
(a) Public service commission.
(b) Liquor control commission.
(c) Bureau of construction codes.
(d) Corporations, securities, and commercial licensing bureau.
(e) Bureau of health care services.
(f) Michigan occupational safety and health administration.
(2) The report shall be in a format that is consistent between
the agencies listed in subsection (1) and shall provide, but is not
limited to, the following information for each agency in subsection
(1):
(a) Revenue generated by and expenditures disbursed for each
regulatory product.
(b) Number of applications, both initial and renewal, for each
regulatory product.
(c) Number of applications, both initial and renewal, approved
for each regulatory product.
(d) Number of applications, both initial and renewal, denied
for each regulatory product.
(e) Average amount of time, both tolled and untolled, to
approve or deny applications, both initial and renewal, for each
regulatory product.
(f) Number of examinations proctored for initial applications
for each regulatory product, if applicable.
(g) Number of complaints received pertaining to each regulated
activity.
(h) Number of investigations opened pertaining to each
regulated activity.
(i) Number of investigations closed pertaining to each
regulated activity.
(j) Average amount of time to close investigations pertaining
to each regulated activity.
(k) Number of enforcement actions pertaining to each regulated
activity.
(l) Number of administrative hearings pertaining to each
regulated activity.
(m) Number of administrative hearing adjudications pertaining
to each regulated activity.
(n) The type and amount of each fee charged to support each
regulated activity.
(3) In addition to providing agency-level information as
specified in subsection (2), the report shall include a summary
that provides the following information as a sum total for all of
the agencies specified in subsection (1):
(a) Total fee revenue and expenditures.
(b) The numbers of applications, both initial and renewal,
received, approved, and denied for each regulatory product.
(c) Number of complaints received.
(d) Number of investigations opened.
(e) Number of investigations closed.
(f) Number of enforcement actions taken.
(g) Number of administrative hearing adjudications undertaken.
(4) As used in subsection (2), "regulatory products" means
licensure, certification, registration, permitting, approval, or
any other regulatory service provided by the agencies specified in
subsection (1) for occupations, facilities, entities, industries,
or activities regulated by the agencies specified in subsection
(1).
Sec. 252. It is the intent of the legislature that the
department establish an employee performance monitoring process
that is consistent throughout the department in addition to current
civil service commission evaluations. By April 1, the department
shall submit a report to the state budget office, the
subcommittees, and the fiscal agencies on changes to the employee
performance monitoring process that are planned or implemented.
MICHIGAN LIQUOR CONTROL COMMISSION
Sec. 401. The liquor control commission shall utilize funds
appropriated from the liquor purchase revolving fund to invest in
technology upgrades in an effort to mitigate delays for issuing
licenses under section 503 of the Michigan liquor control code of
1998, 1998 PA 58, MCL 436.1503. It is the intent of the legislature
that the commission utilize free software to mitigate these delays,
if such a product is available.
Sec. 402. The liquor control commission shall expend the funds
as required under section 203(10) 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. The liquor control commission shall provide a report to
the legislature and the subcommittees detailing the commission's
activities to investigate and audit the illegal shipping of wine
and the results of these activities. The report shall also include
the estimated loss of sales, excise, and use tax revenue for the
state of Michigan as a result of illegal shipments of wine. The
report shall be submitted by February 1.
OCCUPATIONAL REGULATION
Sec. 501. Money appropriated under this part and part 1 for
the bureau of fire services shall not be expended unless, in
accordance with section 2c of the fire prevention code, 1941 PA
207, MCL 29.2c, inspection and plan review fees will be charged
according to the following schedule:
Operation and maintenance inspection fee
Facility type Facility size Fee
Hospitals Any $8.00 per bed
Plan review and construction inspection fees for
hospitals and schools
Project cost range Fee
$101,000.00 or less minimum fee of $155.00
$101,001.00 to $1,500,000.00 $1.60 per $1,000.00
$1,500,001.00 to $10,000,000.00 $1.30 per $1,000.00
$10,000,001.00 or more $1.10 per $1,000.00
or a maximum fee of $60,000.00.
Sec. 502. The funds collected by the department for licenses,
permits, and other elevator regulation fees set forth in the
Michigan administrative code and as determined under section 8 of
1976 PA 333, MCL 338.2158, and section 16 of 1967 PA 227, MCL
408.816, that are unexpended at the end of the fiscal year shall
carry forward to the subsequent fiscal year.
Sec. 503. No later than February 15, the department shall
submit a report to the subcommittees, fiscal agencies, and state
budget director providing the following information:
(a) The number of honorably discharged veterans, individually
or if a majority interest of a corporation or limited liability
company, that were exempted from paying licensure, registration,
filing, or any other fees collected under each licensure or
regulatory program administered by the bureau of construction codes
and the corporations, securities, and commercial licensing bureau
during the preceding fiscal year.
(b) The specific fees and total amount of revenue exempted
under each licensure or regulatory program administered by the
bureau of construction codes and the corporations, securities, and
commercial licensing bureau during the preceding fiscal year.
(c) The actual costs of providing licensing and other
regulatory services to veterans exempted from paying licensure,
registration, filing, or any other fees during the preceding fiscal
year and a description of how these costs were calculated.
(d) The estimated amount of revenue that will be exempted
under each licensure or regulatory program administered by the
bureau of construction codes and the corporations, securities, and
commercial licensing bureau in both the current and subsequent
fiscal years and a description of how the exempted revenue was
estimated.
Sec. 505. (1) 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.
(2) Not later than April 1, the department shall submit to the
subcommittees and fiscal agencies a report on the revenues,
expenditures, and balance of the homeowner construction lien
recovery fund as of the end of the previous fiscal year.
Sec. 507. The department shall submit a report by January 1 to
the standing committees on appropriations of the senate and house
of representatives, the fiscal agencies, and the state budget
director that includes all of the following information for the
prior fiscal year regarding the medical marihuana program under the
Michigan medical marihuana act, 2008 IL 1, MCL 333.26421 to
333.26430:
(a) The number of initial applications received.
(b) The number of initial applications approved and the number
of initial applications denied.
(c) The average amount of time, from receipt to approval or
denial, to process an initial application.
(d) The number of renewal applications received.
(e) The number of renewal applications approved and the number
of renewal applications denied.
(f) The average amount of time, from receipt to approval or
denial, to process a renewal application.
(g) The percentage of initial applications not approved or
denied within the time requirements established in section 6 of the
Michigan medical marihuana act, 2008 IL 1, MCL 333.26426.
(h) The percentage of renewal applications not approved or
denied within the time requirements established in section 6 of the
Michigan medical marihuana act, 2008 IL 1, MCL 333.26426.
(i) The percentage of registry cards for approved initial
applications not issued within the time requirements established in
section 6 of the Michigan medical marihuana act, 2008 IL 1, MCL
333.26426.
(j) The percentage of registry cards for approved renewal
applications not issued within the time requirements established in
section 6 of the Michigan medical marihuana act, 2008 IL 1, MCL
333.26426.
(k) The amount collected from the medical marihuana program
application and renewal fees authorized in section 5 of the
Michigan medical marihuana act, 2008 IL 1, MCL 333.26425.
(l) The costs of administering the medical marihuana program
under the Michigan medical marihuana act, 2008 IL 1, MCL 333.26421
to 333.26430.
Sec. 508. If the revenue collected by the department for
health systems administration or radiological health administration
and projects from fees and collections exceeds the amount
appropriated in part 1, the revenue may be carried forward into the
subsequent fiscal year. The revenue carried forward under this
section shall be used as the first source of funds in the
subsequent fiscal year.
Sec. 511. No later than February 1, the department shall
submit a report to the subcommittees, fiscal agencies, and state
budget director providing the following information:
(a) The total amount of reimbursements made to local units of
government for delegated inspections of fireworks retail locations
pursuant to section 11 of the Michigan fireworks safety act, 2011
PA 256, MCL 28.461, from the funds appropriated in part 1 for the
bureau of fire services during the preceding fiscal year.
(b) The amount of reimbursement for delegated inspections of
fireworks retail locations for each local unit of government that
received reimbursement from the funds appropriated in part 1 for
the bureau of fire services during the preceding fiscal year.
Sec. 512. To the extent allowed under applicable state and
federal laws, the bureau of health care services shall make
disciplinary actions taken against health professionals publicly
available through the online license verification website.
Sec. 513. (1) Beginning October 1, for the purpose of
defraying the costs associated with responding to false final
inspection appointments and to discourage the practice of calling
for final inspections when the project is incomplete or
noncompliant with a plan of correction previously provided by the
bureau of fire services, the bureau of fire services may assess a
fee not to exceed $200.00 for responding to confirmed false
inspection appointments. Fees collected under this section shall be
deposited into the restricted account referenced by section 2c(2)
of the fire prevention code, 1941 PA 207, MCL 29.2c, and explicitly
identified within the Michigan administrative information network.
(2) Not later than September 30, the department shall prepare
a report that provides the amount of the fee assessed under
subsection (1), the number of fees assessed and issued per region,
the cost allocation for the work performed and reduced as a result
of this section, and any recommendations for consideration by the
legislature. The department shall submit this information to the
state budget director, the subcommittees, and the fiscal agencies.
Sec. 514. (1) From the funds appropriated in part 1 for the
bureau of children and adult licensing from the interdepartmental
grant from the department of education, the department shall
increase the number of child care licensing consultants and staff.
The purpose of the additional staff is to increase the number of
monitoring visits to applicants for a child care license and those
who are licensed to ensure the health and safety of children in
early learning settings across this state.
(2) By February 1, the department shall submit a report to the
subcommittees, the fiscal agencies, and the senate and house policy
offices detailing the improvements that the bureau of children and
adult licensing has achieved due to the increased number of child
care licensing consultants that were hired using the funds
appropriated in part 1 for the bureau of children and adult
licensing.
Sec. 515. The department shall assess and collect fees in the
licensing and regulation of child care organizations as described
in 1973 PA 116, MCL 722.111 to 722.128, and adult foster care
facilities as described in the adult foster care facility licensing
act, 1979 PA 218, MCL 400.701 to 400.737.
Sec. 516. (1) It is the intent of the legislature that the
department establish a consistent method of performing and tracking
inspections of sawmills. The department shall inspect sawmills
during the fiscal year with a focus on facilities that house
multiple limited liability corporations in the same physical
location.
(2) By January 1, the department shall submit a report to the
subcommittees and fiscal agencies pertaining to these inspection
programs during the previous fiscal year. This report shall contain
all of the following:
(a) The number, type, and location of facilities inspected.
(b) A summary of each inspection, including the number, type,
and costs of any citations imposed.
(c) A list of any locations that did not provide their
employees with worker's compensation or unemployment insurances.
(d) Information on locations referred to the workers'
compensation agency or unemployment insurance agency that did not
provide the relevant insurances to their employees.
(e) The confirmed remediation results of any issues found.
(f) The approximate size, number of employees, and any
reported injuries of an employee within the last 3 years for each
location inspected.
Sec. 517. By January 1, the department shall submit a report
to the subcommittees that includes all of the following:
(a) Number of administrative actions taken against prescriber
licenses related to opioid prescribing, including the location of
where the prescriber practiced and any specialty certifications
that prescriber has held since 2010.
(b) The number of prescribers who were identified as
overprescribing.
(c) The actions taken to notify those prescribers who were
overprescribing.
(d) A description of the plan the department will work on with
DHHS to notify patients that their prescriber has had his or her
license suspended or has been reported as a potential
overprescriber and have available references for treatment.
EMPLOYMENT SERVICES
Sec. 704. (1) The appropriation in part 1 for the bureau of
services for blind persons includes funds for case services. These
funds may be used for tuition payments for blind clients.
(2) Revenue collected by the bureau of services for blind
persons and from private and local sources that is unexpended at
the end of the fiscal year may carry forward to the subsequent
fiscal year.
Sec. 705. The bureau of services for blind persons shall work
collaboratively with service organizations and government entities
to identify qualified match dollars to maximize use of available
federal vocational rehabilitation funds.
Sec. 706. Not later than January 1, the department shall
submit a report to the subcommittees and fiscal agencies including,
but not limited to, the following information pertaining to the
activities of the youth low-vision program during the preceding
fiscal year:
(a) Number of individuals, classified by age, who received
services or devices.
(b) Description of the services and devices purchased under
the program.
(c) Total payments to each provider of services or devices,
classified by the county in which the provider is located.
(d) Amount by which private health insurance or other public
health programs were utilized to offset the expense of services or
devices.
(e) Amount of expenditures under the program that qualified
for federal matching revenue and the amount of federal matching
revenue received by the department.
Sec. 707. The bureau of services for blind persons may provide
and enter into agreements to provide general services, training,
meetings, information, special equipment, software, facility use,
and technical consulting services to other principal executive
departments, state agencies, local units of government, the
judicial branch of government, other organizations, and patrons of
department facilities. The department may charge fees for these
services that are reasonably related to the cost of providing the
services. In addition to the funds appropriated in part 1, funds
collected by the department for these services are appropriated for
all expenses necessary. The funds appropriated under this section
are allotted for expenditure when they are received by the
department of treasury.
Sec. 708. The amount appropriated in part 1 for the first
responder presumed coverage fund shall only be expended for the
purpose of paying authorized claims and the costs of administering
the fund pursuant to section 405 of the worker's disability
compensation act of 1969, 1969 PA 317, MCL 418.405.
DEPARTMENT GRANTS
Sec. 901. The appropriation in part 1 for fire protection
grants shall be appropriated to cities, villages, and townships
with state-owned facilities for fire services, instead of taxes, in
accordance with 1977 PA 289, MCL 141.951 to 141.956.
Sec. 902. (1) Not later than November 30, the department shall
prepare a report that provides the number of registry
identification cards issued to or renewed for patients residing in
each county as of September 30 of the preceding fiscal year, under
the Michigan medical marihuana act, 2008 IL 1, MCL 333.26421 to
333.26430. The department shall submit this report to the state
budget director, the subcommittees, and the fiscal agencies.
(2) The department shall expend the funds appropriated in part
1 for medical marihuana operation and oversight grants for grants
to county law enforcement offices for the operation and oversight
of the Michigan medical marihuana program pursuant to section 6(l)
of the Michigan medical marihuana act, 2008 IL 1, MCL 333.26426.
These grants shall be distributed proportionately based on the
number of registry identification cards issued to or renewed for
the residents of each county whose county law enforcement office
applied for a grant under subsection (3). For the purposes of this
subsection, operation and oversight grants are for education,
communication, and enforcement of the Michigan medical marihuana
act, 2008 IL 1, MCL 333.26421 to 333.26430.
(3) No later than December 1, the department shall post a
listing of potential grant money available to each county law
enforcement office on its website. A county law enforcement office
requesting a grant shall apply on a form developed by the
department and available on the website. The form shall contain the
county law enforcement office'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.
(4) In order to be eligible to receive a grant under
subsection (2), a county law enforcement office shall apply no
later than January 1 and agree to report how the grant was expended
and provide that report to the department no later than September
15. The department shall submit a report no later than October 15
of the subsequent fiscal year to the state budget director, the
subcommittees, and the fiscal agencies detailing the grant amounts
by recipient and the reported uses of the grants in the preceding
fiscal year.
(5) County law enforcement offices may distribute
discretionary grants made under subsection (2) to municipal law
enforcement agencies for the operation and oversight of the
Michigan medical marihuana program pursuant to section 6(l) of the
Michigan medical marihuana act, 2008 IL 1, MCL 333.26426. If a
county law enforcement office distributes a discretionary grant in
this manner, that county law enforcement office shall require the
receiving municipal law enforcement agency to provide a report on
how that grant was spent. Reports from municipal law enforcement
agencies shall be included as part of the report submitted to the
department as required in subsection (4).
Sec. 903. (1) The amount appropriated in part 1 for
firefighter training grants shall only be expended for payments to
counties to reimburse organized fire departments for firefighter
training and other activities required under the firefighters
training council act, 1966 PA 291, MCL 29.361 to 29.377.
(2) If the amount appropriated in part 1 for firefighter
training grants is expended by the firefighter training council,
established in section 3 of the firefighters training council act,
1966 PA 291, MCL 29.363, for payments to counties under section 14
of the firefighters training council act, 1966 PA 291, MCL 29.374,
it is the intent of the legislature that:
(a) The amount appropriated in part 1 for firefighter training
grants shall be disbursed pursuant to section 14(2) of the
firefighters training council act, 1966 PA 291, MCL 29.374.
(b) If the amount disbursed to any county under subsection
(2)(a) is less than $5,000.00, the amounts disbursed to each county
under subsection (2)(a) shall be adjusted to provide for a minimum
payment of $5,000.00 to each county.
(3) No later than February 1, the department shall submit a
financial report to the subcommittees and fiscal agencies
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 disburse the total
amount appropriated in part 1 for firefighter training grants.
(b) The amount of the payments approved by the firefighter
training council for disbursement to each county.
(c) The amount of the payments actually expended or encumbered
within each county.
(d) A description of any other payments or expenditures made
under the authority of the firefighter training council.
(e) The amount of payments approved for disbursements to
counties that was not expended or encumbered and lapsed back to the
fireworks safety fund.
(4) It is the intent of the legislature that the amount
appropriated in part 1 for firefighter training grants be adjusted
each fiscal year to reflect lapses from the preceding fiscal year
into the fireworks safety fund created in section 11 of the
Michigan fireworks safety act, 2011 PA 256, MCL 28.461, for the
purpose of ensuring that lapsed grant funds are reallocated in
subsequent fiscal years.
Sec. 904. (1) The funds appropriated in part 1 for a regional
or subregional library shall not be released until a budget for
that regional or subregional library has been approved by the
department for expenditures for library services directly serving
the blind and persons with disabilities.
(2) In order to receive subregional state aid as appropriated
in part 1, a regional or subregional library's fiscal agency shall
agree to maintain local funding support at the same level in the
current fiscal year as in the fiscal agency's preceding fiscal
year. If a reduction in expenditures equally affects all agencies
in a local unit of government that is the regional or subregional
library's fiscal agency, that reduction shall not be interpreted as
a reduction in local support and shall not disqualify a regional or
subregional library from receiving state aid under part 1. If a
reduction in income affects a library cooperative or district
library that is a regional or subregional library's fiscal agency
or a reduction in expenditures for the regional or subregional
library's fiscal agency, a reduction in expenditures for the
regional or subregional library shall not be interpreted as a
reduction in local support and shall not disqualify a regional or
subregional library from receiving state aid under part 1.
Sec. 905. (1) From the funds appropriated in part 1 for the
liquor control commission, the department shall maintain customer
service standards for authorized distributor agents, licensees, and
vendors.
(2) The department shall identify specific outcomes and
performance metrics for this initiative, including, but not limited
to, both of the following:
(a) System availability to licensees.
(b) System order errors.
Sec. 906. (1) From the funds appropriated in part 1 for the
Michigan automated prescription system, the department shall
provide improved efficiencies and functionality of the system for
dispensers and prescribers as well as improved reporting
capabilities.
(2) The department shall identify specific outcomes and
performance metrics for this initiative, including, but not limited
to, all of the following:
(a) Prescribers enrolled in the Michigan automated
prescription system.
(b) Dispensers enrolled in the Michigan automated prescription
system.
(c) Utilization of the Michigan automated prescription system
by prescribers.
PART 2A
PROVISIONS CONCERNING ANTICIPATED APPROPRIATIONS
FOR FISCAL YEAR 2017-2018
GENERAL SECTIONS
Sec. 1201. Except as otherwise provided in this part, it is
the intent of the legislature to provide appropriations for the
fiscal year ending on September 30, 2018 for the line items listed
in part 1. The fiscal year 2017-2018 appropriations are anticipated
to be the same as those for fiscal year 2016-2017, except that the
line items will be adjusted for changes in caseload and related
costs, federal fund match rates, economic factors, and available
revenue. These adjustments will be determined after the January
2017 consensus revenue estimating conference.
Sec. 1202. It is the intent of the legislature that the
department identify the amounts for normal retirement costs and
legacy retirement costs for the fiscal year ending on September 30,
2018 for the line items listed in part 1.
ARTICLE XIV
DEPARTMENT OF MILITARY AND VETERANS AFFAIRS
PART 1
LINE-ITEM APPROPRIATIONS
Sec. 101. There is appropriated for the department of military
and veterans affairs for the fiscal year ending September 30, 2017,
from the following funds:
DEPARTMENT OF MILITARY AND VETERANS AFFAIRS
APPROPRIATION SUMMARY
Full-time equated unclassified positions.......... 9.0
Full-time equated classified positions.......... 898.5
GROSS APPROPRIATION.................................... $ 176,710,200
Total interdepartmental grants and intradepartmental
transfers............................................ 101,800
Schedule of interdepartmental grant revenue sources:
IDG, state police............................. 101,800
ADJUSTED GROSS APPROPRIATION........................... $ 176,608,400
Total federal revenues................................. 91,793,600
Schedule of federal revenue sources:
DOD-DOA-NGB................................ 61,969,000
DVA-VHA.................................... 27,825,100
HHS-HCFA, Medicare, hospital insurance...... 1,809,700
HHS-HCFA, title XIX, Medicaid.................. 89,800
Federal counter narcotics revenues............ 100,000
Total local revenues................................... 1,732,400
Schedule of local revenue sources:
Local - school aid fund..................... 1,732,400
Total private revenues................................. 742,800
Schedule of private revenue sources:
Private - veterans' homes post and posthumous
funds........................................ 540,000
Private donations............................. 202,800
Total other state restricted revenues.................. 24,696,000
Schedule of restricted revenue sources:
Billeting fund.............................. 1,517,800
Rental fees................................... 346,400
Mackinac Bridge Authority...................... 70,000
Test project fees............................. 100,000
Income and assessments..................... 11,933,300
Lease revenue.................................. 12,200
Michigan veterans trust fund................ 5,211,300
Michigan national guard tuition assistance
fund...................................... 3,505,000
Michigan national guard armory
construction fund.......................... 1,000,000
Military family relief fund................. 1,000,000
State general fund/general purpose..................... $ 57,643,600
State general fund/general purpose schedule:
Ongoing state general fund/general
purpose................................... 50,143,600
One-time state general fund/general
purpose.................................... 7,500,000
Sec. 102. MILITARY
Full-time equated unclassified positions.......... 9.0
Full-time equated classified positions.......... 334.0
Unclassified positions................................. $ 1,425,500
Departmental and National Guard operations............. 67,125,600
GROSS APPROPRIATION..................................... $ 68,551,100
Appropriated from:
Interdepartmental grant revenues....................... 101,800
Federal revenues....................................... 47,488,100
Local revenues......................................... 1,732,400
Private revenues....................................... 202,800
State restricted revenues.............................. 6,551,800
State general fund/general purpose..................... $ 12,474,200
Schedule of programs:
Unclassified salaries....................... 1,425,500
Support services............................ 1,839,100
Armories and joint force readiness......... 17,592,300
National Guard training facilities and air
bases..................................... 33,793,000
Michigan youth challeNGe program............ 5,326,900
Military family relief fund................... 600,000
Starbase grant.............................. 2,322,000
National guard tuition assistance program... 3,505,000
National guard tuition assistance fund........ 762,700
Information technology services and
projects................................... 1,384,600
Sec. 103. MICHIGAN VETERANS AFFAIRS AGENCY
Full-time equated classified positions.......... 564.5
Michigan veterans affairs agency....................... $ 16,239,400
Veterans' homes........................................ 67,619,700
GROSS APPROPRIATION.................................... $ 83,859,100
Appropriated from:
Federal revenues....................................... 29,305,500
Private revenues....................................... 540,000
State restricted revenues.............................. 17,144,200
State general fund/general purpose..................... $ 36,869,400
Schedule of programs:
Veterans affairs agency administration...... 7,057,300
Veterans service grants..................... 3,770,800
Targeted grants............................... 200,000
Veterans' trust fund administration......... 1,464,800
Veterans' trust fund grants................. 3,746,500
Grand Rapids veterans' home................ 45,429,100
Board of managers (Grand Rapids home)......... 665,000
D.J. Jacobetti veterans' home.............. 21,250,600
Board of managers (DJJHV)..................... 275,000
Sec. 104. CAPITAL OUTLAY
Capital outlay......................................... $ 16,800,000
GROSS APPROPRIATION.................................... $ 16,800,000
Appropriated from:
Federal revenues....................................... 15,000,000
State restricted revenues.............................. 1,000,000
State general fund/general purpose..................... $ 800,000
Schedule of programs:
Special maintenance - National Guard....... 15,300,000
Special maintenance - veterans' home.......... 500,000
Land acquisitions and appraisals............ 1,000,000
Sec. 105. ONE-TIME APPROPRIATIONS
Capital outlay - Grand Rapids home for
veterans - Medicaid certification pilot.............. $ 5,000,000
Armory infrastructure upgrades......................... 2,500,000
GROSS APPROPRIATION.................................... $ 7,500,000
Appropriated from:
State general fund/general purpose..................... $ 7,500,000
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
FOR FISCAL YEAR 2016-2017
GENERAL SECTIONS
Sec. 201. Pursuant to section 30 of article IX of the state
constitution of 1963, total state spending from state resources
under part 1 for fiscal year 2016-2017 is $82,339,600.00 and state
spending from state resources to be paid to local units of
government for fiscal year 2016-2017 is $102,400.00. The itemized
statement below identifies appropriations from which spending to
local units of government will occur:
DEPARTMENT OF MILITARY AND VETERANS AFFAIRS
National Guard training facilities and air bases....... $ 52,400
Schedule of programs:
Payments in lieu of taxes...................... 52,400
Michigan veterans affairs agency administration........ $ 50,000
Schedule of programs:
County counselor education and training
expenses...................................... 50,000
TOTAL.................................................. $ 102,400
Sec. 202. The appropriations authorized under this part and
part 1 are subject to the management and budget act, 1984 PA 431,
MCL 18.1101 to 18.1594.
Sec. 203. As used in this part and part 1:
(a) "Core services" means that phrase as defined in section
373 of the management and budget act, 1984 PA 431, MCL 18.1373.
(b) "Department" means the department of military and veterans
affairs.
(c) "Director" means director of the department.
(d) "DJJHV" means the D.J. Jacobetti home for veterans.
(e) "DOD" means the United States Department of Defense.
(f) "DOD-DOA-NGB" means the DOD Department of the Army,
National Guard Bureau.
(g) "FTE" means full-time equated.
(h) "GRHV" means the Grand Rapids home for veterans.
(i) "HCFA" means the Health Care Financing Administration, now
renamed the Centers for Medicare and Medicaid Services.
(j) "HHS" means the United States Department of Health and
Human Services.
(k) "HVAC" means heating, ventilation, and air conditioning.
(l) "IDG" means interdepartmental grant.
(m) "MVAA" means the Michigan veterans affairs agency.
(n) "Subcommittees" means all members of the subcommittees of
the senate and house appropriations committees with jurisdiction
over the budget of the department.
(o) "USDVA" means the United States Department of Veterans
Affairs.
(p) "USDVA-VHA" means the USDVA Veterans Health
Administration.
(q) "Veterans' homes" means the Grand Rapids home for veterans
and the D.J. Jacobetti home for veterans.
(r) "VSO" means veterans service organization.
(s) "Work project" means that term as defined in section 404
of the management and budget act, 1984 PA 431, MCL 18.1404, and
that meets the criteria in section 451a(1) of the management and
budget act, 1984 PA 431, MCL 18.1451a.
Sec. 206. (1) In addition to the funds appropriated in part 1,
there is appropriated an amount not to exceed $10,000,000.00 for
federal contingency funds. These funds are not available for
expenditure until they have been transferred to another line item
in part 1 under section 393(2) of the management and budget act,
1984 PA 431, MCL 18.1393.
(2) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $2,000,000.00 for state
restricted contingency funds. These funds are not available for
expenditure until they have been transferred to another line item
in part 1 under section 393(2) of the management and budget act,
1984 PA 431, MCL 18.1393.
(3) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $100,000.00 for local
contingency funds. These funds are not available for expenditure
until they have been transferred to another line item in part 1
under section 393(2) of the management and budget act, 1984 PA 431,
MCL 18.1393.
(4) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $100,000.00 for private
contingency funds. These funds are not available for expenditure
until they have been transferred to another line item in part 1
under section 393(2) of the management and budget act, 1984 PA 431,
MCL 18.1393.
Sec. 207. The department shall cooperate with the department
of technology, management, and budget to maintain a searchable
website that is accessible by the public at no cost that includes,
but is not limited to, all of the following:
(a) Fiscal year-to-date expenditures by category.
(b) Fiscal year-to-date expenditures by appropriation unit.
(c) Fiscal year-to-date payments to a selected vendor,
including the vendor name, payment date, payment amount, and
payment description.
(d) The number of active department employees by job
classification.
(e) Job specifications and wage rates.
Sec. 208. The departments and agencies receiving
appropriations in part 1 shall use the Internet to fulfill the
reporting requirements of this part. This requirement may include
transmission of reports via electronic mail to the recipients
identified for each reporting requirement, or it may include
placement of reports on an Internet or Intranet site.
Sec. 209. Funds appropriated in this part and part 1 shall not
be used for the purchase of foreign goods or services, or both, if
competitively priced and of comparable quality American goods or
services, or both, are available. Preference shall be given to
goods or services, or both, manufactured or provided by Michigan
businesses, if they are competitively priced and of comparable
quality. In addition, preference shall be given to goods or
services, or both, that are manufactured or provided by Michigan
businesses owned and operated by veterans, if they are
competitively priced and of comparable quality.
Sec. 210. The department shall take all reasonable steps to
ensure businesses in deprived and depressed communities compete for
and perform contracts to provide services or supplies, or both. The
director of the department 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. 215. The department shall not take disciplinary action
against an employee for communicating with a member of the
legislature or his or her staff.
Sec. 216. (1) Notwithstanding any other provision of this
part, the schedule of programs in part 1 lists programs which may,
but are not required to be, funded under part 1.
(2) Notwithstanding any other provisions of this part, the
schedule of revenue sources in part 1 may or may not be received
from the funding entities listed.
(3) Any funding required by statute is not subject to funding
flexibility and shall be funded in accordance with that statute.
Sec. 218. The departments and agencies receiving
appropriations in this part and part 1 shall prepare a report on
out-of-state travel expenses not later than January 1 of each year.
The travel report shall be a listing of all travel by classified
and unclassified employees outside this state in the immediately
preceding fiscal year that was funded in whole or in part with
funds appropriated in the department's budget. The report shall be
submitted to the senate and house appropriations committees, the
house and senate fiscal agencies, and the state budget director.
The report shall include the following information:
(a) The dates of each travel occurrence.
(b) The total transportation and related costs of each travel
occurrence, including the proportion funded with state general
fund/general purpose revenues, the proportion funded with state
restricted revenues, the proportion funded with federal revenues,
and the proportion funded with other revenues.
Sec. 219. The department shall provide quarterly reports to
the subcommittees, the senate and house fiscal agencies, and the
state budget office, which shall provide the following data:
(a) A list of all major work projects, including a status
report of each project.
(b) The department's financial status, featuring a report of
budgeted versus actual expenditures by part 1 line item including a
year-end projection of budget requirements. If projected department
budget requirements exceed the allocated budget, the report shall
include a plan to reduce overall expenses while still satisfying
specified service level requirements.
(c) A report on the status of performance metrics cited in
this part and information required to be reported in this part.
(d) The number of active employees at the close of the fiscal
quarter by job classification and program.
(e) A summary of fund shifts, that have been approved by the
state budget office, that have occurred between items listed in the
schedule of programs mentioned in part 1.
(f) Evidence of efficiencies and management of funds within
established appropriations.
Sec. 222. The appropriations in part 1 are for the core
services, support services, and work projects of the department,
including, but not limited to, the following core services:
(a) Armories and joint force readiness.
(b) National Guard training facilities and air bases.
(c) Michigan youth challeNGe academy.
(d) Military family relief fund.
(e) Starbase grant.
(f) National Guard tuition assistance program.
(g) Michigan veterans affairs agency administration.
(h) Veterans service grants.
(i) Veterans' trust fund administration.
(j) Veterans' trust fund grants.
(k) Grand Rapids home for veterans.
(l) D.J. Jacobetti home for veterans.
(m) Board of managers (Grand Rapids and D.J. Jacobetti homes
for veterans).
Sec. 225. Funds appropriated in this part and part 1 shall not
be used by a principal executive department, state agency, or
authority to hire a person to provide legal services that are the
responsibility of the attorney general. This prohibition does not
apply to legal services for bonding activities and for those
activities that the attorney general authorizes.
Sec. 228. 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 appropriations lapses at the
close of the prior fiscal year. This report shall summarize the
projected year-end general fund/general purpose appropriations
lapses by major departmental program or program areas. The report
shall be transmitted to the office of the state budget, the
chairpersons of the senate and house standing committees on
appropriations, the subcommittees, and the senate and house fiscal
agencies.
Sec. 229. Within 14 days after the release of the executive
budget recommendation, the department shall cooperate with the
state budget office to provide the senate and house appropriations
chairs, the subcommittees, 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, 2016 and
September 30, 2017.
Sec. 230. The department shall maintain, on a publicly
accessible website, a department scorecard that identifies, tracks,
and regularly updates key metrics that are used to monitor and
improve the agency's performance.
Sec. 231. Total authorized appropriations from all sources
under part 1 for legacy costs for the fiscal year ending September
30, 2017 are $18,602,500.00. From this amount, total agency
appropriations for pension-related legacy costs are estimated at
$10,314,600.00, and total agency appropriations for retiree health
care legacy costs are estimated at $8,287,900.00.
Sec. 232. The appropriations in part 1 for capital outlay
shall be carried forward at the end of the fiscal year consistent
with section 248 of the management and budget act, 1984 PA 431, MCL
18.1248.
Sec. 233. 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. 234. The one-time appropriations in part 1 for special
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.
Sec. 240. In addition to the metrics required under section
447 of the management and budget act, 1984 PA 431, MCL 18.1447, for
each new program or program enhancement for which funds in excess
of $500,000.00 are appropriated in part 1, the department shall
provide not later than November 1, 2015 a list of program-specific
metrics intended to measure its performance based on a return on
taxpayer investment. The department shall deliver the program-
specific metrics to members of the senate and house subcommittees
that have subject matter jurisdiction for this budget, fiscal
agencies, and the state budget director. The department shall
provide an update on its progress in tracking program-specific
metrics and the status of program success at an appropriations
subcommittee meeting called for by the subcommittee chair.
MILITARY
UNCLASSIFIED POSITIONS
Sec. 300. (1) From the funds appropriated in part 1, there is
funding to support unclassified employee positions as authorized by
section 5 of article XI of the state constitution of 1963. These
positions include the following: department director - the adjutant
general for Michigan; assistant adjutant general - army; assistant
adjutant general - installations; assistant adjutant general - air;
senior policy executive - Michigan veterans affairs agency; senior
deputy director – state operations; director - strategy and policy;
chief executive officer for veterans health system; and director -
Michigan veterans affairs agency.
(2) Not less than 30 days prior to the department submitting a
request for an additional unclassified employee position from the
civil service commission, or for any substantive change to the
duties of an existing unclassified employee position, the
department shall notify the subcommittees and the senate and house
fiscal agencies.
ARMORIES AND JOINT FORCE READINESS
Sec. 302. (1) From the funds appropriated in part 1 for
military operations, effective and efficient executive direction
and administrative leadership shall be provided to the department.
(2) The department shall operate and maintain National Guard
armories.
(3) The department shall evaluate armories and submit a
quarterly report on the status of the armories.
(4) The department shall maintain a system to measure the
condition and adequacy of the armories.
(5) The Michigan Army National Guard and Air National Guard
shall work to provide a culture that is free of sexual assault,
through an environment of prevention, education and training,
response capability, victim support, reporting procedures, and
appropriate accountability that enhances the safety and well-being
of all guard members.
(6) By December 1, the department shall report the following
information to the subcommittees, 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.
NATIONAL GUARD TRAINING FACILITIES AND AIR BASES
Sec. 304. (1) The department shall provide Army and Air
National Guard forces, when directed, for state and local
emergencies and in support of national military requirements.
(2) The department shall operate and maintain Army National
Guard training facilities, including Fort Custer and Camp Grayling.
(3) The department shall maintain a system that measures the
condition and adequacy of air facilities using both quality and
functionality criteria.
(4) The department shall operate and maintain Air National
Guard air bases, including Selfridge Air National Guard base,
Battle Creek Air National Guard base, and Alpena combat readiness
training center.
(5) The department shall provide the following information as
provided under section 219:
(a) The apportioned and assigned strength of the Michigan Army
National Guard.
(b) The apportioned and assigned strength of the Michigan Air
National Guard.
(c) Recruiting, retention, and attrition data, including
measurement against stated performance goals, for the Michigan Army
National Guard.
(d) Recruiting, retention, and attrition data, including
measurement against stated performance goals, for the Michigan Air
National Guard.
Sec. 305. There is hereby created and established under the
jurisdiction and control of the department a revolving account to
be known as the billeting fund account. All of the fees and other
revenues generated from the operation of the chargeable transient
quarters program shall be deposited in the billeting fund account.
Appropriations will be made from the account for the support of
program operations and the maintenance and operations of the
chargeable transient quarters program and will not exceed the
estimated revenues for the fiscal year in which they are made,
together with unexpended balances from prior years. The department
shall submit an annual report of operations and expenditures
regarding the billeting fund account to the appropriations
committees of the senate and house of representatives, the house
and senate fiscal agencies, and the state budget office at the end
of the fiscal year.
MICHIGAN YOUTH CHALLENGE ACADEMY
Sec. 307. (1) The department shall maintain the Michigan youth
challeNGe academy to provide values, skills, education, and self-
discipline instruction for at-risk youth as provided under 32 USC
509.
(2) The department shall take steps to recruit candidates to
the challeNGe program from economically disadvantaged areas,
including those with low-income and high-unemployment backgrounds.
(3) The department shall partner with the department of health
and human services to identify youth who may be eligible for the
challeNGe program from those youth served by department of health
and human services programs. These eligible youth shall be given
priority for enrollment in the program.
(4) The department shall maintain the staffing and resources
necessary to train at least 144 cadets simultaneously at the
Michigan youth challeNGe academy.
(5) The department shall ensure that the average grade level
increase for Michigan youth challeNGe academy graduates is 2 years
as measured with the test adult basic education (TABE) metrics.
MILITARY FAMILY RELIEF FUND
Sec. 308. (1) The department shall provide grants for
disbursement from the military family relief fund, as provided
under the military family relief fund act, 2004 PA 363, MCL 35.1211
to 35.1216, and R 200.5 to R 200.95 of the Michigan administrative
code.
(2) The department shall provide information on the revenues,
expenditures for advertising and assistance grants, and fund
balance of the Michigan military family relief fund, as provided
under section 219.
(3) The department shall provide sufficient staffing and other
resources to provide outreach to the Michigan families of members
of the reserve component of the armed forces called into active
duty and to support the processing and approval of at least 60
grant applications this fiscal year under the Michigan military
relief fund and report those applications as provided in section
219.
STARBASE GRANT
Sec. 309. 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.
NATIONAL GUARD TUITION ASSISTANCE PROGRAM
Sec. 310. (1) The department shall establish and maintain a
National Guard tuition assistance program for members of the
Michigan Air and Army National Guard.
(2) The objective of the National Guard tuition program is to
bolster military readiness by increasing recruitment and retention
of Michigan Air and Army National Guard service members (and to
fill federally authorized strength levels for the state), improve
the Michigan Air and Army National Guard's competitive draw from
other military enlistment options in the state, enhance the ability
of the Michigan Air and Army National Guard to compete for members
and federal dollars with surrounding states, and increase the pool
of eligible candidates within the Michigan Air and Army National
Guard to become commissioned officers.
(3) The department shall make efforts to increase the number
of Michigan Air and Army National Guard members participating in
the program to 1,000 during the third year of the program's
existence. To evaluate the effectiveness of the program, the
department shall monitor the number of new recruits and new
reenlistments and the percentage of those who become participants
in the program to determine whether the percentage of authorized
Michigan Air and Army National Guard strength obtained and retained
is competitive in comparison with the neighboring air and army
national guards from the states of Illinois, Indiana, Ohio, and
Wisconsin.
(4) From the funds appropriated in part 1, the National Guard
tuition assistance program shall be supported with revenue from the
Michigan national guard tuition assistance fund created in section
4 of the Michigan national guard tuition assistance act, 2014 PA
259, MCL 32.434. As provided in section 4 of the Michigan national
guard tuition assistance act, 2014 PA 259, MCL 32.434, unexpended
funds remaining in the Michigan national guard tuition assistance
fund at the end of the fiscal year shall not lapse to the general
fund.
INFORMATION TECHNOLOGY SERVICES AND PROJECTS
Sec. 311. The funds appropriated in part 1 for information
technology services and projects shall be used as a pass through
via an IDG to the department of technology, management, and budget
for technology services, including maintenance and repair services,
and technology projects, to maximize the operational efficiency and
effectiveness of the department.
MICHIGAN VETERANS AFFAIRS AGENCY
MICHIGAN VETERANS AFFAIRS AGENCY ADMINISTRATION
Sec. 400. (1) The MVAA agency shall provide outreach services
to Michigan veterans that advise them on the benefits to which they
are entitled, as provided under Executive Reorganization Order No.
2013-2, MCL 32.92. The MVAA shall also do the following:
(a) Maintain the staffing partnerships and other resources
necessary to develop and operate an outreach program that will
communicate benefit eligibility information to at least 50% of
Michigan's population of veterans, as assessed by annual census
estimates, with a goal of reaching 100% and enabling 100% to access
benefit information online.
(b) Communicate veteran benefit information pertaining to the
Michigan military family relief fund, Michigan veterans' trust
fund, and USDVA health, financial, and memorial benefits to which
they are entitled.
(c) Provide sufficient staffing and other resources to approve
requests for military discharge certificates (DD-214) annually.
(d) Continue the process to digitize all medical records,
military discharge documents, and burial records that are currently
on paper and microfilm.
(e) Provide a report, as provided under section 219, on the
MVAA's performance on the performance measures, outcomes, and
initiatives developed by the agency in the strategic plan required
by section 501 of 2013 PA 9.
(f) Provide a report to the subcommittees, senate and house
fiscal agencies, and the state budget office no later than April 1
providing for the following:
(i) To the extent known, data on the estimated number of
homeless veterans, by county, in this state.
(ii) A summary of the activities and strategies developed to
date under the MVAA community assessment and regional service
delivery model pilot.
(2) From the funds appropriated in part 1, the MVAA shall
provide for the regional coordination of services, as follows:
(a) Regional coordinators shall be selected by the MVAA
through a grant agreement with VSOs or by other means.
(b) Regional coordinators shall provide the following
services:
(i) Coordinate veteran benefit counselors' efforts throughout
a specified region.
(ii) Coordinate services with the department of health and
human services and the department of corrections.
(iii) Coordinate with regional workforce and economic
development agencies.
(iv) Coordinate activities among local foundations, nonprofit
organizations, and community groups to improve accessibility,
enrollment, and utilization of the array of health care, education,
employment assistance, and quality of life services provided at the
local level.
(c) The MVAA may work with MVAA service officers, regional
coordinators, county veteran counselors, VSO service officers, and
other service providers to incorporate the provision of information
relating to mental health care resources into their daily
operations to aid veterans in understanding the mental health care
support services they may be eligible to receive.
(d) The MVAA shall coordinate with the department of health
and human services to identify Medicaid recipients who are veterans
and who may be eligible for federal veterans health care benefits
or other benefits, to the extent that the identification does not
violate applicable confidentiality requirements.
(e) The MVAA shall collaborate with the department of
corrections to create and maintain a process by which prisoners can
obtain a copy of their DD-214 form or other military discharge
documentation if necessary.
(f) The MVAA shall ensure that all MVAA service officers, VSO
service officers, and regional coordinators receive appropriate
training in processing applications for benefits payable to
veterans due to military sexual trauma, post-traumatic stress
disorder, depression, anxiety, substance abuse, or other mental
health issues.
(3) The MVAA shall provide claims processing services to
Michigan veterans in support of benefit claims submitted to the
USDVA for the health, financial, and memorial benefits for which
they are eligible, and shall do all of the following:
(a) Report the following information as provided in section
219:
(i) The number of benefit claims, by type, submitted to the
USDVA by MVAA and coalition partner veteran service officers.
(ii) The number of fully developed claims, submitted to the
USDVA, with an overall goal of 40% of benefit claims submitted that
are considered fully developed by the USDVA.
(b) Maintain the staffing and resources necessary to process a
minimum of 500 claims per year.
(4) The MVAA shall maintain staffing and resources necessary
to develop and implement a process to ensure that all county
counselors receive the training and accreditation necessary to
provide quality services to our veterans. The MVAA shall report
information as provided in section 219 on the number and percentage
of county veterans counselors requesting training by the MVAA, with
an overall goal of 100% of county veterans counselors trained.
(5) From the funds appropriated in part 1 for MVAA operations,
the MVAA shall provide grant assistance to enhance the capacity and
capabilities of counties in providing benefit claims assistance.
These funds shall be used to continue the implementation of an
Internet-based data system, to increase the number of county
veterans counselors, and to increase the number of counties that
provide service to veterans through county veterans counselors. The
MVAA shall provide a report, as provided in section 219, on the
expenditures and activities of the grant funds directed by this
subsection.
(6) From the funds appropriated in part 1 for MVAA, the MVAA
is authorized to expend up to $50,000.00 to hire legal services to
represent veterans benefit cases before federal court to maintain
accreditation under 38 CFR 14.628(d)(1)(iv).
VETERANS SERVICE ORGANIZATION GRANTS
Sec. 406. (1) The MVAA shall disburse VSO grants to assist
them to achieve agency goals and performance objectives in
partnership with the VSOs. Grants to VSOs will be disbursed to fund
programs and projects which are determined by the agency to meet
agency performance objectives and ensure that VSOs communicate the
availability of emergency grants through the Michigan veterans'
trust fund. In disbursing veterans service organization grants, the
MVAA shall do the following:
(a) Ensure that each VSO that receives grants is issued
performance standards.
(b) Ensure that each VSO that receives grant funds uses those
funds for veterans advocacy and outreach.
(c) Monitor the performance of each VSO that receives grants.
(2) Veterans service organization grants awarded by the MVAA
shall provide for the following, as developed by the MVAA:
(a) The provision of service to veterans statewide, using a
regional service delivery model, with services provided at
specified locations and times, including service provided in state
correctional facilities.
(b) The payment of a fixed hourly service rate.
(c) A specified number of service hours within each geographic
region of this state, with a statewide goal of at least 116,500
hours, including service hours provided to eligible incarcerated
veterans within 1 year of their earliest release date.
(d) Use of an MVAA-designated Internet-based claims data
system.
(3) The MVAA shall report the following information as
provided in section 219:
(a) A summary of activities supported through the
appropriation in part 1 for veterans service organization grants,
including separately for each service region, the amount of
expenditures to date, number of service hours, number of claims for
benefits submitted by type of claim, and other information deemed
appropriate by the MVAA.
(b) The number of fully developed claims, by type, submitted
to the USDVA by veterans service organizations, with an overall
goal of 40% of benefit claims submitted that are considered fully
developed by the USDVA.
VETERANS' TRUST FUND ADMINISTRATION
Sec. 407. (1) The Michigan veterans' trust fund board together
with the MVAA shall provide emergency grants for disbursement from
the Michigan veterans' trust fund, as provided under the following
program authorities:
(a) Sections 37, 38, and 39 of article IX of the state
constitution of 1963.
(b) 1946 (1st Ex Sess) PA 9, MCL 35.602 to 35.610.
(c) R 35.1 to R 35.7 of the Michigan administrative code.
(d) R 35.621 to R 35.623 of the Michigan administrative code.
(2) No later than December 1, the MVAA shall provide a
detailed report of the Michigan veterans' trust fund that includes,
for the prior fiscal year, information on grants provided from the
emergency grant program, including details concerning the
methodology of allocations, the selection of emergency grant
program authorized agents, a description of how the emergency grant
program is administered in each county, and a detailed breakdown of
trust fund expenditures for that year, including the amount
distributed to each county for administrative costs and emergency
grants. The report shall also include the number of approved
applications, by category of assistance, and the number of denied
applications, by reason of denial. The report shall also provide an
update on the department's efforts to reduce program administrative
costs and maintain the Michigan veterans' trust fund corpus to its
original amount of at least $50,000,000.00.
VETERANS' TRUST FUND GRANTS
Sec. 408. (1) The MVAA shall provide a report, as provided
under section 219, on the financial status of the Michigan
veterans' trust fund, including the number and amount of emergency
grants, state administrative expenses, and county administrative
expenses.
(2) The Michigan veterans' trust fund board together with the
agency shall maintain the staffing and resources necessary to
process a minimum of 2,000 applications for veterans' trust fund
emergency grants.
GRAND RAPIDS AND D.J. JACOBETTI HOMES FOR VETERANS
Sec. 501. (1) The MVAA and the board of managers shall provide
compassionate and quality nursing and domiciliary care services at
the Grand Rapids and D.J. Jacobetti homes for veterans so that
members can achieve their highest potential of wellness,
independence, self-worth, and dignity.
(2) The department shall provide resources necessary to
provide nursing care services to veterans in accordance with
federal standards and provide the results of the annual USDVA
survey and certification as proof of compliance, including the
following:
(a) A licensed minimum number of 403 residents in skilled
nursing beds at the Grand Rapids home for veterans and 158 at the
D.J. Jacobetti home for veterans.
(b) A licensed minimum number of 72 residents in domiciliary
beds at the Grand Rapids home for veterans and 11 at the D.J.
Jacobetti home for veterans.
(3) Appropriations in part 1 for the veterans' homes shall not
be used for any purpose other than for veterans and veterans'
families.
(4) Any contractor providing competency evaluated nursing
assistants (CENA) to either of the veterans' homes shall ensure
that each CENA has at least 8 hours of training on information
provided by the home.
(5) Any contractor providing competency evaluated nursing
assistants to either of the veterans' homes shall ensure that each
CENA has at least 1 eight-hour shift of shadowing at the veterans'
home.
(6) Any contractor providing competency evaluated nursing
assistants to either of the veterans' homes shall ensure that each
CENA is competent in the basic skills needed to perform his or her
assigned duties at the home.
(7) The veterans' homes shall provide each CENA at least 12
hours of in-service training once that individual has been assigned
to the home.
(8) All complaints of abusive or neglectful care at the
veterans' homes by a resident member, a resident member's family or
legal guardian, or staff of the veterans' home, received by a
supervisor shall be referred to the director of nursing or his or
her designee upon receipt of such complaint. The director of
nursing or his or her designee shall report on not less than a
monthly basis, except that the board of managers may specify a more
frequent reporting period, to the home administrator, board of
managers, agency, subcommittees, the senate and house fiscal
agencies, and the state budget office the following information:
(a) A description of the process by which resident members and
others may file complaints of alleged abuse or neglect at the
veterans' homes.
(b) Summary statistics on the number and general nature of
complaints of abuse or neglect.
(c) Summary statistics on the final disposition of complaints
of abuse or neglect received.
(9) The veterans' homes 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 veterans'
homes shall provide all members and staff a safe and secure
environment.
(10) The veterans' homes shall ensure that it effectively
develops, executes, and monitors all comprehensive care plans in
accordance with federal regulations and its internal policies, with
a goal that a comprehensive care plan is fully developed for all
resident members.
(11) The veterans' homes shall implement controls over its
food, maintenance supplies, and medical supplies inventories.
(12) The veterans' homes shall implement controls over its
pharmaceutical inventory.
(13) The veterans' homes shall establish sufficient controls
for calculating resident member maintenance assessments in order to
accurately calculate resident member maintenance assessments for
each billing cycle. The veterans' homes shall establish sufficient
controls to ensure that all past due resident member maintenance
assessments are addressed within 30 days.
(14) The veterans' homes shall establish sufficient controls
over monetary donations and donated goods.
(15) The veterans' homes shall implement sufficient controls
over the handling of resident member funds to ensure the release of
funds within 3 business days upon the resident member leaving the
home and to ensure that a representative of a resident member is
provided a full accounting of that resident member's funds within
10 business days of the death of that resident member.
(16) The MVAA shall post on its website all policies adopted
by the board of managers and the home related to the administrative
operations of the home.
(17) The process by which visitors, residents, and employees
of the veterans' homes may register complaints shall be displayed
in high-traffic areas throughout the home.
(18) The MVAA shall report its findings regarding the veterans
homes' compliance with the requirements and standards under this
section as provided in section 219. The quarterly reports shall
include, but are not limited to, the following information:
(a) Quality of care metrics, including:
(i) The number of patient care hours and staffing levels
measured against USDVA-VHA standards.
(ii) Sentinel events reported to the USDVA.
(iii) Fall and wound reports.
(iv) Complaint reports, including abuse and neglect complaints
and outcomes of complaint investigations.
(v) Additional minimum data set quality of care indicators
used to measure quality of care in long-term care facilities.
(b) Quarterly budget update.
(c) An accounting of resident member populations at the Grand
Rapids and D.J. Jacobetti homes for veterans as follows:
(i) By demographics, including period of service, gender, and
age.
(ii) By care setting, payment source, and associated revenue
projections.
(d) Updates related to the modernization of the veterans
homes, including information related to the following:
(i) Infrastructure/capital outlay improvements.
(ii) Information technology updates.
(iii) Financial management.
(e) Updates on corrective action status related to any audit
and survey findings until such findings have been fully addressed.
(19) The veterans' homes shall provide to the subcommittees,
the senate and house fiscal agencies, and the state budget office
the results of any annual or for-cause survey conducted by the
USDVA-VHA and any corresponding corrective action plan. This
information shall also be made available publicly through the
department's or MVAA's website.
(20) The MVAA shall provide to the legislature and the state
budget office quarterly reports regarding the status of Medicaid
certification efforts, including, but not limited to, descriptions
of incremental milestones, associated expenditures, and the percent
of plan completed.
Sec. 502. (1) From the increased funds appropriated in part 1
for the D.J. Jacobetti home for veterans, the department shall
pursue compliance with current Centers for Medicare and Medicaid
Services certification standards by the end of the current fiscal
year. The purpose of this expansion will be to obtain Medicaid
certification during fiscal year 2016-2017, to increase the ability
to fully utilize all federal funding available to cover the cost of
care of eligible veterans living at DJJHV, and to improve overall
quality of care for all veterans living at DJJHV.
(2) The department shall identify specific outcomes and
performance measures for this initiative, including, but not
limited to, the following:
(a) The quality of care to members of DJJHV shall increase as
a result of increased direct care staffing ratios.
(b) The quality of the care environment at DJJHV shall
increase as a result of facility updates made according to Medicaid
specifications to increase members' access to private and semi-
private accommodations.
(c) The quality of care for members of DJJHV shall increase as
a result of increased ability efforts to implement long-term care
evidence-based best practices at DJJHV.
(d) The collection of available federal Medicaid revenue shall
increase as a result of Medicaid certification.
(e) The fiscal stability of DJJHV shall improve due to
increased efforts to collect available federal revenue.
Sec. 502a. The department shall ensure that the quality of
care for members of the veterans' homes shall exceed the current
quality of care for the full spectrum of health care services as a
result of the upgrades made to the homes to meet the Centers for
Medicare and Medicaid Services certification standards. The
department shall provide a quarterly report to the subcommittees
which contains evidence that the quality of care for the full
spectrum of health care services has improved due to those
upgrades.
BOARD OF MANAGERS (VETERANS' HOMES)
Sec. 504. The board of managers shall exercise certain
regulatory and governance authority regarding admission and member
affairs at the veterans' homes. The board of managers shall also
work to represent the interest of the veterans' community in both
advisory and advocacy roles.
CAPITAL OUTLAY
SPECIAL MAINTENANCE – NATIONAL GUARD
Sec. 601. (1) The appropriations in part 1 for special
maintenance – National Guard shall be carried forward at the end of
the fiscal year consistent with section 248 of the management and
budget act, 1984 PA 431, MCL 18.1248.
(2) The appropriations for special maintenance – National
Guard shall be expended in accordance with the requirements of
sections 302 and 304 and shall be expended according to the
maintenance priorities of the department to repair and modernize
military training sites and support facilities, including armories,
which may include projects such as roof, HVAC, or boiler
replacement, interior renovations, facility expansion, improvements
to parking facilities, and other projects.
(3) The department shall provide a quarterly report as
provided under section 219 providing information on the status,
projected costs, and projected completion date of current and
planned special maintenance projects at the armories and other
National Guard facilities funded from capital outlay appropriations
made in part 1 and in prior appropriations years.
SPECIAL MAINTENANCE – VETERANS' HOMES
Sec. 603. (1) The appropriations in part 1 for special
maintenance – veterans' homes shall be carried forward at the end
of the fiscal year consistent with section 248 of the management
and budget act, 1984 PA 431, MCL 18.1248.
(2) The appropriations for special maintenance – veterans'
homes shall be expended in accordance with the requirements of
section 501 and shall be expended according to the maintenance
priorities of the department to repair and modernize the state's
veterans' homes, which may include projects such as roof, HVAC, or
boiler replacement, interior renovations, facility expansion,
improvements to parking facilities, and other projects designed to
enhance the quality of life and medical care of members.
(3) The MVAA shall provide a quarterly report as provided
under section 219 providing information on the status, projected
costs, and projected completion date of current and planned special
maintenance projects at veterans' homes funded from capital outlay
appropriations made in part 1 and in prior appropriations years.
LAND AND ACQUISITIONS
Sec. 604. (1) The department shall provide for the acquisition
and disposition of National Guard armories, facilities, and lands
as provided under sections 368, 382, and 382a of the Michigan
military act, 1967 PA 150, MCL 32.768, 32.782, and 32.782a.
(2) The department shall provide a listing of property sales
and acquisitions as provided under section 219.
ONE-TIME APPROPRIATIONS
Sec. 701. From the increased funds appropriated in part 1 for
armory infrastructure, the department shall upgrade Army National
Guard network connections. The purpose of the increased funds for
armory infrastructure is for the modernization of armory
information technology infrastructure and improvements to best
ensure National Guard network capacity and connectivity in times of
emergency.
PART 2A
PROVISIONS CONCERNING ANTICIPATED APPROPRIATIONS
FOR FISCAL YEAR 2017-2018
GENERAL SECTIONS
Sec. 1201. It is the intent of the legislature to provide
appropriations for the fiscal year ending on September 30, 2018 for
the line items listed in part 1. The fiscal year 2017-2018
appropriations are anticipated to be the same as those for fiscal
year 2016-2017, excluding appropriations designated as one-time
appropriations and adjusting for changes in caseload and related
costs, federal fund match rates, economic factors, and available
revenue. These adjustments will be determined after the January
2016 consensus revenue estimating conference.
Sec. 1202. The veterans affairs agency shall provide the
percentage of Michigan veterans contacted, with a goal of 100%, and
report upon those outreach findings to the subcommittees at
quarterly legislative hearings.
Sec. 1203. The veterans affairs agency shall maintain a
minimum 50% fully developed claims as determined by the USDVA.
ARTICLE XV
DEPARTMENT OF NATURAL RESOURCES
PART 1
LINE-ITEM APPROPRIATIONS
Sec. 101. There is appropriated for the department of natural
resources for the fiscal year ending September 30, 2017, from the
following funds:
DEPARTMENT OF NATURAL RESOURCES
APPROPRIATION SUMMARY
Full-time equated unclassified positions.......... 6.0
Full-time equated classified positions........ 2,236.8
GROSS APPROPRIATION.................................... $ 398,154,100
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 1,375,900
ADJUSTED GROSS APPROPRIATION........................... $ 396,778,200
Federal revenues:
Federal funds.......................................... 72,365,400
Total federal revenues................................. 72,365,400
Special revenue funds:
Total private revenues................................. 7,446,400
Total other state restricted revenues.................. 277,156,400
State general fund/general purpose..................... $ 39,810,000
State general fund/general purpose schedule:
Ongoing state general fund/general
purpose................................... 38,510,000
One-time state general fund/general
purpose.................................... 1,300,000
FUND SOURCE SUMMARY:
Full-time equated unclassified positions.......... 6.0
Full-time equated classified positions........ 2,236.8
GROSS APPROPRIATION.................................... $ 398,154,100
Interdepartmental grant revenues:
IDG, land acquisition services-to-work orders.......... 232,200
IDG, MacMullan conference center revenue............... 1,143,700
Total interdepartmental grants and intradepartmental
transfers............................................ 1,375,900
ADJUSTED GROSS APPROPRIATION........................... $ 396,778,200
Federal revenues:
Federal funds.......................................... 72,365,400
Total federal revenues................................. 72,365,400
Special revenue funds:
Private - Mann house trust fund........................ 15,000
Private funds.......................................... 7,431,400
Total private revenues................................. 7,446,400
Cervidae licensing and inspection fees................. 138,800
Clean Michigan initiative fund......................... 29,700
Commercial forest fund................................. 26,600
Fire equipment fund.................................... 668,700
Forest development fund................................ 44,288,400
Forest land user charges............................... 252,200
Forest recreation account.............................. 1,825,500
Game and fish protection fund.......................... 75,013,200
Game and fish protection fund - deer habitat reserve... 2,127,300
Game and fish protection fund - fisheries settlement... 629,200
Game and fish protection fund - turkey permit fees..... 1,008,400
Game and fish protection fund - waterfowl fees......... 122,400
Game and fish protection fund - wildlife management
public education fund................................ 1,600,000
Game and fish protection fund - wildlife resource
protection fund...................................... 1,140,700
Game and fish protection fund - youth hunting and
fishing education and outreach fund.................. 95,800
History fees fund...................................... 233,000
Invasive species fund.................................. 100
Land exchange facilitation fund........................ 6,985,900
Local public recreation facilities fund................ 1,682,500
Mackinac Island state park fund........................ 1,573,000
Mackinac Island state park operation fund.............. 148,500
Marine safety fund..................................... 3,718,600
Michigan heritage publications fund.................... 22,300
Michigan natural resources trust fund.................. 1,870,700
Michigan state parks endowment fund.................... 26,541,300
Michigan state waterways fund.......................... 22,707,100
Michigan trailways fund................................ 200
Museum operations fund................................. 502,900
Nongame wildlife fund.................................. 483,400
Off-road vehicle safety education fund................. 203,500
Off-road vehicle trail improvement fund................ 7,068,700
Park improvement fund.................................. 53,201,700
Park improvement fund - Belle Isle subaccount.......... 800,000
Permanent snowmobile trail easement fund............... 700,000
Public use and replacement deed fees................... 27,500
Recreation improvement account......................... 1,123,100
Recreation passport fees............................... 8,296,400
Snowmobile registration fee revenue.................... 1,196,900
Snowmobile trail improvement fund...................... 9,024,700
Sportsmen against hunger fund.......................... 77,500
Total other state restricted revenues.................. 277,156,400
State general fund/general purpose..................... $ 39,810,000
Sec. 102. EXECUTIVE OPERATIONS
Full-time equated unclassified positions.......... 6.0
Full-time equated classified positions........... 11.6
Natural resources commission........................... $ 77,100
Unclassified salaries--6.0 FTE positions............... 754,000
Executive direction--11.6 FTE positions................ 2,120,700
GROSS APPROPRIATION.................................... $ 2,951,800
Appropriated from:
Special revenue funds:
Forest development fund................................ 364,800
Forest land user charges............................... 2,300
Forest recreation account.............................. 7,700
Game and fish protection fund.......................... 1,058,500
Game and fish protection fund - deer habitat reserve... 19,200
Game and fish protection fund - turkey permit fees..... 7,700
Game and fish protection fund - waterfowl fees......... 500
Game and fish protection fund - wildlife resource
protection fund...................................... 13,000
Land exchange facilitation fund........................ 10,400
Marine safety fund..................................... 46,600
Michigan natural resources trust fund.................. 1,400
Michigan state parks endowment fund.................... 363,000
Michigan state waterways fund.......................... 192,300
Nongame wildlife fund.................................. 3,900
Off-road vehicle safety education fund................. 400
Off-road vehicle trail improvement fund................ 82,900
Park improvement fund.................................. 457,300
Recreation improvement account......................... 12,400
Snowmobile registration fee revenue.................... 4,700
Snowmobile trail improvement fund...................... 17,100
Sportsmen against hunger fund.......................... 100
State general fund/general purpose .................... $ 285,600
Sec. 103. DEPARTMENT INITIATIVES
Full-time equated classified positions........... 16.0
Great Lakes restoration initiative..................... $ 5,500,000
Michigan conservation corps............................ 1,000,000
Invasive species prevention and control--16.0 FTE
positions............................................ 5,028,300
GROSS APPROPRIATION.................................... $ 11,528,300
Appropriated from:
Federal revenues:
Federal funds.......................................... 5,500,000
Special revenue funds:
State general fund/general purpose..................... $ 6,028,300
Sec. 104. DEPARTMENT SUPPORT SERVICES
Full-time equated classified positions.......... 109.5
Finance and operations--105.5 FTE positions............ $ 17,300,200
Accounting service center.............................. 1,480,400
Legislative and legal affairs--4.0 FTE positions....... 546,900
Building occupancy charges............................. 3,126,700
Rent - privately owned property........................ 488,400
Gifts and pass-through transactions.................... 5,000,000
GROSS APPROPRIATION.................................... $ 27,942,600
Appropriated from:
Interdepartmental grant revenues:
IDG, land acquisition services-to-work orders.......... 232,200
Federal revenues:
Federal funds.......................................... 329,700
Special revenue funds:
Private funds.......................................... 5,000,000
Clean Michigan initiative fund......................... 29,700
Forest development fund................................ 2,402,600
Forest land user charges............................... 4,900
Forest recreation account.............................. 43,800
Game and fish protection fund.......................... 5,898,100
Game and fish protection fund - deer habitat reserve... 136,400
Game and fish protection fund - turkey permit fees..... 70,100
Game and fish protection fund - waterfowl fees......... 2,900
Game and fish protection fund - wildlife resource
protection fund...................................... 28,100
Land exchange facilitation fund........................ 5,899,100
Local public recreation facilities fund................ 182,500
Marine safety fund..................................... 727,800
Michigan natural resources trust fund.................. 1,247,000
Michigan state parks endowment fund.................... 912,400
Michigan state waterways fund.......................... 572,200
Nongame wildlife fund.................................. 9,500
Off-road vehicle safety education fund................. 300
Off-road vehicle trail improvement fund................ 86,500
Park improvement fund.................................. 1,276,300
Public use and replacement deed fees................... 27,500
Recreation improvement account......................... 71,300
Snowmobile registration fee revenue.................... 43,500
Snowmobile trail improvement fund...................... 106,300
Sportsmen against hunger fund.......................... 400
State general fund/general purpose..................... $ 2,601,500
Sec. 105. COMMUNICATION AND CUSTOMER SERVICES
Full-time equated classified positions.......... 132.3
Marketing and outreach--80.8 FTE positions............. $ 13,653,700
Michigan historical center--51.5 FTE positions......... 5,576,300
Michigan wildlife council.............................. 1,600,000
GROSS APPROPRIATION.................................... $ 20,830,000
Appropriated from:
Federal revenues:
Federal funds.......................................... 1,722,600
Special revenue funds:
Private - Mann house trust fund........................ 15,000
Private funds.......................................... 396,200
Forest development fund................................ 131,900
Forest recreation account.............................. 16,300
Game and fish protection fund.......................... 8,288,800
Game and fish protection fund - wildlife management
public education fund................................ 1,600,000
Game and fish protection fund - youth hunting and
fishing education and outreach fund.................. 93,800
History fees fund...................................... 233,000
Land exchange facilitation fund........................ 45,800
Marine safety fund..................................... 35,600
Michigan heritage publications fund.................... 22,300
Michigan state parks endowment fund.................... 88,800
Michigan state waterways fund.......................... 146,700
Museum operations fund................................. 502,900
Nongame wildlife fund.................................. 10,500
Off-road vehicle trail improvement fund................ 31,100
Park improvement fund.................................. 2,785,400
Recreation passport fees............................... 23,800
Snowmobile registration fee revenue.................... 19,300
Snowmobile trail improvement fund...................... 45,100
Sportsmen against hunger fund.......................... 76,400
State general fund/general purpose..................... $ 4,498,700
Sec. 106. WILDLIFE MANAGEMENT
Full-time equated classified positions.......... 226.5
Wildlife management--217.5 FTE positions............... $ 37,007,300
Natural resources heritage--9.0 FTE positions.......... 632,900
GROSS APPROPRIATION.................................... $ 37,640,200
Appropriated from:
Federal revenues:
Federal funds.......................................... 20,326,800
Special revenue funds:
Private funds.......................................... 315,700
Cervidae licensing and inspection fees................. 85,400
Forest development fund................................ 77,600
Game and fish protection fund.......................... 11,870,000
Game and fish protection fund - deer habitat reserve... 1,710,100
Game and fish protection fund - turkey permit fees..... 896,800
Game and fish protection fund - waterfowl fees......... 115,700
Nongame wildlife fund.................................. 429,000
State general fund/general purpose..................... $ 1,813,100
Sec. 107. FISHERIES MANAGEMENT
Full-time equated classified positions.......... 221.5
Aquatic resource mitigation--2.0 FTE positions......... $ 629,300
Fish production--63.0 FTE positions.................... 10,194,000
Fisheries resource management--156.5 FTE positions..... 20,378,600
Cormorant population mitigation program................ 150,000
GROSS APPROPRIATION.................................... $ 31,351,900
Appropriated from:
Federal revenues:
Federal funds.......................................... 11,225,700
Special revenue funds:
Private funds.......................................... 136,200
Game and fish protection fund.......................... 18,951,500
Game and fish protection fund - fisheries settlement... 629,200
Invasive species fund.................................. 100
State general fund/general purpose..................... $ 409,200
Sec. 108. LAW ENFORCEMENT
Full-time equated classified positions.......... 273.0
General law enforcement--273.0 FTE positions........... $ 40,506,000
GROSS APPROPRIATION.................................... $ 40,506,000
Appropriated from:
Federal revenues:
Federal funds.......................................... 6,477,500
Special revenue funds:
Cervidae licensing and inspection fees................. 53,400
Forest development fund................................ 45,400
Forest recreation account.............................. 72,800
Game and fish protection fund.......................... 19,322,900
Game and fish protection fund - wildlife resource
protection fund...................................... 1,057,500
Marine safety fund..................................... 1,340,900
Michigan state parks endowment fund.................... 71,400
Michigan state waterways fund.......................... 21,700
Off-road vehicle safety education fund................. 156,000
Off-road vehicle trail improvement fund................ 1,693,800
Park improvement fund.................................. 72,800
Snowmobile registration fee revenue.................... 721,900
State general fund/general purpose..................... $ 9,398,000
Sec. 109. PARKS AND RECREATION DIVISION
Full-time equated classified positions.......... 902.9
MacMullan conference center--15.0 FTE positions........ $ 1,143,700
Recreational boating--163.5 FTE positions.............. 17,371,300
State parks--673.4 FTE positions....................... 66,487,900
Forest recreation and trails--51.0 FTE positions....... 6,189,400
State parks improvement revenue bonds - debt service... 1,188,800
Swimmer's itch pilot program........................... 250,000
GROSS APPROPRIATION.................................... $ 92,631,100
Appropriated from:
Interdepartmental grant revenues:
IDG, MacMullan conference center revenue............... 1,143,700
Federal revenues:
Federal funds.......................................... 1,750,500
Special revenue funds:
Private funds.......................................... 428,400
Forest recreation account.............................. 1,642,900
Michigan state parks endowment fund.................... 20,805,600
Michigan state waterways fund.......................... 16,239,000
Michigan trailways fund................................ 100
Off-road vehicle safety education fund................. 7,200
Off-road vehicle trail improvement fund................ 1,796,400
Park improvement fund.................................. 43,251,600
Park improvement fund - Belle Isle subaccount.......... 800,000
Recreation improvement account......................... 333,400
Recreation passport fees............................... 272,600
Snowmobile registration fee revenue.................... 15,800
Snowmobile trail improvement fund...................... 1,441,400
State general fund/general purpose..................... $ 2,702,500
Sec. 110. MACKINAC ISLAND STATE PARK COMMISSION
Full-time equated classified positions........... 17.0
Historical facilities system--13.0 FTE positions....... $ 1,573,000
Mackinac Island State Park operations--4.0 FTE
positions............................................ 352,100
GROSS APPROPRIATION.................................... $ 1,925,100
Appropriated from:
Special revenue funds:
Mackinac Island state park fund........................ 1,573,000
Mackinac Island state park operation fund.............. 148,500
State general fund/general purpose..................... $ 203,600
Sec. 111. FOREST RESOURCES DIVISION
Full-time equated classified positions.......... 326.5
Adopt-a-forest program................................. $ 25,000
Cooperative resource programs--11.0 FTE positions...... 1,547,100
Forest management and timber market
development--176.0 FTE positions..................... 31,134,300
Forest fire equipment.................................. 581,500
Wildfire protection--114.0 FTE positions............... 13,712,800
Forest management initiatives--8.5 FTE positions....... 854,100
Minerals management--17.0 FTE positions................ 2,828,600
GROSS APPROPRIATION.................................... $ 50,683,400
Appropriated from:
Federal revenues:
Federal funds.......................................... 4,273,300
Special revenue funds:
Private funds.......................................... 1,054,900
Commercial forest fund................................. 24,500
Fire equipment fund.................................... 668,700
Forest development fund................................ 32,599,800
Forest land user charges............................... 221,100
Game and fish protection fund.......................... 1,932,000
Michigan state parks endowment fund.................... 2,659,100
Michigan state waterways fund.......................... 50,900
State general fund/general purpose..................... $ 7,199,100
Sec. 112. GRANTS
Dam management grant program........................... $ 350,000
Deer habitat improvement partnership initiative........ 200,000
Federal - clean vessel act grants...................... 400,000
Federal - forest stewardship grants.................... 3,000,000
Federal - land and water conservation fund payments.... 2,566,900
Federal - rural community fire protection.............. 400,000
Federal - urban forestry grants........................ 1,600,000
Fisheries habitat improvement grants................... 1,250,000
Grants to communities - federal oil, gas, and timber
payments............................................. 3,450,000
Grants to counties - marine safety..................... 3,074,700
National recreational trails........................... 3,900,000
Nonmotorized trail development and maintenance grants.. 350,000
Off-road vehicle safety training grants................ 29,200
Off-road vehicle trail improvement grants.............. 3,356,200
Recreation improvement fund grants..................... 657,100
Recreation passport local grants....................... 1,500,000
Snowmobile law enforcement grants...................... 380,100
Snowmobile local grants program........................ 7,340,400
Trail easements........................................ 700,000
Wildlife habitat improvement grants.................... 1,500,000
GROSS APPROPRIATION.................................... $ 36,004,600
Appropriated from:
Federal revenues:
Federal funds.......................................... 16,884,300
Special revenue funds:
Private funds.......................................... 100,000
Game and fish protection fund.......................... 2,750,000
Game and fish protection fund - deer habitat reserve... 200,000
Local public recreation facilities fund................ 1,500,000
Marine safety fund..................................... 1,407,300
Off-road vehicle safety education fund................. 29,200
Off-road vehicle trail improvement fund................ 3,356,200
Permanent snowmobile trail easement fund............... 700,000
Recreation improvement account......................... 657,100
Snowmobile registration fee revenue.................... 380,100
Snowmobile trail improvement fund...................... 7,340,400
State general fund/general purpose..................... $ 700,000
Sec. 113. INFORMATION TECHNOLOGY
Information technology services and projects........... $ 10,284,000
GROSS APPROPRIATION.................................... $ 10,284,000
Appropriated from:
Special revenue funds:
Commercial forest fund................................. 2,100
Forest development fund................................ 1,566,300
Forest land user charges............................... 23,900
Forest recreation account.............................. 42,000
Game and fish protection fund.......................... 3,741,400
Game and fish protection fund - deer habitat reserve... 61,600
Game and fish protection fund - turkey permit fees..... 33,800
Game and fish protection fund - waterfowl fees......... 3,300
Game and fish protection fund - wildlife resource
protection fund...................................... 42,100
Game and fish protection fund - youth hunting and
fishing education and outreach fund.................. 2,000
Land exchange facilitation fund........................ 30,600
Marine safety fund..................................... 160,400
Michigan natural resources trust fund.................. 22,300
Michigan state parks endowment fund.................... 1,341,000
Michigan state waterways fund.......................... 484,200
Michigan trailways fund................................ 100
Nongame wildlife fund.................................. 30,500
Off-road vehicle safety education fund................. 10,400
Off-road vehicle trail improvement fund................ 21,800
Park improvement fund.................................. 1,358,300
Recreation improvement account......................... 48,900
Snowmobile registration fee revenue.................... 11,600
Snowmobile trail improvement fund...................... 74,400
Sportsmen against hunger fund.......................... 600
State general fund/general purpose..................... $ 1,170,400
Sec. 114. CAPITAL OUTLAY
(1) RECREATIONAL LANDS AND INFRASTRUCTURE
State parks repair and maintenance..................... $ 13,500,000
State game and wildlife area infrastructure............ 3,600,000
Forest development infrastructure...................... 2,000,000
GROSS APPROPRIATION.................................... $ 19,100,000
Appropriated from:
Federal revenues:
Federal funds.......................................... 2,700,000
Special revenue funds:
Forest development fund................................ 2,000,000
Game and fish protection fund.......................... 900,000
Park improvement fund.................................. 4,000,000
Recreation passport fees............................... 8,000,000
State general fund/general purpose..................... $ 1,500,000
(2) WATERWAYS BOATING PROGRAM
Local boating infrastructure maintenance and
improvements......................................... $ 658,000
State boating infrastructure maintenance............... 4,575,000
Munising, Alger County, marina improvements, dock
extension, floating pier, revetment wall
construction (total authorized cost is increased
from $2,894,800 to $3,594,800; federal share is
$1,500,000; state share is increased from $437,400
to $787,400; local share is increased from $957,400
to $1,307,400)....................................... 350,000
Harrisville, Alcona County, harbor pier repair,
reinforcement and bedecking, construction of
boater gathering area, phase I (total authorized
cost is $577,900; state share is $492,100; local
share is $85,800).................................... 492,100
GROSS APPROPRIATION.................................... $ 6,075,100
Appropriated from:
Federal revenues:
Federal funds.......................................... 1,075,000
Special revenue funds:
Michigan state waterways fund.......................... 5,000,100
State general fund/general purpose..................... $ 0
Sec. 115. ONE-TIME BASIS ONLY APPROPRIATIONS
Forestry investment.................................... $ 2,100,000
Invasive species (one-time)............................ 1,000,000
Land ownership tracking system......................... 4,000,000
Forest fire equipment (one-time)....................... 1,000,000
Fisheries resource management (one-time)............... 600,000
GROSS APPROPRIATION.................................... $ 8,700,000
Appropriated from:
Federal revenues:
Federal funds.......................................... 100,000
Special revenue funds:
Forest development fund................................ 5,100,000
Game and fish protection fund.......................... 300,000
Land exchange facilitation fund........................ 1,000,000
Michigan natural resources trust fund.................. 600,000
Michigan state parks endowment fund.................... 300,000
State general fund/general purpose .................... $ 1,300,000
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
FOR FISCAL YEAR 2016-2017
GENERAL SECTIONS
Sec. 201. Pursuant to section 30 of article IX of the state
constitution of 1963, total state spending from state resources
under part 1 for fiscal year 2016-2017 is $316,966,400.00 and state
spending from state resources to be paid to local units of
government for fiscal year 2016-2017 is $6,100,000.00. The itemized
statement below identifies appropriations from which spending to
local units of government will occur:
DEPARTMENT OF NATURAL RESOURCES
GRANTS
Dam management grant program........................... $ 175,000
Fisheries habitat improvement grants................... 200,000
Grants to counties – marine safety..................... 1,407,300
Nonmotorized trail development and maintenance grants.. 262,500
Off-road vehicle safety training grants................ 29,200
Off-road vehicle trail improvement grants.............. 530,100
Recreation improvement fund grants..................... 65,700
Recreation passport local grants....................... 1,500,000
Snowmobile law enforcement grants...................... 380,100
Wildlife habitat improvement grants.................... 50,000
CAPITAL OUTLAY
Waterways boating program.............................. $ 1,500,100
TOTAL.................................................. $ 6,100,000
Sec. 202. The appropriations authorized under this part and
part 1 are subject to the management and budget act, 1984 PA 431,
MCL 18.1101 to 18.1594.
Sec. 203. As used in this part and part 1:
(a) "Commission" means the natural resources commission.
(b) "Department" means the department of natural resources.
(c) "FTE" means full-time equated.
(d) "IDG" means interdepartmental grant.
Sec. 204. The departments and agencies receiving
appropriations in part 1 shall use the Internet to fulfill the
reporting requirements of this part. This requirement may include
transmission of reports via electronic mail to the recipients
identified for each reporting requirement, or it may include
placement of reports on an Internet or Intranet site.
Sec. 205. Funds appropriated in part 1 shall not be used for
the purchase of foreign goods or services, or both, if
competitively priced and of comparable quality American goods or
services, or both, are available. Preference shall be given to
goods or services, or both, manufactured or provided by Michigan
businesses if they are competitively priced and of comparable
quality. In addition, preference should be given to goods or
services, or both, that are manufactured or provided by Michigan
businesses owned and operated by veterans, if they are
competitively priced and of comparable quality.
Sec. 206. The director of the department shall take all
reasonable steps to ensure businesses in deprived and depressed
communities compete for and perform contracts to provide services
or supplies, or both. The director shall strongly encourage firms
with which the department contracts to subcontract with certified
businesses in depressed and deprived communities for services,
supplies, or both.
Sec. 207. The departments and agencies receiving
appropriations in part 1 shall prepare a report on out-of-state
travel expenses not later than January 1 of each year. The travel
report shall be a listing of all travel by classified and
unclassified employees outside this state in the immediately
preceding fiscal year that was funded in whole or in part with
funds appropriated in the department's budget. The report shall be
submitted to the senate and house appropriations committees, the
house and senate fiscal agencies, and the state budget director.
The report shall include the following information:
(a) The dates of each travel occurrence.
(b) The total transportation and related costs of each travel
occurrence, including the proportion funded with state general
fund/general purpose revenues, the proportion funded with state
restricted revenues, the proportion funded with federal revenues,
and the proportion funded with other revenues.
Sec. 208. Funds appropriated in this part and part 1 shall not
be used by a principal executive department, state agency, or
authority to hire a person to provide legal services that are the
responsibility of the attorney general. This prohibition does not
apply to legal services for bonding activities and for those
outside services that the attorney general authorizes.
Sec. 209. Not later than November 30, the state budget office
shall prepare and transmit a report that provides for estimates of
the total general fund/general purpose appropriation lapses at the
close of the prior fiscal year. This report shall summarize the
projected year-end general fund/general purpose appropriation
lapses by major departmental program or program areas. The report
shall be transmitted to the chairpersons of the senate and house
appropriations committees, and the senate and house fiscal
agencies.
Sec. 210. (1) In addition to the funds appropriated in part 1,
there is appropriated an amount not to exceed $3,000,000.00 for
federal contingency funds. These funds are not available for
expenditure until they have been transferred to another line item
in part 1 under section 393(2) of the management and budget act,
1984 PA 431, MCL 18.1393.
(2) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $10,000,000.00 for state
restricted contingency funds. These funds are not available for
expenditure until they have been transferred to another line item
in part 1 under section 393(2) of the management and budget act,
1984 PA 431, MCL 18.1393.
(3) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $100,000.00 for local
contingency funds. These funds are not available for expenditure
until they have been transferred to another line item in part 1
under section 393(2) of the management and budget act, 1984 PA 431,
MCL 18.1393.
(4) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $1,000,000.00 for private
contingency funds. These funds are not available for expenditure
until they have been transferred to another line item in part 1
under section 393(2) of the management and budget act, 1984 PA 431,
MCL 18.1393.
Sec. 211. The department shall cooperate with the department
of technology, management, and budget to maintain a searchable
website accessible by the public at no cost that includes, but is
not limited to, all of the following for each department or agency:
(a) Fiscal year-to-date expenditures by category.
(b) Fiscal year-to-date expenditures by appropriation unit.
(c) Fiscal year-to-date payments to a selected vendor,
including the vendor name, payment date, payment amount, and
payment description.
(d) The number of active department employees by job
classification.
(e) Job specifications and wage rates.
Sec. 212. Within 14 days after the release of the executive
budget recommendation, the department shall cooperate with the
state budget office to provide the senate and house appropriations
chairs, the senate and house appropriations subcommittees chairs,
and the senate and house fiscal agencies with an annual report on
estimated state restricted fund balances, state restricted fund
projected revenues, and state restricted fund expenditures for the
fiscal years ending September 30, 2016 and September 30, 2017.
Sec. 213. The department shall maintain, on a publicly
accessible website, a department scorecard that identifies, tracks,
and regularly updates key metrics that are used to monitor and
improve the agency's performance.
Sec. 214. Total authorized appropriations from all sources
under part 1 for legacy costs for the fiscal year ending September
30, 2017 are $47,567,500.00. From this amount, total agency
appropriations for pension-related legacy costs are estimated at
$26,375,000.00. Total agency appropriations for retiree health care
legacy costs are estimated at $21,192,500.00.
Sec. 215. Appropriations of state restricted game and fish
protection funds have been made in the following amounts to the
following departments and agencies:
Legislative auditor general............................ $ 31,300
Attorney general....................................... 751,100
Department of technology, management, and budget....... 464,500
Department of treasury................................. 2,925,200
Sec. 216. Pursuant to section 43703(3) of the natural
resources and environmental protection act, 1994 PA 451, MCL
324.43703, there is appropriated from the game and fish protection
trust fund to the game and fish protection account of the Michigan
conservation and recreation legacy fund, $6,000,000.00 for the
fiscal year ending September 30, 2017.
Sec. 217. In addition to the metrics required under section
447 of the management and budget act, 1984 PA 431, MCL 18.1447, for
each new program or program enhancement for which funds in excess
of $500,000.00 are appropriated in part 1, the department shall
provide not later than November 1, 2016 a list of program-specific
metrics intended to measure its performance based on a return on
taxpayer investment. The department shall deliver the program-
specific metrics to members of the senate and house subcommittees
that have subject matter jurisdiction for this budget, fiscal
agencies, and the state budget director. The department shall
provide an update on its progress in tracking program-specific
metrics and the status of program success at an appropriations
subcommittee meeting called for by the subcommittee chair.
Sec. 218. The department and agencies receiving appropriations
in part 1 shall receive and retain copies of all reports funded
from appropriations in part 1. Federal and state guidelines for
short-term and long-term retention of records shall be followed.
The department may electronically retain copies of reports unless
otherwise required by federal and state guidelines.
Sec. 219. Before January 31, 2017, the department, in
cooperation with the Michigan state waterways commission, shall
provide to the state budget director, the senate and house
appropriations subcommittees on natural resources, and the senate
and house fiscal agencies a list of projects completed by the
commission in fiscal year 2015-2016, including the county and
municipality in which each project is located.
Sec. 220. The department shall not take disciplinary action
against an employee for communicating with a member of the
legislature or his or her staff.
DEPARTMENT INITIATIVES
Sec. 251. From the amounts appropriated in part 1 for invasive
species prevention and control, the department shall allocate not
less than $3,600,000.00 for grants for the prevention, detection,
eradication, and control of invasive species.
DEPARTMENT SUPPORT SERVICES
Sec. 302. The department may charge land acquisition projects
appropriated for the fiscal year ending September 30, 2017, and for
prior fiscal years, a standard percentage fee to recover actual
costs, and may use the revenue derived to support the land
acquisition service charges provided for in part 1.
Sec. 303. As appropriated in part 1, the department may charge
both application fees and transaction fees related to the exchange
or sale of state-owned land or rights in land authorized by part 21
of the natural resources and environmental protection act, 1994 PA
451, MCL 324.2101 to 324.2162. The fees shall be set by the
director of the department at a rate which allows the department to
recover its costs for providing these services.
COMMUNICATION AND CUSTOMER SERVICES
Sec. 404. For the purposes of administering the museum store
as provided in section 7a of 1913 PA 271, MCL 399.7a, the
department is exempt from section 261 of the management and budget
act, 1984 PA 431, MCL 18.1261.
Sec. 405. As appropriated in part 1, proceeds in excess of
costs incurred in the conduct of auctions, sales, or transfers of
artifacts no longer considered suitable for the collections of the
state historical museum may be expended upon receipt for additional
material for the collection. The department shall notify the
chairpersons, vice chairpersons, and minority vice chairpersons of
the senate and house appropriations subcommittees on natural
resources 1 week prior to any auctions or sales. Any unexpended
funds may be carried forward into the next succeeding fiscal year.
Sec. 406. As appropriated in part 1, funds collected by the
department for historical markers; document reproduction and
services; conferences, admissions, workshops, and training classes;
and the use of specialized equipment, facilities, exhibits,
collections, and software shall be used for expenses necessary to
provide the required services. The department may charge fees for
the aforementioned services, including admission fees. Any
unexpended funds may be carried forward into the next succeeding
fiscal year.
Sec. 408. By October 21, 2016, the department shall submit to
the senate and house appropriations subcommittees on natural
resources a report on all land transactions approved by the
commission in the fiscal year ending September 30, 2016. For each
land transaction, the report shall include the size of the parcel,
the county and municipality in which the parcel is located, the
dollar amount of the transaction, the fund source affected by the
transaction, and whether the transaction is by purchase, public
auction, transfer, exchange, or conveyance.
WILDLIFE DIVISION
Sec. 503. From the funds appropriated in part 1, the
department shall produce a report detailing any efforts undertaken
to enforce the invasive species order on swine raised under the
husbandry of residents of this state. The report shall include fund
sources used and the amount of expenditures and shall be submitted
to the legislature by December 31, 2016.
Sec. 504. From the funds appropriated in part 1, the
department shall provide a report to the legislature on the use of
registration fees collected from privately owned cervid operations.
Appropriations in part 1 from cervidae licensing and inspection
fees shall not be used for anything other than work directly
related to the regulation of privately owned cervid operations in
this state.
FISHERIES DIVISION
Sec. 601. (1) From the appropriation in part 1 for aquatic
resource mitigation, not more than $758,000.00 shall be allocated
for grants to watershed councils, resource development councils,
soil conservation districts, local governmental units, and other
nonprofit organizations for stream habitat stabilization and soil
erosion control.
(2) The fisheries division in the department shall develop
priority and cost estimates for all projects recommended for grants
under subsection (1).
Sec. 602. As a condition of expenditure of fisheries
management appropriations under part 1, the department of natural
resources shall not impede the certification process for water
control structures on Michigan waterways. The department of natural
resources shall fund from funds appropriated in part 1 all non-
water-quality studies or requirements that the department requests
of either of the following:
(a) The department of environmental quality as a condition for
issuance of a certification under section 401 of the federal water
pollution control act, 33 USC 1341.
(b) The Federal Energy Regulatory Commission as a condition of
licensing under the federal power act, 16 USC 791a to 825r.
Sec. 603. The department shall provide a quarterly report to
the legislature on use of funding provided for cormorant
management. The department shall use general fund/general purpose
revenue for this purpose and submit revenue appropriated in part 1
for cormorant management to the United States Department of
Agriculture animal and plant health inspection service to allow for
increased taking of cormorants and their nests. If any funds
appropriated for cormorant management are retained by the
department, or other funds become available for this purpose, the
department shall use those funds to harass cormorants with the goal
of reducing foraging attempts on fish populations.
PARKS AND RECREATION DIVISION
Sec. 705. From the funds appropriated in part 1, the
department shall produce a report detailing a plan to address the
capital outlay and maintenance needs in state parks that are
identified in the department's fiscal year 2016-2017 capital outlay
5-year plan. The plan shall include a specific list of projects the
department has completed or intends to complete over the time
period reflected in the capital outlay 5-year plan. The report
shall be posted on the department's website and submitted to the
state budget office, the senate and house appropriations
subcommittees on natural resources, and the senate and house fiscal
agencies by January 1, 2017.
Sec. 706. The department shall work with the state budget
office to ensure that the funds appropriated in 2013 PA 102 for the
Grand River waterway study continue to be carried forward as a work
project under the management and budget act, 1984 PA 431, MCL
18.1101 to 18.1594, or until the project is complete.
FOREST RESOURCES DIVISION
Sec. 802. Of the funds appropriated in part 1, the department
shall, subject to the forest certification process, prescribe
treatment on 79,000 acres, prepare appropriate treatment for not
less than 67,500 acres at the current average rate of 12.5 to 15
cords per acre, and offer those cords for sale in the 2016-2017
fiscal year, provided that the department shall take into
consideration the impact of timber harvesting on wildlife habitat
and recreation uses. The department shall, subject to the forest
certification process, increase marking or treatment of hardwood
timber for sale and harvest by 10% over 2015-2016 fiscal year
levels. In addition, the department shall take into consideration
silvicultural analysis and report annually to the legislature on
plans and efforts to address factors limiting management of timber.
The department shall increase the number of prepared acres if it
appears that regional market demand requires increased volumes of
harvested timber. The department shall provide quarterly reports on
the number of acres treated, pursuant to this section, to the
senate and house appropriations subcommittees on natural resources
and the standing committees of the senate and house of
representatives with primary responsibility for natural resources
issues. The department shall complete and deliver these reports by
45 days after the end of the fiscal quarter.
Sec. 803. In addition to the money appropriated in part 1, the
department may receive and expend money from federal sources to
provide response to wildfires as required by a compact with the
federal government. If additional expenditure authorization is
required, the department shall notify the state budget office that
expenditure under this section is required. The department shall
notify the house and senate appropriations subcommittees on natural
resources and the house and senate fiscal agencies of the
expenditures under this section by November 1, 2017.
Sec. 805. The department shall spend amounts appropriated in
part 1 for forest-related activities to employ or contract for
sufficient foresters to mark timber, pursuant to section 802.
Sec. 807. (1) In addition to the funds appropriated in part 1,
there is appropriated from the disaster and emergency contingency
fund up to $800,000.00 to cover costs related to any disaster as
defined in section 2 of the emergency management act, 1976 PA 390,
MCL 30.402.
(2) Funds appropriated under subsection (1) shall not be
expended unless the state budget director recommends the
expenditure and the department notifies the house and senate
committees on appropriations. By December 1 each year, the
department shall provide a report to the senate and house fiscal
agencies and the state budget office on the use of the disaster and
emergency contingency fund during the prior fiscal year.
(3) If Federal Emergency Management Agency (FEMA)
reimbursement is approved for costs paid from the disaster and
emergency contingency fund, the federal revenue shall be deposited
into the disaster and emergency contingency fund.
(4) Unexpended and unencumbered funds remaining in the
disaster and emergency contingency fund at the close of the fiscal
year shall not lapse to the general fund and shall be carried
forward and be available for expenditures in subsequent fiscal
years.
Sec. 808. Using the funds appropriated in part 1, by April 1,
2017, the department shall develop a lawful and reasonable plan
designed to motivate lessees under state-granted oil and gas leases
past their primary term to undertake warranted new operations to
ensure that department-managed minerals are fully developed in an
orderly manner to increase and optimize production. The plan shall
be consistent with department procedure number 2306.E8.
Sec. 809. (1) From the increased funds appropriated in part 1
for forest fire equipment and forestry investment, the department
shall increase funding for the replacement of aging forest fire
suppression equipment that is in disrepair. The purpose of the
program expansion is to promote rapid, reliable response to
wildfires to protect life, property, and timber assets.
(2) The department shall identify specific outcomes and
performance metrics for this initiative, such as reducing average
wildfire response time.
LAW ENFORCEMENT
Sec. 901. The appropriation in part 1 for snowmobile law
enforcement grants shall be used by the department to provide
grants to county law enforcement agencies to enforce part 821 of
the natural resources and environmental protection act, 1994 PA
451, MCL 324.82101 to 324.82161, including rules promulgated under
that part and ordinances enacted pursuant to that part. The
department shall consider the number of enforcement hours and the
number of miles of snowmobile trails in each county in allocating
these grants. Any funds not distributed to counties revert back to
the snowmobile registration fee subaccount created under section
82111 of the natural resources and environmental protection act,
1994 PA 451, MCL 324.82111. Counties shall provide semiannual
reports to the department on the use of grant money received under
this section.
Sec. 902. The department shall provide a report on the marine
safety grant program to the senate and house appropriations
subcommittees on natural resources and the senate and house fiscal
agencies by December 1, 2016. The report shall include the
following information for the preceding year: the total amount of
revenue received for watercraft registrations, the amount deposited
into the marine safety fund, and the expenditures made from the
marine safety fund, including the amounts expended for department
administration, other state agencies, the law enforcement division,
and grants to counties. The report shall also include the
distribution methodology used by the department to distribute the
marine safety grants and a list of the grants and the amounts
awarded by county.
GRANTS
Sec. 1001. Federal pass-through funds to local institutions
and governments that are received in amounts in addition to those
included in part 1 for grants to communities - federal oil, gas,
and timber payments and that do not require additional state
matching funds are appropriated for the purposes intended. By
November 30, 2016, 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, 2016.
CAPITAL OUTLAY
Sec. 1103. The appropriations in part 1 for capital outlay
shall be carried forward at the end of the fiscal year consistent
with the provisions of section 248 of the management and budget
act, 1984 PA 431, MCL 18.1248.
ONE-TIME BASIS ONLY APPROPRIATIONS
Sec. 1201. (1) From the increased funds appropriated in part 1
for forest management and timber market development, the department
shall increase the harvest of timber on state forestlands. The
purpose of this program expansion is to strategically invest in
technology enhancements to expand the growth of the forest products
economy.
(2) The department shall identify specific outcomes and
performance metrics for this initiative, such as adding online
services to increase access to state government.
Sec. 1202. (1) From the increased funds appropriated in part 1
for land ownership tracking system, the department shall establish
a replacement electronic system to facilitate state land records
management. The purpose of this new project is to increase access
to public land records and to integrate antiquated systems.
(2) The department shall identify specific outcomes and
performance metrics for this initiative, such as adding online
services to increase access to state government.
Sec. 1203. (1) From the increased funds appropriated in part 1
for invasive species prevention and control, the department shall
increase funding available for the interdepartmental invasive
species program. The purpose of this program expansion is to
prevent, detect, eradicate, and control invasive species.
(2) The department shall identify specific outcomes and
Senate Bill No. 800 as amended May 4, 2016
performance metrics for this initiative, such as prevention and
mitigation of confirmed cases of silver and bighead carp in
Michigan's waterways.
ARTICLE XVI
DEPARTMENT OF STATE POLICE
PART 1
LINE-ITEM APPROPRIATIONS
Sec. 101. There is appropriated for the department of state
police for the fiscal year ending September 30, 2017, from the
following funds:
DEPARTMENT OF STATE POLICE
APPROPRIATION SUMMARY
Full-time equated unclassified positions.......... 3.0
Full-time equated classified positions........ 3,269.0
GROSS APPROPRIATION.................................... $ <<662,556,500>>
Total interdepartmental grants and intradepartmental
transfers............................................ 26,580,400
Schedule of interdepartmental grants and
intradepartmental transfer revenue sources:
IDG-MDOC, contract............................ 344,200
IDG-MDOS...................................... 369,900
IDG-MDOT, state trunkline fund............. 11,627,600
IDG-MDTR, casino gaming fees................ 6,174,100
IDG-MDTR, emergency telephone fund
coordinator.................................. 689,900
Senate Bill No. 800 as amended May 4, 2016
IDG-MDTR, emergency telephone fund operations. 750,800
IDG, training academy charges............... 2,858,700
IDT, auto theft funds......................... 766,500
IDT, Michigan justice training fund......... 1,050,000
IDT, truck safety fund...................... 1,948,700
ADJUSTED GROSS APPROPRIATION........................... $ <<635,976,100>>
Total federal revenues................................. 87,967,800
Schedule of federal revenue sources:
DHS........................................ 42,048,600
DOJ........................................ 12,583,300
DOJ interest bearing........................ 8,169,100
DOT........................................ 23,526,700
Federal investigations - reimbursed
services................................... 1,096,000
Federal narcotics investigation revenues...... 544,100
Total local revenues................................... 5,828,500
Schedule of local revenue sources:
Local - AFIS fees.............................. 82,500
Local - LEIN fees........................... 1,030,900
Local - SRMS fees............................. 915,300
Local - reimbursed services................. 2,079,000
Local - school bus revenue.................. 1,720,800
Total private revenues................................. 78,100
Schedule of private revenue sources:
Private donations.............................. 78,100
Total other state restricted revenues.................. 126,358,500
Schedule of restricted revenue sources:
Auto theft prevention fund.................. 7,698,200
CJIC service fees.......................... 23,127,500
Drunk driving prevention and training fund.. 1,461,700
Forensic science reimbursement fees......... 1,528,500
Forfeiture funds.............................. 100,600
Hazardous materials training center fees.... 1,193,900
Highway safety fund........................ 11,291,600
Licensing fees.................................. 9,100
Michigan justice training fund.............. 8,465,300
Michigan merit award trust fund............... 805,500
Motor carrier fees.......................... 7,843,800
Narcotics-related forfeiture revenue.......... 826,500
Nuclear plant emergency planning
reimbursement.............................. 2,695,100
Precision driving track fees.................. 327,900
Reimbursed services......................... 1,270,800
Rental of department aircraft.................. 59,900
Secondary road patrol and training fund.... 12,287,900
Sex offenders registration fund............... 628,100
State forensic laboratory fund.............. 1,826,100
State police service fees................... 2,307,000
State services fee fund..................... 8,058,300
Tobacco tax revenue......................... 4,504,600
Traffic crash revenue......................... 338,300
Traffic law enforcement and safety fund.... 25,680,800
Trooper school recruitment fund................. 1,100
Truck driver safety fund.................... 2,020,400
Senate Bill No. 800 as amended May 4, 2016
State general fund/general purpose..................... $ <<415,743,200>>
State general fund/general purpose schedule:
Ongoing state general fund/general
purpose.............................. <<399,993,200>>
One-time state general fund/general
purpose................................... 15,750,000
Sec. 102. UNCLASSIFIED POSITIONS
Full-time equated unclassified positions.......... 3.0
Unclassified positions................................. $ 600,200
GROSS APPROPRIATION.................................... $ 600,200
Appropriated from:
Interdepartmental grant revenues....................... 7,400
State restricted revenues.............................. 388,100
State general fund/general purpose..................... $ 204,700
Sec. 103. EXECUTIVE DIRECTION AND DEPARTMENTAL SERVICES
Full-time equated classified positions.......... 103.0
Executive and departmental services.................... $ 78,051,300
GROSS APPROPRIATION.................................... $ 78,051,300
Appropriated from:
Interdepartmental grant revenues....................... 769,100
Federal revenues....................................... 1,328,000
Local revenues......................................... 1,133,100
State restricted revenues.............................. 12,231,400
State general fund/general purpose..................... $ 62,589,700
Schedule of programs:
Departmentwide............................. 38,607,700
Departmental services....................... 7,001,900
Senate Bill No. 800 as amended May 4, 2016
Executive direction......................... 8,015,800
Information technology services and
projects.................................. 24,425,900
Sec. 104. LAW ENFORCEMENT SERVICES
Full-time equated classified positions.......... 509.0
Law enforcement services............................... $ << 101,532,500>>
GROSS APPROPRIATION.................................... $ <<101,532,500>>
Appropriated from:
Interdepartmental grant revenues....................... 6,216,500
Federal revenues....................................... 17,261,400
Local revenues......................................... 915,300
State restricted revenues.............................. 35,084,000
State general fund/general purpose..................... $ <<42,055,300>>
Schedule of programs:
Biometrics and identification............... 8,145,400
Criminal justice information center........ 18,485,400
Forensic science........................... 42,087,100
Grants and community services.............. 17,584,000
Training................................... 13,030,600
<<Smart 911............................... 2,200,000>>
Sec. 105. COMMISSION ON LAW ENFORCEMENT STANDARDS
Full-time equated classified positions........... 18.0
Commission on law enforcement standards................ $ 9,899,700
GROSS APPROPRIATION.................................... $ 9,899,700
Appropriated from:
Federal revenues....................................... 175,700
State restricted revenues.............................. 8,830,700
State general fund/general purpose..................... $ 893,300
Schedule of programs:
Public safety officers benefit program........ 151,100
Standards and training/justice training
grants..................................... 9,094,500
Training only to local units.................. 654,100
Sec. 106. FIELD SERVICES
Full-time equated classified positions........ 2,124.0
Field services......................................... $ 318,883,300
GROSS APPROPRIATION.................................... $ 318,883,300
Appropriated from:
Interdepartmental grant revenues....................... 6,776,800
Federal revenues....................................... 6,590,000
Local revenues......................................... 2,079,000
State restricted revenues.............................. 44,556,900
State general fund/general purpose..................... $ 258,880,600
Schedule of programs:
Casino gaming oversight..................... 6,012,000
General law enforcement and criminal
investigations........................... 306,775,500
Tobacco tax fraud investigations............ 5,295,700
Roadside saliva testing pilot project............. 100
Michigan International Speedway traffic
control...................................... 800,000
Sec. 107. SPECIALIZED SERVICES
Full-time equated classified positions.......... 514.0
Specialized services................................... $ 126,771,500
GROSS APPROPRIATION.................................... $ 126,771,500
Appropriated from:
Interdepartmental grant revenues....................... 12,810,600
Federal revenues....................................... 62,612,700
Local revenues......................................... 1,701,100
Private revenues....................................... 78,100
State restricted revenues.............................. 14,199,400
State general fund/general purpose..................... $ 35,369,600
Schedule of programs:
Commercial vehicle enforcement............. 28,378,700
Emergency management and homeland
security.................................. 50,048,200
Highway safety planning.................... 16,130,000
Special operations......................... 32,214,600
Sec. 108. SECONDARY ROAD PATROL
Full-time equated classified positions............ 1.0
Secondary road patrol.................................. $ 11,068,000
GROSS APPROPRIATION.................................... $ 11,068,000
Appropriated from:
State restricted revenues.............................. 11,068,000
State general fund/general purpose..................... $ 0
Sec. 109. ONE-TIME APPROPRIATIONS
One-time appropriations................................ $ 15,750,000
GROSS APPROPRIATION.................................... $ 15,750,000
Appropriated from:
State general fund/general purpose..................... $ 15,750,000
Schedule of programs:
Disaster and emergency contingency fund..... 5,500,000
Homeland security - energy disaster........... 750,000
School safety initiative.................... 4,000,000
Sexual assault prevention and education
initiative................................... 500,000
Trooper school.............................. 4,500,000
Drone restrictions enforcement study.......... 500,000
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
FOR FISCAL YEAR 2016-2017
GENERAL SECTIONS
Sec. 201. Pursuant to section 30 of article IX of the state
constitution of 1963, total state spending from state resources
under part 1 for fiscal year 2016-2017 is $539,901,700.00 and state
spending from state resources to be paid to local units of
government for fiscal year 2016-2017 is $19,198,900.00. The
itemized statement below identifies appropriations from which
spending to local units of government will occur:
DEPARTMENT OF STATE POLICE
Commission on law enforcement standards.............. $ 3,559,700
Specialized services................................. 681,900
Secondary road patrol program........................ 10,957,300
School safety initiative............................. 4,000,000
TOTAL.................................................. $ 19,198,900
Sec. 202. The appropriations authorized under this part and
part 1 are subject to the management and budget act, 1984 PA 431,
MCL 18.1101 to 18.1594.
Sec. 203. As used in this part and part 1:
(a) "AFIS" means the automated fingerprint identification
system.
(b) "CJIC" means the criminal justice information center.
(c) "CJIS" means Criminal Justice Information Systems.
(d) "Core service" means that phrase as defined in section 373
of the management and budget act, 1984 PA 431, MCL 18.1373.
(e) "Department" means the department of state police.
(f) "Director" means the director of the department.
(g) "DHS" means the United States Department of Homeland
Security.
(h) "DNA" means deoxyribonucleic acid.
(i) "DOJ" means the United States Department of Justice.
(j) "DOT" means the United States Department of
Transportation.
(k) "DTMB" means the department of technology, management, and
budget.
(l) "FEMA" means the Federal Emergency Management Agency.
(m) "FTE" means full-time equated.
(n) "IDG" means interdepartmental grant.
(o) "IDT" means intradepartmental transfer.
(p) "LEIN" means the law enforcement information network.
(q) "MCOLES" means Michigan commission on law enforcement
standards.
(r) "MDOC" means the Michigan department of corrections.
(s) "MDOS" means the Michigan department of state.
(t) "MDOT" means the Michigan department of transportation.
(u) "MDTR" means the Michigan department of treasury.
(v) "SRMS" means state records management system.
(w) "Subcommittees" means all members of the subcommittees of
the senate and house standing committees on appropriations with
jurisdiction over the budget for the department.
(x) "Support service" means an activity required to support
the ongoing delivery of core services.
(y) "Work project" means that term as defined in section 404
of the management and budget act, 1984 PA 431, MCL 18.1404, and
that meets the criteria in section 451a(1) of the management and
budget act, 1984 PA 431, MCL 18.1451a.
Sec. 204. The following are the appropriations from part 1 for
interdepartmental grant funds received by the department from
sources outside the department: $2,858,700.00 from training academy
charges; $344,200.00 from the department of corrections contract;
$369,900.00 from the department of state; $11,627,600.00 from the
department of transportation - state trunkline funds; $6,174,100.00
from casino gaming fees; $689,900.00 from the department of
treasury - emergency telephone fund coordinator; and $750,800.00
from the department of treasury - emergency telephone fund
operations.
Sec. 205. (1) The following are the appropriations from part 1
for interdepartmental grant funds made from the department to other
departments:
Attorney general - operations.......................... $ 257,300
Environmental quality.................................. 1,744,500
Military and veterans affairs.......................... 101,800
DTMB – building occupancy charges...................... 8,770,100
DTMB – accounting service center....................... 1,058,500
DTMB – information technology.......................... 24,425,900
(2) 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. 206. (1) In addition to the funds appropriated in part 1,
there is appropriated an amount not to exceed $10,000,000.00 for
federal contingency funds. These funds are not available for
expenditure until they have been transferred to another line item
in part 1 under section 393(2) of the management and budget act,
1984 PA 431, MCL 18.1393.
(2) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $3,500,000.00 for state
restricted contingency funds. These funds are not available for
expenditure until they have been transferred to another line item
in part 1 under section 393(2) of the management and budget act,
1984 PA 431, MCL 18.1393.
(3) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $1,000,000.00 for local
contingency funds. These funds are not available for expenditure
until they have been transferred to another line item in part 1
under section 393(2) of the management and budget act, 1984 PA 431,
MCL 18.1393.
(4) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $200,000.00 for private
contingency funds. These funds are not available for expenditure
until they have been transferred to another line item in part 1
under section 393(2) of the management and budget act, 1984 PA 431,
MCL 18.1393.
Sec. 207. The department shall cooperate with the department
of technology, management, and budget to maintain a searchable
website that is accessible by the public at no cost that includes,
but is not limited to, all of the following:
(a) Fiscal year-to-date expenditures by category.
(b) Fiscal year-to-date expenditures by appropriation unit.
(c) Fiscal year-to-date payments to a selected vendor,
including the vendor name, payment date, payment amount, and
payment description.
(d) The number of active department employees by job
classification.
(e) Job specifications and wage rates.
Sec. 208. The department and agencies receiving appropriations
in part 1 shall use the Internet to fulfill the reporting
requirements of this part. This requirement may include
transmission of reports via electronic mail to the recipients
identified for each reporting requirement, or it may include
placement of reports on an Internet or Intranet site.
Sec. 209. Funds appropriated in part 1 and this part shall not
be used for the purchase of foreign goods or services, or both, if
competitively priced and of comparable quality American goods or
services, or both, are available. Preference shall be given to
goods or services, or both, manufactured or provided by Michigan
businesses, if they are competitively priced and of comparable
quality. In addition, preference shall be given to goods or
services, or both, that are manufactured or provided by Michigan
businesses owned and operated by veterans, if they are
competitively priced and of comparable quality.
Sec. 210. The department 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, for
the department. The director of the department shall strongly
encourage firms with which the department contracts to subcontract
with certified businesses in depressed and deprived communities for
services or supplies, or both.
Sec. 215. A department or state agency shall not take
disciplinary action against an employee for communicating with a
member of the legislature or his or her staff.
Sec. 216. (1) Notwithstanding any other provision of this
part, the schedule of programs in part 1 lists programs which may
be, but are not required to be, funded under this part or part 1.
(2) Notwithstanding any other provisions of this part, the
schedule of revenue sources in part 1 may or may not be received
from the funding entities listed or in the amounts listed.
(3) The secondary road patrol funding is not subject to
funding flexibility and shall be funded in accordance with section
629e of the Michigan vehicle code, 1949 PA 300, MCL 257.629e.
(4) Any funding required by statute is not subject to funding
flexibility and shall be funded in accordance with that statute.
Sec. 218. The departments and agencies receiving
appropriations in part 1 shall prepare a report on out-of-state
travel expenses not later than January 1 of each year. The travel
report shall be a listing of all travel by classified and
unclassified employees outside this state in the immediately
preceding fiscal year that was funded in whole or in part with
funds appropriated in the department's budget. The report shall be
submitted to the senate and house appropriations committees, the
senate and house fiscal agencies, and the state budget director.
The report shall include the following information:
(a) The dates of each travel occurrence.
(b) The total transportation and related costs of each travel
occurrence, including the proportion funded with state general
fund/general purpose revenues, the proportion funded with state
restricted revenues, the proportion funded with federal revenues,
and the proportion funded with other revenues.
Sec. 219. (1) The department shall provide quarterly reports
to the subcommittees, the senate and house fiscal agencies, and the
state budget office that provide the following data:
(a) A list of major work projects, including the status of
each project.
(b) The department's financial status, featuring a report of
budgeted versus actual expenditures by part 1 line item including a
year-end projection of budget requirements. If projected department
budget requirements exceed the allocated budget, the report shall
include a plan to reduce overall expenses while still satisfying
specified service level requirements.
(c) A report on the performance metrics cited or information
required to be reported in this part, reasons for nonachievement of
metric targets, and proposed corrective actions.
(2) The department shall provide a summary of fund shifts,
that have been approved by the state budget office, that have
occurred between items listed in the schedule of programs on a
quarterly basis to the subcommittees and the senate and house
fiscal agencies.
Sec. 221. The appropriations in part 1 are for the core
services, support services, and work projects of the department,
including, but not limited to, the following core services:
(a) State security operations, including State Capitol Complex
security.
(b) Training.
(c) Commission on law enforcement standards.
(d) Criminal justice information systems.
(e) Forensic analysis and biometric identification, including
laboratory operations, DNA analysis program, and biometrics and
identification.
(f) General law enforcement and traffic safety.
(g) Criminal investigations, including tobacco tax fraud
investigations and fire investigations.
(h) Special operations.
(i) Commercial vehicle regulation and enforcement.
(j) Emergency management and homeland security.
(k) Highway safety planning.
(l) Secondary road patrol program.
Sec. 222. The department shall notify the subcommittees, the
chairpersons of the senate and house standing committees on
appropriations, and the senate and house fiscal agencies not less
than 90 days before recommending to close or consolidate any state
police posts. The notification shall include a local and state
impact study of the proposed post closure or consolidation.
Sec. 223. At least 90 days before beginning any effort to
privatize, the department shall submit a complete project plan to
the subcommittees and the senate and house fiscal agencies. The
plan shall include the criteria under which the privatization
initiative will be evaluated. The evaluation shall be completed and
submitted to the subcommittees and the senate and house fiscal
agencies within 30 months.
Sec. 224. Funds appropriated in part 1 or this part shall not
be used by a principal executive department, state agency, or
authority to hire a person to provide legal services that are the
responsibility of the attorney general. This prohibition does not
apply to legal services for bonding activities and for those
activities that the attorney general authorizes.
Sec. 226. (1) When the department provides contractual
services to a local unit of government, the department shall be
reimbursed for all costs incurred in providing the services,
including, but not limited to, retirement and overtime costs.
(2) The department shall define service cost models for those
services requiring reimbursement.
(3) Contractual services provided to an entity other than a
local unit of government may be provided by department personnel,
but only on an overtime basis outside the normal work schedule of
the personnel.
(4) This section does not apply to services provided to state
agencies.
Sec. 228. 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 appropriations lapses at the
close of the prior fiscal year. This report shall summarize the
projected year-end general fund/general purpose appropriations
lapses by major departmental program or program areas. The report
shall be transmitted to the office of the state budget, the
chairpersons of the senate and house appropriations committees, the
subcommittees, and the senate and house fiscal agencies.
Sec. 229. Within 14 days after the release of the executive
budget recommendation, the department shall cooperate with the
state budget office to provide the senate and house appropriations
chairs, the subcommittees, 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 preceding and current fiscal years.
Sec. 230. 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. 232. The department shall serve as an active liaison
between the DTMB and state, local, regional, and federal public
safety agencies on matters pertaining to the Michigan public safety
communications system and shall report user issues to the DTMB.
Sec. 233. Total authorized appropriations from all sources
under part 1 for legacy costs for the fiscal year ending September
30, 2017 are $133,307,100.00. From this amount, total agency
appropriations for pension-related legacy costs are estimated at
$71,007,700.00 and total agency appropriations for retiree health
care legacy costs are estimated at $62,299,400.00.
Sec. 238. Money privately donated to the department is
appropriated under part 1 to be used for the purposes designated by
the donor of the money, if specified.
Sec. 240. In addition to the metrics required under section
447 of the management and budget act, 1984 PA 431, MCL 18.1447, for
each new program or program enhancement for which funds in excess
of $500,000.00 are appropriated in part 1, the department shall
provide not later than November 1, 2016 a list of program-specific
metrics intended to measure its performance based on a return on
taxpayer investment. The department shall deliver the program-
specific metrics to members of the senate and house subcommittees
that have subject matter jurisdiction for this budget, fiscal
agencies, and the state budget director. The department shall
provide an update on its progress in tracking program-specific
metrics and the status of program success at an appropriations
subcommittee meeting called for by the subcommittee chair.
EXECUTIVE DIRECTION AND DEPARTMENTAL SERVICES
Sec. 301. (1) The department shall provide security services
at the State Capitol Complex facilities and the State Secondary
Complex as provided under section 6c of 1935 PA 59, MCL 28.6c.
(2) The department shall maintain the staff and resources
necessary to respond to emergencies at the State Capitol Complex,
State Secondary Complex, House Office Building, Farnum Building,
Capitol parking lot, Townsend Parking Ramp, the Roosevelt Parking
Ramp, and other areas as directed.
(3) The department shall pursue federal grants to improve the
security at the Capitol Building.
(4) The department may develop a phased approach for improving
security at the Capitol Building.
(5) The department shall maintain a goal of annually
conducting 35,000 property inspections of state owned and leased
facilities.
Sec. 304. The department shall provide administrative support
for department operations, as provided under the management and
budget act, 1984 PA 431, MCL 18.1101 to 18.1594, including the
following:
(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) Asset forfeiture reporting requirements.
(d) Oversight and administration of 9-1-1 operations
statewide.
LAW ENFORCEMENT SERVICES
Sec. 401. (1) The department shall maintain the staffing and
resources necessary to exercise the authority, powers, functions,
and responsibilities concerning the development and delivery of
professional, innovative, and quality training that supports the
enforcement and public safety efforts of the criminal justice
community.
(2) The department shall provide performance data as provided
under section 219 for average classroom occupancy rate, with an
annual goal of 55%.
(3) The department shall submit a report to the subcommittees
and the senate and house fiscal agencies within 60 days of the
conclusion of any trooper, motor carrier, or state properties
security recruit school. The report shall include the following:
(a) The number of veterans and the number of MCOLES-certified
police officers who were admitted to and the number who graduated
from the recruit school.
(b) The total number of recruits who were admitted to the
school, the number of recruits who graduated from the school, and
the location at which each of these recruits is assigned.
(4) The department shall distribute and review course
evaluations to ensure that quality training is provided.
Sec. 402. (1) In accordance with applicable state and federal
laws and regulations, the department shall maintain and ensure
compliance with CJIS databases and applications in the support of
public safety and law enforcement communities.
(2) The department shall improve the accuracy, timeliness, and
completeness of criminal history information by conducting a
minimum of 30 outreach activities targeted to criminal justice
agencies.
(3) The department shall provide for the compilation of crime
statistics consistent with the uniform crime reporting (UCR)
program and the national incident-based report system (NIBRS).
(4) The department shall provide for the compilation and
evaluation of traffic crash reports and the maintenance of the
state accident data collection system.
(5) The department shall make traffic crash information
available to the public at a reasonable cost. For bulk access to
the accident records in which the vehicle identification number has
been collected and computerized, the department shall make those
records available to the public at cost, provided that the name and
address have been excluded.
(6) In accordance with applicable state and federal laws and
regulations, the department shall provide for the maintenance and
dissemination of criminal history records and juvenile records,
including to the extent necessary to exchange criminal history
records information with the Federal Bureau of Investigation and
other states through the interstate identification index, the
National Crime Information Center, and other federal CJIS databases
and indices.
(7) In accordance with applicable state and federal laws, the
department shall provide for the maintenance of records, including
criminal history records regarding firearms licensure.
(8) The department shall provide to the legislature a report
on concealed pistol licensing not later than December 1, 2017 that
includes all of the following:
(a) The department's actual revenue received from fees paid
for concealed pistol license (CPL) applications for fiscal year
2016-2017 and the uses of that revenue.
(b) The department's fiscal year 2016-2017 costs for
administering its concealed pistol licensing responsibilities under
1927 PA 372, MCL 28.421 to 28.435, but not including costs related
to the administration of other state statutes, or requirements of
federal law.
(9) The department shall maintain the staff and resources
necessary to maintain the sex offender registry and enforce the
registration requirements as provided by law.
(10) The department shall provide information on the number of
background checks processed through the Internet criminal history
access tool (ICHAT) as provided in section 219.
(11) The following unexpended and unencumbered revenues
deposited into the criminal justice information service fee fund
shall not lapse to the general fund, but shall be carried forward
into the subsequent fiscal year:
(a) Fees for fingerprinting and criminal record checks and
name-based criminal record checks pursuant to 1935 PA 120, MCL
28.271 to 28.273.
(b) Fees for application and licensing for initial and renewal
concealed pistol licenses pursuant to 1927 PA 372, MCL 28.421 to
28.435.
(c) Fees for searching, copying, and providing public records
pursuant to the freedom of information act, 1976 PA 442, MCL 15.231
to 15.246.
(d) Revenue from other sources, including, but not limited to,
investment and interest earnings.
(12) Unexpended and unencumbered revenue generated by state
records management system fees shall not lapse to the general fund,
but shall be carried forward into the subsequent fiscal year.
Sec. 403. (1) The department shall provide forensic testing
services to aid in criminal investigations.
(2) The department shall ensure its ability to maintain
accreditation by the American Society of Crime Laboratory
Directors/Laboratory Accreditation Board (ASCLD/LAB), or other
federally designated accrediting agency, as provided under 42 USC
14132.
(3) The department shall provide forensic science services
with an average turnaround time of 55 days, assuming an annual
caseload volume commensurate with that received in fiscal year
2012-2013, and shall achieve a goal of a 30-day average turnaround
time across all forensic science disciplines by December 31, 2017.
(4) The department shall provide the following data as
provided in section 219:
(a) The average turnaround time for processing forensic
evidence across all disciplines.
(b) Forensic laboratory staffing levels, including scientists
in training, and vacancies.
(c) The number of backlogged cases in each discipline.
(5) The department shall maintain the staffing and resources
necessary to provide forensic laboratory services with a goal of
decreasing firearms backlog annually until the department maintains
a 30-day turnaround time across all disciplines.
(6) The department shall maintain the staffing and resources
necessary to provide forensic laboratory services with a goal of
decreasing toxicology backlog annually until the department
maintains a 30-day turnaround time across all disciplines.
(7) The department shall explore an information technology
interface between the Michigan state police forensic science
division and at least 1 judicial system. This interface shall allow
state police forensic scientists to triage their investigations
based upon the status of judicial casework and allow court
officials to obtain the status of forensic studies pertinent to the
cases before their court. The interface should be scalable to
support all judicial systems throughout the state and be designed
in such a way as to allow courts to retain their current case
management system and still access the forensic science case data
if so desired.
(8) The department shall provide for the forensic testing and
analysis/profiling of DNA evidence to aid criminal investigations
by law enforcement agencies in this state.
(9) 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.
(10) The department shall maintain the staffing and resources
necessary to provide DNA analysis services with a goal of
decreasing backlogs of biology/DNA cases annually until the
department maintains a 30-day turnaround time across all
disciplines.
Sec. 404. (1) The biometrics and identification division shall
house and manage the automated fingerprint identification system
(AFIS), the statewide network of agency photographs (SNAP), and
combined offender DNA index system (CODIS) biometric databases.
(2) The department shall provide data on the number of 10-
print and palm-print submissions to the AFIS database, with a goal
of at least 97% of submissions provided electronically as provided
in section 219.
(3) The department shall maintain the staffing and resources
necessary to have a 28-day average wait time for scheduling a
polygraph examination, assuming an annual caseload received
commensurate with fiscal year 2012-2013, with a goal of achieving a
15-day average wait time.
Sec. 405. Not later than October 31 of the subsequent fiscal
year, the department shall submit a report to the subcommittees and
senate and house fiscal agencies that shall include, but is not
limited to, all of the following information:
(a) Sexual assault kit analysis backlog at the beginning of
the current fiscal year.
(b) The number of sexual assault kits collected or submitted
for analysis during the current fiscal year.
(c) The number of sexual assault kits analyzed and the number
of associated DNA profiles created and uploaded during the current
fiscal year.
(d) Sexual assault kit analysis backlog at the ending of the
Senate Bill No. 800 as amended May 4, 2016
current fiscal year.
(e) The average turnaround time to analyze sexual assault kits
and to create and upload associated DNA profiles for the current
fiscal year.
<<Sec. 406 The appropriation in part 1 for smart 911 shall be
for the purpose of implementing a statewide public safety emergency
information portal (PSEIP) system; a hosted national supplemental 911
database containing relevant public safety information entered by
individuals via a secure web site. Information in the data base
shall be updated twice annually and be automatically delivered to
public safety answering points which shall make the information
available to first responders in emergency scenarios when a 9-1-1
call is placed. The PSEIP shall collect additional data regarding
the protection of critical infrastructure, including the virtualized
collection of facility information including, but not limited to
floorplans, location of hazardous materials and other information
that can be utilized by public safety agencies in the event of an
incident within a facility. PSEIP services shall be provided at no
cost to residents, shall be made available throughout the state and
be compliant with all accessibility elements of section 508 of the
rehabilitation act of 1973 as amended, 29 U.S.C. § 794 (d). The
appropriation shall be for the purpose of defraying the initial
costs associated with implementation of the PSEIP system, including
license, installation, support, training, and maintenance costs.>>
COMMISSION ON LAW ENFORCEMENT STANDARDS
Sec. 501. (1) MCOLES shall maintain the staffing and resources
necessary to exercise the authority, powers, functions, and
responsibilities necessary to establish standards for the
selection, employment, training, education, licensing, and
revocation of all law enforcement officers and provide the basic
law enforcement training curriculum for law enforcement training
academy programs statewide.
(2) MCOLES shall maintain staffing and resources necessary to
update law enforcement standards within 120 days of the effective
date of any new legislation.
FIELD SERVICES
Sec. 601. (1) Department enlisted personnel who are employed
to enforce traffic laws as provided in section 629e of the Michigan
vehicle code, 1949 PA 300, MCL 257.629e, shall not be prohibited
from responding to crimes in progress or other emergency situations
and are responsible for making every effort to protect all
residents of this state.
(2) The department shall maintain the staffing and resources
necessary to continually work to enhance traffic safety throughout
this state and shall dedicate a minimum of 396,700 hours to
statewide patrol, of which a minimum of 40,000 shall be committed
to distressed cities in this state, and 4,000 shall be committed to
Belle Isle. The department shall work to improve public safety
efforts within distressed cities by enhancing data analysis
capabilities and identifying crime trends and areas with high
occurrence of crime.
(3) The department shall maintain the staffing and resources
necessary to perform activities to maintain a 92% compliance rate
for reporting by registered sex offenders.
(4) The department shall submit a report on or before December
1 to the subcommittees and senate and house fiscal agencies
regarding the secure cities partnership during the prior fiscal
year.
Sec. 602. (1) The department shall identify and apprehend
criminals through criminal investigations in this state.
(2) The department shall maintain the staffing and resources
necessary to provide a comparable number of hours investigating
crimes as those performed in fiscal year 2012-2013.
(3) The department shall maintain the staffing and resources
necessary to annually meet or exceed a case clearance rate of 62%.
(4) The department shall annually provide 4 training
opportunities to local law enforcement partners with the goal of
increasing their knowledge of gambling laws, trends, and legal
issues.
(5) The department shall maintain the staffing and resources
necessary to increase the number of opioid-related investigations
by 25% above the number of such investigations conducted in the
2014-2015 fiscal year conducted by multijurisdictional task forces
and hometown security teams. The department shall work to enhance
investigative and drug interdiction efforts by enhancing data
analysis capabilities and linking investigations among
multijurisdictional task forces and hometown security teams.
Sec. 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, and the senate and house
fiscal agencies that details expenditures and activities related to
tobacco tax enforcement for the prior fiscal year.
(3) The tobacco tax enforcement unit shall dedicate a minimum
of 16,600 hours to tobacco tax enforcement.
Sec. 604. (1) The department shall provide fire investigation
services to citizens of this state through training and
investigative assistance to public safety agencies in this state.
(2) The department shall maintain the staffing and resources
necessary to maintain readiness to respond appropriately to at
least the number of requests for fire investigation services that
occurred in fiscal year 2010-2011 and shall be available for call
out statewide 100% of the time.
SPECIALIZED SERVICES
Sec. 701. (1) The department shall 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 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.
(3) 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.
(4) The department shall maintain the staffing and resources
necessary to provide training to maintain readiness to respond
appropriately to at least the number of requests for specialty
services which occurred in fiscal year 2010-2011.
(5) The canine unit shall be available for call out statewide
100% of the time.
(6) The bomb squad unit shall be available for call out
statewide 100% of the time.
(7) The emergency support teams shall be available for call
out statewide 100% of the time.
(8) The underwater recovery unit shall be available for call
out statewide 100% of the time.
(9) Aviation services shall be available for call out
statewide 100% of the time, unless prohibited by weather or
unexpected mechanical breakdowns.
(10) The department shall maintain the staffing and resources
necessary to support the cyber section, including the Michigan
cyber command center, the computer crimes unit, and the Internet
crimes against children task force. The department shall maintain
the staffing and resources necessary to increase the number of
cases completed by the computer crimes unit by 25% above the number
of cases completed in the 2014-2015 fiscal year. The unit shall
pursue process improvement initiatives to effectively utilize staff
resources in providing investigatory assistance and evidentiary
analysis for law enforcement and criminal justice agencies
statewide.
Sec. 702. (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;
the transportation of hazardous materials; the operations of new
entrants; and commercial driver's licenses.
(2) The department shall maintain the staffing and resources
necessary to meet inspection goals consistent with the department's
federal motor carrier assistance program activities.
(3) The department shall maintain the staffing and resources
necessary to exercise the authority, powers, functions, and
responsibilities concerning the inspection of school buses as
provided under the pupil transportation act, 1990 PA 187, MCL
257.1801 to 257.1877.
(4) The department shall annually provide the subcommittees
and the senate and house fiscal agencies with the following
information for each public and nonpublic school concerning the
inspection of school buses:
(a) The total number of school buses inspected.
(b) The number of inspected school buses receiving a passing
sticker.
(c) The number of inspected school buses receiving a yellow
sticker.
(d) The number of inspected school buses receiving a red
sticker.
(5) 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. 703. (1) The department shall coordinate the mitigation,
preparation, response, and recovery activities of municipal,
county, state, and federal governments, and other governmental
entities, for all hazards, disasters, and emergencies.
(2) The state director of emergency management may expend
money appropriated under part 1 to call upon any agency or
department of the state or any resource of the state to protect
life or property or to provide for the health or safety of the
population in any area of the state in which the governor proclaims
a state of emergency or state of disaster under 1945 PA 302, MCL
10.31 to 10.33, or under the emergency management act, 1976 PA 390,
MCL 30.401 to 30.421. The state director of emergency management
may expend the amounts the director considers necessary to
accomplish these purposes. The director shall submit to the state
budget director as soon as possible a complete report of all
actions taken under the authority of this section. The report shall
contain, as a separate item, a statement of all money expended that
is not reimbursable from federal money. The state budget director
shall review the expenditures and submit recommendations to the
legislature in regard to any possible need for a supplemental
appropriation.
(3) In addition to the money appropriated in part 1, the
department may receive and expend money from local, private,
federal, or state sources for the purpose of providing emergency
management training to local or private interests and for the
purpose of supporting emergency preparedness, response, recovery,
and mitigation activity. If additional expenditure authorization in
the Michigan administrative information network is approved by the
state budget office under this section, the department and the
state budget office shall notify the subcommittees and the senate
and house fiscal agencies within 10 days after the approval. The
notification shall include the amount and source and the additional
authorization, the date of its approval, and the projected use of
funds to be expended under the authorization.
(4) The department shall foster, promote, and maintain
partnerships to protect this state and homeland from all hazards.
(5) The department shall maintain the staffing and resources
necessary to do all of the following:
(a) Serve approximately 105 local emergency management
preparedness programs and 88 local emergency planning committees in
this state.
(b) Operate and maintain the state's emergency operations
center and provide command and control in support of emergency
response services.
(c) Maintain readiness, including training and equipment to
respond to civil disorders and natural disasters commensurate with
the capabilities of fiscal year 2010-2011.
(d) Perform hazardous materials response training.
(6) The department shall conduct a minimum of 3 training
sessions to enhance safe response in the event of natural or
manmade incidents, emergencies, or disasters.
(7) In addition to the funds appropriated in part 1, there is
appropriated from the disaster and emergency contingency fund an
amount necessary to cover costs related to any disaster or
emergency as defined in the emergency management act, 1976 PA 390,
MCL 30.401 to 30.421. Funds shall be expended as provided under
sections 18 and 19 of the emergency management act, 1976 PA 390,
MCL 30.418 and 30.419, and R 30.51 to R 30.61 of the Michigan
administrative code.
(8) Funds in the disaster and emergency contingency fund shall
not be expended unless the state budget director approves the
expenditure and the department and the state budget office notify
the senate and house appropriations committees. No later than
December 1, the department shall provide an annual report to the
senate and house appropriations committees, 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.
Sec. 704. The department shall provide for the planning,
administration, and implementation of highway traffic safety
programs to save lives and reduce injuries on Michigan roads in
partnership with other public and private organizations.
SECONDARY ROAD PATROL PROGRAM
Sec. 801. (1) The department shall provide funding to county
sheriff departments to patrol secondary roads.
(2) The sheriffs' duties under the secondary road patrol
program, as outlined in section 76(2) of 1846 RS 14, MCL 51.76, are
to patrol and monitor traffic violations; to enforce the criminal
laws of this state, violations of which are observed by or brought
to the attention of the sheriff's department while patrolling and
monitoring secondary roads; to investigate accidents involving
motor vehicles; and to provide emergency assistance to persons on
or near a highway or road the sheriff is patrolling and monitoring.
(3) The department shall provide the following information on
secondary road patrol activities supported by appropriations in
part 1, as provided in section 219:
(a) The number of funded full-time equivalent county sheriff
secondary road patrol deputies.
(b) The number of hours dedicated to patrol under the
secondary road patrol program, with an annual goal of at least
178,000 hours.
(4) The information required to be reported under subsection
(3) shall be reported on an annual basis.
ONE-TIME APPROPRIATIONS
Sec. 901. (1) Funding appropriated in part 1 for the school
safety initiative shall be used to provide and administer
competitive grants to public or nonpublic schools, school
districts, and intermediate school districts to purchase technology
and equipment and to conduct assessments to improve the safety and
security of school buildings, students, and staff.
(2) The department shall issue grant guidance and application
materials including required performance measures no later than
November 1, 2016 and shall issue awards no later than February 28,
2017.
(3) The department shall report on grant activities to the
subcommittees and the state budget office by December 1, 2017,
including performance outcomes as identified in individual grant
agreements.
Sec. 902. (1) Funding provided in part 1 for the sexual
assault prevention and education initiative shall be used to
provide and administer grants to public or nonpublic community
colleges, colleges, and universities with a physical presence in
the state to address campus sexual assault issues to improve the
safety and security of students, faculty, and staff in campus
environments in the state.
(2) Grant funds awarded shall support sexual assault programs,
including education, awareness, prevention, reporting, and
bystander intervention programs.
(3) The department shall issue awards no later than December
1, 2016, with a grant period of 1 year.
(4) The department shall report on grant activities to the
subcommittees and the state budget office by February 28, 2018.
(5) Unexpended and appropriations in part 1 for the sexual
assault prevention and education initiative are designated as work
project appropriations. Any unencumbered or unallotted funds at the
end of the fiscal year shall be carried forward into the succeeding
fiscal year. The following is in compliance with section 451a(1) of
the management and budget act, 1984 PA 431, MCL 18.1451a:
(a) The purpose of the project is to provide grants for sexual
assault education, awareness, prevention, reporting, and bystander
intervention programs.
(b) The project will be accomplished by grants to eligible
community colleges, colleges, and universities.
(c) The total estimated cost of the project is $500,000.00.
(d) The estimated completion date is September 30, 2018.
PART 2A
PROVISIONS CONCERNING ANTICIPATED APPROPRIATIONS
FOR FISCAL YEAR 2017-2018
GENERAL SECTIONS
Senate Bill No. 800 as amended May 4, 2016
Sec. 1201. It is the intent of the legislature to provide
appropriations for the fiscal year ending on September 30, 2018 for
the line items listed in part 1. The fiscal year 2017-2018
appropriations are anticipated to be the same as those for fiscal
year 2016-2017, excluding appropriations designated as one-time
appropriations and adjusting for changes in caseload and related
costs, federal fund match rates, economic factors, and available
revenue. These adjustments will be determined after the January
2017 consensus revenue estimating conference.
ARTICLE XVII
STATE TRANSPORTATION DEPARTMENT
PART 1
LINE-ITEM APPROPRIATIONS
Sec. 101. There is appropriated for the state transportation
department for the fiscal year ending September 30, 2017, from the
following funds:
STATE TRANSPORTATION DEPARTMENT
APPROPRIATION SUMMARY
Full-time equated unclassified positions.......... 6.0
Full-time equated classified positions........ 2,912.3
GROSS APPROPRIATION.................................... $ <<4,025,203,600>>
Total interdepartmental grants and intradepartmental
transfers............................................ 4,013,400
ADJUSTED GROSS APPROPRIATION........................... $ 4,121,190,200
Total federal revenues................................. 1,314,744,000
Senate Bill No. 800 as amended May 4, 2016
Special revenue funds:
Local revenues......................................... 50,418,500
Private revenues....................................... 100,000
Total local and private revenues....................... 50,518,500
Blue Water Bridge fund................................. 42,450,200
Comprehensive transportation fund...................... <<310,500,700>>
Economic development fund.............................. 55,675,000
IRS debt service rebate................................ 7,011,800
Intercity bus equipment fund........................... 100,000
Local bridge fund...................................... 29,875,100
Michigan transportation fund........................... <<1,278,810,100>>
Qualified airport fund................................. 8,775,000
Rail freight fund...................................... 6,000,000
State aeronautics fund................................. 20,238,200
State trunkline fund................................... <<886,091,600>>
Total other state restricted revenues.................. <<2,645,527,700>>
State general fund/general purpose..................... $ 10,400,000
State general fund/general purpose schedule:
Ongoing state general fund/general
purpose............................................ 0
One-time state general fund/general
purpose................................... 10,400,000
Sec. 102. DEBT SERVICE
State trunkline........................................ $ 194,076,400
Economic development................................... 11,612,200
Local bridge fund...................................... 2,406,500
Blue Water Bridge fund................................. 6,963,900
Airport safety and protection plan..................... 4,616,400
Comprehensive transportation........................... 18,249,900
GROSS APPROPRIATION.................................... $ 237,925,300
Appropriated from:
Federal revenues:
Federal aid - transportation programs.................. 45,767,900
Special revenue funds:
Blue Water Bridge fund................................. 6,963,900
Comprehensive transportation fund...................... 18,249,900
Economic development fund.............................. 11,612,200
Local bridge fund...................................... 2,406,500
IRS debt service rebate................................ 7,011,800
State aeronautics fund................................. 4,616,400
State trunkline fund................................... 141,296,700
State general fund/general purpose..................... $ 0
Sec. 103. COLLECTION, ENFORCEMENT, AND OTHER AGENCY
SUPPORT SERVICES
MTF grant to department of environmental quality....... $ 1,335,100
MTF grant to department of state for collection of
revenue and fees..................................... 20,000,000
MTF grant to department of treasury.................... 2,684,100
MTF grant to legislative auditor general............... 315,800
STF grant to department of attorney general............ 2,429,200
STF grant to civil service commission.................. 5,847,000
STF grant to department of technology, management,
and budget........................................... 1,226,000
STF grant to department of state police................ 11,627,600
STF grant to department of treasury.................... 157,900
STF grant to legislative auditor general............... 733,500
SAF grant to department of attorney general............ 177,600
SAF grant to civil service commission.................. 150,000
SAF grant to department of technology, management,
and budget........................................... 33,500
SAF grant to department of treasury.................... 73,900
SAF grant to legislative auditor general............... 30,300
CTF grant to department of attorney general............ 204,500
CTF grant to civil service commission.................. 200,000
CTF grant to department of technology, management,
and budget........................................... 42,200
CTF grant to department of treasury.................... 13,500
CTF grant to legislative auditor general............... 39,000
GROSS APPROPRIATION.................................... $ 47,320,700
Appropriated from:
Special revenue funds:
Comprehensive transportation fund...................... 499,200
Michigan transportation fund........................... 24,335,000
State aeronautics fund................................. 465,300
State trunkline fund................................... 22,021,200
State general fund/general purpose..................... $ 0
Sec. 104. EXECUTIVE DIRECTION
Full-time equated unclassified positions.......... 6.0
Full-time equated classified positions........... 29.3
Unclassified salaries--6.0 FTE positions............... $ 754,000
Asset management council............................... 1,626,400
Commission support and audit--29.3 FTE positions....... 3,335,900
GROSS APPROPRIATION.................................... $ 5,716,300
Appropriated from:
Special revenue funds:
Michigan transportation fund........................... 1,626,400
State trunkline fund................................... 4,089,900
State general fund/general purpose..................... $ 0
Sec. 105. BUSINESS SUPPORT
Full-time equated classified positions........... 54.0
Business support services--44.0 FTE positions.......... $ 6,756,100
Economic development and enhancement programs--10.0
FTE positions........................................ 1,633,200
Property management.................................... 7,112,200
Worker's compensation.................................. 1,711,200
GROSS APPROPRIATION.................................... $ 17,212,700
Appropriated from:
Special revenue funds:
Comprehensive transportation fund...................... 1,835,100
Economic development fund.............................. 378,100
Michigan transportation fund........................... 801,100
State aeronautics fund................................. 752,100
State trunkline fund................................... 13,446,300
State general fund/general purpose..................... $ 0
Sec. 106. INFORMATION TECHNOLOGY
Information technology services and projects........... $ 32,364,500
GROSS APPROPRIATION.................................... $ 32,364,500
Appropriated from:
Federal revenues:
Federal aid - transportation programs.................. 520,500
Special revenue funds:
Blue Water Bridge fund................................. 55,100
Comprehensive transportation fund...................... 224,400
Economic development fund.............................. 37,200
Michigan transportation fund........................... 293,300
State aeronautics fund................................. 175,100
State trunkline fund................................... 31,058,900
State general fund/general purpose..................... $ 0
Sec. 107. FINANCE, CONTRACTS, AND SUPPORT SERVICES
Full-time equated classified positions.......... 186.0
Finance, contracts, and support services--186.0 FTE
positions............................................ $ 21,791,700
GROSS APPROPRIATION.................................... $ 21,791,700
Appropriated from:
Interdepartmental grant revenues:
IDG for accounting service center user charges......... 4,013,400
Special revenue funds:
Michigan transportation fund........................... 1,621,700
State trunkline fund................................... 16,156,600
State general fund/general purpose..................... $ 0
Sec. 108. TRANSPORTATION PLANNING
Full-time equated classified positions.......... 140.0
Transportation planning--140.0 FTE positions........... $ 38,481,100
Grants to regional planning councils................... 488,800
GROSS APPROPRIATION.................................... $ 38,969,900
Appropriated from:
Federal revenues:
Federal aid - transportation programs.................. 19,250,000
Special revenue funds:
Comprehensive transportation fund...................... 610,500
Michigan transportation fund........................... 9,571,400
State aeronautics fund................................. 15,000
State trunkline fund................................... 9,523,000
State general fund/general purpose..................... $ 0
Sec. 109. DESIGN AND ENGINEERING SERVICES
Full-time equated classified positions........ 1,589.3
Program development, delivery, and system
operations--1,539.3 FTE positions.................... $ 166,199,900
Welcome center operations--50.0 FTE positions.......... 4,532,800
GROSS APPROPRIATION.................................... $ 170,732,700
Appropriated from:
Federal revenues:
Federal aid - transportation programs.................. 23,529,800
Special revenue funds:
Michigan transportation fund........................... 12,246,000
State trunkline fund................................... 134,956,900
State general fund/general purpose..................... $ 0
Sec. 110. HIGHWAY MAINTENANCE
Full-time equated classified positions.......... 743.7
State trunkline operations--743.7 FTE positions........ $ 303,948,000
GROSS APPROPRIATION.................................... $ 303,948,000
Appropriated from:
Senate Bill No. 800 as amended May 4, 2016
Special revenue funds:
State trunkline fund................................... 303,948,000
State general fund/general purpose..................... $ 0
Sec. 111. ROAD AND BRIDGE PROGRAMS
State trunkline federal aid and road and bridge
construction......................................... $ <<1,022,586,900>>
Local federal aid and road and bridge construction..... 272,511,000
Grants to local programs............................... 33,000,000
Rail grade crossing - surface improvements............. 3,000,000
Rail grade crossing.................................... 3,000,000
Local bridge program................................... 27,468,600
County road commissioners.............................. <<762,280,600>>
Cities and villages.................................... << 425,005,500>>
GROSS APPROPRIATION.................................... $ <<2,548,852,600>>
Appropriated from:
Federal revenues:
Federal aid - transportation programs.................. 1,030,225,800
Special revenue funds:
Local funds............................................ 30,000,000
Blue Water Bridge fund................................. 28,998,100
Local bridge fund...................................... 27,468,600
Michigan transportation fund........................... <<1,226,286,100>>
State trunkline fund................................... <<205,874,000>>
State general fund/general purpose..................... $ 0
Sec. 112. BLUE WATER BRIDGE
Full-time equated classified positions........... 41.0
Blue Water Bridge operations--41.0 FTE positions....... $ 6,433,100
GROSS APPROPRIATION.................................... $ 6,433,100
Appropriated from:
Special revenue funds:
Blue Water Bridge fund................................. 6,433,100
State general fund/general purpose..................... $ 0
Sec. 113. TRANSPORTATION ECONOMIC DEVELOPMENT
Forest roads........................................... $ 5,000,000
Rural county urban system.............................. 2,500,000
Target industries/economic development................. 19,823,700
Urban county congestion................................ 8,161,900
Rural county primary................................... 8,161,900
GROSS APPROPRIATION.................................... $ 43,647,500
Appropriated from:
Special revenue funds:
Economic development fund.............................. 43,647,500
State general fund/general purpose..................... $ 0
Sec. 114. AERONAUTICS SERVICES
Full-time equated classified positions........... 54.0
Aeronautics services--54.0 FTE positions............... $ 7,648,800
Air service program.................................... 250,000
GROSS APPROPRIATION.................................... $ 7,898,800
Appropriated from:
Special revenue funds:
State aeronautics fund................................. 7,898,800
State general fund/general purpose..................... $ 0
Sec. 115. PUBLIC TRANSPORTATION SERVICES
Full-time equated classified positions........... 36.0
Senate Bill No. 800 as amended May 4, 2016
Passenger transportation services--36.0 FTE positions.. $ 5,740,500
GROSS APPROPRIATION.................................... $ 5,740,500
Appropriated from:
Federal revenues:
Federal aid - transportation programs.................. 972,100
Special revenue funds:
Comprehensive transportation fund...................... 4,768,400
State general fund/general purpose..................... $ 0
Sec. 116. BUS TRANSIT DIVISION: STATUTORY OPERATING
Local bus operating.................................... $ <<170,000,000>>
Nonurban operating/capital............................. 26,027,900
GROSS APPROPRIATION.................................... $ <<196,027,900>>
Appropriated from:
Federal revenues:
Federal aid - transportation programs.................. 24,027,900
Special revenue funds:
Comprehensive transportation fund...................... <<170,000,000>>
Local funds............................................ 2,000,000
State general fund/general purpose..................... $ 0
Sec. 117. INTERCITY PASSENGER
Full-time equated classified positions........... 39.0
Office of rail--39.0 FTE positions..................... $ 6,427,700
Freight property management............................ 1,000,000
Detroit/Wayne County Port Authority.................... 468,200
Intercity services..................................... 6,250,000
Rail operations and infrastructure..................... 118,894,800
Marine passenger service............................... 400,000
Terminal development................................... 300,000
GROSS APPROPRIATION.................................... $ 133,740,700
Appropriated from:
Federal revenues:
Federal aid - transportation programs.................. 64,600,000
Special revenue funds:
Local funds............................................ 150,000
Private funds.......................................... 100,000
Comprehensive transportation fund...................... 60,043,000
Intercity bus equipment fund........................... 100,000
Rail freight fund...................................... 6,000,000
Michigan transportation fund........................... 2,029,100
State trunkline fund................................... 718,600
State general fund/general purpose..................... $ 0
Sec. 118. PUBLIC TRANSPORTATION DEVELOPMENT
Specialized services................................... $ 17,938,900
Municipal credit program............................... 2,000,000
Transit capital........................................ 60,157,100
Van pooling............................................ 195,000
Service initiatives.................................... 2,889,200
Transportation to work................................. 3,700,000
GROSS APPROPRIATION.................................... $ 86,880,200
Appropriated from:
Federal revenues:
Federal aid - transportation programs.................. 26,850,000
Special revenue funds:
Local funds............................................ 5,760,000
Comprehensive transportation fund...................... 54,270,200
State general fund/general purpose..................... $ 0
Sec. 119. CAPITAL OUTLAY
(1) BUILDINGS AND FACILITIES
Special maintenance, remodeling, and additions......... $ 3,001,500
GROSS APPROPRIATION.................................... $ 3,001,500
Appropriated from:
Special revenue funds:
State trunkline fund................................... 3,001,500
State general fund/general purpose..................... $ 0
(2) AIRPORT IMPROVEMENT PROGRAMS
Airport safety, protection and improvement program..... $ 97,824,000
Detroit Metropolitan Wayne County airport.............. 8,775,000
GROSS APPROPRIATION.................................... $ 106,599,000
Appropriated from:
Federal revenues:
Federal aid - transportation programs.................. 79,000,000
Special revenue funds:
Local funds............................................ 12,508,500
State aeronautics fund................................. 6,315,500
Qualified airport fund................................. 8,775,000
State general fund/general purpose..................... $ 0
Sec. 120. ONE-TIME BASIS ONLY
State trunkline road and bridge construction........... $ 10,400,000
GROSS APPROPRIATION.................................... $ 10,400,000
Appropriated from:
Special revenue funds:
Senate Bill No. 800 as amended May 4, 2016
State general fund/general purpose..................... $ 10,400,000
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
FOR FISCAL YEAR 2016-2017
GENERAL SECTIONS
Sec. 201. Pursuant to section 30 of article IX of the state
constitution of 1963, total state spending from state resources
under part 1 for fiscal year 2016-2017 is <<$2,655,927,700.00>> and
state spending from state resources to be paid to local units of
government for fiscal year 2016-2017 is <<$1,518,651,200.00>>. The
itemized statement below identifies appropriations from which
spending to local units of government will occur:
STATE TRANSPORTATION DEPARTMENT
Grants to regional planning councils................... $ 488,800
Grants to local programs............................... 33,000,000
Rail grade crossing.................................... 3,000,000
Rail grade crossing-surface improvements............... 3,000,000
Local bridge program................................... 27,468,600
Grants to county road commissions...................... <<762,280,600>>
Grants to cities and villages.......................... <<425,005,500>>
Economic development fund.............................. 23,823,800
Air service program.................................... 250,000
Local bus operating.................................... <<170,000,000>>
Detroit/Wayne County Port Authority.................... 468,200
Marine passenger service............................... 400,000
Senate Bill No. 800 as amended May 4, 2016
Terminal development................................... 300,000
Specialized services................................... 3,853,900
Municipal credit program............................... 2,000,000
Transit capital........................................ 43,607,100
Service initiatives.................................... 914,200
Transportation to work................................. 3,700,000
Airport safety, protection, and improvement
program............................................... 6,315,500
Detroit Metropolitan Wayne County airport.............. 8,775,000
Total payments to local units of government............ $ <<1,518,651,200>>
Sec. 202. The appropriations authorized under this part and
part 1 are subject to the management and budget act, 1984 PA 431,
MCL 18.1101 to 18.1594.
Sec. 203. As used in this part and part 1:
(a) "Amtrak" means the National Railroad Passenger
Corporation.
(b) "CTF" means comprehensive transportation fund.
(c) "Department" means the state transportation department.
(d) "Director" means the director of the department.
(e) "DOT" means the United States Department of
Transportation.
(f) "DOT-FHWA" means DOT, Federal Highway Administration.
(g) "FTE" means full-time equated.
(h) "IDG" means interdepartmental grant.
(i) "IRS" means the Internal Revenue Service.
(j) "MTF" means Michigan transportation fund.
(k) "SAF" means state aeronautics fund.
(l) "STF" means state trunkline fund.
Sec. 204. In addition to the metrics required under section
447 of the management and budget act, 1984 PA 431, MCL 18.1447, for
each new program or program enhancement for which funds in excess
of $500,000.00 are appropriated in part 1, the department shall
provide not later than November 1, 2016 a list of program-specific
metrics intended to measure its performance based on a return on
taxpayer investment. The department shall deliver the program-
specific metrics to members of the senate and house subcommittees
that have subject matter jurisdiction for this budget, fiscal
agencies, and the state budget director. The department shall
provide an update on its progress in tracking program-specific
metrics and the status of program success at an appropriations
subcommittee meeting called for by the subcommittee chair.
Sec. 205. The department shall provide notice to the speaker
of the house, the house minority leader, the senate majority
leader, the senate minority leader, the house and senate standing
committees on transportation, the appropriate house and senate
appropriations subcommittees on transportation, and the house and
senate fiscal agencies on proposed federal rule changes related to
the department that would require amendments to the laws of this
state. The notice shall be given within 30 business days of the
proposed federal rule being posted to the federal register and
shall include a description of the proposed federal rule, the
publication date, the date when public comment closes, the document
citation, and a description of the statutory changes needed when
the rule is finalized.
Sec. 206. The director shall take all reasonable steps to
ensure businesses in deprived and depressed communities compete for
and perform contracts to provide services or supplies, or both.
Each director shall strongly encourage firms with which the
department contracts to subcontract with certified businesses in
depressed and deprived communities for services, supplies, or both.
Sec. 207. The departments and agencies receiving
appropriations in part 1 shall prepare a report on out-of-state
travel expenses not later than January 1 of each year. The travel
report shall be a listing of all travel by classified and
unclassified employees outside this state in the immediately
preceding fiscal year that was funded in whole or in part with
funds appropriated in the department's budget. The report shall be
submitted to the senate and house appropriations committees, the
house and senate fiscal agencies, and the state budget director.
The report shall include the following information:
(a) The dates of each travel occurrence.
(b) The transportation and related costs of each travel
occurrence, including the proportion funded with state general
fund/general purpose revenues, the proportion funded with state
restricted revenues, the proportion funded with federal revenues,
and the proportion funded with other revenues.
Sec. 208. The departments and agencies receiving
appropriations in part 1 shall use the Internet to fulfill the
reporting requirements of this part. This requirement may include
transmission of reports via electronic mail to the recipients
identified for each reporting requirement, or it may include
placement of reports on an Internet or Intranet site.
Sec. 209. Funds appropriated in part 1 shall not be used for
the purchase of foreign goods or services, or both, if
competitively priced and of comparable quality American goods or
services, or both, are available. Preference shall be given to
goods or services, or both, manufactured or provided by Michigan
businesses, if they are competitively priced and of comparable
quality. In addition, preference shall be given to goods or
services, or both, that are manufactured or provided by Michigan
businesses owned and operated by veterans, if they are
competitively priced and of comparable quality.
Sec. 210. (1) In addition to the funds appropriated in part 1,
there is appropriated an amount not to exceed $200,000,000.00 for
federal contingency funds. These funds are not available for
expenditure until they have been transferred to another line item
in part 1 pursuant to section 393(2) of the management and budget
act, 1984 PA 431, MCL 18.1393.
(2) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $40,000,000.00 for state
restricted contingency funds. These funds are not available for
expenditure until they have been transferred to another line item
in part 1 pursuant to section 393(2) of the management and budget
act, 1984 PA 431, MCL 18.1393.
(3) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $1,000,000.00 for local
contingency funds. These funds are not available for expenditure
until they have been transferred to another line item in part 1
pursuant to section 393(2) of the management and budget act, 1984
PA 431, MCL 18.1393.
(4) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $1,000,000.00 for private
contingency funds. These funds are not available for expenditure
until they have been transferred to another line item in part 1
pursuant to section 393(2) of the management and budget act, 1984
PA 431, MCL 18.1393.
Sec. 211. The department shall cooperate with the department
of technology, management, and budget to maintain a searchable
website accessible by the public at no cost that includes, but is
not limited to, all of the following:
(a) Fiscal year-to-date expenditures by category.
(b) Fiscal year-to-date expenditures by appropriation unit.
(c) Fiscal year-to-date payments to a selected vendor,
including the vendor name, payment date, payment amount, and
payment description.
(d) The number of active department employees by job
classification.
(e) Job specifications and wage rates.
Sec. 212. Within 14 days after the release of the executive
budget recommendation, the department shall cooperate with the
state budget office to provide the senate and house appropriations
chairs, the senate and house appropriations subcommittees on
transportation, respectively, and the senate and house fiscal
agencies with an annual report on estimated state restricted fund
balances, state restricted fund projected revenues, and state
restricted fund expenditures for the fiscal years ending September
30, 2016 and September 30, 2017.
Sec. 213. The department shall maintain, on a publicly
accessible website, a department scorecard that identifies, tracks,
and regularly updates key metrics that are used to monitor and
improve the agency's performance.
Sec. 214. Total authorized appropriations from all sources
under part 1 for legacy costs for the fiscal year ending September
30, 2017 are $70,450,500.00. From this amount, total agency
appropriations for pension-related legacy costs are estimated at
$39,063,000.00. Total agency appropriations for retiree health care
legacy costs are estimated at $31,387,500.00.
Sec. 215. A department shall not take disciplinary action
against an employee for communicating with a member of the
legislature or his or her staff.
Sec. 228. Not later than November 30, the state budget office
shall prepare and transmit a report that provides for estimates of
the total general fund/general purpose appropriation lapses at the
close of the prior fiscal year. This report shall summarize the
projected year-end general fund/general purpose appropriation
lapses by major departmental program or program areas. The report
shall be transmitted to the chairpersons of the senate and house of
representatives standing committees on appropriations and the
senate and house fiscal agencies.
Sec. 262. Funds appropriated in part 1 shall not be used by a
principal executive department, state agency, or authority to hire
a person to provide legal services that are the responsibility of
the attorney general. This prohibition does not apply to legal
services for bonding activities and for those activities that the
attorney general authorizes.
Sec. 270. In order to reduce costs and maintain quality, it is
the intent of the legislature that, excluding the fleet of motor
vehicles for the department of state police, the department will
prioritize the utilization of remanufactured parts as the primary
means of maintenance and repair for the state of Michigan's fleet
of motor vehicles.
DEPARTMENTAL SECTIONS
Sec. 301. (1) The department may establish a fee schedule and
collect fees sufficient to cover the costs to issue the permits
that the department is authorized by law to issue upon request,
unless otherwise stipulated by law. All permit fees are
nonrefundable application fees and shall be credited to the
appropriate fund to recover the direct and indirect costs of
receiving, reviewing, and processing the requests.
(2) A bridge authority shall hold 3 public hearings on an
increase in any toll charged by the authority at least 30 days
before the toll change will become effective. Two of the hearings
shall be held within 5 miles of the bridge over which the bridge
authority has jurisdiction. One hearing shall be held in Lansing.
Public hearings held under this section shall be conducted in
accordance with the open meetings act, 1976 PA 267, MCL 15.261 to
15.275, and shall be conducted so as to provide a reasonable
opportunity for public comment, including both spoken and written
comments.
Sec. 304. If, as a requirement of bidding on a highway
project, the department requires a contractor to submit financial
or proprietary documentation as to how the bid was calculated, that
bid documentation shall be kept confidential and shall not be
disclosed other than to a department representative without the
contractor's written consent. The department may disclose the bid
documentation if necessary to address or defend a claim by a
contractor.
Sec. 305. (1) The department may permit space on public
passenger transportation properties to be occupied by public or
private tenants on a competitive market rate basis. The department
shall require that revenue from the tenants be placed in an account
to be used to pay the costs to maintain and improve the property.
(2) The department shall charge public transit agencies and
intercity bus carriers equal rates per square foot for leasing
space in state-owned intermodal facilities.
Sec. 306. (1) The amounts appropriated in part 1 to support
tax and fee collection, law enforcement, and other program services
provided to the department and to transportation funds by other
state departments shall be expended from transportation funds
pursuant to annual contracts between the department and those other
state departments. The contracts shall be executed prior to the
expenditure or obligation of those funds. The contracts shall
provide, but are not limited to, the following data applicable to
each state department:
(a) Estimated costs to be recovered from transportation funds.
(b) Description of services provided to the department and/or
transportation funds and financed with transportation funds.
(c) Detailed cost allocation methods appropriate to the type
of services being provided and the activities financed with
transportation funds.
(2) Not later than 2 months after publication of the state of
Michigan comprehensive annual financial report, each state
department receiving funding pursuant to an interdepartment
contract with the department shall submit a written report to the
department, the state budget director, and the house and senate
fiscal agencies stating by spending authorization account the
amount of estimated funds contracted with the department, the
amount of funds expended, the amount of funds returned to the
transportation funds, and any unreimbursed transportation-related
costs incurred but not billed to transportation funds. A copy of
the report shall be submitted to the auditor general, and the
report shall be subject to audit by the auditor general as provided
in subsection (3).
(3) Biennially, in each even-numbered fiscal year, the auditor
general shall conduct an audit of charges to transportation funds
by state departments for the 2 preceding fiscal years. The audit
shall include both charges governed by interdepartmental contracts
as well as miscellaneous charges from other state departments not
governed by contracts. The auditor general shall prepare a detailed
report, with recommendations and conclusions, including a summary
of charges and related services to transportation funds by
department, the appropriateness of those charges, the cost
allocation methodologies used in determining the level of funding,
and any unreimbursed transportation-related costs, if any. The
report shall be provided to the senate and house of representatives
committees on appropriations, the senate and house fiscal agencies,
and the state budget director 9 months after publication of the
state of Michigan comprehensive annual financial report.
Sec. 307. Before March 1 of each year, the department will
provide to the legislature, the state budget office, and the house
and senate fiscal agencies its rolling 5-year plan listing by
county or by county road commission all highway construction
projects for the fiscal year and all expected projects for the
ensuing fiscal years.
Sec. 310. The department shall provide in a timely manner
copies of the agenda and approved minutes of monthly transportation
commission meetings to the members of the house and senate
appropriations subcommittees on transportation, the house and
senate fiscal agencies, and the state budget director.
Sec. 313. (1) From funds appropriated in part 1, the
department may increase a state infrastructure bank program and
grant or loan funds in accordance with regulations of the state
infrastructure bank program of the United States Department of
Transportation. The state infrastructure bank is to be administered
by the department for the purpose of providing a revolving, self-
sustaining resource for financing transportation infrastructure
projects.
(2) In addition to funds provided in subsection (1), money
received by the state as federal grants, repayment of state
infrastructure bank loans, or other reimbursement or revenue
received by the state as a result of projects funded by the program
and interest earned on that money shall be deposited in the
revolving state infrastructure bank fund and shall be available for
transportation infrastructure projects. At the close of the fiscal
year, any unencumbered funds remaining in the state infrastructure
bank fund shall remain in the fund and be carried forward into the
succeeding fiscal year.
(3) The department shall submit a report to the state budget
director, the house and senate appropriations subcommittees on
transportation, and the house and senate fiscal agencies on the
status of the state infrastructure bank. The report shall be
submitted on or before December 1, 2016. The report shall include
all of the following:
(a) The balance in the state infrastructure bank at September
30, 2016, including a breakdown of the balance by cash and cash
equivalents, outstanding loans, and balance available for loan to
local agencies.
(b) A breakdown of the state infrastructure loan balance by
amounts designated as originating from federal sources and the
amounts originating from nonfederal sources.
(c) A list of outstanding loans by agency, original loan
amount, project description, loan term, and amount outstanding.
Sec. 319. The department shall post signs at each rest area to
identify the agency or contractor responsible for maintenance of
the rest area. The signs shall include a department telephone
number and shall indicate that unsafe or unclean conditions at the
rest area may be reported to that telephone number.
Sec. 353. The department shall review its contractor payment
process and ensure that all prime contractors are paid promptly.
The department shall ensure that prime contractors are in
compliance with special provision 109.10 regarding the prompt
payment of subcontractors.
Sec. 357. When presented with complete local federal aid
project submittals, the department shall complete all necessary
reviews and inspections required to let local federal aid projects
within 120 days of receipt. The department shall implement a system
for monitoring the local federal aid project review process.
Sec. 375. The department is prohibited from reimbursing
contractors or consultants for costs associated with groundbreaking
ceremonies, receptions, open houses, or press conferences related
to transportation projects funded, in whole or in part, by revenue
appropriated in part 1.
Sec. 376. The department shall not spend funds appropriated in
part 1 for the purpose of examining the potential association
between commercial signs, outdoor advertising signs, billboards,
digital billboards, or commercial electronic variable message signs
and motor vehicle activity or motor vehicle driver behavior.
Sec. 381. The department shall require as a condition of each
contract or subcontract for construction, maintenance, or
engineering services that the prequalified contractor or
prequalified subcontractor agree to use the E-Verify system to
verify that all persons hired during the contract term by the
contractor or subcontractor are legally present and authorized to
work in the United States. The department may verify this
information directly or may require contractors and subcontractors
to verify the information and submit a certification to the
department. The department shall report to the house and senate
appropriations committees and the house and senate fiscal agencies
by March 1 of each year describing the processes it has developed
and implemented under provisions of this section. As used in this
section, "E-Verify" means an Internet-based system operated by the
Department of Homeland Security, U.S. Citizenship and Immigration
Services in partnership with the Social Security Administration.
Sec. 382. In administering a contract with a county road
commission, city, or village that allocates costs of construction
or reconstruction of highways, roads, and streets as provided in
section 18d of 1951 PA 51, MCL 247.668d, the department shall
submit the final cost-sharing bill to the county road commission,
city, or village not later than 2 years after the date of the final
contract payment to the construction contractor.
Sec. 383. (1) The department shall prepare a report on use of
department-owned aircraft during the fiscal year ending September
30, 2015. With respect to each department-owned aircraft, the
report shall include all of the following:
(a) Total hours of usage.
(b) Description of specific flights including dates of travel,
names of passengers including state agency, university, or local
government affiliation, travel origin and destination, and total
estimated costs associated with the air travel.
(2) The report shall be submitted to the senate and house
appropriations subcommittees on transportation and the house and
senate fiscal agencies no later than February 1, 2017.
(3) The department shall maintain a system for recovering the
cost of operating department-owned aircraft through charges to
aircraft users.
(4) From the funds appropriated in part 1, the department is
prohibited from transporting legislators or legislative staff on
state-owned aircraft without prior approval from the senate
majority leader or the speaker of the house of representatives and
only when the aircraft is already scheduled by state agencies on
related official state business.
(5) It is the intent of the legislature that the department
work with the Michigan state police to establish a reciprocal
agreement on employing fixed-wing aircraft with specifically
designed equipment for use by the Michigan state police when
conducting operations. The department shall submit a report
regarding the status of a reciprocal agreement to the senate and
house appropriations subcommittees on transportation and the house
and senate fiscal agencies no later than February 1, 2017.
Sec. 384. (1) Except as otherwise provided in subsection (2),
the department shall not obligate the state to expend any state
transportation revenue for construction planning or construction of
the Detroit River International Crossing or a renamed successor. In
addition, except as provided in subsection (2), the department
shall not commit the state to any new contract related to the
construction planning or construction of the Detroit River
International Crossing or a renamed successor that would obligate
the state to expend any state transportation revenue. An
expenditure for staff resources used in connection with project
activities, which expenditure is subject to full and prompt
reimbursement from Canada, shall not be considered an expenditure
of state transportation revenue.
(2) If the legislature enacts specific enabling legislation
for the construction of the Detroit River International Crossing or
a renamed successor, subsection (1) does not apply once the
enabling legislation goes into effect.
Sec. 385. (1) The department shall submit reports to the state
budget director, the speaker of the house, the house minority
leader, the senate majority leader, the senate minority leader, the
house and senate appropriations subcommittees on transportation,
and the house and senate fiscal agencies on department activities
related to all nonconstruction or construction planning activities
related to the Detroit River International Crossing or a renamed
successor. The initial report shall be submitted on or before
December 1, 2016 and shall cover the fiscal year ending September
30, 2016.
(2) The initial report shall include, at a minimum, all of the
following:
(a) Department costs incurred in the fiscal year ending
September 30, 2016, including employee salaries, wages, benefits,
travel, and contractual services, and what activities those costs
were related to.
(b) Costs of other executive branch agencies incurred in the
fiscal year ending September 30, 2016, including employee salaries,
wages, benefits, travel, and contractual services, and what
activities those costs were related to.
(c) A breakdown of the source of funds used for the activities
described in subdivisions (a) and (b).
(d) A breakdown of reimbursements made by Canada under section
384(1) to the state for expenditures for staff resources used in
connection with project activities.
(e) A narrative description of the status of the Detroit River
International Crossing or a renamed successor, including efforts
undertaken to implement provisions of the crossing agreement
executed June 15, 2012 by representatives of the Canadian
government and this state.
(3) After submission of the initial report, a subsequent
report shall be submitted on March 1, 2017, June 1, 2017, and
September 1, 2017 and shall include the same information described
in subsection (2) for the applicable previous fiscal quarter.
Sec. 393. (1) The department shall promote best practices for
public transportation services in this state, including, but not
limited to, the following:
(a) Transit vehicle rehabilitation to reduce life-cycle cost
of public transportation through midlife rehabilitation of transit
buses.
(b) Cooperation between entities using transit, including
school districts, cities, townships, and counties with a view to
promoting cost savings through joint purchasing of fuel and other
procurements.
(c) Coordination of transportation dollars among state
departments which provide transit-related services, including the
department of health and human services. Priority should be given
to use of public transportation services where available.
(d) Promotion of intelligent transportation services for buses
that incorporate computer and navigation technology to make transit
systems more efficient, including stoplight coordinating, vehicle
tracking, data tracking, and computerized scheduling.
(2) The department shall report on efforts taken to implement
this section as well as section 393 of article XVII of 2011 PA 63.
The department shall complete and submit the report to the state
budget director, the house and senate appropriations subcommittees
on transportation, and the house and senate fiscal agencies on or
before March 1, 2017.
Sec. 394. The department and local road agencies shall make
the preservation of their existing road networks a funding
priority.
Sec. 395. From the funds appropriated in part 1 for state
trunkline federal aid road and bridge construction, the department
may expend up to $10,000,000.00 on highway maintenance activities
to support safety-related, high-priority, and other deferred
routine maintenance needs on Michigan's state trunkline network.
FEDERAL
Sec. 402. A portion of the federal DOT-FHWA highway research,
planning, and construction funds made available to this state shall
be allocated to transportation programs administered by local
jurisdictions in accordance with section 10o of 1951 PA 51, MCL
Senate Bill No. 800 as amended May 4, 2016
247.660o. A local road agency, with respect to a project approved
for federal aid funding in a state transportation improvement
program, may enter into a voluntary buyout agreement with the
department or with another local road agency to exchange the
federal aid with state restricted transportation funds as agreed to
by the respective parties. The state restricted transportation
funds received in exchange for federal aid funds shall be used for
the same purpose as the federal aid funds were originally intended.
MICHIGAN TRANSPORTATION FUND
Sec. 501. The money received under the motor carrier act, 1933
PA 254, MCL 475.1 to 479.42, and not appropriated to the department
of licensing and regulatory affairs or the department of state
police is deposited in the Michigan transportation fund.
<< Sec. 502. From the funds appropriated in Part 1, the
department shall conduct a pilot program to cycle test concrete
pavement segments treated with a cement hydration catalyst and
sealant. The test shall simulate a longer design life on simulated
state trunkline roads. The department shall, in accordance with
Public Act 51 of 1951 and the department’s new materials evaluation
program, conduct a cement hydration catalyst and sealant pilot
program of sufficient length of reconstructed or newly constructed
state trunkline, and test the quality and durability of the road
segments. Upon completing the testing, the department shall issue a
report to the legislature on the relative durability and quality
of the treated pavement segments.>>
Sec. 503. (1) The funds appropriated in part 1 for the
economic development and local bridge programs shall not lapse at
the end of the fiscal year but shall carry forward each fiscal year
for the purposes for which appropriated in accordance with 1987 PA
231, MCL 247.901 to 247.913, and section 10(5) of 1951 PA 51, MCL
247.660.
(2) Interest earned in the department of transportation
economic development fund and local bridge fund shall remain in the
respective funds and shall be allocated to the respective programs
based on actual interest earned at the end of each fiscal year.
(3) In addition to the funds appropriated in part 1, the
department of transportation economic development fund and local
bridge fund may receive federal, local, or private funds or
restricted source funds such as interest earnings. These funds are
appropriated for projects that are consistent with the purposes of
the respective funds.
(4) None of the funds statutorily dedicated to the
transportation economic development fund and local bridge fund
shall be diverted to other projects.
Sec. 504. Funds from the Michigan transportation fund shall be
distributed to the comprehensive transportation fund, the economic
development fund, the recreation improvement fund, and the state
trunkline fund, in accordance with this part and part 1 and part
711 of the natural resources and environmental protection act, 1994
PA 451, MCL 324.71101 to 324.71108, and may only be used as
specified in this part and part 1, 1951 PA 51, MCL 247.651 to
247.675, and part 711 of the natural resources and environmental
protection act, 1994 PA 451, MCL 324.71101 to 324.71108.
Sec. 505. If roads innovation funds are not released by a 1-
time concurrent resolution under section 1j(5) of 1951 PA 51, MCL
247.651j, on or before October 1, 2016, the department shall
prepare a report that specifies the portions of total Michigan
transportation fund distributions to be withheld from the state
trunkline fund and each local road agency. The department shall
present the report to the state budget director, the senate and
house appropriations subcommittees on transportation, the senate
and house standing committees on transportation, and the senate and
house fiscal agencies on or before November 1, 2016.
STATE TRUNKLINE FUND
Sec. 601. (1) The department shall work with the road
construction industry and engineering consulting community to
develop a warranty program for capital road and bridge
construction, reconstruction, and rehabilitation projects. In
developing the warranty program, the department shall consider all
of the following:
(a) Scope of warranties, including warranties on materials and
workmanship, pavement or bridge performance criteria, and the
application of warranties to design/build projects.
(b) Length of warranty.
(c) Costs and benefits associated with scope of warranty and
various warranty provisions, including length of warranty.
(d) Any other relevant factors that might determine the use of
warranties, scope of warranty, or length of warranty.
(e) Use of warranties on local agency projects administered by
the department.
(f) Other measures used to identify premature failure of road
pavement or bridge elements and the related cause of those
failures.
(2) The department shall report on March 1 of each year to the
house of representatives and senate appropriations subcommittees on
transportation and the house and senate fiscal agencies on
provisions of the department's warrant program described under
subsection (1). The department shall timely inspect warrantied
projects prior to the expiration of any associated warranty.
(3) The department shall report to the legislature all of the
following with regard to road and bridge construction projects:
(a) An update on procedures involving the attorney general's
office regarding nonresponsive contractors that had received notice
but failed to fulfill the terms of a warranty.
(b) An update on any upgrades and improvements to the
statewide warranty administrative database.
(c) The number of active road and bridge construction
warranties.
(d) The number of road and bridge project warranties that
required corrective action, and the date or dates of any corrective
action.
(e) The number of warrantied projects that required corrective
action but expired prior to the contractor receiving notice and the
total cost of each of those projects.
(f) The number of instances where a contractor was notified of
the need for corrective action more than 60 days after the
associated warranty period.
(g) The number of unresolved corrective actions outstanding
beyond 15 months, and the department's findings and any changes to
existing policies and procedures as required in subsection (5).
(4) The report required under subsection (3) is due on March 1
of each calendar year, shall reflect the prior 12-month period, and
shall be transmitted to the house of representatives and senate
appropriations subcommittees on transportation, the state budget
director, and the house and senate fiscal agencies.
(5) The department shall maintain documentation to support
initial acceptance of warrantied projects, interim and final
inspections, and notifications to contractors that the warranty
period had expired. The department also shall review and evaluate
consultant evaluation requirements or recommendations and update
existing policies and procedures accordingly.
Sec. 603. The department shall use traffic congestion as 1 of
the criteria in determining the priorities for designating which
roads shall be remediated in its 5-year road plan, which must be
submitted on or before March 1 of each year. Criteria for
evaluating traffic congestion shall include, but not be limited to,
coordination with local, county, and regional planning, improvement
in traffic operations, improvement in physical roadway conditions,
accident reduction, and coordination with area public
transportation planning.
Sec. 604. At the close of the fiscal year, any unencumbered
and unexpended balance in the state trunkline fund shall remain in
the state trunkline fund and shall carry forward and is
appropriated for federal aid road and bridge programs for projects
contained in the annual state transportation program.
Sec. 610. The department shall have as a priority the removal
of dead deer and other large animal remains from the traveled
portion and shoulder of state highways. The department, and
counties that perform state highway maintenance under contract,
shall remove animal remains, wherever practicable and when funds
are available, away from the traveled portion and shoulder of state
highways.
Sec. 612. The department shall establish guidelines governing
incentives and disincentives provided under contracts for state
trunkline projects. The guidelines shall include specific financial
information concerning incentives and disincentives. On or before
January 1 of each year, the department shall prepare a report for
the immediately preceding fiscal year regarding contract incentives
and disincentives. This report shall include a list, by project, of
the contractors that received contract incentives and/or
disincentives, the amount of the incentives and/or disincentives,
the fund source of any incentives, and the number of days that each
project was completed either ahead or past the contracted
completion date. This report shall be provided to the senate and
house appropriations subcommittees on transportation, the senate
and house standing committees on transportation, and the senate and
house fiscal agencies.
Sec. 660. (1) The legislature encourages the department to
examine the use of alternative road surface materials, including
recycled materials, and to develop criteria and specifications for
their use in both department-managed and contracted projects.
(2) The department shall evaluate the use of a bituminous mix
which incorporates crumb rubber from scrap tires.
(3) The department shall report on efforts taken to implement
this section. The report shall include descriptions of specific
materials evaluated, evaluation methods, and results of specific
field or laboratory tests. The department shall complete and submit
the report to the state budget director, the house and senate
appropriations subcommittees on transportation, and the house and
senate fiscal agencies on or before March 1 of each year.
TRANSIT AND RAIL RELATED FUNDS
Sec. 701. The department shall establish an intercity bus
equipment and facility fund as a subsidiary fund within the
comprehensive transportation fund created under section 10b of 1951
PA 51, MCL 247.660b. Proceeds received by this state from the sale
of state-owned intercity bus equipment shall be credited to the
intercity bus equipment and facility fund for the purchase and
repair of intercity bus equipment, as appropriated. Security
deposits not returned to a lessee of state-owned intercity bus
equipment under terms of the lease agreement shall be credited to
the intercity bus equipment and facility fund for the repair of
intercity bus equipment, as appropriated. Money received by the
department from lease payments for state-owned intercity bus
equipment, and facility maintenance charges under terms of leases
of state-owned intercity facilities, shall be credited to the
intercity bus equipment and facility fund for the purchase and
repair of intercity bus equipment or for the maintenance and
rehabilitation of state-owned intercity facilities, as
appropriated. At the close of the fiscal year, any funds remaining
in the intercity bus equipment and facility fund shall remain in
the fund and be carried forward into the succeeding fiscal year.
Sec. 702. Money that is received by this state as repayment
for loans made for rail or water freight capital projects, and as a
result of the sale of property or equipment used or projected to be
used for rail or water freight projects shall be deposited in the
rail freight fund created by section 17 of the state transportation
preservation act of 1976, 1976 PA 295, MCL 474.67. At the close of
the fiscal year, any funds remaining in the rail freight fund shall
remain in the fund and be carried forward into the succeeding
fiscal year.
Sec. 703. After receiving notification from a railroad company
pursuant to section 8 of the state transportation preservation act
of 1976, 1976 PA 295, MCL 474.58, the department shall immediately
notify the house of representatives and senate appropriations
subcommittees on transportation and the state budget office that
the railroad company has filed with the appropriate governmental
agencies for abandonment of a line.
Sec. 704. From the funds appropriated in part 1, the
department shall prepare and transmit a report that provides detail
regarding the department's expenditures for programs funded under
the appropriation in part 1 for rail operations and infrastructure.
The report shall include a breakdown of the appropriation by
program, year-to-date expenditures under each program itemized by
project, and an estimate of future expenditures under each program
itemized by project for the remainder of the fiscal year. The
initial report shall be submitted to the senate and house
appropriations subcommittees on transportation, and the senate and
house fiscal agencies, on or before October 30. The department also
shall update and resubmit the report on or before February 1.
Sec. 705. It is the intent of the legislature that the
department will provide assistance, whether administrative or
otherwise, to the city of Woodhaven so that the city may meet
funding needs for a rail and street separation project.
Sec. 706. The Detroit/Wayne County Port Authority shall issue
a complete operations assessment and a financial disclosure
statement. The operations assessment shall include operational
goals for the next 5 years and recommendations to improve land
acquisition and development efficiency. The report shall be
completed and submitted to the house of representatives and senate
appropriations subcommittees on transportation, the state budget
director, and the house and senate fiscal agencies by February 15
of each fiscal year for the prior fiscal year.
Sec. 711. (1) As prescribed in subsection (2), the department
shall submit reports to the state budget director, the house and
senate appropriations subcommittees on transportation, and the
house and senate fiscal agencies on rail passenger service provided
by Amtrak under a contractual agreement with the department. The
report shall be submitted on or before May 1 of each year.
(2) The report shall include all of the following:
(a) Passenger counts for the preceding fiscal year for each of
the 3 Amtrak routes in Michigan.
(b) Revenue and operating expenses by Amtrak route.
(c) Total state operating payments to Amtrak in the preceding
fiscal year by Amtrak route.
(d) A discussion of major factors affecting route costs and
revenue and net state costs in the preceding fiscal year, and
factors affecting route costs and revenue and net state costs
anticipated in the current and future fiscal years.
Sec. 735. For the fiscal year ending September 30, 2017, the
appropriation to a street railway pursuant to section 10e(22) of
1951 PA 51, MCL 247.660e, is $0.
AERONAUTICS FUND
Sec. 801. Except as otherwise provided in section 903 for
capital outlay, at the close of the fiscal year, any unobligated
and unexpended balance in the state aeronautics fund created in the
aeronautics code of the state of Michigan, 1945 PA 327, MCL 259.1
to 259.208, shall lapse to the state aeronautics fund and be
appropriated by the legislature in the immediately succeeding
fiscal year.
Sec. 802. The legislature encourages the department to find
private entities or local public agencies to assume ownership and
operating responsibility for airports currently owned by the
department.
Sec. 803. Not later than December 1, 2016, the department, in
cooperation with the department of technology, management, and
budget, shall release a request for proposal seeking competitive
bids for the award of a contract for third party management and
sale of the department's aging aircraft. Third party management
shall include, but not be limited to: aircraft transportation
services, aircraft, aircraft personnel including pilots and
technicians, aircraft maintenance, aircraft facilities, and
aircraft fuel.
CAPITAL OUTLAY
Sec. 901. (1) From federal-state-local project appropriations
contained in part 1 for the purpose of assisting political entities
and subdivisions of this state in the construction and improvement
of publicly used airports and landing fields within this state, the
state transportation department may permit the award of contracts
on behalf of units of local government for the authorized locations
not to exceed the indicated amounts, of which the state allocated
portion shall not exceed the amount appropriated in part 1.
(2) Political entities and subdivisions shall provide not less
than 5% of the cost of any project under this section, unless a
total nonfederal share greater than 10% is otherwise specified in
federal law. State money shall not be allocated until local money
is allocated. State money for any 1 project shall not exceed 1/3 of
the total appropriation in part 1 from state funds for airport
improvement programs.
(3) The Michigan aeronautics commission may take those steps
necessary to match federal money available for airport construction
and improvement within this state and to meet the matching
requirements of the federal government. Whether acting alone or
jointly with another political subdivision or public agency or with
this state, a political subdivision or public agency of this state
shall not submit to any agency of the federal government a project
application for airport planning or development unless it is
authorized in this part and part 1 and the project application is
approved by the governing body of each political subdivision or
public agency making the application and by the Michigan
aeronautics commission.
Sec. 903. The appropriations in part 1 for capital outlay
shall be carried forward at the end of the fiscal year consistent
with the provisions of section 248 of the management and budget
act, 1984 PA 431, MCL 18.1248.
PART 2A
PROVISIONS CONCERNING ANTICIPATED APPROPRIATIONS
FOR FISCAL YEAR 2017-2018
GENERAL SECTIONS
Sec. 1201. It is the intent of the legislature to provide
appropriations for the fiscal year ending on September 30, 2018 for
the line items listed in part 1. The fiscal year 2017-2018
appropriations are anticipated to be the same as those for fiscal
year 2016-2017, except that the line items will be adjusted for
changes in caseload and related costs, federal fund match rates,
economic factors, and available revenue. These adjustments will be
determined after the January 2017 consensus revenue estimating
conference.