Bill Text: MI HB5756 | 2017-2018 | 99th Legislature | Introduced
Bill Title: Appropriations; other; executive recommendation; provide for omnibus bill. Creates appropriation act.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2018-04-10 - Bill Electronically Reproduced 03/22/2018 [HB5756 Detail]
Download: Michigan-2017-HB5756-Introduced.html
HOUSE BILL No. 5756
March 22, 2018, Introduced by Rep. Cox and referred to the Committee on Appropriations.
A bill to make appropriations for various state departments and agencies; the
judicial branch, and the legislative branch for the fiscal years ending September 30,
2019; to provide anticipated appropriations for the fiscal year ending September 30,
2020; to provide for certain conditions on appropriations; to provide for the
expenditure of the appropriations.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
PART 1
LINE-ITEM APPROPRIATIONS
For Fiscal For Fiscal
Year Ending Year Ending
Sept. 30, 2019 Sept. 30, 2020
APPROPRIATION SUMMARY
GROSS APPROPRIATION...................................... $ 56,815,582,900 $ 56,858,870,200
Total interdepartmental grants and interdepartmental
transfers............................................... 918,171,700 918,171,700
ADJUSTED GROSS APPROPRIATION............................. $ 55,897,411,200 $ 55,940,698,500
Total federal revenues................................... 22,684,811,100 22,563,311,100
Total local revenues..................................... 217,827,100 217,827,100
Total private revenues................................... 168,026,400 168,026,400
Total other state restricted revenues.................... 22,777,420,500 23,033,117,500
State general fund/general purpose....................... $ 10,049,326,100 $ 9,958,416,400
Article 1
DEPARTMENT OF AGRICULTURE AND RURAL DEVELOPMENT
PART 1
LINE-ITEM APPROPRIATIONS AND ANTICIPATED APPROPRIATIONS
Sec. 1-101. Subject to the conditions set forth in this article, the amounts
listed in this part for the department of agriculture and rural development are
appropriated for the fiscal year ending September 30, 2019, and are anticipated to be
appropriated for the fiscal year ending September 30, 2020, from the funds indicated
in this part. The following is a summary of the appropriations and anticipated
appropriations in this part:
DEPARTMENT OF AGRICULTURE AND RURAL DEVELOPMENT
APPROPRIATION SUMMARY
Full-time equated unclassified positions................ 6.0 6.0
Full-time equated classified positions.................. 500.5 500.5
GROSS APPROPRIATION...................................... $ 102,888,100 $ 102,888,100
Total interdepartmental grants and interdepartmental
transfers............................................... 313,900 313,900
ADJUSTED GROSS APPROPRIATION............................. $ 102,574,200 $ 102,574,200
Total federal revenues................................... 11,695,200 11,695,200
Total local revenues..................................... 0 0
Total private revenues................................... 101,800 101,800
Total other state restricted revenues.................... 37,072,000 37,072,000
State general fund/general purpose....................... $ 53,705,200 $ 53,705,200
State general fund/general purpose schedule:
Ongoing state general fund/general purpose............ 53,705,200 53,705,200
One-time state general fund/general purpose........... 0 0
Sec. 1-102. DEPARTMENTAL ADMINISTRATION AND SUPPORT
Full-time equated unclassified positions................ 6.0 6.0
Full-time equated classified positions.................. 24.0 24.0
Unclassified salaries-6.0 FTE positions.................. $ 573,500 $ 573,500
Accounting service center................................ 1,164,200 1,164,200
Commissions and boards................................... 23,800 23,800
Emergency management-4.0 FTE positions................... 1,093,300 1,093,300
Executive direction-20.0 FTE positions................... 2,561,900 2,561,900
Property management...................................... 705,700 705,700
GROSS APPROPRIATION...................................... $ 6,122,400 $ 6,122,400
Appropriated from:
Federal revenues:
Other federal revenues................................... 438,100 438,100
Special revenue funds:
Other state restricted revenues.......................... 253,900 253,900
State general fund/general purpose....................... $ 5,430,400 $ 5,430,400
Sec. 1-103. INFORMATION TECHNOLOGY
Information technology services and projects............. $ 1,794,500 $ 1,794,500
GROSS APPROPRIATION...................................... $ 1,794,500 $ 1,794,500
Appropriated from:
Interdepartmental grant revenues:
IDG from department of licensing and regulatory affairs.. 3,200 3,200
Special revenue funds:
Other state restricted revenues.......................... 187,600 187,600
State general fund/general purpose....................... $ 1,603,700 $ 1,603,700
Sec. 1-104. FOOD AND DAIRY
Full-time equated classified positions.................. 132.0 132.0
Food safety and quality assurance-96.0 FTE positions..... $ 16,602,900 $ 16,602,900
Milk safety and quality assurance-36.0 FTE positions..... 5,359,900 5,359,900
GROSS APPROPRIATION...................................... $ 21,962,800 $ 21,962,800
Appropriated from:
Federal revenues:
Other federal revenues................................... 2,455,700 2,455,700
Special revenue funds:
Other state restricted revenues.......................... 5,778,000 5,778,000
State general fund/general purpose....................... $ 13,729,100 $ 13,729,100
Sec. 1-105. ANIMAL INDUSTRY
Full-time equated classified positions.................. 61.0 61.0
Animal disease prevention and response-61.0 FTE
positions............................................... $ 9,356,900 $ 9,356,900
Indemnification - livestock depredation.................. 50,000 50,000
GROSS APPROPRIATION...................................... $ 9,406,900 $ 9,406,900
Appropriated from:
Federal revenues:
Other federal revenues................................... 618,000 618,000
Special revenue funds:
Private revenues......................................... 30,500 30,500
Other state restricted revenues.......................... 220,300 220,300
State general fund/general purpose....................... $ 8,538,100 $ 8,538,100
Sec. 1-106. PESTICIDE AND PLANT PEST MANAGEMENT
Full-time equated classified positions.................. 93.0 93.0
Pesticide and plant pest management-87.0 FTE positions... $ 14,172,700 $ 14,172,700
Producer security/grain dealers-6.0 FTE positions........ 628,200 628,200
GROSS APPROPRIATION...................................... $ 14,800,900 $ 14,800,900
Appropriated from:
Federal revenues:
Other federal revenues................................... 1,686,900 1,686,900
Special revenue funds:
Private revenues......................................... 21,300 21,300
Other state restricted revenues.......................... 7,348,000 7,348,000
State general fund/general purpose....................... $ 5,744,700 $ 5,744,700
Sec. 1-107. ENVIRONMENTAL STEWARDSHIP
Full-time equated classified positions.................. 65.5 65.5
Environmental stewardship - MAEAP-25.0 FTE positions..... $ 10,191,300 $ 10,191,300
Farmland and open space preservation-10.0 FTE
positions............................................... 1,545,000 1,545,000
Intercounty drain-6.0 FTE positions...................... 811,900 811,900
Migrant labor housing-9.0 FTE positions.................. 1,231,100 1,231,100
Qualified forest program-9.0 FTE positions............... 2,590,000 2,590,000
Right-to-farm-6.5 FTE positions.......................... 964,000 964,000
GROSS APPROPRIATION...................................... $ 17,333,300 $ 17,333,300
Appropriated from:
Interdepartmental grant revenues:
IDG from department of environmental quality............. 90,200 90,200
Federal revenues:
Other federal revenues................................... 1,479,100 1,479,100
Special revenue funds:
Other state restricted revenues.......................... 9,762,200 9,762,200
State general fund/general purpose....................... $ 6,001,800 $ 6,001,800
Sec. 1-108. LABORATORY SERVICES
Full-time equated classified positions.................. 108.0 108.0
Central licensing and customer service call center-
12.0 FTE positions...................................... $ 1,338,200 $ 1,338,200
Consumer protection program-41.0 FTE positions........... 6,790,600 6,790,600
Laboratory services-42.0 FTE positions................... 7,141,500 7,141,500
USDA monitoring-13.0 FTE positions....................... 1,637,300 1,637,300
GROSS APPROPRIATION...................................... $ 16,907,600 $ 16,907,600
Appropriated from:
Interdepartmental grant revenues:
IDG from department of licensing and regulatory affairs.. 220,500 220,500
Federal revenues:
Other federal revenues................................... 2,744,200 2,744,200
Special revenue funds:
Other state restricted revenues.......................... 6,784,100 6,784,100
State general fund/general purpose....................... $ 7,158,800 $ 7,158,800
Sec. 1-109. AGRICULTURE DEVELOPMENT
Full-time equated classified positions.................. 17.0 17.0
Agriculture development-13.0 FTE positions............... $ 4,250,500 $ 4,250,500
Food and agriculture investment program.................. 3,300,000 3,300,000
Grape and wine program-3.0 FTE positions................. 934,800 934,800
Rural development fund grant program-1.0 FTE position.... 2,004,600 2,004,600
Statistical reporting service............................ 2,600 2,600
GROSS APPROPRIATION...................................... $ 10,492,500 $ 10,492,500
Appropriated from:
Federal revenues:
Other federal revenues................................... 2,273,200 2,273,200
Special revenue funds:
Private revenues......................................... 50,000 50,000
Other state restricted revenues.......................... 3,070,700 3,070,700
State general fund/general purpose....................... $ 5,098,600 $ 5,098,600
Sec. 1-110. FAIRS AND EXPOSITIONS
County fairs, shows, and expositions grants.............. $ 400,000 $ 400,000
Fairs and racing......................................... 256,600 256,600
Licensed tracks - light horse racing..................... 40,300 40,300
Light horse racing - breeders' awards.................... 20,000 20,000
Purses and supplements - fairs/licensed tracks........... 708,300 708,300
Standardbred breeders' awards............................ 345,900 345,900
Standardbred purses and supplements - licensed tracks.... 671,800 671,800
Standardbred sire stakes................................. 275,000 275,000
Thoroughbred breeders' awards............................ 368,600 368,600
Thoroughbred sire stakes................................. 378,800 378,800
Thoroughbred supplements - licensed tracks............... 601,900 601,900
GROSS APPROPRIATION...................................... $ 4,067,200 $ 4,067,200
Appropriated from:
Special revenue funds:
Other state restricted revenues.......................... 3,667,200 3,667,200
State general fund/general purpose....................... $ 400,000 $ 400,000
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
FISCAL YEAR 2019
GENERAL SECTIONS
Sec. 1-201. Pursuant to section 30 of article IX of the state constitution of
1963, total state spending from state resources under part 1 for the fiscal year 2019
is $90,777,200.00 and state spending from state resources to be paid to local units of
government for fiscal year 2019 is $6,350,000.00. The itemized statement below
identifies appropriations from which spending to local units of government will occur:
DEPARTMENT OF AGRICULTURE AND RURAL DEVELOPMENT
Environmental stewardship - MAEAP....................................... $ 4,250,000
Qualified forest program................................................ 1,500,000
Rural development fund grant program.................................... 600,000
TOTAL..................................................................... $ 6,350,000
Sec. 1-202. The appropriations authorized under this article are subject to the
management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594.
Sec. 1-203. As used in this article:
(a) "Department" means the department of agriculture and rural development.
(b) "Director" means the director of the department.
(c) "FTE" means full-time equated.
(d) "IDG" means interdepartmental grant.
(e) "MAEAP" means the Michigan agriculture environmental assurance program.
(f) "TB" means tuberculosis.
(g) "USDA" means the United States Department of Agriculture.
Sec. 1-204. The departments and agencies receiving appropriations in part 1 shall
use the Internet to fulfill the reporting requirements of this article. This
requirement may include transmission of reports via electronic mail to the recipients
identified for each reporting requirement, or it may include placement of reports on
an Internet or Intranet site.
Sec. 1-205. Funds appropriated in part 1 shall not be used for the purchase of
foreign goods or services, or both, if competitively priced and of comparable quality
American goods or services, or both, are available. Preference shall be given to goods
or services, or both, manufactured or provided by Michigan businesses, if they are
competitively priced and of comparable quality. In addition, preference should be
given to goods or services, or both, that are manufactured or provided by Michigan
businesses owned and operated by veterans, if they are competitively priced and of
comparable quality.
Sec. 1-206. The director shall take all reasonable steps to ensure businesses in
deprived and depressed communities compete for and perform contracts to provide
services or supplies, or both. The director shall strongly encourage firms with which
the department contracts to subcontract with certified businesses in depressed and
deprived communities for services or supplies, or both.
Sec. 1-207. The departments and agencies receiving appropriations in part 1 shall
prepare a report on out-of-state travel expenses not later than January 1 of each
year. The travel report shall be a listing of all travel by classified and
unclassified employees outside this state in the immediately preceding fiscal year
that was funded in whole or in part with funds appropriated in the department's
budget. The report shall be submitted to the senate and house appropriations
committees, the house and senate fiscal agencies, and the state budget director. The
report shall include the following information:
(a) The dates of each travel occurrence.
(b) The transportation and related costs of each travel occurrence, including the
proportion funded with state general fund/general purpose revenues, the proportion
funded with state restricted revenues, the proportion funded with federal revenues,
and the proportion funded with other revenues.
Sec. 1-208. Funds appropriated in part 1 shall not be used by a principal
executive department, state agency, or authority to hire a person to provide legal
services that are the responsibility of the attorney general. This prohibition does
not apply to legal services for bonding activities and for those outside services that
the attorney general authorizes.
Sec. 1-209. Not later than November 30, the state budget office shall prepare and
transmit a report that provides for estimates of the total general fund/general
purpose appropriation lapses at the close of the prior fiscal year. This report shall
summarize the projected year-end general fund/general purpose appropriation lapses by
major departmental program or program areas. The report shall be transmitted to the
chairpersons of the senate and house appropriations committees and the senate and
house fiscal agencies.
Sec. 1-210. (1) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $5,000,000.00 for federal contingency funds.
These funds are not available for expenditure until they have been transferred to
another line item in this article under section 393(2) of the management and budget
act, 1984 PA 431, MCL 18.1393.
(2) In addition to the funds appropriated in part 1, there is appropriated an
amount not to exceed $6,000,000.00 for state restricted contingency funds. These funds
are not available for expenditure until they have been transferred to another line
item in this article under section 393(2) of the management and budget act, 1984 PA
431, MCL 18.1393.
(3) In addition to the funds appropriated in part 1, there is appropriated an
amount not to exceed $100,000.00 for local contingency funds. These funds are not
available for expenditure until they have been transferred to another line item in
this article under section 393(2) of the management and budget act, 1984 PA 431, MCL
18.1393.
(4) In addition to the funds appropriated in part 1, there is appropriated an
amount not to exceed $100,000.00 for private contingency funds. These funds are not
available for expenditure until they have been transferred to another line item in
this article under section 393(2) of the management and budget act, 1984 PA 431, MCL
18.1393.
Sec. 1-211. The department shall cooperate with the department of technology,
management and budget to maintain a searchable website accessible by the public at no
cost that includes, but is not limited to, all of the following for each department or
agency:
(a) Fiscal year-to-date expenditures by category.
(b) Fiscal year-to-date expenditures by appropriation unit.
(c) Fiscal year-to-date payments to a selected vendor, including the vendor name,
payment date, payment amount, and payment description.
(d) The number of active department employees by job classification.
(e) Job specifications and wage rates.
Sec. 1-212. Within 14 days after the release of the executive budget
recommendation, the department shall cooperate with the state budget office to provide
the senate and house appropriations chairs, the senate and house appropriations
subcommittees chairs, and the senate and house fiscal agencies with an annual report
on estimated state restricted fund balances, state restricted fund projected revenues,
and state restricted fund expenditures for the fiscal years ending September 30, 2018
and September 30, 2019.
Sec. 1-213. The department shall maintain, on a publicly accessible website, a
department scorecard that identifies, tracks and regularly updates key metrics that
are used to monitor and improve the department's performance.
Sec. 1-214. Total authorized appropriations from all sources under part 1 for
legacy costs for the fiscal year ending September 30, 2019 are estimated at
$12,428,400.00. From this amount, total agency appropriations for pension-related
legacy costs are estimated at $5,729,700.00. Total agency appropriations for retiree
health care legacy costs are estimated at $6,698,700.00.
DEPARTMENTAL ADMINISTRATION AND SUPPORT
Sec. 1-301. (1) The department may establish a fee schedule and collect fees for
the following work activities and services:
(a) Pesticide and plant pest management propagation and certification of virus-
free foundation stock.
(b) Fruit and vegetable inspection and grading services at shipping and
termination points and processing plants.
(c) Laboratory support analyses of food, livestock, and agricultural products for
disease, foreign products for disease, toxic materials, foreign substances, and
quality standards.
(d) Laboratory support test samples for other state and local agencies and public
or private organizations.
(2) The department may receive and expend revenue from the fees authorized under
subsection (1), subject to appropriation, for the purpose of recovering expenses
associated with the work activities and services described in subsection (1). Fee
revenue collected by the department under subsection (1) shall not lapse to the state
general fund at the end of the fiscal year but shall carry forward for appropriation
by the legislature in the subsequent fiscal year.
(3) The department shall notify the subcommittees, the fiscal agencies, and the
state budget office 30 days prior to proposing changes in fees authorized under this
section or under section 5 of 1915 PA 91, MCL 285.35.
(4) On or before February 1 of each year, the department shall provide a report
to the subcommittees, the fiscal agencies, and the state budget office detailing all
the fees charged by the department under the authorization provided in this section,
including, but not limited to, rates, number of individuals paying each fee, and the
revenue generated by each fee in the previous fiscal year.
Sec. 1-302. (1) The department may contract with or provide grants to local units
of government, institutions of higher education, or nonprofit organizations to support
activities authorized by appropriations in part 1. As used in this section, contracts
and grants include, but are not limited to, contracts for delivery of
groundwater/freshwater programs, MAEAP technical assistance, forest management,
invasive species monitoring, wildlife risk mitigation, grants promoting proper
pesticide disposal, and research grants for the purpose of enhancing the agricultural
industries in this state.
(2) The department shall provide notice of contracts or grants authorized under
this section to the subcommittees, the fiscal agencies, and the state budget office
not later than 7 days before the department notifies contract or grant recipients.
FOOD AND DAIRY
Sec. 1-401. (1) The department shall report on the previous fiscal year's
activities of the food and dairy division. The report shall include information on
activities and outcomes of the dairy safety and inspection program, the food safety
inspection program, the foodborne illness and emergency response program, and the food
service program.
(2) The report shall include information on significant foodborne outbreaks and
emergencies, including any significant enforcement actions taken related to food
safety during the prior calendar year.
(3) The report shall be transmitted to the subcommittees, the fiscal agencies,
and the state budget office and posted to the department's website on or before April
1 of each year.
ANIMAL INDUSTRY
Sec. 1-452. (1) The department shall report on the previous calendar year's
activities of the animal industry division. The report shall be transmitted to the
subcommittees, the fiscal agencies, and the state budget office and posted to the
department's website on or before April 1 of each year.
(2) The department shall include in the report all indemnification payments for
livestock depredation made in the previous calendar year and shall include all of the
following information:
(a) The reason for the indemnification.
(b) The amount of indemnification.
(c) The person for whom the indemnification was paid.
Sec. 1-454. The department shall use its resources to collaborate with the USDA
to monitor bovine TB, consistent with the May 2016 memorandum of understanding between
the department and the USDA.
PESTICIDE AND PLANT PEST MANAGEMENT
Sec. 1-501. The department shall report on the previous calendar year's
activities of the pesticide and plant pest management division. The report shall be
transmitted to the subcommittees, fiscal agencies, and the state budget office and
posted to the department's website on or before April 1 of each year.
ENVIRONMENTAL STEWARDSHIP
Sec. 1-601. The funds appropriated in part 1 for environmental stewardship/MAEAP
shall be used to support department agriculture pollution prevention programs,
including groundwater and freshwater protection programs under part 87 of the Michigan
natural resources and environmental protection act, 1994 PA 451, MCL 324.8701 to
324.8717, and technical assistance in implementing conservation grants available under
the federal farm bill of 2014.
Sec. 1-602. The department shall report on the previous calendar year's
activities of the environmental stewardship division. The report shall be transmitted
to the subcommittees, fiscal agencies, and the state budget office and posted to the
department's website on or before April 1 of each year.
Sec. 1-604. The department may receive and expend federal revenues in excess of
the federal revenue appropriated in part 1, section 107, for environmental stewardship
and MAEAP activities. The department shall notify the subcommittees, fiscal agencies,
and the state budget office prior to expending federal revenues authorized under this
section.
Sec. 1-608. (1) The appropriations in part 1 for qualified forest affidavit
program are for the purpose of increasing the knowledge of nonindustrial private
forestland owners of sound forest management practices and increasing the amount of
commercial timber production from those lands.
(2) The department shall work in partnership with stakeholder groups and other
state and federal agencies to increase the active management of nonindustrial private
forestland to foster the growth of Michigan's timber product industry.
Sec. 1-651. The department shall report on the previous calendar year's
activities of the laboratory division. The report shall be transmitted to the
subcommittees, fiscal agencies, and the state budget office and posted to the
department's website on or before April 1 of each year.
AGRICULTURE DEVELOPMENT
Sec. 1-701. (1) From the funds appropriated in part 1 for the food and
agriculture investment program, the department shall establish and administer a food
and agriculture investment program.
(2) The food and agriculture investment program shall expand the Michigan food
and agriculture sector, grow Michigan exports, promote the development of value-added
agricultural production, food hubs, food incubators, and community-based processing
facilities, and the expansion of farm markets and urban agriculture, and increase food
processing activities within the state by accelerating projects and infrastructure
development that support growth in the food and agriculture processing industry.
(3) In addition to the funds appropriated in part 1, the department may receive
and expend funds received from outside sources for the food and agriculture investment
program.
(4) Before the allocation of funding, all projects shall receive approval from
the Michigan commission of agriculture and rural development, except for projects
selected through a competitive process by a joint evaluation committee selected by the
director and consisting of representatives that have agriculture, business, and
economic development expertise. Projects funded through the food and agriculture
investment program will be required to have a grant agreement that outlines milestones
and activities that must be met in order to receive a disbursement of funds. Projects
must also identify measurable project outcomes.
(5) The food and agriculture investment program shall be administered by the
department and provide support for food and agriculture projects that will enable
growth in the industry and this state's economy.
(6) The unexpended funds appropriated in part 1 for the food and agriculture
investment program are designated as a work project appropriation, and any
unencumbered or unallotted funds shall not lapse at the end of the fiscal year and
shall be available for expenditures for projects under this section until the projects
have been completed. The following is in compliance with section 451a(1) of the
management and budget act, 1984 PA 431, MCL 18.1451a:
(a) The purpose of the project is to promote and expand the Michigan food and
agriculture sector, grow Michigan exports, and increase food processing activities
within the state.
(b) The project will be accomplished by utilizing state employees or contracts
with service providers, or both.
(c) The total estimated cost of the project is $3,300,000.00.
(d) The tentative completion date for the work project is September 30, 2021.
(7) The department may expend money from the funds appropriated in part 1 for the
food and agriculture investment program, including all of the following activities:
(a) Grants.
(b) Loans or loan guarantees.
(c) Infrastructure development.
(d) Other economic assistance.
(e) Program administration.
(f) Export assistance.
(8) The department shall expend no more than 10% from the funds appropriated in
part 1 for the food and agriculture investment program for administrative purposes.
Sec. 1-706. (1) The department shall report on the previous calendar year's
activities of the agriculture development division. The report shall be transmitted to
the subcommittees, the fiscal agencies, and the state budget office and posted to the
department's website on or before April 1 of each year.
(2) The report shall include the following information on any grants awarded
during the prior fiscal year:
(a) The name of the grantee.
(b) The amount of the grant.
(c) The purpose of the grant, including measurable outcomes.
(d) Additional state, federal, private, or local funds contributed to the grant
project.
(e) The completion date of grant-funded activities.
(3) The report shall include the following information on the Grape and Wine
Council established under section 303 of the Michigan Liquor Control Code of 1998,
1998 MCL 436 1303:
(a) Council activities and accomplishments for the previous fiscal year.
(b) Council expenditures for the previous fiscal year by category of
administration, industry support, research and education grants and promotional
consumer education.
(c) Grants awarded during the previous fiscal year and results of research grant
projects.
FAIRS AND EXPOSITIONS
Sec. 1-801. All appropriations from the agriculture equine industry development
fund shall be spent on equine-related purposes. No funds from the agriculture equine
industry development fund shall be expended for nonequine-related purposes without
prior approval of the legislature.
Sec. 1-802. 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, shall be reduced
proportionately if revenues to the agriculture equine industry development fund
decline during the preceding fiscal year to a level lower than the amounts
appropriated in part 1.
Sec. 1-805. (1) The department shall establish and administer a county fairs,
shows, and expositions grant program. The program shall have the following objectives:
(a) Assist in the promotion of building improvements or other capital
improvements at county fairgrounds of the state.
(b) Provide financial support, promotion, prizes, and premiums of equine,
livestock, and other agricultural commodity expositions in the state.
(2) The department shall award grants on a competitive basis to county fairs or
other organizations from the funds appropriated in part 1 for county fairs, shows, and
expositions grants. Grantees will be required to provide a dollar-for-dollar cash
match with grant awards and identify measurable project outcomes. A county fair
organization that received a county fair capital improvement grant in the prior fiscal
year shall not receive a grant from the appropriation in part 1.
(3) From the amount appropriated in part 1 for county fairs, shows, and
expositions, up to $20,000.00 shall be expended for the purpose of financial support,
promotion, prizes, and premiums of equine, livestock, and other agricultural commodity
expositions in this state.
(4) All fairs receiving grants under this section shall provide a report to the
department on the financial impact resulting from the capital improvement project on
both fair and non-fair events. These reports are due for three years immediately
following the completion of the capital improvement project.
(5) The department shall identify criteria, evaluate applications, and provide
recommendations to the director for final approval of grant awards.
(6) The department may expend money from the funds appropriated in part 1 for the
county fairs, shows, and expositions grants for administering the program.
(7) The unexpended funds appropriated in part 1 for county fairs, shows, and
expositions grants are designated as a work project appropriation, and any
unencumbered or unallotted funds shall not lapse at the end of the fiscal year and
shall be available for expenditures 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 18.1594:
(a) The purpose of the project is to support building improvements or other
capital improvements at county fairgrounds of the state.
(b) The project will be accomplished by utilizing state employees or contracts
with service providers, or both.
(c) The total estimated cost of the project is $400,000.00.
(d) The tentative completion date for the work project is September 30, 2020.
(8) The department shall provide a year-end report on the county fairs, shows,
and expositions grants no later than December 1, 2018 to the subcommittees, fiscal
agencies, and state budget office, which shall include a listing of the grantees,
award amounts, match funding, and project outcomes.
Article 2
DEPARTMENT OF ATTORNEY GENERAL
PART 1
LINE-ITEM APPROPRIATIONS AND ANTICIPATED APPROPRIATIONS
Sec. 2-101. Subject to the conditions set forth in this article, the amounts
listed in this part for the department of attorney general are appropriated for the
fiscal year ending September 30, 2019, and are anticipated to be appropriated for the
fiscal year ending September 30, 2020, from the funds indicated in this part. The
following is a summary of the appropriations and anticipated appropriations in this
part:
DEPARTMENT OF ATTORNEY GENERAL
APPROPRIATION SUMMARY
Full-time equated unclassified positions................ 6.0 6.0
Full-time equated classified positions.................. 530.0 530.0
GROSS APPROPRIATION...................................... $ 102,028,900 $ 102,028,900
Total interdepartmental grants and interdepartmental
transfers............................................... 30,386,400 30,386,400
ADJUSTED GROSS APPROPRIATION............................. $ 71,642,500 $ 71,642,500
Total federal revenues................................... 9,628,500 9,628,500
Total local revenues..................................... 0 0
Total private revenues................................... 0 0
Total other state restricted revenues.................... 21,907,200 21,907,200
State general fund/general purpose....................... $ 40,106,800 $ 40,106,800
State general fund/general purpose schedule:
Ongoing state general fund/general purpose............ 40,106,800 40,106,800
One-time state general fund/general purpose........... 0 0
Sec. 2-102. ATTORNEY GENERAL OPERATIONS
Full-time equated unclassified positions................ 6.0 6.0
Full-time equated classified positions.................. 530.0 530.0
Attorney general-1.0 FTE position........................ $ 112,500 $ 112,500
Unclassified salaries-5.0 FTE positions.................. 792,100 792,100
Attorney general operations-487.0 FTE positions.......... 91,155,200 91,155,200
Child support enforcement-25.0 FTE positions............. 3,578,300 3,578,300
Prosecuting attorneys coordinating council-12.0 FTE
positions............................................... 2,186,800 2,186,800
Public safety initiative-1.0 FTE position................ 906,200 906,200
Sexual assault law enforcement-5.0 FTE positions......... 1,720,200 1,720,200
GROSS APPROPRIATION...................................... $ 100,451,300 $ 100,451,300
Appropriated from:
Interdepartmental grant revenues:
IDG from department of corrections....................... 677,900 677,900
IDG from department of education......................... 608,900 608,900
IDG from department of environmental quality............. 2,051,400 2,051,400
IDG from department of health and human services......... 7,142,800 7,142,800
IDG from department of insurance and financial
services................................................ 1,230,700 1,230,700
IDG from department of licensing and regulatory
affairs................................................. 5,034,800 5,034,800
IDG from department of military and veterans affairs..... 169,100 169,100
IDG from department of state............................. 45,000 45,000
IDG from department of state police...................... 262,900 262,900
IDG from department of talent and economic development... 969,900 969,900
IDG from department of technology, management and
budget.................................................. 2,287,100 2,287,100
IDG from department of transportation.................... 2,863,500 2,863,500
IDG from department of treasury.......................... 7,042,400 7,042,400
Federal revenues:
Other federal revenues................................... 9,628,500 9,628,500
Special revenue funds:
Michigan merit award trust fund.......................... 506,700 506,700
Other state restricted revenues.......................... 21,400,500 21,400,500
State general fund/general purpose....................... $ 38,529,200 $ 38,529,200
Sec. 2-103. INFORMATION TECHNOLOGY
Information technology services and projects............. $ 1,577,600 $ 1,577,600
GROSS APPROPRIATION...................................... $ 1,577,600 $ 1,577,600
Appropriated from:
Special revenue funds:
State general fund/general purpose....................... $ 1,577,600 $ 1,577,600
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
FISCAL YEAR 2019
GENERAL SECTIONS
Sec. 2-201. Pursuant to section 30 of article IX of the state constitution of
1963, total state spending from state resources under part 1 for the fiscal year 2019
is $62,014,000.00 and state spending from state resources to be paid to local units of
government for fiscal year 2019 is $0.00.
Sec. 2-202. The appropriations authorized under this article are subject to the
management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594.
Sec. 2-203. As used in this part and part 1:
(a) "Department" means the department of attorney general.
(b) "Director" means the director of the department
(c) "FTE" means full-time equated.
(d) "IDG" means interdepartmental grant.
(e) "DNA" means deoxyribonucleic acid.
Sec. 2-204. The departments and agencies receiving appropriations in part 1 shall
use the Internet to fulfill the reporting requirements of this article. This
requirement may include transmission of reports via electronic mail to the recipients
identified for each reporting requirement, or it may include placement of reports on
an Internet or Intranet site.
Sec. 2-205. Funds appropriated in part 1 shall not be used for the purchase of
foreign goods or services, or both, if competitively priced and of comparable quality
American goods or services, or both, are available. Preference shall be given to goods
or services, or both, manufactured or provided by Michigan businesses, if they are
competitively priced and of comparable quality. In addition, preference should be
given to goods or services, or both, that are manufactured or provided by Michigan
businesses owned and operated by veterans, if they are competitively priced and of
comparable quality.
Sec. 2-206. The director shall take all reasonable steps to ensure businesses in
deprived and depressed communities compete for and perform contracts to provide
services or supplies, or both. Each director shall strongly encourage firms with which
the department contracts to subcontract with certified businesses in depressed and
deprived communities for services, supplies, or both.
Sec. 2-207. The departments and agencies receiving appropriations in part 1 shall
prepare a report on out-of-state travel expenses not later than January 1 of each
year. The travel report shall be a listing of all travel by classified and
unclassified employees outside this state in the immediately preceding fiscal year
that was funded in whole or in part with funds appropriated in the department's
budget. The report shall be submitted to the senate and house appropriations
committees, the house and senate fiscal agencies, and the state budget director. The
report shall include the following information:
(a) The dates of each travel occurrence.
(b) The transportation and related costs of each travel occurrence, including the
proportion funded with state general fund/general purpose revenues, the proportion
funded with state restricted revenues, the proportion funded with federal revenues,
and the proportion funded with other revenues.
Sec. 2-208. Funds appropriated in part 1 shall not be used by a principal
executive department, state agency, or authority to hire a person to provide legal
services that are the responsibility of the attorney general. This prohibition does
not apply to legal services for bonding activities and for those outside services that
the attorney general authorizes.
Sec. 2-209. Not later than November 30, the state budget office shall prepare and
transmit a report that provides for estimates of the total general fund/general
purpose appropriation lapses at the close of the prior fiscal year. This report shall
summarize the projected year-end general fund/general purpose appropriation lapses by
major departmental program or program areas. The report shall be transmitted to the
chairpersons of the senate and house appropriations committees and the senate and
house fiscal agencies.
Sec. 2-210. (1) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $1,500,000.00 for federal contingency funds.
These funds are not available for expenditure until they have been transferred to
another line item in this article under section 393(2) of the management and budget
act, 1984 PA 431, MCL 18.1393.
(2) In addition to the funds appropriated in part 1, there is appropriated an
amount not to exceed $1,500,000.00 for state restricted contingency funds. These funds
are not available for expenditure until they have been transferred to another line
item in this article under section 393(2) of the management and budget act, 1984 PA
431, MCL 18.1393.
(3) In addition to the funds appropriated in part 1, there is appropriated an
amount not to exceed $100,000.00 for local contingency funds. These funds are not
available for expenditure until they have been transferred to another line item in
this article under section 393(2) of the management and budget act, 1984 PA 431, MCL
18.1393.
(4) In addition to the funds appropriated in part 1, there is appropriated an
amount not to exceed $100,000.00 for private contingency funds. These funds are not
available for expenditure until they have been transferred to another line item in
this article under section 393(2) of the management and budget act, 1984 PA 431, MCL
18.1393.
Sec. 2-211. The department shall cooperate with the department of technology,
management and budget to maintain a searchable website accessible by the public at no
cost that includes, but is not limited to, all of the following for each department or
agency:
(a) Fiscal year-to-date expenditures by category.
(b) Fiscal year-to-date expenditures by appropriation unit.
(c) Fiscal year-to-date payments to a selected vendor, including the vendor name,
payment date, payment amount, and payment description.
(d) The number of active department employees by job classification.
(e) Job specifications and wage rates.
Sec. 2-212. Within 14 days after the release of the executive budget
recommendation, the department shall cooperate with the state budget office to provide
the senate and house appropriations chairs, the senate and house appropriations
subcommittees chairs, and the senate and house fiscal agencies with an annual report
on estimated state restricted fund balances, state restricted fund projected revenues,
and state restricted fund expenditures for the fiscal years ending September 30, 2018
and September 30, 2019.
Sec. 2-213. The department shall maintain, on a publicly accessible website, a
department scorecard that identifies, tracks and regularly updates key metrics that
are used to monitor and improve the department's performance.
Sec. 2-214. Total authorized appropriations from all sources under part 1 for
legacy costs for the fiscal year ending September 30, 2019 are estimated at
$18,049,500.00. From this amount, total agency appropriations for pension-related
legacy costs are estimated at $8,321,100.00. Total agency appropriations for retiree
health care legacy costs are estimated at $9,728,400.00.
DEPARTMENT OF ATTORNEY GENERAL
Sec. 2-302. (1) The attorney general shall perform all legal services, including
representation before courts and administrative agencies rendering legal opinions and
providing legal advice to a principal executive department or state agency. A
principal executive department or state agency shall not employ or enter into a
contract with any other person for services described in this section.
(2) The attorney general shall defend judges of all state courts if a claim is
made or a civil action is commenced for injuries to persons or property caused by the
judge through the performance of the judge's duties while acting within the scope of
his or her authority as a judge.
(3) The attorney general shall perform the duties specified in 1846 RS 12, MCL
14.28 to 14.35, and 1919 PA 232, MCL 14.101 to 14.102, and as otherwise provided by
law.
Sec. 2-303. The attorney general may sell copies of the biennial report in excess
of the 350 copies that the attorney general may distribute on a gratis basis. Gratis
copies shall not be provided to members of the legislature. Electronic copies of
biennial reports shall be made available on the department of attorney general's
website. The attorney general shall sell copies of the report at not less than the
actual cost of the report and shall deposit the money received into the general fund.
Sec. 2-304. The department of attorney general is responsible for the legal
representation for state of Michigan state employee worker's disability compensation
cases. The risk management revolving fund revenue appropriation in part 1 is to be
satisfied by billings from the department of attorney general for the actual costs of
legal representation, including salaries and support costs.
Sec. 2-305. In addition to the funds appropriated in part 1, not more than
$400,000.00 shall be reimbursed per fiscal year for food stamp fraud cases heard by
the third circuit court of Wayne County that were initiated by the department of
attorney general pursuant to the existing contract between the department of health
and human services, the Prosecuting Attorneys Association of Michigan, and the
department of attorney general. The source of this funding is money earned by the
department of attorney general under the agreement after the allowance for
reimbursement to the department of attorney general for costs associated with the
prosecution of food stamp fraud cases. It is recognized that the federal funds are
earned by the department of attorney general for its documented progress on the
prosecution of food stamp fraud cases according to the United States Department of
Agriculture regulations and that, once earned by this state, the funds become state
funds.
Sec. 2-306. Any proceeds from a lawsuit initiated by or settlement agreement
entered into on behalf of this state against a manufacturer of tobacco products by the
attorney general are state funds and are subject to appropriation as provided by law.
Sec. 2-307. (1) In addition to the antitrust revenues in part 1, antitrust,
securities fraud, consumer protection or class action enforcement revenues, or
attorney fees recovered by the department, not to exceed $250,000.00, are appropriated
to the department for antitrust, securities fraud, and consumer protection or class
action enforcement cases.
(2) Any unexpended funds from antitrust, securities fraud, or consumer protection
or class action enforcement revenues at the end of the fiscal year, including
antitrust funds in part 1, may be carried forward for expenditure in the following
fiscal year up to the maximum authorization of $250,000.00.
(3) The attorney general's office shall make available upon request information
detailing the amount of revenue from subsection (1) recovered by the attorney general,
including a description of the source of the revenue and the carryforward amount.
Sec. 2-308. (1) In addition to the funds appropriated in part 1, there is
appropriated up to $1,000,000.00 from litigation expense reimbursements awarded to the
state.
(2) The funds may be expended for the payment of court judgments, settlements,
arbitration awards or other administrative and litigation decisions, attorney fees,
and litigation costs, assessed against the office of the governor, the department of
the attorney general, the governor, or the attorney general when acting in an official
capacity as the named party in litigation against the state. The funds may also be
expended for the payment of state costs incurred under section 16 of chapter X of the
code of criminal procedure, 1927 PA 175, MCL 770.16.
(3) Unexpended funds at the end of the fiscal year may be carried forward for
expenditure in the following year, up to a maximum authorization of $250,000.00.
Sec. 2-309. (1) From the prisoner reimbursement funds appropriated in part 1, the
department may spend up to $636,500.00 on activities related to the state correctional
facility reimbursement act, 1935 PA 253, MCL 800.401 to 800.406. In addition to the
funds appropriated in part 1, if the department collects in excess of $1,131,000.00 in
gross annual prisoner reimbursement receipts provided to the general fund, the excess,
up to a maximum of $1,000,000.00, is appropriated to the department of attorney
general and may be spent on the representation of the department of corrections and
its officers, employees, and agents, including, but not limited to, the defense of
litigation against the state, its departments, officers, employees, or agents in civil
actions filed by prisoners.
(2) The attorney general's office shall make available upon request information
on the dollar amount of prisoner reimbursements collected from subsection (1) as well
as descriptions of all expenditures made from the reimbursements, including what
activities related to the state correctional facility reimbursement act, 1935 PA 253,
MCL 800.401 to 800.406, funds were spent on.
Sec. 2-310. (1) For the purposes of providing title IV-D child support
enforcement funding, the attorney general shall maintain a cooperative agreement with
the department of health and human services, as the state IV-D agency, for federal IV-
D funding to support the child support enforcement activities within the office of the
attorney general.
(2) The attorney general or his or her designee shall, to the extent allowable
under federal law, have access to any information used by the state to locate parents
who fail to pay court-ordered child support.
Sec. 2-312. The department of attorney general shall not receive and expend funds
in addition to those authorized in part 1 for legal services provided specifically to
other state departments or agencies except for costs for expert witnesses, court
costs, or other nonsalary litigation expenses associated with a pending legal action.
Sec. 2-314. (1) From the lawsuit settlement proceeds fund appropriated in part 1,
the department may spend the funds for the costs of all associated expenses related to
the declaration of emergency due to drinking water contamination up to $2,600,000.00.
(2) From the lawsuit settlement proceeds fund appropriated in part 1, $180,000.00
shall be used by the department of attorney general for costs associated with
implementing the duties and responsibilities prescribed to the attorney general's
office under the bad-faith patent infringement claims act, 2016 PA 550, MCL 446.161 to
446.173, related to bad-faith patent infringement claims.
(3) The attorney general's office must submit a quarterly report to the house and
senate standing committees on appropriations, the house and senate appropriations
subcommittees on general government, the senate and house fiscal agencies, and the
state budget director, detailing how funds in subsection (1) and all other currently
and previously budgeted funds associated with legal costs pertaining to the Flint
water declaration of emergency were expended. The report must itemize expenditures by
case, purpose, and department involved.
Sec. 2-316. (1) From the funds appropriated in part 1 for sexual assault law
enforcement efforts, the department shall use the funds for testing of backlogged
sexual assault kits across this state. The funding provided in part 1 shall be
distributed in the following order of priority:
(a) To eliminate all county sexual assault kit backlogs across this state.
(b) To assist local prosecutors with investigations and prosecutions of viable
cases.
(c) To provide victim services.
(2) The department of the attorney general shall provide a report by February 1.
The report shall include the following information:
(a) The number of sexual assault kits across this state that remain untested as
of January 31.
(b) A detailed work plan outlining the department's action plan to eliminate all
outstanding sexual assault kits and the time frame for completion of testing of all
untested sexual assault kits.
(c) A detailed work and spending plan outlining anticipated litigation action and
expenditures resulting from findings of the sexual assault kit testing. The report
shall be submitted to the state budget office, the senate and house fiscal agencies,
and the senate and house of representatives standing committees on appropriations
subcommittees on general government.
(3) Any funds remaining after the department has met the obligations required
under subsection (1) may be used for the purpose of retesting any previously tested
sexual assault kits across this state using currently available DNA testing. Funds
only may be used for DNA testing on previously tested kits that were not tested for
DNA. If there are remaining untested sexual assault kits on January 31, 2018, funds
appropriated in part 1 shall only be used for the testing of those kits.
Sec. 2-317. (1) The department of attorney general shall report all legal costs
and associated expenses related to the declaration of emergency due to drinking water
contamination, and the investigations and any resulting prosecutions, for publication
in the Flint water emergency-financial and activities tracking and reporting document
that is posted by the state budget director on the public website,
michigan.gov/flintwater. The tracking and reporting documents shall include the budget
line item source for each expenditure.
(2) At the conclusion of all attorney general investigations related to the
declaration of emergency due to drinking water contamination, all materials related to
any investigations shall be preserved pursuant to applicable document retention
policies.
Article 3
DEPARTMENT OF CIVIL RIGHTS
PART 1
LINE-ITEM APPROPRIATIONS AND ANTICIPATED APPROPRIATIONS
Sec. 3-101. Subject to the conditions set forth in this article, the amounts
listed in this part for the department of civil rights are appropriated for the fiscal
year ending September 30, 2019, and are anticipated to be appropriated for the fiscal
year ending September 30, 2020, from the funds indicated in this part. The following
is a summary of the appropriations and anticipated appropriations in this part:
EPARTMENT OF CIVIL RIGHTS
APPROPRIATION SUMMARY
Full-time equated unclassified positions................ 6.0 6.0
Full-time equated classified positions.................. 110.0 110.0
GROSS APPROPRIATION...................................... $ 16,201,100 $ 16,201,100
Total interdepartmental grants and interdepartmental
transfers............................................... 299,100 299,100
ADJUSTED GROSS APPROPRIATION............................. $ 15,902,000 $ 15,902,000
Total federal revenues................................... 2,802,700 2,802,700
Total local revenues..................................... 0 0
Total private revenues................................... 18,700 18,700
Total other state restricted revenues.................... 58,500 58,500
State general fund/general purpose....................... $ 13,022,100 $ 13,022,100
State general fund/general purpose schedule:
Ongoing state general fund/general purpose............ 13,022,100 13,022,100
One-time state general fund/general purpose........... 0 0
Sec. 3-102. CIVIL RIGHTS OPERATIONS
Full-time equated unclassified positions................ 6.0 6.0
Full-time equated classified positions.................. 110.0 110.0
Unclassified salaries-6.0 FTE positions.................. $ 693,700 $ 693,700
Civil rights operations-104.0 FTE positions.............. 14,068,600 14,068,600
Division on deaf and hard of hearing-6.0 FTE positions... 715,600 715,600
GROSS APPROPRIATION...................................... $ 15,477,900 $ 15,477,900
Appropriated from:
Interdepartmental grant revenues:
IDG from department of technology, management and
budget.................................................. 299,100 299,100
Federal revenues:
Other federal revenues................................... 2,787,700 2,787,700
Special revenue funds:
Private revenues......................................... 18,700 18,700
Other state restricted revenues.......................... 58,500 58,500
State general fund/general purpose....................... $ 12,313,900 $ 12,313,900
Sec. 3-103. INFORMATION TECHNOLOGY
Information technology services and projects............. $ 723,200 $ 723,200
GROSS APPROPRIATION...................................... $ 723,200 $ 723,200
Appropriated from:
Federal revenues:
Other federal revenues................................... 15,000 15,000
Special revenue funds:
State general fund/general purpose....................... $ 708,200 $ 708,200
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
FISCAL YEAR 2019
GENERAL SECTIONS
Sec. 3-201. Pursuant to section 30 of article IX of the state constitution of
1963, total state spending from state resources under part 1 for the fiscal year 2019
is $13,080,600.00 and state spending from state resources to be paid to local units of
government for fiscal year 2019 is $0.00.
Sec. 3-202. The appropriations authorized under this article are subject to the
management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594.
Sec. 3-203. As used in this article:
(a) "Department" means the department of civil rights.
(b) "Director" means the director of the department.
(c) "FTE" means full-time equated.
(d) "IDG" means interdepartmental grant.
Sec. 3-204. The departments and agencies receiving appropriations in part 1 shall
use the Internet to fulfill the reporting requirements of this article. This
requirement may include transmission of reports via electronic mail to the recipients
identified for each reporting requirement, or it may include placement of reports on
an Internet or Intranet site.
Sec. 3-205. Funds appropriated in part 1 shall not be used for the purchase of
foreign goods or services, or both, if competitively priced and of comparable quality
American goods or services, or both, are available. Preference shall be given to goods
or services, or both, manufactured or provided by Michigan businesses, if they are
competitively priced and of comparable quality. In addition, preference should be
given to goods or services, or both, that are manufactured or provided by Michigan
businesses owned and operated by veterans, if they are competitively priced and of
comparable quality.
Sec. 3-206. The director shall take all reasonable steps to ensure businesses in
deprived and depressed communities compete for and perform contracts to provide
services or supplies, or both. Each director shall strongly encourage firms with which
the department contracts to subcontract with certified businesses in depressed and
deprived communities for services, supplies, or both.
Sec. 3-207. The departments and agencies receiving appropriations in part 1 shall
prepare a report on out-of-state travel expenses not later than January 1 of each
year. The travel report shall be a listing of all travel by classified and
unclassified employees outside this state in the immediately preceding fiscal year
that was funded in whole or in part with funds appropriated in the department's
budget. The report shall be submitted to the senate and house appropriations
committees, the house and senate fiscal agencies, and the state budget director. The
report shall include the following information:
(a) The dates of each travel occurrence.
(b) The transportation and related costs of each travel occurrence, including the
proportion funded with state general fund/general purpose revenues, the proportion
funded with state restricted revenues, the proportion funded with federal revenues,
and the proportion funded with other revenues.
Sec. 3-208. Funds appropriated in part 1 shall not be used by a principal
executive department, state agency, or authority to hire a person to provide legal
services that are the responsibility of the attorney general. This prohibition does
not apply to legal services for bonding activities and for those outside services that
the attorney general authorizes.
Sec. 3-209. Not later than November 30, the state budget office shall prepare and
transmit a report that provides for estimates of the total general fund/general
purpose appropriation lapses at the close of the prior fiscal year. This report shall
summarize the projected year-end general fund/general purpose appropriation lapses by
major departmental program or program areas. The report shall be transmitted to the
chairpersons of the senate and house appropriations committees and the senate and
house fiscal agencies.
Sec. 3-210. (1) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $2,000,000.00 for federal contingency funds.
These funds are not available for expenditure until they have been transferred to
another line item in this article under section 393(2) of the management and budget
act, 1984 PA 431, MCL 18.1393.
(2) In addition to the funds appropriated in part 1, there is appropriated an
amount not to exceed $750,000.00 for private contingency funds. These funds are not
available for expenditure until they have been transferred to another line item in
this article under section 393(2) of the management and budget act, 1984 PA 431, MCL
18.1393.
Sec. 3-211. The department shall cooperate with the department of technology,
management and budget to maintain a searchable website accessible by the public at no
cost that includes, but is not limited to, all of the following for each department or
agency:
(a) Fiscal year-to-date expenditures by category.
(b) Fiscal year-to-date expenditures by appropriation unit.
(c) Fiscal year-to-date payments to a selected vendor, including the vendor name,
payment date, payment amount, and payment description.
(d) The number of active department employees by job classification.
(e) Job specifications and wage rates.
Sec. 3-212. Within 14 days after the release of the executive budget
recommendation, the department shall cooperate with the state budget office to provide
the senate and house appropriations chairs, the senate and house appropriations
subcommittees chairs, and the senate and house fiscal agencies with an annual report
on estimated state restricted fund balances, state restricted fund projected revenues,
and state restricted fund expenditures for the fiscal years ending September 30, 2018
and September 30, 2019.
Sec. 3-213. The department shall maintain, on a publicly accessible website, a
department scorecard that identifies, tracks and regularly updates key metrics that
are used to monitor and improve the department's performance.
Sec. 3-214. Total authorized appropriations from all sources under part 1 for
legacy costs for the fiscal year ending September 30, 2019 are $2,558,000.00. From
this amount, total agency appropriations for pension-related legacy costs are
estimated at $1,179,300.00. Total agency appropriations for retiree health care legacy
costs are estimated at $1,378,700.00.
CIVIL RIGHTS OPERATIONS
Sec. 3-402. (1) In addition to the appropriations contained in part 1, the
department 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 shall annually report to the state budget director, the senate
and house of representatives standing committees on appropriations, the chairpersons
of the relevant appropriations subcommittees, and the senate and house fiscal agencies
the amount of funds received and expended for purposes authorized under this section.
Sec. 3-403. The department may contract with local units of government to review
equal employment opportunity compliance of potential contractors and may charge for
and expend amounts received from local units of government for the purpose of
developing and providing these contractual services.
Sec. 3-404. (1) The department shall prepare and transmit a detailed report that
includes, but is not limited to, the following information for the most recent fiscal
year:
(a) A detailed description of the department operations.
(b) A detailed description of all subunits within the department, including FTE
positions associated with each subunit, responsibilities of each subunit, and all
revenues and expenditures for each subunit.
(c) The number of complaints by type of complaint.
(d) The average cost of, and time expended, investigating complaints.
(e) The percentage of complaints that are meritorious and worthy of investigation
or settlement and the percentage of complaints that have no merit.
(f) A listing of amounts awarded to claimants.
(g) Expenditures associated with complaint investigation and enforcement.
(h) A listing of complaint investigations closed per FTE position for each of the
past 5 years.
(i) A listing of complaint evaluations completed per FTE position for each of the
past 5 years.
(j) Productivity projections for the current fiscal year, including
investigations closed per FTE, complaint evaluations completed per FTE, and average
time expended investigating complaints.
(k) Revenues and expenditures associated with section 403 of this part by local
unit.
(2) The report required under subsection (1) shall be posted online and
transmitted electronically not later than November 30 to the state budget director,
the chairpersons of the senate and house of representatives standing committees on
appropriations, the senate and house appropriations subcommittees on general
government, and the senate and house fiscal agencies.
Sec. 3-405. The department shall notify the office of the state budget, senate
and house of representatives standing committees on appropriations, the chairpersons
of the appropriations subcommittees on general government, and senate and house fiscal
agencies prior to submitting a report or complaint to the United States Commission on
Civil Rights or other federal departments.
Article 4
DEPARTMENT OF CORRECTIONS
PART 1
LINE-ITEM APPROPRIATIONS AND ANTICIPATED APPROPRIATIONS
Sec. 4-101. Subject to the conditions set forth in this article, the amounts
listed in this part for the department of corrections are appropriated for the fiscal
year ending September 30, 2019, and are anticipated to be appropriated for the fiscal
year ending September 30, 2020, from the funds indicated in this part. The following
is a summary of the appropriations and anticipated appropriations in this part:
DEPARTMENT OF CORRECTIONS
APPROPRIATION SUMMARY
Full-time equated unclassified positions................ 16.0 16.0
Full-time equated classified positions.................. 13,951.2 13,951.2
GROSS APPROPRIATION...................................... $ 2,035,125,100 $ 2,023,497,400
Total interdepartmental grants and interdepartmental
transfers............................................... 0 0
ADJUSTED GROSS APPROPRIATION............................. $ 2,035,125,100 $ 2,023,497,400
Total federal revenues................................... 5,315,200 5,315,200
Total local revenues..................................... 8,960,100 8,960,100
Total private revenues................................... 0 0
Total other state restricted revenues.................... 40,939,600 40,939,600
State general fund/general purpose....................... $ 1,979,910,200 $ 1,968,282,500
State general fund/general purpose schedule:
Ongoing state general fund/general purpose............ 1,968,282,500 1,968,282,500
One-time state general fund/general purpose........... 11,627,700 0
Sec. 4-102. DEPARTMENTAL ADMINISTRATION AND SUPPORT
Full-time equated unclassified positions................ 16.0 16.0
Full-time equated classified positions.................. 322.0 322.0
Unclassified salaries-16.0 FTE positions................. $ 1,884,600 $ 1,884,600
Administrative hearings officers......................... 3,266,100 3,266,100
Budget and operations administration-240.0 FTE
positions............................................... 32,921,300 32,921,300
Compensatory buyout and union leave bank................. 100 100
County jail reimbursement program........................ 15,064,600 15,064,600
Equipment and special maintenance........................ 1,559,700 1,559,700
Executive direction-20.0 FTE positions................... 4,298,200 4,298,200
Judicial data warehouse user fees........................ 50,600 50,600
New custody staff training............................... 9,527,600 9,527,600
Prison industries operations-62.0 FTE positions.......... 9,989,700 9,989,700
Property management...................................... 2,413,100 2,413,100
Prosecutorial and detainer expenses...................... 5,001,000 5,001,000
Sheriffs' coordinating and training office............... 100,000 100,000
Worker's compensation.................................... 10,613,000 10,613,000
GROSS APPROPRIATION...................................... $ 96,689,600 $ 96,689,600
Appropriated from:
Federal revenues:
Other federal revenues................................... 674,700 674,700
Special revenue funds:
Other state restricted revenues.......................... 16,606,500 16,606,500
State general fund/general purpose....................... $ 79,408,400 $ 79,408,400
Sec. 4-103. OFFENDER SUCCESS ADMINISTRATION
Full-time equated classified positions.................. 339.4 339.4
Community corrections comprehensive plans and services... $ 12,158,000 $ 12,158,000
Education/skilled trades/career readiness programs-
270.4 FTE positions..................................... 40,109,700 40,109,700
Felony drunk driver jail reduction and community
treatment program....................................... 1,440,100 1,440,100
Offender success federal grants.......................... 751,000 751,000
Offender success community partners...................... 14,500,000 14,500,000
Offender success programming............................. 11,272,800 11,272,800
Public safety initiative................................. 4,000,000 4,000,000
Offender success services-69.0 FTE positions............. 15,145,700 15,145,700
Residential probation diversions......................... 16,325,500 16,325,500
GROSS APPROPRIATION...................................... $ 115,702,800 $ 115,702,800
Appropriated from:
Federal revenues:
Other federal revenues................................... 2,287,300 2,287,300
Special revenue funds:
Other state restricted revenues.......................... 10,213,200 10,213,200
State general fund/general purpose....................... $ 103,202,300 $ 103,202,300
Sec. 4-104. FIELD OPERATIONS ADMINISTRATION
Full-time equated classified positions.................. 2,182.6 2,182.6
Criminal justice reinvestment............................ $ 5,500,300 $ 5,500,300
Detroit Detention Center-66.1 FTE positions.............. 8,685,100 8,685,100
Detroit Reentry Center-236.0 FTE positions............... 29,989,600 29,989,600
Field operations-1,849.5 FTE positions................... 215,331,400 215,331,400
Parole board operations-31.0 FTE positions............... 3,727,300 3,727,300
Parole/probation services................................ 940,000 940,000
Residential alternative to prison program................ 1,500,000 1,500,000
GROSS APPROPRIATION...................................... $ 265,673,700 $ 265,673,700
Appropriated from:
Special revenue funds:
Local revenues........................................... 8,960,100 8,960,100
Other state restricted revenues.......................... 7,580,500 7,580,500
State general fund/general purpose....................... $ 249,133,100 $ 249,133,100
Sec. 4-105. CORRECTIONAL FACILITIES ADMINISTRATION
Full-time equated classified positions.................. 654.0 654.0
Central records-38.0 FTE positions....................... $ 4,446,300 $ 4,446,300
Correctional facilities administration-24.0 FTE
positions............................................... 5,010,700 5,010,700
Housing inmates in federal institutions.................. 611,000 611,000
Inmate housing fund...................................... 100 100
Inmate legal services.................................... 590,900 590,900
Leased beds and alternatives to leased beds.............. 100 100
Prison food service-352.0 FTE positions.................. 70,770,800 70,770,800
Prison store operations-33.0 FTE positions............... 3,282,600 3,282,600
Public works programs.................................... 1,000,000 1,000,000
Transportation-207.0 FTE positions....................... 26,768,000 26,768,000
GROSS APPROPRIATION...................................... $ 112,480,500 $ 112,480,500
Appropriated from:
Federal revenues:
Other federal revenues................................... 683,000 683,000
Special revenue funds:
Other state restricted revenues.......................... 4,856,500 4,856,500
State general fund/general purpose....................... $ 106,941,000 $ 106,941,000
Sec. 4-106. HEALTH CARE
Full-time equated classified positions.................. 1,461.1 1,461.1
Clinical complexes-1,047.1 FTE positions................. $ 147,596,100 $ 147,596,100
Health care administration-20.0 FTE positions............ 3,775,800 3,775,800
Healthy Michigan plan administration-12.0 FTE
positions............................................... 1,124,700 1,124,700
Hepatitis C treatment.................................... 6,735,500 6,735,500
Interdepartmental grant to health and human services,
eligibility specialists................................. 119,700 119,700
Mental health services and support-376.0 FTE positions... 46,213,700 46,213,700
Prisoner health care services............................ 90,035,300 90,035,300
Substance abuse testing and treatment services-6.0 FTE
positions............................................... 21,386,600 21,386,600
Vaccination program...................................... 691,200 691,200
GROSS APPROPRIATION...................................... $ 317,678,600 $ 317,678,600
Appropriated from:
Federal revenues:
Other federal revenues................................... 635,400 635,400
Special revenue funds:
Other state restricted revenues.......................... 257,200 257,200
State general fund/general purpose....................... $ 316,786,000 $ 316,786,000
Sec. 4-107. CORRECTIONAL FACILITIES
Full-time equated classified positions.................. 8,992.1 8,992.1
Alger Correctional Facility - Munising-259.0 FTE
positions............................................... $ 31,189,400 $ 31,189,400
Baraga Correctional Facility - Baraga-293.8 FTE
positions............................................... 36,021,600 36,021,600
Bellamy Creek Correctional Facility - Ionia-391.2 FTE
positions............................................... 45,003,600 45,003,600
Carson City Correctional Facility - Carson City-424.4
FTE positions........................................... 49,613,500 49,613,500
Central Michigan Correctional Facility - St. Louis-
387.6 FTE positions..................................... 47,009,300 47,009,300
Charles E. Egeler Correctional Facility - Jackson-
387.6 FTE positions..................................... 46,801,100 46,801,100
Chippewa Correctional Facility - Kincheloe-445.6 FTE
positions............................................... 52,230,000 52,230,000
Cooper Street Correctional Facility - Jackson-262.1
FTE positions........................................... 30,325,000 30,325,000
Earnest C. Brooks Correctional Facility - Muskegon-
245.2 FTE positions..................................... 30,604,700 30,604,700
G. Robert Cotton Correctional Facility - Jackson-
393.0 FTE positions..................................... 45,634,700 45,634,700
Gus Harrison Correctional Facility - Adrian-443.6 FTE
positions............................................... 50,857,600 50,857,600
Ionia Correctional Facility - Ionia-287.3 FTE
positions............................................... 34,886,000 34,886,000
Kinross Correctional Facility - Kincheloe-256.6 FTE
positions............................................... 33,008,100 33,008,100
Lakeland Correctional Facility - Coldwater-276.4 FTE
positions............................................... 33,619,700 33,619,700
Macomb Correctional Facility - New Haven-292.8 FTE
positions............................................... 35,285,600 35,285,600
Marquette Branch Prison - Marquette-319.7 FTE
positions............................................... 38,697,200 38,697,200
Michigan Reformatory - Ionia-318.7 FTE positions......... 36,034,000 36,034,000
Muskegon Correctional Facility - Muskegon-206.0 FTE
positions............................................... 26,109,600 26,109,600
Newberry Correctional Facility - Newberry-198.1 FTE
positions............................................... 24,673,000 24,673,000
Oaks Correctional Facility - Eastlake-289.4 FTE
positions............................................... 34,862,600 34,862,600
Ojibway Correctional Facility - Marenisco-201.1 FTE
positions............................................... 23,747,300 23,747,300
Parnall Correctional Facility - Jackson-264.1 FTE
positions............................................... 29,475,600 29,475,600
Richard A. Handlon Correctional Facility - Ionia-252.7
FTE positions........................................... 30,762,400 30,762,400
Saginaw Correctional Facility - Freeland-275.9 FTE
positions............................................... 33,835,800 33,835,800
Special alternative incarceration program – Camp
Cassidy Lake-120.0 FTE positions........................ 14,179,300 14,179,300
St. Louis Correctional Facility - St. Louis-302.6 FTE
positions............................................... 37,907,700 37,907,700
Thumb Correctional Facility - Lapeer-283.6 FTE
positions............................................... 33,809,700 33,809,700
Womens Huron Valley Correctional Complex - Ypsilanti-
504.1 FTE positions..................................... 60,568,400 60,568,400
Woodland Correctional Facility - Whitmore Lake-277.9
FTE positions........................................... 33,169,100 33,169,100
Northern region administration and support-43.0 FTE
positions............................................... 4,336,300 4,336,300
Southern region administration and support-89.0 FTE
positions............................................... 20,430,900 20,430,900
GROSS APPROPRIATION...................................... $ 1,084,688,800 $ 1,084,688,800
Appropriated from:
Federal revenues:
Other federal revenues................................... 1,034,800 1,034,800
Special revenue funds:
Other state restricted revenues.......................... 102,100 102,100
State general fund/general purpose....................... $ 1,083,551,900 $ 1,083,551,900
Sec. 4-108. INFORMATION TECHNOLOGY
Information technology services and projects............. $ 30,583,400 $ 30,583,400
GROSS APPROPRIATION...................................... $ 30,583,400 $ 30,583,400
Appropriated from:
Special revenue funds:
Other state restricted revenues.......................... 1,323,600 1,323,600
State general fund/general purpose....................... $ 29,259,800 $ 29,259,800
Sec. 4-109. ONE-TIME APPROPRIATIONS
Higher custody level programming......................... $ 2,400,000 $ 0
New custody staff training............................... 9,227,700 0
GROSS APPROPRIATION...................................... $ 11,627,700 $ 0
Appropriated from:
Special revenue funds:
State general fund/general purpose....................... $ 11,627,700 $ 0
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
FISCAL YEAR 2019
GENERAL SECTIONS
Sec. 4-201. Pursuant to section 30 of article IX of the state constitution of
1963, total state spending from state resources under part 1 for the fiscal year 2019
is $2,020,849,800.00 and state spending from state resources to be paid to local units
of government for fiscal year 2019 is $115,868,600.00. The itemized statement below
identifies appropriations from which spending to local units of government will occur:
DEPARTMENT OF CORRECTIONS
County jail reimbursement program....................................... $ 15,064,600
Community corrections comprehensive plans and services.................. 12,158,000
Felony drunk driver jail reduction and community treatment program...... 1,440,100
Public safety initiative................................................ 4,000,000
Residential probation diversions........................................ 16,325,500
Field operations........................................................ 65,380,300
Residential alternative to prison program............................... 1,500,000
Leased beds and alternatives to leased beds............................. 100
TOTAL..................................................................... $ 115,868,600
Sec. 4-202. The appropriations authorized under this article are subject to the
management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594.
Sec. 4-203. As used in this part and part 1:
(a) "Administrative segregation" means confinement for maintenance of order or
discipline to a cell or room apart from accommodations provided for inmates who are
participating in programs of the facility.
(b) "Department" or "MDOC" means the Michigan department of corrections.
(c) "EPIC program" means the department's effective process improvement and
communications program.
(d) "Evidence-based" means a decision-making process that integrates the best
available research, clinician expertise, and client characteristics.
(e) "Federally qualified health center" means that term as defined in section
1396d(l)(2)(B) of the social security act, 42 USC 1396d.
(f) "FTE" means full-time equated.
(g) "Goal" means the intended or projected result of a comprehensive corrections
plan or community corrections program to reduce repeat offending, criminogenic and
high-risk behaviors, prison commitment rates, the length of stay in a jail, or to
improve the utilization of a jail.
(h) "Jail" means a facility operated by a local unit of government for the
physical detention and correction of persons charged with or convicted of criminal
offenses.
(i) "MDHHS" means the Michigan department of health and human services.
(j) "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.
(k) "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.
(l) "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.
(m) "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.
(n) "Recidivism" means that term as defined in 2017 PA 5.
(o) "Serious emotional disturbance" means that term as defined in section 100d(2)
of the mental health code, 1974 PA 328, MCL 330.1100d.
(p) "Serious mental illness" means that term as defined in section 100d(3) of the
mental health code, 1974 PA 328, MCL 330.1100d.
Sec. 4-204. The departments and agencies receiving appropriations in part 1 shall
use the Internet to fulfill the reporting requirements of this article. This
requirement may include transmission of reports via electronic mail to the recipients
identified for each reporting requirement, or it may include placement of reports on
an Internet or Intranet site.
Sec. 4-205. Funds appropriated in part 1 shall not be used for the purchase of
foreign goods or services, or both, if competitively priced and of comparable quality
American goods or services, or both, are available. Preference shall be given to goods
or services, or both, manufactured or provided by Michigan businesses, if they are
competitively priced and of comparable quality. In addition, preference should be
given to goods or services, or both, that are manufactured or provided by Michigan
businesses owned and operated by veterans, if they are competitively priced and of
comparable quality.
Sec. 4-207. The departments and agencies receiving appropriations in part 1 shall
prepare a report on out-of-state travel expenses not later than January 1 of each
year. The travel report shall be a listing of all travel by classified and
unclassified employees outside this state in the immediately preceding fiscal year
that was funded in whole or in part with funds appropriated in the department's
budget. The report shall be submitted to the senate and house appropriations
committees, the house and senate fiscal agencies, and the state budget director. The
report shall include the following information:
(a) The dates of each travel occurrence.
(b) The transportation and related costs of each travel occurrence, including the
proportion funded with state general fund/general purpose revenues, the proportion
funded with state restricted revenues, the proportion funded with federal revenues,
and the proportion funded with other revenues.
Sec. 4-208. Funds appropriated in part 1 shall not be used by a principal
executive department, state agency, or authority to hire a person to provide legal
services that are the responsibility of the attorney general. This prohibition does
not apply to legal services for bonding activities and for those outside services that
the attorney general authorizes.
Sec. 4-209. Not later than November 30, the state budget office shall prepare and
transmit a report that provides for estimates of the total general fund/general
purpose appropriation lapses at the close of the prior fiscal year. This report shall
summarize the projected year-end general fund/general purpose appropriation lapses by
major departmental program or program areas. The report shall be transmitted to the
chairpersons of the senate and house appropriations committees and the senate and
house fiscal agencies.
Sec. 4-210. (1) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $10,000,000.00 for federal contingency funds.
These funds are not available for expenditure until they have been transferred to
another line item in this article under section 393(2) of the management and budget
act, 1984 PA 431, MCL 18.1393.
(2) In addition to the funds appropriated in part 1, there is appropriated an
amount not to exceed $10,000,000.00 for state restricted contingency funds. These
funds are not available for expenditure until they have been transferred to another
line item in this article under section 393(2) of the management and budget act, 1984
PA 431, MCL 18.1393.
(3) In addition to the funds appropriated in part 1, there is appropriated an
amount not to exceed $2,000,000.00 for local contingency funds. These funds are not
available for expenditure until they have been transferred to another line item in
this article under section 393(2) of the management and budget act, 1984 PA 431, MCL
18.1393.
(4) In addition to the funds appropriated in part 1, there is appropriated an
amount not to exceed $2,000,000.00 for private contingency funds. These funds are not
available for expenditure until they have been transferred to another line item in
this article under section 393(2) of the management and budget act, 1984 PA 431, MCL
18.1393.
Sec. 4-211. The department shall cooperate with the department of technology,
management and budget to maintain a searchable website accessible by the public at no
cost that includes, but is not limited to, all of the following for each department or
agency:
(a) Fiscal year-to-date expenditures by category.
(b) Fiscal year-to-date expenditures by appropriation unit.
(c) Fiscal year-to-date payments to a selected vendor, including the vendor name,
payment date, payment amount, and payment description.
(d) The number of active department employees by job classification.
(e) Job specifications and wage rates.
Sec. 4-212. Within 14 days after the release of the executive budget
recommendation, the department shall cooperate with the state budget office to provide
the senate and house appropriations chairs, the senate and house appropriations
subcommittees chairs, and the senate and house fiscal agencies with an annual report
on estimated state restricted fund balances, state restricted fund projected revenues,
and state restricted fund expenditures for the fiscal years ending September 30, 2018
and September 30, 2019.
Sec. 4-213. The department shall maintain, on a publicly accessible website, a
department scorecard that identifies, tracks and regularly updates key metrics that
are used to monitor and improve the department's performance.
Sec. 4-214. Total authorized appropriations from all sources under part 1 for
legacy costs for the fiscal year ending September 30, 2019 are estimated at
$319,141,800.00. From this amount, total department appropriations for pension-related
legacy costs are estimated at $147,129,800.00. Total department appropriations for
retiree health care legacy costs are estimated at $172,012,000.00.
Sec. 4-219. (1) Any contract for prisoner telephone services entered into after
the effective date of this section shall include a condition that fee schedules for
prisoner telephone calls, including rates and any surcharges other than those
necessary to meet program and special equipment costs, be the same as fee schedules
for calls placed from outside of correctional facilities.
(2) Revenues appropriated and collected for program and special equipment funds
shall be considered state restricted revenue. Funding shall be used for prisoner
programming, special equipment, and security projects. Unexpended funds remaining at
the close of the fiscal year shall not lapse to the general fund but shall be carried
forward and be available for appropriation in subsequent fiscal years.
(3) The department shall submit a report to the senate and house appropriations
subcommittees on corrections, the senate and house fiscal agencies, the legislative
corrections ombudsman, and the state budget office by February 1 outlining revenues
and expenditures from program and special equipment funds. The report shall include
all of the following:
(a) A list of all individual projects and purchases financed with program and
special equipment funds in the immediately preceding fiscal year, the amounts expended
on each project or purchase, and the name of each vendor the products or services were
purchased from.
(b) A list of planned projects and purchases to be financed with program and
special equipment funds during the current fiscal year, the amounts to be expended on
each project or purchase, and the name of each vendor for which the products or
services were purchased.
(c) A review of projects and purchases planned for future fiscal years from
program and special equipment funds.
Sec. 4-220. The department may charge fees and collect revenues in excess of
appropriations in part 1 not to exceed the cost of offender services and programming,
employee meals, parolee loans, academic/vocational services, custody escorts,
compassionate visits, union steward activities, and public works programs and services
provided to local units of government or private nonprofit organizations. The revenues
and fees collected are appropriated for all expenses associated with these services
and activities.
Sec. 4-247. In cooperation with the state court administrative office, the
department shall assist with the data compilation for the swift and sure sanctions
program.
DEPARTMENTAL ADMINISTRATION AND SUPPORT
Sec. 4-301. For 3 years after a felony offender is released from the department's
jurisdiction, the department shall maintain the offender's file on the offender
tracking information system and make it publicly accessible in the same manner as the
file of the current offender. However, the department shall immediately remove the
offender's file from the offender tracking information system upon determination that
the offender was wrongfully convicted and the offender's file is not otherwise
required to be maintained on the offender tracking information system.
Sec. 4-304. The department shall maintain a staff savings initiative program in
conjunction with the EPIC program for employees to submit suggestions for efficiencies
for the department. The department shall consider each suggestion in a timely manner.
By March 1, the department shall report to the senate and house appropriations
subcommittees on corrections, the legislative corrections ombudsman, the senate and
house fiscal agencies, and the state budget office on process improvements that were
implemented based on suggestions that were recommended for implementation from the
staff savings initiative and EPIC programs.
Sec. 4-305. From the funds appropriated in part 1 for prosecutorial and detainer
expenses, the department shall reimburse counties for housing and custody of parole
violators and offenders being returned by the department from community placement who
are available for return to institutional status and for prisoners who volunteer for
placement in a county jail.
Sec. 4-306. Funds included in part 1 for the sheriffs' coordinating and training
office are appropriated for and may be expended to defray costs of continuing
education, certification, recertification, decertification, and training of local
corrections officers, the personnel and administrative costs of the sheriffs'
coordinating and training office, the local corrections officers advisory board, and
the sheriffs' coordinating and training council under the local corrections officers
training act, 2003 PA 125, MCL 791.531 to 791.546.
Sec. 4-307. The department shall issue a biannual report for all vendor contracts
to the senate and house appropriations subcommittees on corrections, the senate and
house fiscal agencies, the legislative corrections ombudsman, and the state budget
office. The report shall cover service contracts with a value of $500,000.00 or more
and include all of the following:
(a) The original start date and the current expiration date of each contract.
(b) The number, if any, of contract compliance monitoring site visits completed
by the department for each vendor.
(c) The number and amount of fines, if any, for service-level agreement
noncompliance for each vendor broken down by area of noncompliance.
Sec. 4-311. By December 1, the department shall provide a report on the Michigan
state industries program to the senate and house appropriations subcommittees on
corrections, the senate and house fiscal agencies, the legislative corrections
ombudsman, and the state budget office. The report shall include, but not be limited
to, the locations of the programs, the total number of participants at each location,
description of job duties and typical inmate schedules, what products are produced,
and how the program provides marketable skills that lead to employable outcomes after
release from a department facility.
OFFENDER SUCCESS ADMINISTRATION
Sec. 4-401. The department shall submit 3-year and 5-year prison population
projection updates concurrent with submission of the executive budget recommendation
to the senate and house appropriations subcommittees on corrections, the legislative
corrections ombudsman, the senate and house fiscal agencies, and the state budget
office. The report shall include explanations of the methodology and assumptions used
in developing the projection updates.
Sec. 4-402. By March 1, the department shall provide a report on offender success
expenditures and allocations to the members of the senate and house appropriations
subcommittees on corrections, the legislative corrections ombudsman, the senate and
house fiscal agencies, and the state budget office. At a minimum, the report shall
include information on both of the following:
(a) Details on prior-year expenditures, including amounts spent on each project
funded, itemized by service provided and service provider.
(b) Allocations and planned expenditures for each project funded and for each
project to be funded, itemized by service to be provided and service provider. The
department shall provide an amended report quarterly, if any revisions to allocations
or planned expenditures occurred during that quarter.
Sec. 4-403. The department shall partner with nonprofit faith-based, business and
professional, civic, and community organizations for the purpose of providing offender
success services. Offender success services include, but are not limited to,
counseling, providing information on housing and job placement, and money management
assistance.
Sec. 4-404. From the funds appropriated in part 1 for offender success services,
the department, when reasonably possible, shall ensure that inmates have potential
employer matches in the communities to which they will return prior to each inmate's
initial parole hearing.
Sec. 4-407. By June 30, the department shall place the statistical report from
the immediately preceding calendar year on an internet site. The statistical report
shall include, but not be limited to, the information as provided in the 2004
statistical report.
Sec. 4-408. The department shall measure the re-incarceration recidivism rate of
offenders based on available state data.
Sec. 4-409. (1) The department shall engage with the talent investment agency
within the department of talent and economic development and local entities to design
services and shall use appropriations provided in part 1 for offender success and
vocational education programs. The department shall ensure that the collaboration
provides relevant professional development opportunities to prisoners to ensure that
the programs are high quality, demand driven, locally receptive, and responsive to the
needs of communities where the prisoners are expected to reside after their release
from correctional facilities. The programs shall begin upon the intake of the prisoner
into a department facility.
(2) The department shall continue to offer workforce development programming
through the entire duration of the prisoner's incarceration to encourage employment
upon release.
(3) By March 1, the department shall provide a report to the senate and house
appropriations subcommittees on corrections, the legislative corrections ombudsman,
the senate and house fiscal agencies, and the state budget office detailing the
results of the workforce development program.
Sec. 4-410. (1) The funds included in part 1 for community corrections
comprehensive plans and services are to encourage the development through technical
assistance grants, implementation, and operation of community corrections programs
that enhance offender success and that also may serve as an alternative to
incarceration in a state facility or jail. The comprehensive corrections plans shall
include an explanation of how the public safety will be maintained, the goals for the
local jurisdiction, offender target populations intended to be affected, offender
eligibility criteria for purposes outlined in the plan, and how the plans will meet
the following objectives, consistent with section 8(4) of the community corrections
act, 1988 PA 511, MCL 791.408:
(a) Reduce admissions to prison of offenders who would likely be sentenced to
imprisonment, including probation violators.
(b) Improve the appropriate utilization of jail facilities, the first priority of
which is to open jail beds intended to house otherwise prison-bound felons, and the
second priority being to appropriately utilize jail beds so that jail crowding does
not occur.
(c) Open jail beds through the increase of pretrial release options.
(d) Reduce the readmission to prison of parole violators.
(e) Reduce the admission or readmission to prison of offenders, including
probation violators and parole violators, for substance abuse violations.
(f) Contribute to offender success.
(2) The award of community corrections comprehensive plans and residential
services funds shall be based on criteria that include, but are not limited to, the
prison commitment rate by category of offenders, trends in prison commitment rates and
jail utilization, historical trends in community corrections program capacity and
program utilization, and the projected impact and outcome of annual policies and
procedures of programs on offender success, prison commitment rates, and jail
utilization.
(3) Funds awarded for residential services in part 1 shall provide for a per diem
reimbursement of not more than $47.50 for nonaccredited facilities, or of not more
than $48.50 for facilities that have been accredited by the American Corrections
Association or a similar organization as approved by the department.
Sec. 4-414. (1) The department shall administer a county jail reimbursement
program from the funds appropriated in part 1 for the purpose of reimbursing counties
for housing in jails certain felons who otherwise would have been sentenced to prison.
(2) The county jail reimbursement program shall reimburse counties for convicted
felons in the custody of the sheriff if the conviction was for a crime committed on or
after January 1, 1999 and 1 of the following applies:
(a) The felon's sentencing guidelines recommended range upper limit is more than
18 months, the felon's sentencing guidelines recommended range lower limit is 12
months or less, the felon's prior record variable score is 35 or more points, and the
felon's sentence is not for commission of a crime in crime class G or crime class H or
a nonperson crime in crime class F under chapter XVII of the code of criminal
procedure, 1927 PA 175, MCL 777.1 to 777.69.
(b) The felon's minimum sentencing guidelines range minimum is more than 12
months under the sentencing guidelines described in subdivision (a).
(c) The felon was sentenced to jail for a felony committed while he or she was on
parole and under the jurisdiction of the parole board and for which the sentencing
guidelines recommended range for the minimum sentence has an upper limit of more than
18 months.
(3) State reimbursement under this subsection shall be $65.00 per diem per
diverted offender for offenders with a presumptive prison guideline score, $55.00 per
diem per diverted offender for offenders with a straddle cell guideline for a group 1
crime, and $40.00 per diem per diverted offender for offenders with a straddle cell
guideline for a group 2 crime. Reimbursements shall be paid for sentences up to a 1-
year total.
(4) As used in this subsection:
(a) "Group 1 crime" means a crime in 1 or more of the following offense
categories: arson, assault, assaultive other, burglary, criminal sexual conduct,
homicide or resulting in death, other sex offenses, robbery, and weapon possession as
determined by the department of corrections based on specific crimes for which
counties received reimbursement under the county jail reimbursement program in fiscal
year 2007 and fiscal year 2008, and listed in the county jail reimbursement program
document titled "FY 2007 and FY 2008 Group One Crimes Reimbursed", dated March 31,
2009.
(b) "Group 2 crime" means a crime that is not a group 1 crime, including larceny,
fraud, forgery, embezzlement, motor vehicle, malicious destruction of property,
controlled substance offense, felony drunk driving, and other nonassaultive offenses.
(c) "In the custody of the sheriff" means that the convicted felon has been
sentenced to the county jail and is either housed in the county jail or has been
released from jail and is being monitored through the use of the sheriff's electronic
monitoring system.
(5) County jail reimbursement program expenditures shall not exceed the amount
appropriated in part 1 for the county jail reimbursement program. Payments to counties
under the county jail reimbursement program shall be made in the order in which
properly documented requests for reimbursements are received. A request shall be
considered to be properly documented if it meets MDOC requirements for documentation.
By October 15, the department shall distribute the documentation requirements to all
counties.
(6) Any county that receives funding under this section for the purpose of
housing in jails certain felons who otherwise would have been sentenced to prison
shall, as a condition of receiving the funding, report by September 30 an annual
average jail capacity and annual average jail occupancy for the immediately preceding
fiscal year.
Sec. 4-416. Allowable uses of felony drunk driver jail reduction and community
treatment program funding shall include reimbursing counties for transportation,
treatment costs, and housing felony drunk drivers during a period of assessment for
treatment and case planning. Reimbursements for housing during the assessment process
shall be at the rate of $43.50 per day per offender, up to a maximum of 5 days per
offender.
Sec. 4-418. (1) The department shall collaborate with the state court
administrative office on facilitating changes to Michigan court rules that would
require the court to collect at the time of sentencing the state operator's license,
state identification card, or other documentation used to establish the identity of
the individual to be admitted to the department. The department shall maintain those
documents in the prisoner's personal file.
(2) The department shall cooperate with MDHHS to create and maintain a process by
which prisoners can obtain their Michigan birth certificates if necessary. The
department shall describe a process for obtaining birth certificates from other
states, and in situations where the prisoner's effort fails, the department shall
assist in obtaining the birth certificate.
(3) The department shall collaborate with the department of military and veterans
affairs to create and maintain a process by which prisoners can obtain a copy of their
DD Form 214 or other military discharge documentation if necessary.
Sec. 4-419. (1) 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
office. The reports shall include information on end-of-month prisoner populations in
county jails, the net operating capacity according to the most recent certification
report, identified by date, and end-of-month data, year-to-date data, and comparisons
to the prior year for the following:
(a) Community residential program populations, separated by centers and
electronic monitoring.
(b) Parole populations.
(c) Probation populations, with identification of the number in special
alternative incarceration.
(d) Prison and camp populations, with separate identification of the number in
special alternative incarceration and the number of lifers.
(e) Prisoners classified as past their earliest release date.
(f) Parole board activity, including the numbers and percentages of parole grants
and parole denials.
(g) Prisoner exits, identifying transfers to community placement, paroles from
prisons and camps, paroles from community placement, total movements to parole, prison
intake, prisoner deaths, prisoners discharging on the maximum sentence, and other
prisoner exits.
(h) Prison intake and returns, including probation violators, new court
commitments, violators with new sentences, escaper new sentences, total prison intake,
returns from court with additional sentences, community placement returns, technical
parole violator returns, and total returns to prison and camp.
Sec. 4-422. On an annual basis, the department shall issue a report to the senate
and house appropriations subcommittees on corrections, the senate and house fiscal
agencies, the legislative corrections ombudsman, and the state budget office, for the
previous fiscal year detailing the outcomes of prisoners who have been reviewed for
parole. The report shall include all of the following:
(a) How many prisoners were reviewed.
(b) How many prisoners were granted parole.
(c) How many prisoners were denied parole.
(d) How many parole decisions were deferred.
(e) The distribution of the total number of prisoners reviewed grouped by whether
the prisoner had been interviewed for the first, second, third, fourth, fifth, sixth,
or more than sixth time.
(f) The number of paroles granted, denied, or deferred for each of the parole
guideline scores of low, average, and high.
(g) The reason for denying or deferring parole.
Sec. 4-425. (1) From the funds appropriated in part 1, the department shall
establish medication-assisted treatment offender success pilot programs to provide
prerelease treatment and postrelease referral for opioid-addicted and alcohol-addicted
offenders who voluntarily participate in the medication-assisted treatment offender
success pilot programs. The department shall collaborate with residential and
nonresidential substance abuse treatment providers and with community-based clinics to
provide postrelease treatment. The programs shall employ a multifaceted approach to
treatment, including a long-acting nonaddictive medication approved by the Food and
Drug Administration for the treatment of opioid and alcohol dependence, counseling,
and postrelease referral to community-based providers.
(2) The manufacturer of a long-acting nonaddictive medication approved by the
Food and Drug Administration for opioid and alcohol dependence shall provide the
department with samples of the medication, at no cost to the department, during the
duration of the medication-assisted treatment offender success pilot programs.
Offenders shall receive 1 injection prior to being released from custody and shall be
connected with an aftercare plan and assistance with obtaining insurance to cover
subsequent injections.
(3) Participants of the programs shall be required to attend substance abuse
treatment programming as directed by their agent, including coordination of both
direct or indirect services through federally qualified health centers in Wayne,
Washtenaw, Genesee, Berrien, Van Buren, and Allegan Counties, but not limited to only
those counties, shall be subject to routine drug and alcohol testing, shall not be
allowed to consume drugs or alcohol, and shall possess a strong will to overcome
addiction.
(4) The department shall submit a report by September 30 to the senate and house
appropriations subcommittees on corrections, the senate and house fiscal agencies, the
legislative corrections ombudsman, and the state budget office on the number of
offenders who received injections upon release, the number of offenders who received
injections and tested positive for drugs or alcohol, the number of offenders who
received injections in the community for a duration of at least 3 months, and the
number of offenders who received injections and were subsequently returned to prison.
Sec. 4-426. From the funds appropriated in part 1, the department shall ensure
that any inmate with a diagnosed mental illness is referred to a local mental health
care provider that is able and willing to treat the inmate upon parole or discharge.
The department shall ensure that the provider is informed of the inmate's current
treatment plan including any medications that are currently prescribed to the inmate.
FIELD OPERATIONS ADMINISTRATION
Sec. 4-603. (1) All prisoners, probationers, and parolees involved with the
curfew monitoring program shall reimburse the department for costs associated with
their participation in the program. The department may require community service work
reimbursement as a means of payment for those able-bodied individuals unable to pay
for the costs of the equipment.
(2) Program participant contributions and local program reimbursement for the
curfew monitoring program appropriated in part 1 are related to program expenditures
and may be used to offset expenditures for this purpose.
(3) Included in the appropriation in part 1 is adequate funding to implement the
curfew monitoring program to be administered by the department. The curfew monitoring
program is intended to provide sentencing judges and county sheriffs in coordination
with local community corrections advisory boards access to the state's curfew
monitoring program to reduce prison admissions and improve local jail utilization. The
department shall determine the appropriate distribution of the curfew monitor units
throughout the state based upon locally developed comprehensive corrections plans
under the community corrections act, 1988 PA 511, MCL 791.401 to 791.414.
(4) For a fee determined by the department, the department shall provide counties
with the curfew monitor equipment, replacement parts, administrative oversight of the
equipment's operation, notification of violators, and periodic reports regarding
county program participants. Counties are responsible for curfew monitor equipment
installation and service. For an additional fee as determined by the department, the
department shall provide staff to install and service the equipment. Counties are
responsible for the coordination and apprehension of program violators.
(5) Any county with curfew monitor charges outstanding over 60 days shall be
considered in violation of the community curfew monitor program agreement and lose
access to the program.
Sec. 4-604. (1) The funds appropriated in part 1 for criminal justice
reinvestment shall be used only to fund data collection and evidence-based programs
designed to reduce recidivism among probationers and parolees.
Sec. 4-615. (1) The department shall submit a report detailing the number of
prisoners who have received life imprisonment sentences with the possibility of parole
and who are currently eligible for parole to the senate and house appropriations
subcommittees on corrections, the senate and house fiscal agencies, the legislative
corrections ombudsman, and the state budget office by April 30.
(2) The report shall include the following information on parolable lifers who
have served more than 25 years: prisoner name, MDOC identification number, prefix,
offense for which life term is being served, county of conviction, age at time offense
was committed, current age, race, gender, true security classification, dates of
parole board file reviews, dates of parole board interviews, parole guideline scores,
and reason for decision not to release.
Sec. 4-617. From the funds appropriated in part 1 for the residential alternative
to prison program, the department shall provide vocational, educational, and cognitive
programming in a secure environment to enhance existing alternative sentencing
options, increase employment readiness and successful placement rates, and reduce new
criminal behavior for the west Michigan probation violator population. The department
shall measure and set the following metric goals:
(a) 85% of participants successfully complete the program.
(b) Of the participants that complete the program, 75% will earn a nationally
recognized credential for career and vocational programs.
(c) Of the participants that complete the program, 100% will earn a certificate
of completion for cognitive programming.
(d) The prison commitment rate for probation violators will be reduced by 5%
within the impacted geographical area after the first year of program operation.
HEALTH CARE
Sec. 4-804. The department shall report quarterly to the senate and house
appropriations subcommittees on corrections, the legislative corrections ombudsman,
the senate and house fiscal agencies, and the state budget office on prisoner health
care utilization. The report shall include the number of inpatient hospital days,
outpatient visits, emergency room visits, and prisoners receiving off-site inpatient
medical care in the previous quarter, by facility.
Sec. 4-807. The funds appropriated in part 1 for Hepatitis C treatment shall be
used only to purchase specialty medication for Hepatitis C treatment in the prison
population. In addition to the above appropriation, any rebates received from the
medications used shall be used only to purchase specialty medication for Hepatitis C
treatment. On a quarterly basis, the department shall issue a report to the senate and
house appropriations subcommittees on corrections, the senate and house fiscal
agencies, the legislative corrections ombudsman, and the state budget office, showing
for the previous 4 quarters the total amount spent on specialty medication for the
treatment of Hepatitis C, the number of prisoners that were treated, the amount of any
rebates that were received from the purchase of specialty medication, and what
outstanding rebates are expected to be received.
CORRECTIONAL FACILITIES ADMINISTRATION
Sec. 4-906. Any local unit of government or private nonprofit organization that
contracts with the department for public works services shall be responsible for
financing the entire cost of such an agreement.
Sec. 4-907. The department shall report by March 1 to the senate and house
appropriations subcommittees on corrections, the legislative corrections ombudsman,
the senate and house fiscal agencies, and the state budget office on academic and
vocational programs. The report shall provide information relevant to an assessment of
the department's academic and vocational programs, including, but not limited to, all
of the following:
(a) The number of instructors and the number of instructor vacancies, by program
and facility.
(b) The number of prisoners enrolled in each program, the number of prisoners
completing each program, the number of prisoners who do not complete each program and
are not subsequently reenrolled, and the reason for not completing the program, the
number of prisoners transferred to another facility while enrolled in a program and
not subsequently re-enrolled, the number of prisoners enrolled who are repeating the
program, and the number of prisoners on waiting lists for each program, all itemized
by facility.
(c) The steps the department has undertaken to improve programs, track records,
accommodate transfers and prisoners with health care needs, and reduce waiting lists.
(d) The number of prisoners paroled without a high school diploma and the number
of prisoners paroled without a high school equivalency.
(e) An explanation of the value and purpose of each program, for example, to
improve employability, reduce recidivism, reduce prisoner idleness, or some
combination of these and other factors.
(f) An identification of program outcomes for each academic and vocational
program.
(g) The number of prisoners not paroled at their earliest release date due to
lack of a high school equivalency, and the reason those prisoners have not obtained a
high school equivalency.
Sec. 4-910. The department shall allow the Michigan Braille transcribing fund
program to operate at 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. 4-911. By March 1, the department shall report to the senate and house
appropriations subcommittees on corrections, the senate and house fiscal agencies, the
legislative corrections ombudsman, and the state budget office the number of critical
incidents occurring each month by type and the number and severity of assaults, escape
attempts, suicides, and attempted suicides occurring each month at each facility
during the immediately preceding calendar year.
Sec. 4-912. The department shall report annually to the senate and house
appropriations subcommittees on corrections, the legislative corrections ombudsman,
the senate and house fiscal agencies, and the state budget office on the ratio of
correctional officers to prisoners for each correctional institution, the ratio of
shift command staff to line custody staff, and the ratio of noncustody institutional
staff to prisoners for each correctional institution.
Sec. 4-913. (1) From the funds appropriated in part 1, the department shall focus
on providing required programming to prisoners who are past their earliest release
date because of not having received the required programming. Programming includes,
but is not limited to, violence prevention programming, assaultive offender
programming, sexual offender programming, substance abuse treatment programming,
thinking for a change programming, and any other programming that is required as a
condition of parole.
(2) The department shall submit a quarterly report to the members of the senate
and house appropriations subcommittees on corrections, the senate and house fiscal
agencies, the state budget office, and the legislative corrections ombudsman detailing
enrollment in sex offender programming, assaultive offender programming, violent
offender programming, and thinking for a change programming. At a minimum, the report
shall include the following:
(a) A full accounting, from the date of entrance to prison, of the number of
individuals who are required to complete the programming, but have not yet done so.
(b) The number of individuals who have reached their earliest release date, but
who have not completed required programming.
(c) A plan of action for addressing any waiting lists or backlogs for programming
that may exist.
Sec. 4-924. The department shall evaluate all prisoners at intake for substance
abuse disorders, serious developmental disorders, serious mental illness, and other
mental health disorders. Prisoners with serious mental illness or serious
developmental disorders shall not be removed from the general population as a punitive
response to behavior caused by their serious mental illness or serious developmental
disorder. Due to persistent high violence risk or severe disruptive behavior that is
unresponsive to treatment, prisoners with serious mental illness or serious
developmental disorders may be placed in secure residential housing programs that will
facilitate access to institutional programming and ongoing mental health services. A
prisoner with serious mental illness or serious developmental disorder who is confined
in these specialized housing programs shall be evaluated or monitored by a medical
professional at a frequency of not less than every 12 hours.
Sec. 4-925. By March 1, the department shall report to the senate and house
appropriations subcommittees on corrections, the senate and house fiscal agencies, the
legislative corrections ombudsman, and the state budget office on the annual number of
prisoners in administrative segregation between October 1, 2017 and September 30,
2018, and the annual number of prisoners in administrative segregation between October
1, 2017 and September 30, 2018 who at any time during the current or prior prison term
were diagnosed with serious mental illness or have a developmental disorder and the
number of days each of the prisoners with serious mental illness or a developmental
disorder have been confined to administrative segregation.
Sec. 4-929. From the funds appropriated in part 1, the department shall do all of
the following:
(a) Ensure that any inmate care and control staff in contact with prisoners less
than 18 years of age are adequately trained with regard to the developmental and
mental health needs of prisoners less than 18 years of age. By April 1, the department
shall report to the senate and house appropriations subcommittees on corrections, the
senate and house fiscal agencies, the legislative corrections ombudsman, and the state
budget office on the training curriculum used and the number and types of staff
receiving annual training under that curriculum.
(b) Provide appropriate placement for prisoners less than 18 years of age who
have serious mental illness, serious emotional disturbance, or a serious developmental
disorder and need to be housed separately from the general population. Prisoners less
than 18 years of age who have serious mental illness, serious emotional disturbance,
or a serious developmental disorder shall not be removed from an existing placement as
a punitive response to behavior caused by their serious mental illness, serious
emotional disturbance, or a serious developmental disorder. Due to persistent high
violence risk or severe disruptive behavior that is unresponsive to treatment,
prisoners less than 18 years of age with serious emotional disturbance, serious mental
illness, or serious developmental disorders may be placed in secure residential
housing programs that will facilitate access to institutional programming and ongoing
mental health services. A prisoner less than 18 years of age with serious mental
illness, serious emotional disturbance, or a serious developmental disorder who is
confined in these specialized housing programs shall be evaluated or monitored by a
medical professional at a frequency of not less than every 12 hours.
(c) Implement a specialized offender success program that recognizes the needs of
prisoners less than 18 years old for supervised offender success.
Sec. 4-930. The department shall submit an annual report to the senate and house
subcommittees on corrections, the senate and house fiscal agencies, the legislative
corrections ombudsman, and the state budget office on the number of youth in prison.
The report shall include, but not be limited to, the following information:
(a) The total number of inmates under age 18 who are not on Holmes youthful
trainee act status.
(b) The total number of inmates under age 18 who are on Holmes youthful trainee
act status.
(c) The total number of inmates aged 18 to 23 who are on Holmes youthful trainee
act status.
MISCELLANEOUS
Sec. 4-1009. The department shall make an information packet for the families of
incoming prisoners available on the department's website. The information packet shall
be updated by February 1 of each year. The packet shall provide information on topics
including, but not limited to: how to put money into prisoner accounts, how to make
phone calls or create Jpay email accounts, how to visit in person, proper procedures
for filing complaints or grievances, the rights of prisoners to physical and mental
health care, how to utilize the offender tracking information system (OTIS), truth-in-
sentencing and how it applies to minimum sentences, the parole process, and guidance
on the importance of the role of families in the reentry process. The department is
encouraged to partner with external advocacy groups and actual families of prisoners
in the packet-writing process to ensure that the information is useful and complete.
ONE-TIME APPROPRIATIONS
Sec. 4-1100. From the funds appropriated in part 1 for new custody staff
training, the department shall increase the training capacity for new custody staff by
359 officers. The purpose of this academy is to address higher than normal attrition
of correction officers and to decrease overtime costs.
Article 5
DEPARTMENT OF EDUCATION
PART 1
LINE-ITEM APPROPRIATIONS AND ANTICIPATED APPROPRIATIONS
Sec. 5-101. Subject to the conditions set forth in this article, the amounts
listed in this part for the department of education are appropriated for the fiscal
year ending September 30, 2019, and are anticipated to be appropriated for the fiscal
year ending September 30, 2020, from the funds indicated in this part. The following
is a summary of the appropriations and anticipated appropriations in this part:
DEPARTMENT OF EDUCATION
APPROPRIATION SUMMARY
Full-time equated unclassified positions................ 6.0 6.0
Full-time equated classified positions.................. 614.5 614.5
GROSS APPROPRIATION...................................... $ 357,107,300 $ 357,107,200
Total interdepartmental grants and interdepartmental
transfers............................................... 0 0
ADJUSTED GROSS APPROPRIATION............................. $ 357,107,300 $ 357,107,200
Total federal revenues................................... 255,366,800 255,366,800
Total local revenues..................................... 5,852,800 5,852,800
Total private revenues................................... 2,035,800 2,035,800
Total other state restricted revenues.................... 8,668,200 8,668,100
State general fund/general purpose....................... $ 85,183,700 $ 85,183,700
State general fund/general purpose schedule:
Ongoing state general fund/general purpose............ 85,183,700 85,183,700
One-time state general fund/general purpose........... 0 0
Sec. 5-102. STATE BOARD OF EDUCATION/OFFICE OF THE SUPERINTENDENT
Full-time equated unclassified positions................ 6.0 6.0
Full-time equated classified positions.................. 13.0 13.0
Unclassified salaries-6.0 FTE positions.................. $ 868,900 $ 868,900
Education commission of the states....................... 120,800 120,800
State board of education, per diem payments.............. 24,400 24,400
State board/superintendent operations-13.0 FTE
positions............................................... 2,634,000 2,634,000
GROSS APPROPRIATION...................................... $ 3,648,100 $ 3,648,100
Appropriated from:
Federal revenues:
Other federal revenues................................... 238,400 238,400
Special revenue funds:
Private revenues......................................... 28,100 28,100
Other state restricted revenues.......................... 783,800 783,800
State general fund/general purpose....................... $ 2,597,800 $ 2,597,800
Sec. 5-103. DEPARTMENTAL ADMINISTRATION AND SUPPORT
Full-time equated classified positions.................. 23.6 23.6
Central support operations-23.6 FTE positions............ $ 3,761,500 $ 3,761,500
Federal and private grants............................... 3,000,000 3,000,000
Property management...................................... 3,362,100 3,362,100
Terminal leave payments.................................. 353,300 353,300
Training and orientation workshops....................... 150,000 150,000
Worker's compensation.................................... 28,200 28,200
GROSS APPROPRIATION...................................... $ 10,655,100 $ 10,655,100
Appropriated from:
Federal revenues:
Other federal revenues................................... 6,168,800 6,168,800
Special revenue funds:
Private revenues......................................... 1,000,000 1,000,000
Other state restricted revenues.......................... 565,700 565,700
State general fund/general purpose....................... $ 2,920,600 $ 2,920,600
Sec. 5-104. INFORMATION TECHNOLOGY
Information technology services and projects............. $ 4,287,500 $ 4,287,500
GROSS APPROPRIATION...................................... $ 4,287,500 $ 4,287,500
Appropriated from:
Federal revenues:
Other federal revenues................................... 2,496,500 2,496,500
Special revenue funds:
Other state restricted revenues.......................... 406,500 406,500
State general fund/general purpose....................... $ 1,384,500 $ 1,384,500
Sec. 5-105. SPECIAL EDUCATION SERVICES
Full-time equated classified positions.................. 47.0 47.0
Special education operations-47.0 FTE positions.......... $ 9,263,800 $ 9,263,800
GROSS APPROPRIATION...................................... $ 9,263,800 $ 9,263,800
Appropriated from:
Federal revenues:
Other federal revenues................................... 8,678,800 8,678,800
Special revenue funds:
Private revenues......................................... 110,100 110,100
Other state restricted revenues.......................... 45,300 45,300
State general fund/general purpose....................... $ 429,600 $ 429,600
Sec. 5-106. MICHIGAN SCHOOLS FOR THE DEAF AND BLIND
Full-time equated classified positions.................. 82.0 82.0
Camp Tuhsmeheta-1.0 FTE position......................... $ 297,600 $ 297,600
Low incidence outreach program........................... 750,000 750,000
Michigan schools for the deaf and blind operations-
81.0 FTE positions...................................... 13,430,700 13,430,700
Private gifts - blind.................................... 200,000 200,000
Private gifts - deaf..................................... 150,000 150,000
GROSS APPROPRIATION...................................... $ 14,828,300 $ 14,828,300
Appropriated from:
Federal revenues:
Other federal revenues................................... 7,484,600 7,484,600
Special revenue funds:
Local revenues........................................... 5,852,800 5,852,800
Private revenues......................................... 647,600 647,600
Other state restricted revenues.......................... 843,300 843,300
State general fund/general purpose....................... $ 0 $ 0
Sec. 5-107. PROFESSIONAL PREPARATION SERVICES
Full-time equated classified positions.................. 33.0 33.0
Professional preparation operations-33.0 FTE positions... $ 5,569,700 $ 5,569,700
GROSS APPROPRIATION...................................... $ 5,569,700 $ 5,569,700
Appropriated from:
Federal revenues:
Other federal revenues................................... 1,471,600 1,471,600
Special revenue funds:
Other state restricted revenues.......................... 3,871,300 3,871,300
State general fund/general purpose....................... $ 226,800 $ 226,800
Sec. 5-108. MICHIGAN OFFICE OF GREAT START
Full-time equated classified positions.................. 66.0 66.0
Child development and care external support.............. $ 28,749,600 $ 28,749,600
Child development and care public assistance............. 162,396,100 162,396,100
Head start collaboration office-1.0 FTE position......... 313,700 313,700
Office of great start operations-65.0 FTE positions...... 25,746,200 25,746,200
GROSS APPROPRIATION...................................... $ 217,205,600 $ 217,205,600
Appropriated from:
Federal revenues:
Other federal revenues................................... 175,558,400 175,558,400
Special revenue funds:
Private revenues......................................... 250,000 250,000
Other state restricted revenues.......................... 64,600 64,600
State general fund/general purpose....................... $ 41,332,600 $ 41,332,600
Sec. 5-109. STATE AID AND SCHOOL FINANCE SERVICES
Full-time equated classified positions.................. 11.5 11.5
State aid and finance operations-11.5 FTE positions...... $ 1,671,500 $ 1,671,500
GROSS APPROPRIATION...................................... $ 1,671,500 $ 1,671,500
Appropriated from:
Special revenue funds:
State general fund/general purpose....................... $ 1,671,500 $ 1,671,500
Sec. 5-110. AUDIT SERVICES
Full-time equated classified positions.................. 4.5 4.5
Audit operations-4.5 FTE positions....................... $ 624,700 $ 624,700
GROSS APPROPRIATION.................................... . $ 624,700 $ 624,700
Appropriated from:
Federal revenues:
Other federal revenues................................... 496,600 496,600
Special revenue funds:
Other state restricted revenues.......................... 62,900 62,900
State general fund/general purpose....................... $ 65,200 $ 65,200
Sec. 5-111. ADMINISTRATIVE LAW SERVICES
Full-time equated classified positions.................. 2.0 2.0
Administrative law operations-2.0 FTE positions.......... $ 1,392,900 $ 1,392,900
GROSS APPROPRIATION...................................... $ 1,392,900 $ 1,392,900
Appropriated from:
Federal revenues:
Other federal revenues................................... 573,800 573,800
Special revenue funds:
Other state restricted revenues.......................... 717,400 717,400
State general fund/general purpose....................... $ 101,700 $ 101,700
Sec. 5-112. ACCOUNTABILITY SERVICES
Full-time equated classified positions.................. 64.6 64.6
Accountability services operations-64.6 FTE positions.... $ 14,828,600 $ 14,828,600
GROSS APPROPRIATION...................................... $ 14,828,600 $ 14,828,600
Appropriated from:
Federal revenues:
Other federal revenues................................... 12,652,400 12,652,400
Special revenue funds:
State general fund/general purpose....................... $ 2,176,200 $ 2,176,200
Sec. 5-113. SCHOOL SUPPORT SERVICES
Full-time equated classified positions.................. 83.6 83.6
School support services operations-83.6 FTE positions.... $ 17,238,800 $ 17,238,800
GROSS APPROPRIATION...................................... $ 17,238,800 $ 17,238,800
Appropriated from:
Federal revenues:
Other federal revenues................................... 14,690,300 14,690,300
Special revenue funds:
Other state restricted revenues.......................... 159,300 159,300
State general fund/general purpose....................... $ 2,389,200 $ 2,389,200
Sec. 5-114. FIELD SERVICES
Full-time equated classified positions.................. 47.0 47.0
Field services operations-47.0 FTE positions............. $ 9,494,900 $ 9,494,900
GROSS APPROPRIATION...................................... $ 9,494,900 $ 9,494,900
Appropriated from:
Federal revenues:
Other federal revenues................................... 8,722,200 8,722,200
Special revenue funds:
Other state restricted revenues.......................... 37,300 37,300
State general fund/general purpose....................... $ 735,400 $ 735,400
Sec. 5-115. EDUCATIONAL IMPROVEMENT AND INNOVATION SERVICES
Full-time equated classified positions.................. 44.7 44.7
Educational improvement and innovation operations-44.7
FTE positions........................................... $ 9,090,000 $ 9,090,000
GROSS APPROPRIATION...................................... $ 9,090,000 $ 9,090,000
Appropriated from:
Federal revenues:
Other federal revenues................................... 5,942,100 5,942,100
Special revenue funds:
Other state restricted revenues.......................... 565,100 565,100
State general fund/general purpose....................... $ 2,582,800 $ 2,582,800
Sec. 5-116. CAREER AND TECHNICAL EDUCATION
Full-time equated classified positions.................. 29.0 29.0
Career and technical education operations-29.0 FTE
positions............................................... $ 5,312,900 $ 5,312,900
GROSS APPROPRIATION...................................... $ 5,312,900 $ 5,312,900
Appropriated from:
Federal revenues:
Other federal revenues................................... 3,944,400 3,944,400
Special revenue funds:
State general fund/general purpose....................... $ 1,368,500 $ 1,368,500
Sec. 5-117. LIBRARY OF MICHIGAN
Full-time equated classified positions.................. 33.0 33.0
Library of Michigan operations-31.0 FTE positions........ $ 4,900,200 $ 4,900,200
Library services and technology program-1.0 FTE
position................................................ 5,611,400 5,611,400
Michigan eLibrary-1.0 FTE position....................... 1,757,900 1,757,900
Renaissance zone reimbursements.......................... 2,500,000 2,500,000
State aid to libraries................................... 11,067,700 11,067,700
GROSS APPROPRIATION...................................... $ 25,837,200 $ 25,837,200
Appropriated from:
Federal revenues:
Other federal revenues................................... 5,611,400 5,611,400
Special revenue funds:
Other state restricted revenues.......................... 300,000 300,000
State general fund/general purpose....................... $ 19,925,800 $ 19,925,800
Sec. 5-118. EDUCATOR TALENT AND POLICY COORDINATION
Full-time equated classified positions.................. 17.0 17.0
Educator talent and policy coordination operations-
17.0 FTE positions...................................... $ 2,652,700 $ 2,652,700
GROSS APPROPRIATION...................................... $ 2,652,700 $ 2,652,700
Appropriated from:
Federal revenues:
Other federal revenues................................... 636,500 636,500
Special revenue funds:
Other state restricted revenues.......................... 245,600 245,600
State general fund/general purpose....................... $ 1,770,600 $ 1,770,600
Sec. 5-119. PARTNERSHIP DISTRICT SUPPORT
Full-time equated classified positions.................. 13.0 13.0
Partnership district support operations-13.0 FTE
positions............................................... $ 3,504,900 $ 3,504,900
GROSS APPROPRIATION...................................... $ 3,504,900 $ 3,504,900
Appropriated from:
Special revenue funds:
State general fund/general purpose....................... $ 3,504,900 $ 3,504,900
Sec. 5-120. ONE-TIME APPROPRIATIONS
Drinking water declaration of emergency.................. $ 100 $ 0
GROSS APPROPRIATION...................................... $ 100 $ 0
Appropriated from:
Special revenue funds:
Other state restricted revenues.......................... 100 0
State general fund/general purpose....................... $ 0 $ 0
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
FISCAL YEAR 2019
GENERAL SECTIONS
Sec. 5-201. Pursuant to section 30 of article IX of the state constitution of
1963, total state spending from state resources under part 1 for the fiscal year 2019
is $93,851,900.00 and state spending from state resources to be paid to local units of
government for fiscal year 2019 is $13,567,700.00. The itemized statement below
identifies appropriations from which spending to local units of government will occur:
DEPARTMENT OF EDUCATION
Renaissance zone reimbursements......................................... $ 2,500,000
State aid to libraries.................................................. 11,067,700
TOTAL..................................................................... $ 13,567,700
Sec. 5-202. The appropriations authorized under this article are subject to the
management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594.
Sec. 5-203. As used in this article:
(a) "Department" means the Michigan department of education.
(b) "District" means a local school district as 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.
(c) "FTE" means full-time equated.
(d) "IDG" means interdepartmental grant.
Sec. 5-204. The departments and agencies receiving appropriations in part 1 shall
use the Internet to fulfill the reporting requirements of this article. This
requirement may include transmission of reports via electronic mail to the recipients
identified for each reporting requirement, or it may include placement of reports on
an Internet or Intranet site.
Sec. 5-205. Funds appropriated in part 1 shall not be used for the purchase of
foreign goods or services, or both, if competitively priced and of comparable quality
American goods or services, or both, are available. Preference shall be given to goods
or services, or both, manufactured or provided by Michigan businesses, if they are
competitively priced and of comparable quality. In addition, preference should be
given to goods or services, or both, that are manufactured or provided by Michigan
businesses owned and operated by veterans, if they are competitively priced and of
comparable quality.
Sec. 5-206. The state superintendent of public instruction shall take all
reasonable steps to ensure businesses in deprived and depressed communities compete
for and perform contracts to provide services or supplies, or both. The state
superintendent of public instruction shall strongly encourage firms with which the
department contracts to subcontract with certified businesses in depressed and
deprived communities for services, supplies, or both.
Sec. 5-207. The departments and agencies receiving appropriations in part 1 shall
prepare a report on out-of-state travel expenses not later than January 1 of each
year. The travel report shall be a listing of all travel by classified and
unclassified employees outside this state in the immediately preceding fiscal year
that was funded in whole or in part with funds appropriated in the department's
budget. The report shall be submitted to the senate and house appropriations
committees, the house and senate fiscal agencies, and the state budget director. The
report shall include the following information:
(a) The dates of each travel occurrence.
(b) The transportation and related costs of each travel occurrence, including the
proportion funded with state general fund/general purpose revenues, the proportion
funded with state restricted revenues, the proportion funded with federal revenues,
and the proportion funded with other revenues.
Sec. 5-208. Funds appropriated in part 1 shall not be used by a principal
executive department, state agency, or authority to hire a person to provide legal
services that are the responsibility of the attorney general. This prohibition does
not apply to legal services for bonding activities and for those outside services that
the attorney general authorizes.
Sec. 5-209. Not later than November 30, the state budget office shall prepare and
transmit a report that provides for estimates of the total general fund/general
purpose appropriation lapses at the close of the prior fiscal year. This report shall
summarize the projected year-end general fund/general purpose appropriation lapses by
major departmental program or program areas. The report shall be transmitted to the
chairpersons of the senate and house appropriations committees and the senate and
house fiscal agencies.
Sec. 5-210. (1) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $10,000,000.00 for federal contingency funds.
These funds are not available for expenditure until they have been transferred to
another line item in this article under section 393(2) of the management and budget
act, 1984 PA 431, MCL 18.1393.
(2) In addition to the funds appropriated in part 1, there is appropriated an
amount not to exceed $700,000.00 for state restricted contingency funds. These funds
are not available for expenditure until they have been transferred to another line
item in this article under section 393(2) of the management and budget act, 1984 PA
431, MCL 18.1393.
(3) In addition to the funds appropriated in part 1, there is appropriated an
amount not to exceed $250,000.00 for local contingency funds. These funds are not
available for expenditure until they have been transferred to another line item in
this article under section 393(2) of the management and budget act, 1984 PA 431, MCL
18.1393.
(4) In addition to the funds appropriated in part 1, there is appropriated an
amount not to exceed $3,000,000.00 for private contingency funds. These funds are not
available for expenditure until they have been transferred to another line item in
this article under section 393(2) of the management and budget act, 1984 PA 431, MCL
18.1393.
Sec. 5-211. The department shall cooperate with the department of technology,
management and budget to maintain a searchable website accessible by the public at no
cost that includes, but is not limited to, all of the following for each department or
agency:
(a) Fiscal year-to-date expenditures by category.
(b) Fiscal year-to-date expenditures by appropriation unit.
(c) Fiscal year-to-date payments to a selected vendor, including the vendor name,
payment date, payment amount, and payment description.
(d) The number of active department employees by job classification.
(e) Job specifications and wage rates.
Sec. 5-212. Within 14 days after the release of the executive budget
recommendation, the department shall cooperate with the state budget office to provide
the senate and house appropriations chairs, the senate and house appropriations
subcommittees chairs, and the senate and house fiscal agencies with an annual report
on estimated state restricted fund balances, state restricted fund projected revenues,
and state restricted fund expenditures for the fiscal years ending September 30, 2018
and September 30, 2019.
Sec. 5-213. The department shall maintain, on a publicly accessible website, a
department scorecard that identifies, tracks and regularly updates key metrics that
are used to monitor and improve the department's performance.
Sec. 5-214. Total authorized appropriations from all sources under part 1 for
legacy costs for the fiscal year ending September 30, 2019 are estimated at
$15,595,300.00. From this amount, total agency appropriations for pension-related
legacy costs are estimated at $7,189,700.00. Total agency appropriations for retiree
health care legacy costs are estimated at $8,405,600.00.
Sec. 5-215. The department shall provide through the internet the state board of
education agenda and all supporting documents, and shall notify the state budget
director and the senate and house fiscal agencies that the agenda and supporting
documents are available on the internet, at the time the agenda and supporting
documents are provided to state board of education members.
Sec. 5-217. The department may assist the department of health and human
services, other departments, and local school districts to secure reimbursement for
eligible services provided in Michigan schools from the federal Medicaid program. The
department may submit reports of direct expenses related to this effort to the
department of health and human services for reimbursement.
Sec. 5-219. 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. 5-220. The department shall post on its website a link to the federal
Institute of Education Sciences' What Works Clearinghouse. The department also shall
work to disseminate knowledge about the What Works Clearinghouse to districts and
intermediate districts so that it may be used to improve reading proficiency for
pupils in grades K to 3.
Sec. 5-221. 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. 5-225. (1) The department shall do all of the following:
(a) Not later than October 1, 2018, send districts and post on its publicly
accessible website a list of the grants available in the current fiscal year under
article 1 of the state school aid act of 1979, 1979 PA 94, MCL 388.1601 to 388.1772.
(b) Not later than December 1, 2018, provide the grant application process status
for known grant funds appropriated in the current fiscal year under article 1 of the
state school aid act of 1979, 1979 PA 94, MCL 388.1601 to 388.1772.
(2) If the department fails to comply with either subdivision (a) or subdivision
(b), the state money appropriated in part 1 for state board/superintendent operations
shall be reduced by 1%.
Sec. 5-226. From the funds appropriated in part 1, the department shall
coordinate with the other departments to streamline state services and resources,
reduce duplication, and increase efficiency. This includes, but is not limited to,
working with the department of treasury to coordinate with the financial independence
team and overseeing deficit districts, and working with the department of health and
human services and department of licensing and regulatory affairs to coordinate with
early childhood programs and overseeing child care providers.
STATE BOARD/OFFICE OF THE SUPERINTENDENT
Sec. 5-301. (1) The appropriations in part 1 may be used for per diem payments to
the state board for meetings at which a quorum is present or for performing official
business authorized by the state board. The per diem payments shall be at a rate as
follows:
(a) State board of education - president - $110.00 per day.
(b) State board of education - member other than president - $100.00 per day.
(2) A state board of education member shall not be paid a per diem for more than
30 days per year.
SPECIAL EDUCATION SERVICES
Sec. 5-350. From the funds in part 1 for special education operations, the
department shall use $100,000.00 to design and distribute to all parents and legal
guardians of a student with a disability information about federal and state mandates
regarding the rights and protections of students with disabilities, including, but not
limited to, individualized education programs to ensure that parents and legal
guardians are fully informed about laws, rules, procedural safeguards, problem-solving
options, and any other information the department determines is necessary so that
parents and legal guardians may be able to provide meaningful input in collaboration
with districts to develop and implement an individualized education program.
MICHIGAN SCHOOLS FOR THE DEAF AND BLIND
Sec. 5-401. The employees at the Michigan Schools for the Deaf and Blind who work
on a school-year basis are considered annual employees for purposes of service
credits, retirement, and insurance benefits.
Sec. 5-402. For each student enrolled at the Michigan Schools for the Deaf and
Blind, the department shall assess the intermediate school district of residence 100%
of the cost of operating the student's instructional program. The amount shall exclude
room and board related costs and the cost of weekend transportation between the school
and the student's home.
Sec. 5-406. (1) The Michigan Schools for the Deaf and Blind may promote its
residential program as a possible appropriate option for children who are deaf or hard
of hearing or who are blind or visually impaired. The Michigan Schools for the Deaf
and Blind shall distribute information detailing its services to all intermediate
school districts in the state.
(2) Upon knowledge of or recognition by an intermediate school district that a
child in the district is deaf or hard of hearing or blind or visually impaired, the
intermediate school district shall provide to the parents of the child the literature
distributed by the Michigan Schools for the Deaf and Blind to intermediate school
districts under subsection (1).
(3) Parents will continue to have a choice regarding the educational placement of
their deaf or hard-of-hearing children.
Sec. 5-407. Revenue received by the Michigan Schools for the Deaf and Blind from
gifts, bequests, and donations that is unexpended at the end of the state fiscal year
may be carried over to the succeeding fiscal year and shall not revert to the general
fund.
Sec. 5-408. (1) The funds appropriated in part 1 for the low incidence outreach
fund are appropriated from money collected by the Michigan Schools for the Deaf and
Blind and the low incidence outreach program for providing qualified services and may
be used for any expenses necessary to provide the qualified services. Any money that
is unexpended at the end of the current fiscal year may be carried forward into the
succeeding fiscal year.
(2) As used in this section, "qualified services" means document reproduction and
services; conducting conferences, workshops, and training classes; and providing
specialized equipment, facilities, and software.
PROFESSIONAL PREPARATION SERVICES
Sec. 5-501. From the funds appropriated in part 1 for professional preparation
services, the department shall maintain certificate revocation/felony conviction files
of educational personnel.
Sec. 5-502. 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. 5-503. From the funds appropriated in part 1, the department shall, upon
request, consult with the Michigan Virtual Research Institute and external
stakeholders in connection with the department's implementation and administration of
professional development training described in section 35a of the state school aid act
of 1979, 1979 PA 94, MCL 388.1635a, including, but not limited to, the online training
of educators of pupils in grades K to 3 described in that section.
Sec. 5-506. Revenue received from teacher testing fees that is unexpended at the
end of the current fiscal year may be carried over to the succeeding fiscal year and
shall not revert to the general fund.
Sec. 5-507. From the funds appropriated in part 1, the department shall adopt a
teacher certification test that ensures that all newly certified elementary teachers
have the skills to deliver evidence-based literacy instruction. The department may use
teacher certification or teacher testing fee revenue to the extent allowable under law
to implement this section, or may pass along increased testing fees to teachers as
allowable and appropriate.
SCHOOL SUPPORT SERVICES
Sec. 5-601. From the funds appropriated in part 1, there is allocated to the
department an amount not to exceed $1,000,000.00 for implementation costs associated
with programs for early childhood literacy funded under section 35a of the state
school aid act of 1979, 1979 PA 94, MCL 388.1635a.
FIELD SERVICES
Sec. 5-701. (1) From the funds appropriated in part 1 for field services
operations, the department shall produce a report detailing the progress made by
districts with grades K to 8 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, and in providing reading intervention
services described in section 1280f of the revised school code, 1976 PA 451, MCL
380.1280f, for pupils in grades K to 3.
(2) The report described in subsection (1) shall include, at a minimum:
(a) A description of the training, coaching, and technical assistance offered by
the department to districts to support the implementation of effective multitiered
systems of supports and reading intervention programs.
(b) A list of districts determined by the department to have successfully
implemented multitiered systems of supports and reading intervention programs.
(c) A list of best practices that the department has identified that may be used
by districts to implement multitiered systems of supports and reading intervention
programs.
(d) Other information the department determines would be useful to understanding
the status of districts' implementation of effective multitiered systems of supports
and reading intervention programs.
(3) The department shall provide the report described in subsection (1) to the
state budget director, the house and senate subcommittees that oversee the department
of education and school aid budgets, and the house and senate fiscal agencies by
September 30, 2019.
LIBRARY OF MICHIGAN
Sec. 5-801. (1) The funds appropriated in part 1 for library fees are
appropriated from money collected by the Library of Michigan for providing qualified
services and may be used for any expenses necessary to provide the qualified services.
Any money that is unexpended at the end of the current fiscal year may be carried
forward into the succeeding fiscal year.
(2) As used in this section, "qualified services" means document reproduction and
services; conducting conferences, workshops, and training classes; and providing
specialized equipment, facilities, and software.
Sec. 5-804. (1) The funds appropriated in part 1 for renaissance zone
reimbursements shall be used to reimburse public libraries under section 12 of the
Michigan renaissance zone act, 1996 PA 376, MCL 125.2692, for taxes levied in 2018.
The allocations shall be made not later than 60 days after the department of treasury
certifies to the department and to the state budget director that the department of
treasury has received all necessary information to properly determine the amounts due
to each eligible recipient.
(2) If the amount appropriated under this section is not sufficient to fully pay
obligations under this section, payments shall be prorated on an equal basis among all
eligible public libraries.
MICHIGAN OFFICE OF GREAT START
Sec. 5-1003. (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. 5-1007. (1) From the funds appropriated in part 1 for child development and
care - external support, the department shall create progress reports that shall
include, but are not limited to, the following:
(a) Both the on-site and off-site activities that are intended to improve child
care provider quality and the number of times those activities are performed by the
licensing consultants.
(b) How many on-site visits a single licensing consultant has made since the
start of the current fiscal year.
(c) The types of on-site visits and the number of visits for each type that a
single consultant has made since the start of the current fiscal year.
(d) The number of providers that have improved their quality rating since the
start of the current fiscal year compared to the same time period in the preceding
fiscal year, reported as the number of providers in each regional prosperity zone.
(e) The types of activities that are intended to improve licensing consultant
performance and child care provider quality and the number of times those activities
are performed by the managers and administrators.
(2) The progress reports shall be sent to the state budget director, the house
and senate subcommittees that oversee the department of education, and the house and
senate fiscal agencies by April 1, 2019 and September 30, 2019.
Sec. 5-1008. From the amount appropriated in part 1 for office of great start
operations, the department shall work with the department of health and human services
to coordinate services provided to families for home visits, reduce duplication of
state services and spending, and increase efficiencies including the home visits
funded under section 32p of the state school aid act of 1979, 1979 PA 94, MCL
388.1632p.
Article 6
DEPARTMENT OF ENVIRONMENTAL QUALITY
PART 1
LINE-ITEM APPROPRIATIONS AND ANTICIPATED APPROPRIATIONS
Sec. 6-101. Subject to the conditions set forth in this article, the amounts
listed in this part for the department of environmental quality are appropriated for
the fiscal year ending September 30, 2019, and are anticipated to be appropriated for
the fiscal year ending September 30, 2020, from the funds indicated in this part. The
following is a summary of the appropriations and anticipated appropriations in this
part:
DEPARTMENT OF ENVIRONMENTAL QUALITY
APPROPRIATION SUMMARY
Full-time equated unclassified positions................ 6.0 6.0
Full-time equated classified positions.................. 1,257.0 1,257.0
GROSS APPROPRIATION...................................... $ 494,588,000 $ 518,291,100
Total interdepartmental grants and interdepartmental
transfers............................................... 3,143,700 3,143,700
ADJUSTED GROSS APPROPRIATION............................. $ 491,444,300 $ 515,147,400
Total federal revenues................................... 160,225,400 160,225,400
Total local revenues..................................... 0 0
Total private revenues................................... 1,061,700 1,061,700
Total other state restricted revenues.................... 283,210,700 306,913,800
State general fund/general purpose....................... $ 46,946,500 $ 46,946,500
State general fund/general purpose schedule:
Ongoing state general fund/general purpose............ 46,946,500 46,946,500
One-time state general fund/general purpose........... 0 0
Sec. 6-102. DEPARTMENTAL ADMINISTRATION AND SUPPORT
Full-time equated unclassified positions................ 6.0 6.0
Full-time equated classified positions.................. 83.0 83.0
Unclassified salaries-6.0 FTE positions.................. $ 792,200 $ 792,200
Accounting service center................................ 1,419,700 1,419,700
Administrative hearings officers......................... 388,000 388,000
Central support services-39.0 FTE positions.............. 8,159,000 8,159,000
Communications and community outreach-31.0 FTE
positions............................................... 4,585,900 4,585,900
Environmental support projects........................... 5,000,000 5,000,000
Executive direction-13.0 FTE positions................... 2,142,600 2,142,600
Facilities management.................................... 1,000,000 1,000,000
Property management...................................... 7,458,300 7,458,300
GROSS APPROPRIATION...................................... $ 30,945,700 $ 30,945,700
Appropriated from:
Interdepartmental grant revenues:
IDG from department of state police...................... 61,100 61,100
Federal revenues:
Other federal revenues................................... 29,400 29,400
Special revenue funds:
Private revenues......................................... 364,000 364,000
Other state restricted revenues.......................... 23,193,500 23,193,500
State general fund/general purpose....................... $ 7,297,700 $ 7,297,700
Sec. 6-103. GREAT LAKES RESTORATION INITIATIVE
Great Lakes restoration initiative....................... $ 6,714,100 $ 6,714,100
GROSS APPROPRIATION...................................... $ 6,714,100 $ 6,714,100
Appropriated from:
Federal revenues:
Other federal revenues................................... 6,714,100 6,714,100
Special revenue funds:
State general fund/general purpose....................... $ 0 $ 0
Sec. 6-104. WATER RESOURCES DIVISION
Full-time equated classified positions.................. 316.0 316.0
Aquatic nuisance control program-6.0 FTE positions....... $ 931,400 $ 931,400
Expedited water/wastewater permits-1.0 FTE position...... 51,400 51,400
Federal - Great Lakes remedial action plan grants........ 583,800 583,800
Federal - nonpoint source water pollution grants......... 4,083,300 4,083,300
Fish contaminant monitoring.............................. 316,100 316,100
Groundwater discharge permit program-22.0 FTE
positions............................................... 3,253,500 3,253,500
Land and water interface permit programs-82.0 FTE
positions............................................... 11,848,200 11,848,200
Nonpoint source pollution prevention and control
project program......................................... 2,000,000 2,000,000
NPDES nonstormwater program-83.0 FTE positions........... 13,245,000 13,245,000
Program direction and project assistance-27.0 FTE
positions............................................... 3,113,700 3,113,700
Surface water-86.0 FTE positions......................... 16,291,600 15,767,600
Technology advancements for water monitoring............. 500,000 500,000
Water quality and use initiative/general-5.0 FTE
positions............................................... 1,498,300 1,498,300
Water quality protection grants.......................... 100,000 100,000
Water withdrawal assessment program-4.0 FTE positions.... 1,438,400 1,438,400
Wetland mitigation banking grants and loans.............. 1,000,000 0
Wetlands program......................................... 1,000,000 1,000,000
GROSS APPROPRIATION...................................... $ 61,254,700 $ 59,730,700
Appropriated from:
Interdepartmental grant revenues:
IDG from department of transportation.................... 1,281,500 1,281,500
Federal revenues:
Other federal revenues................................... 20,490,200 20,490,200
Special revenue funds:
Other state restricted revenues.......................... 21,071,400 19,547,400
State general fund/general purpose....................... $ 18,411,600 $ 18,411,600
Sec. 6-105. LAW ENFORCEMENT
Full-time equated classified positions.................. 15.0 15.0
Environmental investigations-15.0 FTE positions.......... $ 3,004,900 $ 3,004,900
GROSS APPROPRIATION...................................... $ 3,004,900 $ 3,004,900
Appropriated from:
Federal revenues:
Other federal revenues................................... 574,800 574,800
Special revenue funds:
Other state restricted revenues.......................... 1,871,000 1,871,000
State general fund/general purpose....................... $ 559,100 $ 559,100
Sec. 6-106. AIR QUALITY DIVISION
Full-time equated classified positions.................. 187.0 187.0
Air quality programs-187.0 FTE positions................. $ 27,493,200 $ 27,493,200
GROSS APPROPRIATION...................................... $ 27,493,200 $ 27,493,200
Appropriated from:
Federal revenues:
Other federal revenues................................... 7,277,800 7,277,800
Special revenue funds:
Other state restricted revenues.......................... 14,310,700 14,310,700
State general fund/general purpose....................... $ 5,904,700 $ 5,904,700
Sec. 6-107. RESOURCE MANAGEMENT DIVISION
Full-time equated classified positions.................. 282.0 282.0
Drinking water and environmental health-115.0 FTE
positions............................................... $ 16,554,400 $ 16,554,400
Drinking water program grants............................ 830,000 830,000
Hazardous waste management program-45.0 FTE positions.... 6,600,700 6,600,700
Low-level radioactive waste authority-2.0 FTE
positions............................................... 236,700 236,700
Medical waste program-2.0 FTE positions.................. 309,300 309,300
Municipal assistance-29.0 FTE positions.................. 4,881,200 4,881,200
Noncommunity water grants................................ 1,905,700 1,905,700
Oil, gas, and mineral services-57.0 FTE positions........ 10,804,700 10,804,700
Pollution prevention-7.0 FTE positions................... 2,095,700 2,095,700
Radiological protection program-12.0 FTE positions....... 2,000,600 2,000,600
Recycling initiative-3.0 FTE positions................... 1,020,300 1,020,300
Scrap tire grants........................................ 3,500,000 3,500,000
Scrap tire regulatory program-10.0 FTE positions......... 1,357,300 1,357,300
Septage waste compliance grants.......................... 275,000 275,000
Water state revolving funds.............................. 120,000,000 120,000,000
GROSS APPROPRIATION...................................... $ 172,371,600 $ 172,371,600
Appropriated from:
Interdepartmental grant revenues:
IDG from department of state police...................... 1,689,200 1,689,200
Federal revenues:
Other federal revenues................................... 117,388,600 117,388,600
Special revenue funds:
Private revenues......................................... 506,600 506,600
Other state restricted revenues.......................... 40,112,000 40,112,000
State general fund/general purpose....................... $ 12,675,200 $ 12,675,200
Sec. 6-108. REMEDIATION AND REDEVELOPMENT DIVISION
Full-time equated classified positions.................. 294.0 294.0
Contaminated site investigations, cleanup and
revitalization-130.0 FTE positions...................... $ 15,674,100 $ 15,674,100
Emergency cleanup actions................................ 3,000,000 3,000,000
Environmental cleanup and redevelopment program.......... 15,000,000 15,000,000
Environmental cleanup support............................ 1,840,000 1,840,000
Federal cleanup project management-40.0 FTE positions.... 7,052,700 7,052,700
Laboratory services-39.0 FTE positions................... 6,406,400 6,406,400
Refined petroleum product cleanup program-85.0 FTE
positions............................................... 34,680,000 34,680,000
Superfund cleanup........................................ 1,000,000 1,000,000
GROSS APPROPRIATION...................................... $ 84,653,200 $ 84,653,200
Appropriated from:
Federal revenues:
Other federal revenues................................... 6,412,500 6,412,500
Special revenue funds:
Private revenues......................................... 191,100 191,100
Other state restricted revenues.......................... 76,424,200 76,424,200
State general fund/general purpose....................... $ 1,625,400 $ 1,625,400
Sec. 6-109. UNDERGROUND STORAGE TANK AUTHORITY
Full-time equated classified positions.................. 5.0 5.0
Underground storage tank cleanup program-5.0 FTE
positions............................................... $ 20,028,700 $ 20,028,700
GROSS APPROPRIATION...................................... $ 20,028,700 $ 20,028,700
Appropriated from:
Special revenue funds:
Other state restricted revenues.......................... 20,028,700 20,028,700
State general fund/general purpose....................... $ 0 $ 0
Sec. 6-110. WATER INFRASTRUCTURE INITIATIVE
Water infrastructure initiative.......................... $ 0 $ 25,227,200
GROSS APPROPRIATION...................................... $ 0 $ 25,227,200
Appropriated from:
Special revenue funds:
Other state restricted revenues.......................... 0 25,227,200
State general fund/general purpose....................... $ 0 $ 0
Sec. 6-111. RENEWING MICHIGAN'S ENVIRONMENT
Full-time equated classified positions.................. 75.0 75.0
Clean Michigan program-75.0 FTE positions................ $ 79,045,000 $ 79,045,000
GROSS APPROPRIATION...................................... $ 79,045,000 $ 79,045,000
Appropriated from:
Special revenue funds:
Other state restricted revenues.......................... 79,045,000 79,045,000
State general fund/general purpose....................... $ 0 $ 0
Sec. 6-112. INFORMATION TECHNOLOGY
Information technology services and projects............. $ 9,076,800 $ 9,076,800
GROSS APPROPRIATION...................................... $ 9,076,800 $ 9,076,800
Appropriated from:
Interdepartmental grant revenues:
IDG from department of state police...................... 25,800 25,800
IDG from department of transportation.................... 86,100 86,100
Federal revenues:
Other federal revenues................................. . 1,338,000 1,338,000
Special revenue funds:
Other state restricted revenues.......................... 7,154,100 7,154,100
State general fund/general purpose....................... $ 472,800 $ 472,800
Sec. 6-113. ONE-TIME APPROPRIATIONS
Drinking water declaration of emergency.................. $ 100 $ 0
GROSS APPROPRIATION...................................... $ 100 $ 0
Appropriated from:
Special revenue funds:
Other state restricted revenues.......................... 100 0
State general fund/general purpose....................... $ 0 $ 0
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
FISCAL YEAR 2019
GENERAL SECTIONS
Sec. 6-201. Pursuant to section 30 of article IX of the state constitution of
1963, total state spending from state resources under part 1 for the fiscal year 2019
is $330,157,200.00 and state spending from state resources to be paid to local units
of government for fiscal year 2019 is $24,581,000.00. The itemized statement below
identifies appropriations from which spending to local units of government will occur:
DEPARTMENT OF ENVIRONMENTAL QUALITY
Surface water........................................................... $ 160,000
Technology advancements for water monitoring............................ 500,000
Drinking water program grants........................................... 600,000
Medical waste program................................................... 65,000
Noncommunity water grants............................................... 1,800,000
Pollution prevention.................................................... 250,000
Recycling initiative.................................................... 500,000
Scrap tire grants....................................................... 500,000
Septage waste compliance grants......................................... 100,000
Emergency cleanup actions............................................... 106,000
Clean Michigan program.................................................. 20,000,000
TOTAL..................................................................... $ 24,581,000
Sec. 6-202. The appropriations authorized under this article are subject to the
management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594.
Sec. 6-203. As used in this article:
(a) "Department" means the department of environmental quality.
(b) "Director" means the director of the department.
(c) "FTE" means full-time equated.
(d) "IDG" means interdepartmental grant.
(e) "NPDES" means national pollution discharge elimination system.
Sec. 6-204. The departments and agencies receiving appropriations in part 1 shall
use the Internet to fulfill the reporting requirements of this article. This
requirement may include transmission of reports via electronic mail to the recipients
identified for each reporting requirement, or it may include placement of reports on
an Internet or Intranet site.
Sec. 6-205. Funds appropriated in part 1 shall not be used for the purchase of
foreign goods or services, or both, if competitively priced and of comparable quality
American goods or services, or both, are available. Preference shall be given to goods
or services, or both, manufactured or provided by Michigan businesses, if they are
competitively priced and of comparable quality. In addition, preference should be
given to goods or services, or both, that are manufactured or provided by Michigan
businesses owned and operated by veterans, if they are competitively priced and of
comparable quality.
Sec. 6-206. The director shall take all reasonable steps to ensure businesses in
deprived and depressed communities compete for and perform contracts to provide
services or supplies, or both. Each director shall strongly encourage firms with which
the department contracts to subcontract with certified businesses in depressed and
deprived communities for services, supplies, or both.
Sec. 6-207. The departments and agencies receiving appropriations in part 1 shall
prepare a report on out-of-state travel expenses not later than January 1 of each
year. The travel report shall be a listing of all travel by classified and
unclassified employees outside this state in the immediately preceding fiscal year
that was funded in whole or in part with funds appropriated in the department's
budget. The report shall be submitted to the senate and house appropriations
committees, the house and senate fiscal agencies, and the state budget director. The
report shall include the following information:
(a) The dates of each travel occurrence.
(b) The transportation and related costs of each travel occurrence, including the
proportion funded with state general fund/general purpose revenues, the proportion
funded with state restricted revenues, the proportion funded with federal revenues,
and the proportion funded with other revenues.
Sec. 6-208. Funds appropriated in part 1 shall not be used by a principal
executive department, state agency, or authority to hire a person to provide legal
services that are the responsibility of the attorney general. This prohibition does
not apply to legal services for bonding activities and for those outside services that
the attorney general authorizes.
Sec. 6-209. Not later than November 30, the state budget office shall prepare and
transmit a report that provides for estimates of the total general fund/general
purpose appropriation lapses at the close of the prior fiscal year. This report shall
summarize the projected year-end general fund/general purpose appropriation lapses by
major departmental program or program areas. The report shall be transmitted to the
chairpersons of the senate and house appropriations committees and the senate and
house fiscal agencies.
Sec. 6-210. (1) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $30,000,000.00 for federal contingency funds.
These funds are not available for expenditure until they have been transferred to
another line item in this article under section 393(2) of the management and budget
act, 1984 PA 431, MCL 18.1393.
(2) In addition to the funds appropriated in part 1, there is appropriated an
amount not to exceed $5,000,000.00 for state restricted contingency funds. These funds
are not available for expenditure until they have been transferred to another line
item in this article under section 393(2) of the management and budget act, 1984 PA
431, MCL 18.1393.
(3) In addition to the funds appropriated in part 1, there is appropriated an
amount not to exceed $100,000.00 for local contingency funds. These funds are not
available for expenditure until they have been transferred to another line item in
this article under section 393(2) of the management and budget act, 1984 PA 431, MCL
18.1393.
(4) In addition to the funds appropriated in part 1, there is appropriated an
amount not to exceed $500,000.00 for private contingency funds. These funds are not
available for expenditure until they have been transferred to another line item in
this article under section 393(2) of the management and budget act, 1984 PA 431, MCL
18.1393.
Sec. 6-211. The department shall cooperate with the department of technology,
management and budget to maintain a searchable website accessible by the public at no
cost that includes, but is not limited to, all of the following for each department or
agency:
(a) Fiscal year-to-date expenditures by category.
(b) Fiscal year-to-date expenditures by appropriation unit.
(c) Fiscal year-to-date payments to a selected vendor, including the vendor name,
payment date, payment amount, and payment description.
(d) The number of active department employees by job classification.
(e) Job specifications and wage rates.
Sec. 6-212. Within 14 days after the release of the executive budget
recommendation, the department shall cooperate with the state budget office to provide
the senate and house appropriations chairs, the senate and house appropriations
subcommittees chairs, and the senate and house fiscal agencies with an annual report
on estimated state restricted fund balances, state restricted fund projected revenues,
and state restricted fund expenditures for the fiscal years ending September 30, 2018
and September 30, 2019.
Sec. 6-213. The department shall maintain, on a publicly accessible website, a
department scorecard that identifies, tracks and regularly updates key metrics that
are used to monitor and improve the department's performance.
Sec. 6-214. Total authorized appropriations from all sources under part 1 for
legacy costs for the fiscal year ending September 30, 2019 are estimated at
$33,567,400.00. From this amount, total agency appropriations for pension-related
legacy costs are estimated at $15,475,100.00. Total agency appropriations for retiree
health care legacy costs are estimated at $18,092,300.00.
Sec. 6-216. (1) The department shall report all of the following information
relative to allocations made from appropriations for the environmental cleanup and
redevelopment program, state cleanup, emergency actions, superfund cleanup, the
revitalization revolving loan program, the brownfield grants and loans program, the
leaking underground storage tank cleanup program, the contaminated lake and river
sediments cleanup program, the refined petroleum product cleanup program, and the
environmental protection bond projects under section 19508(7) of the natural resources
and environmental protection act, 1994 PA 451, MCL 324.19508, to the state budget
director, the senate and house appropriations subcommittees on environmental quality,
and the senate and house fiscal agencies:
(a) The name and location of the site for which an allocation is made.
(b) The nature of the problem encountered at the site.
(c) A brief description of how the problem will be resolved if the allocation is
made for a response activity.
(d) The estimated date that site closure activities will be completed.
(e) The amount of the allocation, or the anticipated financing for the site.
(f) A summary of the sites and the total amount of funds expended at the sites at
the conclusion of the fiscal year.
(g) The number of brownfield projects that were successfully redeveloped.
(2) The report prepared under subsection (1) shall also include all of the
following:
(a) The status of all state-owned facilities that are on the list compiled under
part 201 of the natural resources and environmental protection act, 1994 PA 451, MCL
324.20101 to 324.20142.
(b) The report shall include the total amount of funds expended during the fiscal
year and the total amount of funds awaiting expenditure.
(c) The total amount of bonds issued for the environmental protection bond
program pursuant to part 193 of the natural resources and environmental protection
act, 1994 PA 451, MCL 324.19301 to 324.19306, and bonds issued pursuant to the clean
Michigan initiative act, 1998 PA 284, MCL 324.95101 to 324.95108.
(3) The report shall be made available by March 31 of each year.
Sec. 6-217. (1) The department may expend amounts remaining from the current and
prior fiscal year appropriations to meet funding needs of legislatively approved sites
for the environmental cleanup and redevelopment program, the refined petroleum product
cleanup program, brownfield grants and loans, waterfront grants, and the environmental
bond site reclamation program.
(2) Unexpended and unencumbered amounts remaining from appropriations from the
environmental protection bond fund contained in 2003 PA 173, 2005 PA 109, 2006 PA 343,
2011 PA 63, and 2012 PA 236 are appropriated for expenditure for any site listed in
this part and part 1 and any site listed in the public acts referenced in this
section.
(3) Unexpended and unencumbered amounts remaining from appropriations from the
clean Michigan initiative fund - response activities contained in 2000 PA 52, 2004 PA
309, 2005 PA 11, 2006 PA 343, 2007 PA 121, 2011 PA 63, 2013 PA 59, 2014 PA 252, 2015
PA 84, 2016 PA 268, and 2017 PA 107 are appropriated for expenditure for any site
listed in this part and part 1 and any site listed in the public acts referenced in
this section.
(4) Unexpended and unencumbered amounts remaining from appropriations from the
refined petroleum fund activities contained in 2007 PA 121, 2008 PA 247, 2009 PA 118,
2010 PA 189, 2011 PA 63, 2012 PA 200, 2013 PA 59, 2014 PA 252, 2015 PA 84, 2016 PA
268, and 2017 PA 107 are appropriated for expenditure for any site listed in this part
and part 1 and any site listed in the public acts referenced in this section.
(5) Unexpended and unencumbered amounts remaining from the appropriations from
the strategic water quality initiatives fund contained in 2011 PA 50, 2011 PA 63, 2012
PA 200, 2013 PA 59, 2014 PA 252, 2015 PA 84, 2016 PA 268, and 2017 PA 107 are
appropriated for expenditure for any site listed in this part and part 1 and any site
listed in the public acts referenced in this section.
Sec. 6-219. Unexpended settlement revenues at the end of the fiscal year may be
carried forward into the settlement fund in the succeeding fiscal year up to a maximum
carryforward of $2,500,000.00.
Sec. 6-235. The department shall prepare an annual report to the legislature by
March 31 that details all of the following for each of the allocations from the clean
Michigan initiative bond fund as described in section 19607(1)(a) to (i) of the
natural resources and environmental protection act, 1994 PA 451, MCL 324.19607:
(a) The progress of projects funded in each category.
(b) The current cost to date of all projects funded in each category.
(c) The estimated remaining cost of all projects funded in each category.
(d) The remaining balance of money in the fund allocated for each category.
(e) The total debt obligation on all clean Michigan initiative bonds and the
length of time remaining until full bond repayment is achieved.
Sec. 6-236. The department shall provide a report detailing the expenditure of
departmental funds appropriated in 2015 PA 143, 2016 PA 3, 2016 PA 268, 2016 PA 340,
and 2017 PA 107. The report shall include the following:
(a) The names and locations of entities receiving funds.
(b) The purpose for each expenditure.
(c) The status of programs supported by this funding.
(d) A brief description of how related problems have been or will be resolved if
expenditures are made for immediate response.
(e) The job titles and number of departmental FTEs engaged in the Flint
declaration of emergency response effort.
Sec. 6-237. From the funds appropriated in part 1, the department shall be
responsible for the necessary and reasonable attorney fees and costs incurred by
private and independent legal counsel chosen by current and former classified and
unclassified department employees in the defense of the department employees named as
a party in any state or federal lawsuits or investigations related to the city of
Flint municipal water system.
REMEDIATION AND REDEVELOPMENT DIVISION
Sec. 6-301. Revenues remaining in the laboratory services fund at the end of the
fiscal year carry forward into the succeeding fiscal year.
Sec. 6-302. The unexpended funds appropriated in part 1 for emergency cleanup
actions are designated as a work project appropriation, and any unencumbered or
unallotted funds shall not lapse at the end of the fiscal year and shall be available
for expenditures for projects under this section until the projects have been
completed. The following is in compliance with section 451a of the management and
budget act, 1984 PA 431, MCL 18.1451a:
(a) The purpose of the project is to provide contaminated site cleanup.
(b) The project will be accomplished by utilizing state employees or contracts
with service providers, or both.
(c) The total estimated cost of the project is $3,000,000.00.
(d) The tentative completion date is September 30, 2023.
Sec. 6-303. Effective October 1, 2018, surplus funds not to exceed $1,000,000.00
in the cleanup and redevelopment trust fund are appropriated to the environmental
protection fund created in section 503a of the natural resources and environmental
protection act, 1994 PA 451, MCL 324.503a.
Sec. 6-304. Effective October 1, 2018, surplus funds not to exceed $1,000,000.00
in the community pollution prevention fund created in section 3f of 1976 IL 1, MCL
445.573f, are appropriated to the environmental protection fund created in section
503a of the natural resources and environmental protection act, 1994 PA 451, MCL
324.503a.
Sec. 6-306. (1) Subject to section 314 of this part, the funds appropriated in
part 1 for the refined petroleum cleanup program shall be used to fund corrective
actions performed by the department pursuant to section 21320 of the natural resources
and environmental protection act, 1994 PA 451, MCL 324.21320.
(2) By January 1, the department shall provide a report to the house and senate
subcommittees on environmental quality and the state budget director on the refined
petroleum product cleanup program containing the following information:
(a) A list of sites the department intends to work on during the current fiscal
year, including the fiscal year the project began.
(b) A list of sites at which the department performed corrective actions during
the previous fiscal year.
(c) A list of sites the department closed during the previous fiscal year.
Sec. 6-307. The unexpended funds appropriated in part 1 for the environmental
cleanup and redevelopment program are designated as a work project appropriation, and
any unencumbered or unallotted funds shall not lapse at the end of the fiscal year and
shall be available for expenditures for projects under this section until the projects
have been completed. The following is in compliance with section 451a of the
management and budget act, 1984 PA 431, MCL 18.1451a:
(a) The purpose of the project is to provide contaminated site cleanup.
(b) The project will be accomplished by utilizing state employees or contracts
with service providers, or both.
(c) The total estimated cost of the project is $15,000,000.00.
(d) The tentative completion date is September 30, 2023.
Sec. 6-308. The unexpended funds appropriated in part 1 for the refined petroleum
product cleanup program are designated as a work project appropriation, and any
unencumbered or unallotted funds shall not lapse at the end of the fiscal year and
shall be available for expenditures for projects under this section until the projects
have been completed. The following is in compliance with section 451a of the
management and budget act, 1984 PA 431, MCL 18.1451a:
(a) The purpose of the project is to provide contaminated site cleanup.
(b) The project will be accomplished by utilizing state employees or contracts
with service providers, or both.
(c) The total estimated cost of the project is $34,680,000.00.
(d) The tentative completion date is September 30, 2023.
Sec. 6-310. (1) Upon approval by the state budget director, the department may
expend from the general fund of the state an amount to meet the cash-flow requirements
of projects funded under any of the following that are financed from bond proceeds and
for which bonds have been authorized but not yet issued:
(a) Part 52 of the natural resources and environmental protection act, 1994 PA
451, MCL 324.5201 to 324.5206.
(b) Part 193 of the natural resources and environmental protection act, 1994 PA
451, MCL 324.19301 to 324.19306.
(c) Part 196 of the natural resources and environmental protection act, 1994 PA
451, MCL 324.19601 to 324.19616.
(2) Upon the sale of bonds for projects described in subsection (1), the
department shall credit the general fund of the state an amount equal to that expended
from the general fund.
Sec. 6-313. From the funds appropriated in part 1 for the vapor intrusion
program, the department shall investigate sites to determine whether chemical vapors
have migrated from the original location of exposure. The purpose of this program is
to evaluate, investigate, and mitigate sites statewide where vapor intrusion issues
are or may be present.
WATER RESOURCES DIVISION
Sec. 6-405. If a certified health department does not exist in a city, county, or
district or does not fulfill its responsibilities under part 117 of the natural
resources and environmental protection act, 1994 PA 451, MCL 324.11701 to 324.11720,
then the department may spend funds appropriated in part 1 under the septage waste
compliance program in accordance with section 11716 of the natural resources and
environmental protection act, 1994 PA 451, MCL 324.11716.
Sec. 6-410. From the funds appropriated in part 1, the department shall compile a
report on the status of the implementation plan for the western Lake Erie basin
collaborative agreement. In an effort to learn more about the presence and timing of
harmful algal blooms, the report shall contain all of the following:
(a) An estimated cost of removal of total phosphorus per pound at the 4 major
wastewater treatment plants.
(b) A description of the grants that have been awarded.
(c) A description of the work that has commenced on the issue of dissolved
reactive phosphorus, the expected objectives and outcomes of that work, and a list of
the parties involved in that effort.
(d) A description of the efforts and outcomes aimed at the total phosphorus
reduction for the River Raisin watershed.
Sec. 6-412. The unexpended funds appropriated in part 1 for the aquifer
protection program are designated as a work project appropriation, and any
unencumbered or unallotted funds shall not lapse at the end of the fiscal year and
shall be available for expenditures for projects under this section until the projects
have been completed. The following is in compliance with section 451a of the
management and budget act, 1984 PA 431, MCL 18.1451a:
(a) The purpose of the project is to provide support for aquifer disputes and
their resolution.
(b) The project will be accomplished by utilizing state employees or contracts
with service providers, or both.
(c) The total estimated cost of the project is $524,000.00.
(d) The tentative completion date is September 30, 2023.
RESOURCE MANAGEMENT DIVISION
Sec. 6-604. From the funds appropriated in part 1, the department will host
training sessions to public water supply owners and operators to provide technical
assistance on the lead and copper rule (LCR) of the safe drinking water act and
contact 100% of public water supplies that are subject to the lead and copper rule
with information on current LCR requirements including any modifications to Michigan's
LCR and associated guidance and policies. The purpose of the program is to ensure that
water is in accordance with the safe drinking water act.
UNDERGROUND STORAGE TANK AUTHORITY
Sec. 6-701. The unexpended funds appropriated in part 1 for the underground
storage tank cleanup program are designated as a work project appropriation, and any
unencumbered or unallotted funds shall not lapse at the end of the fiscal year and
shall be available for expenditures for projects under this section until the projects
have been completed. The following is in compliance with section 451a of the
management and budget act, 1984 PA 431, MCL 18.1451a:
(a) The purpose of the project is to provide contaminated site cleanup.
(b) The project will be accomplished by utilizing state employees or contracts
with service providers, or both.
(c) The total estimated cost of the project is $20,000,000.00.
(d) The tentative completion date is September 30, 2023.
Article 7
EXECUTIVE OFFICE
PART 1
LINE-ITEM APPROPRIATIONS AND ANTICIPATED APPROPRIATIONS
Sec. 7-101. Subject to the conditions set forth in this article, the amounts
listed in this part for the executive office are appropriated for the fiscal year
ending September 30, 2019, and are anticipated to be appropriated for the fiscal year
ending September 30, 2020, from the funds indicated in this part. The following is a
summary of the appropriations and anticipated appropriations in this part:
EXECUTIVE OFFICE
APPROPRIATION SUMMARY
Full-time equated unclassified positions................ 10.0 10.0
Full-time equated classified positions.................. 79.2 79.2
GROSS APPROPRIATION...................................... $ 6,980,100 $ 6,980,100
Total interdepartmental grants and interdepartmental
transfers............................................... 0 0
ADJUSTED GROSS APPROPRIATION............................. $ 6,980,100 $ 6,980,100
Total federal revenues................................... 0 0
Total local revenues..................................... 0 0
Total private revenues................................... 0 0
Total other state restricted revenues.................... 0 0
State general fund/general purpose....................... $ 6,980,100 $ 6,980,100
State general fund/general purpose schedule:
Ongoing state general fund/general purpose............ 6,980,100 6,980,100
One-time state general fund/general purpose........... 0 0
Sec. 7-102. DEPARTMENTAL ADMINISTRATION AND SUPPORT
Full-time equated unclassified positions................ 10.0 10.0
Full-time equated classified positions.................. 79.2 79.2
Governor-1.0 FTE position................................ $ 159,300 $ 159,300
Lieutenant governor-1.0 FTE position..................... 111,600 111,600
Unclassified salaries-8.0 FTE positions.................. 1,333,500 1,333,500
Executive office-79.2 FTE positions...................... 5,375,700 5,375,700
GROSS APPROPRIATION...................................... $ 6,980,100 $ 6,980,100
Appropriated from:
Special revenue funds:
State general fund/general purpose....................... $ 6,980,100 $ 6,980,100
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
FISCAL YEAR 2019
GENERAL SECTIONS
Sec. 7-201. Pursuant to section 30 of article IX of the state constitution of
1963, total state spending from state resources under part 1 for the fiscal year 2019
is $6,980,100.00 and state spending from state resources to be paid to local units of
government for fiscal year 2019 is $0.00.
Article 8
DEPARTMENT OF HEALTH AND HUMAN SERVICES
PART 1
LINE-ITEM APPROPRIATIONS AND ANTICIPATED APPROPRIATIONS
Sec. 8-101. Subject to the conditions set forth in this article, the amounts
listed in this part for the department of health and human services are appropriated
for the fiscal year ending September 30, 2019, and are anticipated to be appropriated
for the fiscal year ending September 30, 2020, from the funds indicated in this part.
The following is a summary of the appropriations and anticipated appropriations in
this part:
DEPARTMENT OF HEALTH AND HUMAN SERVICES
APPROPRIATION SUMMARY
Full-time equated unclassified positions................ 6.0 6.0
Full-time equated classified positions.................. 15,612.7 15,612.7
GROSS APPROPRIATION...................................... $ 25,240,354,300 $ 25,231,327,100
Total interdepartmental grants and interdepartmental
transfers............................................... 13,813,700 13,813,700
ADJUSTED GROSS APPROPRIATION............................. $ 25,226,540,600 $ 25,217,513,400
Total federal revenues................................... 17,955,593,700 17,839,093,700
Total local revenues..................................... 123,112,900 123,112,900
Total private revenues................................... 148,409,900 148,409,900
Total other state restricted revenues.................... 2,456,898,500 2,456,898,400
State general fund/general purpose....................... $ 4,542,525,600 $ 4,649,998,500
State general fund/general purpose schedule:
Ongoing state general fund/general purpose............ 4,533,498,500 4,649,998,500
One-time state general fund/general purpose........... 9,027,100 0
Sec. 8-102. DEPARTMENTAL ADMINISTRATION AND SUPPORT
Full-time equated unclassified positions................ 6.0 6.0
Full-time equated classified positions.................. 797.6 797.6
Unclassified salaries-6.0 FTE positions.................. $ 1,176,100 $ 1,176,100
Administrative hearings officers......................... 11,340,000 11,340,000
Demonstration projects-7.0 FTE positions................. 7,358,400 7,358,400
Departmental administration and management-603.6 FTE
positions............................................... 115,659,000 115,659,000
Developmental disabilities council and projects-10.0
FTE positions........................................... 3,090,000 3,090,000
Office of inspector general-177.0 FTE positions.......... 22,204,500 22,204,500
Property management...................................... 65,966,100 65,966,100
Terminal leave payments.................................. 7,250,000 7,250,000
Worker's compensation.................................... 7,523,100 7,523,100
GROSS APPROPRIATION...................................... $ 241,567,200 $ 241,567,200
Appropriated from:
Interdepartmental grant revenues:
IDG from department of education......................... 1,943,300 1,943,300
Federal revenues:
Other federal revenues................................... 134,035,800 134,035,800
Special revenue funds:
Local revenues........................................... 86,000 86,000
Private revenues......................................... 3,843,200 3,843,200
Other state restricted revenues.......................... 851,400 851,400
State general fund/general purpose....................... $ 100,807,500 $ 100,807,500
Sec. 8-103. CHILD SUPPORT ENFORCEMENT
Full-time equated classified positions.................. 185.7 185.7
Child support enforcement operations-179.7 FTE
positions............................................... $ 22,940,500 $ 22,940,500
Child support incentive payments......................... 24,409,600 24,409,600
Legal support contracts.................................. 113,607,100 113,607,100
State disbursement unit-6.0 FTE positions................ 8,127,500 8,127,500
GROSS APPROPRIATION...................................... $ 169,084,700 $ 169,084,700
Appropriated from:
Federal revenues:
Other federal revenues................................... 144,809,600 144,809,600
Special revenue funds:
State general fund/general purpose....................... $ 24,275,100 $ 24,275,100
Sec. 8-104. COMMUNITY SERVICES AND OUTREACH
Full-time equated classified positions.................. 75.6 75.6
Bureau of community services and outreach-20.0 FTE
positions............................................... $ 2,571,400 $ 2,571,400
Child advocacy centers-0.5 FTE position.................. 1,407,000 1,407,000
Community services and outreach administration-11.0
FTE positions........................................... 1,492,000 1,492,000
Community services block grant........................... 25,840,000 25,840,000
Crime victim grants administration services-13.0 FTE
positions............................................... 2,206,500 2,206,500
Crime victim justice assistance grants................... 59,279,300 59,279,300
Crime victim rights services grants...................... 16,870,000 16,870,000
Domestic violence prevention and treatment-15.6 FTE
positions............................................... 16,010,100 16,010,100
Homeless programs........................................ 33,673,700 33,673,700
Michigan community service commission-15.0 FTE
positions............................................... 11,650,300 11,650,300
Rape prevention and services-0.5 FTE position............ 5,097,300 5,097,300
School success partnership program....................... 525,000 525,000
Uniform statewide sexual assault evidence kit tracking
system.................................................. 800,000 800,000
Weatherization assistance................................ 16,340,000 16,340,000
GROSS APPROPRIATION...................................... $ 193,762,600 $ 193,762,600
Appropriated from:
Federal revenues:
Other federal revenues................................... 156,936,500 156,936,500
Special revenue funds:
Private revenues......................................... 44,100 44,100
Other state restricted revenues.......................... 21,604,100 21,604,100
State general fund/general purpose....................... $ 15,177,900 $ 15,177,900
Sec. 8-105. CHILDREN'S SERVICES AGENCY - CHILD WELFARE
Full-time equated classified positions.................. 3,841.2 3,841.2
Adoption subsidies....................................... $ 204,711,800 $ 204,711,800
Adoption support services-10.0 FTE positions............. 27,417,000 27,417,000
Attorney general contract................................ 4,455,800 4,455,800
Child abuse and neglect - children's justice act-1.0
FTE position............................................ 624,700 624,700
Child care fund.......................................... 194,562,300 194,562,300
Child protection......................................... 800,300 800,300
Child welfare administration travel...................... 375,000 375,000
Child welfare field staff - caseload compliance-
2,461.0 FTE positions................................... 234,317,000 234,317,000
Child welfare field staff - noncaseload compliance-
330.0 FTE positions..................................... 35,199,800 35,199,800
Child welfare first line supervisors-578.0 FTE
positions............................................... 74,179,200 74,179,200
Child welfare institute-45.0 FTE positions............... 8,328,600 8,328,600
Child welfare licensing-59.0 FTE positions............... 7,025,400 7,025,400
Child welfare medical/psychiatric evaluations............ 10,435,500 10,435,500
Children's services administration-169.2 FTE positions... 20,085,900 20,085,900
Children's trust fund-12.0 FTE positions................. 4,145,200 4,145,200
Contractual services, supplies, and materials............ 9,300,000 9,300,000
Education planners-15.0 FTE positions.................... 1,558,600 1,558,600
Family preservation and prevention services
administration-9.0 FTE positions........................ 1,322,100 1,322,100
Family preservation programs-13.0 FTE positions.......... 38,900,900 38,900,900
Family support subsidy................................... 15,236,100 15,236,100
Foster care payments..................................... 235,343,400 235,343,400
Guardianship assistance program.......................... 12,675,500 12,675,500
Peer coaches-45.5 FTE positions.......................... 5,838,600 5,838,600
Performance based funding implementation-3.0 FTE
positions............................................... 1,450,200 1,450,200
Permanency resource managers-28.0 FTE positions.......... 3,254,600 3,254,600
Prosecuting attorney contracts........................... 3,879,500 3,879,500
Second line supervisors and technical staff-54.0 FTE
positions............................................... 9,078,000 9,078,000
Settlement monitor....................................... 1,885,800 1,885,800
Strong families/safe children............................ 12,350,100 12,350,100
Title IV-E compliance and accountability office-4.0
FTE positions........................................... 432,200 432,200
Youth in transition-4.5 FTE positions.................... 15,037,300 15,037,300
GROSS APPROPRIATION...................................... $ 1,194,206,400 $ 1,194,206,400
Appropriated from:
Interdepartmental grant revenues:
IDG from department of education......................... 90,300 90,300
Federal revenues:
Other federal revenues................................... 717,576,300 717,576,300
Special revenue funds:
Local revenues........................................... 18,728,400 18,728,400
Private revenues......................................... 1,770,700 1,770,700
Other state restricted revenues.......................... 2,895,300 2,895,300
State general fund/general purpose....................... $ 453,145,400 $ 453,145,400
Sec. 8-106. CHILDREN'S SERVICES AGENCY - JUVENILE JUSTICE
Full-time equated classified positions.................. 123.5 123.5
Bay pines center-47.0 FTE positions...................... $ 5,623,600 $ 5,623,600
Committee on juvenile justice administration-2.5 FTE
positions............................................... 354,500 354,500
Committee on juvenile justice grants..................... 3,000,000 3,000,000
Community support services-3.0 FTE positions............. 2,122,700 2,122,700
County juvenile officers................................. 3,904,300 3,904,300
Juvenile justice, administration and maintenance-24.0
FTE positions........................................... 4,314,500 4,314,500
Shawono center-47.0 FTE positions........................ 5,651,700 5,651,700
W.J. Maxey training school............................... 250,000 250,000
GROSS APPROPRIATION...................................... $ 25,221,300 $ 25,221,300
Appropriated from:
Federal revenues:
Other federal revenues................................... 8,448,500 8,448,500
Special revenue funds:
Local revenues........................................... 6,473,100 6,473,100
State general fund/general purpose....................... $ 10,299,700 $ 10,299,700
Sec. 8-107. PUBLIC ASSISTANCE
Full-time equated classified positions.................. 8.0 8.0
Emergency services local office allocations.............. $ 9,357,500 $ 9,357,500
Family independence program.............................. 81,167,500 81,167,500
Food assistance program benefits......................... 1,931,717,000 1,931,717,000
Food Bank Council of Michigan............................ 2,045,000 2,045,000
Indigent burial.......................................... 4,375,000 4,375,000
Low-income home energy assistance program................ 174,951,600 174,951,600
Michigan energy assistance program-1.0 FTE position...... 50,000,000 50,000,000
Multicultural integration funding........................ 15,303,800 15,303,800
Refugee assistance program-7.0 FTE positions............. 28,011,500 28,011,500
State disability assistance payments..................... 8,739,900 8,739,900
State supplementation.................................... 60,353,200 60,353,200
State supplementation administration..................... 1,904,900 1,904,900
GROSS APPROPRIATION...................................... $ 2,367,926,900 $ 2,367,926,900
Appropriated from:
Federal revenues:
Other federal revenues................................... 2,196,608,000 2,196,608,000
Special revenue funds:
Other state restricted revenues.......................... 70,224,600 70,224,600
State general fund/general purpose....................... $ 101,094,300 $ 101,094,300
Sec. 8-108. FIELD OPERATIONS AND SUPPORT SERVICES
Full-time equated classified positions.................. 6,337.5 6,337.5
Administrative support workers-221.0 FTE positions....... $ 13,110,500 $ 13,110,500
Adult services field staff-520.0 FTE positions........... 57,183,700 57,183,700
Contractual services, supplies, and materials............ 16,521,400 16,521,400
Donated funds positions-238.0 FTE positions.............. 27,273,300 27,273,300
Elder law of Michigan MiCAFE contract.................... 350,000 350,000
Electronic benefit transfer (EBT)........................ 8,509,000 8,509,000
Employment and training support services................. 4,219,100 4,219,100
Field policy and administration-63.0 FTE positions....... 10,900,900 10,900,900
Field staff travel....................................... 8,103,900 8,103,900
Independent living....................................... 12,031,600 12,031,600
Medical/psychiatric evaluations.......................... 1,420,100 1,420,100
Michigan rehabilitation services-526.0 FTE positions..... 129,881,000 129,881,000
Nutrition education-2.0 FTE positions.................... 33,047,400 33,047,400
Public assistance field staff-4,747.5 FTE positions...... 491,734,700 491,734,700
Training and program support-20.0 FTE positions.......... 2,472,200 2,472,200
Volunteer services and reimbursement..................... 942,400 942,400
GROSS APPROPRIATION...................................... $ 817,701,200 $ 817,701,200
Appropriated from:
Interdepartmental grant revenues:
IDG from department of corrections....................... 119,700 119,700
IDG from department of education......................... 7,851,700 7,851,700
IDG from department of licensing and regulatory
affairs................................................. 38,300 38,300
Federal revenues:
Other federal revenues................................... 498,214,000 498,214,000
Special revenue funds:
Local revenues........................................... 9,371,400 9,371,400
Private revenues......................................... 9,817,200 9,817,200
Other state restricted revenues.......................... 150,000 150,000
State general fund/general purpose....................... $ 292,138,900 $ 292,138,900
Sec. 8-109. DISABILITY DETERMINATION SERVICES
Full-time equated classified positions.................. 587.4 587.4
Disability determination operations-583.3 FTE
positions............................................... $ 113,054,600 $ 113,054,600
Retirement disability determination-4.1 FTE positions.... 616,500 616,500
GROSS APPROPRIATION...................................... $ 113,671,100 $ 113,671,100
Appropriated from:
Interdepartmental grant revenues:
IDG from department of technology, management and
budget.................................................. 793,600 793,600
Federal revenues:
Other federal revenues................................... 108,563,700 108,563,700
Special revenue funds:
State general fund/general purpose....................... $ 4,313,800 $ 4,313,800
Sec. 8-110. BEHAVIORAL HEALTH PROGRAM ADMINISTRATION AND SPECIAL PROJECTS
Full-time equated classified positions.................. 102.0 102.0
Behavioral health program administration-80.0 FTE
positions............................................... $ 51,533,400 $ 51,533,400
Federal and other special projects....................... 2,535,600 2,535,600
Gambling addiction-1.0 FTE position...................... 3,009,200 3,009,200
Office of recipient rights-21.0 FTE positions............ 2,763,000 2,763,000
Protection and advocacy services support................. 194,400 194,400
GROSS APPROPRIATION...................................... $ 60,035,600 $ 60,035,600
Appropriated from:
Federal revenues:
Other federal revenues................................... 33,093,300 33,093,300
Special revenue funds:
Private revenues......................................... 1,004,700 1,004,700
Other state restricted revenues.......................... 3,009,200 3,009,200
State general fund/general purpose....................... $ 22,928,400 $ 22,928,400
Sec. 8-111. BEHAVIORAL HEALTH SERVICES
Full-time equated classified positions.................. 9.5 9.5
Autism services.......................................... $ 199,841,400 $ 199,841,400
Children with serious emotional disturbance waiver....... 10,000,000 10,000,000
Children's waiver home care program...................... 20,241,100 20,241,100
Civil service charges.................................... 399,300 399,300
Community mental health non-Medicaid services............ 120,050,400 120,050,400
Community substance use disorder prevention,
education, and treatment................................ 76,456,200 76,456,200
Federal mental health block grant-2.5 FTE positions...... 17,465,400 17,465,400
Health homes............................................. 3,369,000 3,369,000
Healthy Michigan plan - behavioral health................ 292,962,900 292,962,900
Medicaid mental health services.......................... 2,364,039,500 2,364,039,500
Medicaid substance use disorder services................. 68,441,000 68,441,000
Nursing home PAS/ARR-OBRA-7.0 FTE positions.............. 12,282,200 12,282,200
State disability assistance program substance use
disorder services....................................... 2,018,800 2,018,800
GROSS APPROPRIATION...................................... $ 3,187,567,200 $ 3,187,567,200
Appropriated from:
Federal revenues:
Other federal revenues................................... 2,092,761,500 2,085,461,500
Special revenue funds:
Local revenues........................................... 25,475,800 25,475,800
Other state restricted revenues.......................... 24,212,100 24,212,100
State general fund/general purpose....................... $ 1,045,117,800 $ 1,052,417,800
Sec. 8-112. STATE PSYCHIATRIC HOSPITALS AND FORENSIC MENTAL HEALTH SERVICES
Full-time equated classified positions.................. 2,290.6 2,290.6
Caro Regional Mental Health Center – psychiatric
hospital - adult-474.3 FTE positions.................... $ 53,491,300 $ 53,491,300
Center for forensic psychiatry-601.1 FTE positions....... 94,729,400 94,729,400
Gifts and bequests for patient living and treatment
environment............................................. 1,000,000 1,000,000
Hawthorn Center - psychiatric hospital - children and
adolescents-276.0 FTE positions......................... 32,179,800 32,179,800
IDEA, federal special education.......................... 120,000 120,000
Kalamazoo Psychiatric Hospital - adult-533.8 FTE
positions............................................... 69,457,400 69,457,400
Purchase of medical services for residents of
hospitals and centers................................... 445,600 445,600
Revenue recapture........................................ 750,000 750,000
Special maintenance...................................... 924,600 924,600
Walter P. Reuther Psychiatric Hospital - adult-405.4
FTE positions........................................... 57,673,400 57,673,400
GROSS APPROPRIATION...................................... $ 310,771,500 $ 310,771,500
Appropriated from:
Federal revenues:
Other federal revenues................................... 40,231,600 40,231,600
Special revenue funds:
Local revenues........................................... 23,029,900 23,029,900
Private revenues......................................... 1,000,000 1,000,000
Other state restricted revenues.......................... 14,937,000 14,937,000
State general fund/general purpose....................... $ 231,573,000 $ 231,573,000
Sec. 8-113. HEALTH POLICY
Full-time equated classified positions.................. 50.9 50.9
Certificate of need program administration-11.8 FTE
positions............................................... $ 2,741,600 $ 2,741,600
Health policy administration-33.9 FTE positions.......... 14,391,500 14,391,500
Human trafficking intervention services.................. 200,000 200,000
Michigan essential health provider....................... 3,591,300 3,591,300
Minority health grants and contracts..................... 612,700 612,700
Nurse education and research program-3.0 FTE positions... 791,300 791,300
Primary care services-1.2 FTE positions.................. 5,748,700 5,748,700
Rural health services-1.0 FTE position................... 1,555,500 1,555,500
GROSS APPROPRIATION...................................... $ 29,632,600 $ 29,632,600
Appropriated from:
Interdepartmental grant revenues:
IDG from department of education......................... 2,400 2,400
IDG from department of licensing and regulatory
affairs................................................. 791,300 791,300
IDG from department of treasury.......................... 117,700 117,700
Federal revenues:
Other federal revenues................................... 17,366,900 17,366,900
Special revenue funds:
Private revenues......................................... 865,000 865,000
Other state restricted revenues.......................... 2,737,500 2,737,500
State general fund/general purpose....................... $ 7,751,800 $ 7,751,800
Sec. 8-114. LABORATORY SERVICES
Full-time equated classified positions.................. 100.0 100.0
Laboratory services-100.0 FTE positions.................. $ 22,580,200 $ 22,580,200
GROSS APPROPRIATION...................................... $ 22,580,200 $ 22,580,200
Appropriated from:
Interdepartmental grant revenues:
IDG from department of environmental quality............. 998,400 998,400
Federal revenues:
Other federal revenues................................... 3,838,600 3,838,600
Special revenue funds:
Other state restricted revenues.......................... 10,799,700 10,799,700
State general fund/general purpose....................... $ 6,943,500 $ 6,943,500
Sec. 8-115. DISEASE CONTROL, PREVENTION, AND EPIDEMIOLOGY
Full-time equated classified positions.................. 137.9 137.9
Childhood lead program-4.5 FTE positions................. $ 2,055,300 $ 2,055,300
Epidemiology administration-75.1 FTE positions........... 21,179,800 21,179,800
Healthy homes program-12.0 FTE positions................. 27,754,200 27,754,200
Immunization program-12.8 FTE positions.................. 16,838,100 16,838,100
Newborn screening follow-up and treatment services-
10.5 FTE positions...................................... 7,535,600 7,535,600
PFAS and environmental contamination response-23.0 FTE
positions............................................... 8,025,300 8,025,300
GROSS APPROPRIATION...................................... $ 83,388,300 $ 83,388,300
Appropriated from:
Federal revenues:
Other federal revenues................................... 53,784,300 53,784,300
Special revenue funds:
Private revenues......................................... 342,700 342,700
Other state restricted revenues.......................... 9,721,500 9,721,500
State general fund/general purpose....................... $ 19,539,800 $ 19,539,800
Sec. 8-116. LOCAL HEALTH AND ADMINISTRATIVE SERVICES
Full-time equated classified positions.................. 230.2 230.2
AIDS prevention, testing, and care programs-37.7 FTE
positions............................................... $ 70,682,000 $ 70,682,000
Cancer prevention and control program-15.0 FTE
positions............................................... 15,101,500 15,101,500
Chronic disease control and health promotion
administration-23.4 FTE positions....................... 8,506,800 8,506,800
Dental programs-3.8 FTE positions........................ 2,209,100 2,209,100
Diabetes and kidney program-8.0 FTE positions............ 3,062,400 3,062,400
Essential local public health services................... 40,886,100 40,886,100
Health and wellness initiatives-11.7 FTE positions....... 9,047,600 9,047,600
Implementation of 1993 PA 133, MCL 333.17015............. 20,000 20,000
Local health services-3.3 FTE positions.................. 6,707,500 6,707,500
Medicaid outreach cost reimbursement to local health
departments............................................. 12,500,000 12,500,000
Public health administration-9.0 FTE positions........... 1,968,800 1,968,800
Sexually transmitted disease control program-20.0 FTE
positions............................................... 6,333,400 6,333,400
Smoking prevention program-12.0 FTE positions............ 2,168,600 2,168,600
Violence prevention-4.9 FTE positions.................... 3,310,400 3,310,400
Vital records and health statistics-81.4 FTE positions... 10,167,700 10,167,700
GROSS APPROPRIATION...................................... $ 192,671,900 $ 192,671,900
Appropriated from:
Federal revenues:
Other federal revenues................................... 80,289,800 80,289,800
Special revenue funds:
Local revenues........................................... 5,150,000 5,150,000
Private revenues......................................... 39,282,400 39,282,400
Other state restricted revenues.......................... 18,478,000 18,478,000
State general fund/general purpose....................... $ 49,471,700 $ 49,471,700
Sec. 8-117. FAMILY, MATERNAL, AND CHILD HEALTH
Full-time equated classified positions.................. 112.3 112.3
Family planning local agreements......................... $ 8,310,700 $ 8,310,700
Family, maternal, and child health administration-53.3
FTE positions........................................... 9,221,700 9,221,700
Local MCH services....................................... 7,018,100 7,018,100
Pregnancy prevention program............................. 602,100 602,100
Prenatal care outreach and service delivery support-
14.0 FTE positions...................................... 19,047,000 19,047,000
Special projects......................................... 6,289,100 6,289,100
Sudden and unexpected infant death and suffocation
prevention program...................................... 321,300 321,300
Women, infants, and children program administration
and special projects-45.0 FTE positions................. 18,125,400 18,125,400
Women, infants, and children program local agreements
and food costs.......................................... 256,285,000 256,285,000
GROSS APPROPRIATION...................................... $ 325,220,400 $ 325,220,400
Appropriated from:
Federal revenues:
Other federal revenues................................... 253,120,500 253,120,500
Special revenue funds:
Local revenues........................................... 75,000 75,000
Private revenues......................................... 61,702,400 61,702,400
State general fund/general purpose....................... $ 10,322,500 $ 10,322,500
Sec. 8-118. EMERGENCY MEDICAL SERVICES, TRAUMA, AND PREPAREDNESS
Full-time equated classified positions.................. 76.0 76.0
Bioterrorism preparedness-53.0 FTE positions............. $ 30,491,300 $ 30,491,300
Emergency medical services program-23.0 FTE positions.... 6,609,500 6,609,500
GROSS APPROPRIATION...................................... $ 37,100,800 $ 37,100,800
Appropriated from:
Federal revenues:
Other federal revenues................................... 31,435,300 31,435,300
Special revenue funds:
Other state restricted revenues.......................... 4,055,200 4,055,200
State general fund/general purpose....................... $ 1,610,300 $ 1,610,300
Sec. 8-119. CHILDREN'S SPECIAL HEALTH CARE SERVICES
Full-time equated classified positions.................. 46.8 46.8
Bequests for care and services-2.8 FTE positions......... $ 1,837,800 $ 1,837,800
Children's special health care services
administration-44.0 FTE positions....................... 6,101,400 6,101,400
Medical care and treatment............................... 220,640,800 220,640,800
Nonemergency medical transportation...................... 905,900 905,900
Outreach and advocacy.................................... 5,510,000 5,510,000
GROSS APPROPRIATION...................................... $ 234,995,900 $ 234,995,900
Appropriated from:
Federal revenues:
Other federal revenues................................... 126,143,700 126,143,700
Special revenue funds:
Private revenues......................................... 1,016,200 1,016,200
Other state restricted revenues.......................... 3,682,900 3,682,900
State general fund/general purpose....................... $ 104,153,100 $ 104,153,100
Sec. 8-120. AGING AND ADULT SERVICES AGENCY
Full-time equated classified positions.................. 47.0 47.0
Aging and adult services administration-47.0 FTE
positions............................................... $ 8,828,300 $ 8,828,300
Community services....................................... 43,567,300 43,567,300
Employment assistance.................................... 3,500,000 3,500,000
Nutrition services....................................... 42,254,200 42,254,200
Respite care program..................................... 6,468,700 6,468,700
Senior volunteer service programs........................ 4,465,300 4,465,300
GROSS APPROPRIATION...................................... $ 109,083,800 $ 109,083,800
Appropriated from:
Federal revenues:
Other federal revenues................................... 59,465,700 59,465,700
Special revenue funds:
Private revenues......................................... 520,000 520,000
Michigan merit award trust fund.......................... 4,068,700 4,068,700
Other state restricted revenues.......................... 2,000,000 2,000,000
State general fund/general purpose....................... $ 43,029,400 $ 43,029,400
Sec. 8-121. MEDICAL SERVICES ADMINISTRATION
Full-time equated classified positions.................. 453.0 453.0
Electronic health record incentive program-23.0 FTE
positions............................................... $ 96,087,400 $ 96,087,400
Healthy Michigan plan administration-30.0 FTE
positions............................................... 47,578,400 47,578,400
Medical services administration-357.0 FTE positions...... 82,987,900 82,987,900
Technology supporting integrated service-43.0 FTE
positions............................................... 54,056,700 54,056,700
GROSS APPROPRIATION...................................... $ 280,710,400 $ 280,710,400
Appropriated from:
Federal revenues:
Other federal revenues................................... 235,549,900 235,549,900
Special revenue funds:
Local revenues........................................... 37,700 37,700
Private revenues......................................... 101,300 101,300
Other state restricted revenues.......................... 336,300 336,300
State general fund/general purpose....................... $ 44,685,200 $ 44,685,200
Sec. 8-122. MEDICAL SERVICES
Adult home help services................................. $ 319,923,900 $ 319,923,900
Ambulance services....................................... 20,922,500 20,922,500
Auxiliary medical services............................... 6,139,600 6,139,600
Dental clinic program.................................... 1,000,000 1,000,000
Dental services.......................................... 307,869,400 307,869,400
Federal Medicare pharmaceutical program.................. 286,072,800 286,072,800
Health plan services..................................... 5,086,699,400 5,086,699,400
Healthy Michigan plan.................................... 3,827,175,000 3,827,175,000
Home health services..................................... 5,498,000 5,498,000
Hospice services......................................... 106,889,800 106,889,800
Hospital disproportionate share payments................. 45,000,000 45,000,000
Hospital services and therapy............................ 751,013,200 751,013,200
Integrated care organizations............................ 201,080,800 201,080,800
Long-term care services.................................. 1,813,423,300 1,813,423,300
Maternal and child health................................ 26,279,500 26,279,500
Medicaid home- and community-based services waiver....... 355,062,600 355,062,600
Medicare premium payments................................ 601,305,100 601,305,100
Personal care services................................... 8,522,700 8,522,700
Pharmaceutical services.................................. 325,659,300 325,659,300
Physician services....................................... 272,246,200 272,246,200
Program of all-inclusive care for the elderly............ 149,774,600 149,774,600
School-based services.................................... 109,937,200 109,937,200
Special Medicaid reimbursement........................... 309,532,500 309,532,500
Transportation........................................... 19,683,700 19,683,700
GROSS APPROPRIATION...................................... $ 14,956,711,100 $ 14,956,711,100
Appropriated from:
Federal revenues:
Other federal revenues................................... 10,787,066,900 10,677,866,900
Special revenue funds:
Local revenues........................................... 34,685,600 34,685,600
Private revenues......................................... 2,100,000 2,100,000
Michigan merit award trust fund.......................... 48,200,000 48,200,000
Other state restricted revenues.......................... 2,212,935,100 2,212,935,100
State general fund/general purpose....................... $ 1,871,723,500 $ 1,980,923,500
Sec. 8-123. INFORMATION TECHNOLOGY
Child support automation................................. $ 44,425,600 $ 44,425,600
Information technology services and projects............. 157,656,000 157,656,000
Michigan Medicaid information system..................... 75,634,400 75,634,400
GROSS APPROPRIATION...................................... $ 277,716,000 $ 277,716,000
Appropriated from:
Interdepartmental grant revenues:
IDG from department of education......................... 1,067,000 1,067,000
Federal revenues:
Other federal revenues................................... 176,253,300 176,253,300
Special revenue funds:
Private revenues......................................... 25,000,000 25,000,000
Other state restricted revenues.......................... 1,999,800 1,999,800
State general fund/general purpose....................... $ 73,395,900 $ 73,395,900
Sec. 8-124. ONE-TIME APPROPRIATIONS
Autism navigator......................................... $ 1,025,000 $ 0
Child lead poisoning elimination board................... 1,250,000 0
Drinking water declaration of emergency.................. 4,621,100 0
Employment first......................................... 500,000 0
Multicultural integration funding........................ 1,381,100 0
University autism programs............................... 250,000 0
GROSS APPROPRIATION...................................... $ 9,027,200 $ 0
Appropriated from:
Special revenue funds:
Other state restricted revenues.......................... 100 0
State general fund/general purpose....................... $ 9,027,100 $ 0
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
FISCAL YEAR 2019
GENERAL SECTIONS
Sec. 8-201. Pursuant to section 30 of article IX of the state constitution of
1963, total state spending from state resources under part 1 for the fiscal year 2019
is $6,999,424,100.00 and state spending from state resources to be paid to local units
of government for fiscal year 2019 is $1,466,684,500.00. The itemized statement below
identifies appropriations from which spending to local units of government will occur:
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Crime victim rights services grants..................................... $ 7,474,800
Homeless programs....................................................... 550,700
Child care fund......................................................... 158,787,200
Family independence program............................................. 4,200
Multicultural integration funding....................................... 1,193,300
State disability assistance payments.................................... 621,300
Behavioral health program administration................................ 2,388,700
Autism services......................................................... 69,433,600
Children with serious emotional disturbance waiver...................... 3,555,000
Children's waiver home care program..................................... 7,195,700
Community mental health non-Medicaid services........................... 120,050,400
Community substance use disorder prevention, education, and treatment... 16,208,500
Health homes............................................................ 119,600
Healthy Michigan plan - behavioral health............................... 19,775,100
Medicaid mental health services......................................... 803,544,200
Medicaid substance use disorder services................................ 23,988,800
Nursing home PAS/ARR-OBRA............................................... 3,070,500
State disability assistance program substance use disorder services..... 2,018,400
Caro Regional Mental Health Center - psychiatric hospital - adult....... 1,200
Center for forensic psychiatry.......................................... 1,400
Primary care services................................................... 88,900
Childhood lead program.................................................. 72,700
Epidemiology administration............................................. 291,400
Healthy homes program................................................... 10,000
Immunization program.................................................... 1,138,900
AIDS prevention, testing, and care programs............................. 2,038,400
Cancer prevention and control program................................... 121,400
Essential local public health services.................................. 35,736,100
Health and wellness initiatives......................................... 2,363,300
Local health services................................................... 4,500,000
Public health administration............................................ 19,800
Sexually transmitted disease control program............................ 438,400
Family planning local agreements........................................ 225,400
Prenatal care outreach and service delivery support..................... 3,941,500
Emergency medical services program...................................... 71,000
Medical care and treatment.............................................. 797,200
Outreach and advocacy................................................... 2,598,100
Aging and adult services administration................................. 594,100
Community services...................................................... 19,226,700
Nutrition services...................................................... 11,086,900
Respite care program.................................................... 5,224,500
Senior volunteer service programs....................................... 946,300
Medical services administration......................................... 282,000
Adult home help services................................................ 486,300
Ambulance services...................................................... 475,900
Auxiliary medical services.............................................. 1,300
Dental clinic program................................................... 1,000,000
Dental services......................................................... 1,265,400
Healthy Michigan plan................................................... 4,353,000
Home health services.................................................... 8,200
Hospice services........................................................ 38,100
Hospital services and therapy........................................... 1,313,400
Long-term care services................................................. 104,351,600
Medicaid home- and community-based services waiver...................... 10,995,100
Personal care services.................................................. 23,800
Pharmaceutical services................................................. 20,300
Physician services...................................................... 4,690,100
Special Medicaid reimbursement.......................................... 5,415,200
Transportation.......................................................... 23,200
Drinking water declaration of emergency................................. 428,000
TOTAL..................................................................... $ 1,466,684,500
Sec. 8-202. The appropriations authorized under this article are subject to the
management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594.
Sec. 8-203. As used in this article:
(a) "AIDS" means acquired immunodeficiency syndrome.
(b) "CMHSP" means a community mental health services program as that term is
defined in section 100a of the mental health code, 1974 PA 258, MCL 330.1100a.
(c) "CMS" means the Centers for Medicare and Medicaid Services.
(d) "Current fiscal year" means the fiscal year ending September 30, 2019.
(e) "Department" means the department of health and human services.
(f) "Director" means the director of the department.
(g) "DSH" means disproportionate share hospital.
(h) "EPSDT" means early and periodic screening, diagnosis, and treatment.
(i) "Federal poverty level" means the poverty guidelines published annually in
the Federal Register by the United States Department of Health and Human Services
under its authority to revise the poverty line under 42 USC 9902.
(j) "FTE" means full-time equated.
(k) "GME" means graduate medical education.
(l) "Health plan" means, at a minimum, an organization that meets the criteria
for delivering the comprehensive package of services under the department's
comprehensive health plan.
(m) "HEDIS" means healthcare effectiveness data and information set.
(n) "HMO" means health maintenance organization.
(o) "IDEA" means the individuals with disabilities education act, 20 USC 1400 to
1482.
(p) "IDG" means interdepartmental grant.
(q) "MCH" means maternal and child health.
(r) "Medicaid" means subchapter XIX of the social security act, 42 USC 1396 to
1396w-5.
(s) "Medicare" means subchapter XVIII of the social security act, 42 USC 1395 to
1395lll.
(t) "MiCAFE" means Michigan's coordinated access to food for the elderly.
(u) "MIChild" means the program described in section 1670 of this part.
(v) "MiSACWIS" means Michigan statewide automated child welfare information
system.
(w) "PAS/ARR-OBRA" means the preadmission screening and annual resident review
required under the omnibus budget reconciliation act of 1987, section 1919(e)(7) of
the social security act, 42 USC 1396r.
(x) "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.
(y) "Previous fiscal year" means the fiscal year ending September 30, 2018.
(z) "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.
(aa) "SSI" means supplemental security income.
(bb) "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.
(cc) "Title IV-B" means part B of title IV of the social security act, 42 USC 620
to 629m.
(dd) "Title IV-D" means part D of title IV of the social security act, 42 USC 651
to 669b.
(ee) "Title IV-E" means part E of title IV of the social security act, 42 USC 670
to 679c.
(ff) "Title X" means subchapter VIII of the public health service act, 42 USC 300
to 300a-8, which establishes grants to states for family planning services.
Sec. 8-204. The departments and agencies receiving appropriations in part 1 shall
use the Internet to fulfill the reporting requirements of this article. This
requirement may include transmission of reports via electronic mail to the recipients
identified for each reporting requirement, or it may include placement of reports on
an Internet or Intranet site.
Sec. 8-205. Funds appropriated in part 1 shall not be used for the purchase of
foreign goods or services, or both, if competitively priced and of comparable quality
American goods or services, or both, are available. Preference shall be given to goods
or services, or both, manufactured or provided by Michigan businesses, if they are
competitively priced and of comparable quality. In addition, preference should be
given to goods or services, or both, that are manufactured or provided by Michigan
businesses owned and operated by veterans, if they are competitively priced and of
comparable quality.
Sec. 8-206. The director shall take all reasonable steps to ensure businesses in
deprived and depressed communities compete for and perform contracts to provide
services or supplies, or both. Each director shall strongly encourage firms with which
the department contracts to subcontract with certified businesses in depressed and
deprived communities for services, supplies, or both.
Sec. 8-207. The departments and agencies receiving appropriations in part 1 shall
prepare a report on out-of-state travel expenses not later than January 1 of each
year. The travel report shall be a listing of all travel by classified and
unclassified employees outside this state in the immediately preceding fiscal year
that was funded in whole or in part with funds appropriated in the department's
budget. The report shall be submitted to the senate and house appropriations
committees, the house and senate fiscal agencies, and the state budget director. The
report shall include the following information:
(a) The dates of each travel occurrence.
(b) The transportation and related costs of each travel occurrence, including the
proportion funded with state general fund/general purpose revenues, the proportion
funded with state restricted revenues, the proportion funded with federal revenues,
and the proportion funded with other revenues.
Sec. 8-208. Funds appropriated in part 1 shall not be used by a principal
executive department, state agency, or authority to hire a person to provide legal
services that are the responsibility of the attorney general. This prohibition does
not apply to legal services for bonding activities and for those outside services that
the attorney general authorizes.
Sec. 8-209. Not later than November 30, the state budget office shall prepare and
transmit a report that provides for estimates of the total general fund/general
purpose appropriation lapses at the close of the prior fiscal year. This report shall
summarize the projected year-end general fund/general purpose appropriation lapses by
major departmental program or program areas. The report shall be transmitted to the
chairpersons of the senate and house appropriations committees and the senate and
house fiscal agencies.
Sec. 8-210. (1) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $400,000,000.00 for federal contingency funds.
These funds are not available for expenditure until they have been transferred to
another line item in this article under section 393(2) of the management and budget
act, 1984 PA 431, MCL 18.1393.
(2) In addition to the funds appropriated in part 1, there is appropriated an
amount not to exceed $45,000,000.00 for state restricted contingency funds. These
funds are not available for expenditure until they have been transferred to another
line item in this article under section 393(2) of the management and budget act, 1984
PA 431, MCL 18.1393.
(3) In addition to the funds appropriated in part 1, there is appropriated an
amount not to exceed $40,000,000.00 for local contingency funds. These funds are not
available for expenditure until they have been transferred to another line item in
this article under section 393(2) of the management and budget act, 1984 PA 431, MCL
18.1393.
(4) In addition to the funds appropriated in part 1, there is appropriated an
amount not to exceed $60,000,000.00 for private contingency funds. These funds are not
available for expenditure until they have been transferred to another line item in
this article under section 393(2) of the management and budget act, 1984 PA 431, MCL
18.1393.
Sec. 8-211. The department shall cooperate with the department of technology,
management and budget to maintain a searchable website accessible by the public at no
cost that includes, but is not limited to, all of the following for each department or
agency:
(a) Fiscal year-to-date expenditures by category.
(b) Fiscal year-to-date expenditures by appropriation unit.
(c) Fiscal year-to-date payments to a selected vendor, including the vendor name,
payment date, payment amount, and payment description.
(d) The number of active department employees by job classification.
(e) Job specifications and wage rates.
Sec. 8-212. Within 14 days after the release of the executive budget
recommendation, the department shall cooperate with the state budget office to provide
the senate and house appropriations chairs, the senate and house appropriations
subcommittees chairs, and the senate and house fiscal agencies with an annual report
on estimated state restricted fund balances, state restricted fund projected revenues,
and state restricted fund expenditures for the fiscal years ending September 30, 2018
and September 30, 2019.
Sec. 8-213. The department shall maintain, on a publicly accessible website, a
department scorecard that identifies, tracks and regularly updates key metrics that
are used to monitor and improve the department's performance.
Sec. 8-214. Total authorized appropriations from all sources under part 1 for
legacy costs for the fiscal year ending September 30, 2019 are estimated at
$365,234,500.00. From this amount, total agency appropriations for pension-related
legacy costs are estimated at $168,379,300.00. Total agency appropriations for retiree
health care legacy costs are estimated at $196,855,200.00.
Sec. 8-215. If either of the following events occur, within 30 days the
department shall notify the state budget director, the chairs of the house and senate
appropriations subcommittees on the department budget, and the house and senate fiscal
agencies and policy offices of that fact:
(a) A legislative objective of this part or of a bill or amendment to a bill to
amend the social welfare act, 1939 PA 280, MCL 400.1 to 400.119b, cannot be
implemented because implementation would conflict with or violate federal regulations.
(b) A federal grant, for which a notice of an award has been received, cannot be
used, or will not be used.
Sec. 8-216. (1) In addition to funds appropriated in part 1 for all programs and
services, there is appropriated for write-offs of accounts receivable, deferrals, and
for prior year obligations in excess of applicable prior year appropriations, an
amount equal to total write-offs and prior year obligations, but not to exceed amounts
available in prior year revenues.
(2) The department's ability to satisfy appropriation fund sources in part 1
shall not be limited to collections and accruals pertaining to services provided in
the current fiscal year, but shall also include reimbursements, refunds, adjustments,
and settlements from prior years.
Sec. 8-217. (1) By February 1 of the current fiscal year, the department shall
report to the house and senate appropriations subcommittees on the department budget,
the house and senate fiscal agencies, and the state budget director on the detailed
name and amounts of estimated federal, restricted, private, and local sources of
revenue that support the appropriations in each of the line items in part 1.
(2) Upon the release of the next fiscal year executive budget recommendation, the
department shall report to the same parties in subsection (1) on the amounts and
detailed sources of federal, restricted, private, and local revenue proposed to
support the total funds appropriated in each of the line items in part 1 of the next
fiscal year executive budget proposal.
Sec. 8-218. The department shall include, but not be limited to, the following in
its annual list of proposed basic health services as required in part 23 of the public
health code, 1978 PA 368, MCL 333.2301 to 333.2321:
(a) Immunizations.
(b) Communicable disease control.
(c) Sexually transmitted disease control.
(d) Tuberculosis control.
(e) Prevention of gonorrhea eye infection in newborns.
(f) Screening newborns for the conditions listed in section 5431 of the public
health code, 1978 PA 368, MCL 333.5431, or recommended by the newborn screening
quality assurance advisory committee created under section 5430 of the public health
code, 1978 PA 368, MCL 333.5430.
(g) Health and human services annex of the Michigan emergency management plan.
(h) Prenatal care.
Sec. 8-219. (1) The department may contract with the Michigan Public Health
Institute for the design and implementation of projects and for other public health-
related activities prescribed in section 2611 of the public health code, 1978 PA 368,
MCL 333.2611. The department may develop a master agreement with the Michigan Public
Health Institute to carry out these purposes for up to a 3-year period. The department
shall report to the house and senate appropriations subcommittees on the department
budget, the house and senate fiscal agencies, and the state budget director on or
before January 1 of the current fiscal year all of the following:
(a) A detailed description of each funded project.
(b) The amount allocated for each project, the appropriation line item from which
the allocation is funded, and the source of financing for each project.
(c) The expected project duration.
(d) A detailed spending plan for each project, including a list of all
subgrantees and the amount allocated to each subgrantee.
(2) On or before December 30 of the current fiscal year, the department shall
provide to the same parties listed in subsection (1) a copy of all reports, studies,
and publications produced by the Michigan Public Health Institute, its subcontractors,
or the department with the funds appropriated in the department's budget in the
previous fiscal year and allocated to the Michigan Public Health Institute.
Sec. 8-220. The department shall ensure that faith-based organizations are able
to apply and compete for services, programs, or contracts that they are qualified and
suitable to fulfill. The department shall not disqualify faith-based organizations
solely on the basis of the religious nature of their organization or their guiding
principles or statements of faith.
Sec. 8-221. According to section 1b of the social welfare act, 1939 PA 280, MCL
400.1b, the department shall treat part 1 and this part as a time-limited addendum to
the social welfare act, 1939 PA 280, MCL 400.1 to 400.119b.
Sec. 8-223. The department may establish and collect fees for publications,
videos and related materials, conferences, and workshops. Collected fees are
appropriated when received and shall be used to offset expenditures to pay for
printing and mailing costs of the publications, videos and related materials, and
costs of the workshops and conferences. The department shall not collect fees under
this section that exceed the cost of the expenditures. When collected fees are
appropriated under this section in an amount that exceeds the current fiscal year
appropriation, within 30 days the department shall notify the chairs of the house and
senate appropriations subcommittees on the department budget, the house and senate
fiscal agencies and policy offices, and the state budget director of that fact.
Sec. 8-224. The department may retain all of the state's share of food assistance
overissuance collections as an offset to general fund/general purpose costs. Retained
collections shall be applied against federal funds deductions in all appropriation
units where department costs related to the investigation and recoupment of food
assistance overissuances are incurred. Retained collections in excess of such costs
shall be applied against the federal funds deducted in the departmental administration
and support appropriation unit.
Sec. 8-225. (1) Sanctions, suspensions, conditions for provisional license
status, and other penalties shall not be more stringent for private service providers
than for public entities performing equivalent or similar services.
(2) Neither the department nor private service providers or licensees shall be
granted preferential treatment or considered automatically to be in compliance with
administrative rules based on whether they have collective bargaining agreements with
direct care workers. Private service providers or licensees without collective
bargaining agreements shall not be subjected to additional requirements or conditions
of licensure based on their lack of collective bargaining agreements.
Sec. 8-226. If the revenue collected by the department from fees and collections
exceeds the amount appropriated in part 1, the revenue may be carried forward with the
approval of the state budget director into the subsequent fiscal year. The revenue
carried forward under this section shall be used as the first source of funds in the
subsequent fiscal year.
Sec. 8-227. The state departments, agencies, and commissions receiving tobacco
tax funds and Healthy Michigan fund revenue from part 1 shall report by April 1 of the
current fiscal year to the senate and house appropriations committees, the senate and
house fiscal agencies, and the state budget director on the following:
(a) Detailed spending plan by appropriation line item including description of
programs and a summary of organizations receiving these funds.
(b) Description of allocations or bid processes including need or demand
indicators used to determine allocations.
(c) Eligibility criteria for program participation and maximum benefit levels
where applicable.
(d) Outcome measures used to evaluate programs, including measures of the
effectiveness of these programs in improving the health of Michigan residents.
Sec. 8-228. If a payment which the department has the legal right to collect is
not received by the required due date, interest calculated at 1% per month may be
added to any unpaid balance from and after that date until payment plus accrued
interest is received. The state share of any funds collected under this section shall
be deposited in the state general fund.
Sec. 8-229. (1) The department shall extend the interagency agreement with the
Michigan 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 Michigan
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 Michigan talent investment agency to provide all the
following items by January 1 of the current fiscal year for the previous fiscal year
to the senate and house appropriations subcommittees on the department budget and
state budget office:
(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 of percentage who obtained employment through Michigan Works!
(ii) The number of 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) 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 an annual report on the following matters itemized by Michigan Works! agency:
the number of referrals to Michigan Works! job readiness programs, the number of
referrals to Michigan Works! job readiness programs who became a participant in the
Michigan Works! job readiness programs, the number of participants who obtained
employment, and the cost per participant case.
Sec. 8-231. From the funds appropriated in part 1 for travel reimbursements to
employees, the department shall allocate up to $100,000.00 toward reimbursing counties
for the out-of-pocket travel costs of the local county department board members and
county department directors to attend 1 meeting per year of the Michigan County Social
Services Association.
Sec. 8-232. (1) The department shall provide the approved spending plan for each
line item receiving an appropriation in the current fiscal year to the senate and
house appropriations subcommittees on the department budget and the senate and house
fiscal agencies within 60 days of approval by the department but not later than
January 15 of the current fiscal year. The spending plan shall include the following
information regarding planned expenditures for each category: allocation in the
previous period, change in the allocation, and new allocation. The spending plan shall
include the following information regarding each revenue source for the line item:
category of the fund source indicated by general fund/general purpose, state
restricted, local, private or federal. Figures included in the approved spending plan
shall not be assumed to constitute the actual final expenditures, as line items may be
updated on an as-needed basis to reflect changes in projected expenditures and
projected revenue. The department shall supplement the spending plan information by
providing a list of all active contract and grants in the department's contract
systems.
(2) Notwithstanding any other appropriation authority granted in part 1, the
department shall not appropriate any additional general fund/general purpose funds or
any related federal and state restricted funds without providing a written 30-day
notice to the senate and house appropriations subcommittees on the department budget,
the senate and house fiscal agencies, and the senate and house policy offices.
Sec. 8-252. The appropriations in part 1 for Healthy Michigan plan - behavioral
health, Healthy Michigan plan administration, and Healthy Michigan plan are contingent
on the provisions of the social welfare act, 1939 PA 280, MCL 400.1 to 400.119b, that
were contained in 2013 PA 107 not being amended, repealed, or otherwise altered to
eliminate the Healthy Michigan plan. If that occurs, then, upon the effective date of
the amendatory act that amends, repeals, or otherwise alters those provisions, the
remaining funds in the Healthy Michigan plan - behavioral health, Healthy Michigan
plan administration, and Healthy Michigan plan line items shall only be used to pay
previously incurred costs and any remaining appropriations shall not be allotted to
support those line items.
Sec. 8-263. (1) Except as otherwise provided in this subsection, before
submission of a waiver, a state plan amendment, or a similar proposal to CMS or other
federal agency, the department shall provide written notification of the planned
submission to the house and senate appropriations subcommittees on the department
budget, the house and senate fiscal agencies and policy offices, and the state budget
office. This subsection does not apply to the submission of a waiver, a state plan
amendment, or similar proposal that does not propose a material change or is outside
of the ordinary course of waiver, state plan amendment, or similar proposed
submissions.
(2) The department shall provide written 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 CMS or the United States Department of Health and Human Services or
other federal agency regarding potential or future waiver applications as well as the
status of submitted waivers that have not yet received federal approval. If, at the
time a biannual report is due, there are no reportable items, then no report is
required to be provided.
Sec. 8-270. The department shall advise the legislature of the receipt of a
notification from the attorney general's office of a legal action in which expenses
had been recovered pursuant to section 106(4) of the social welfare act, 1939 PA 280,
MCL 400.106. By February 1 of the current fiscal year, the department shall submit a
written report to the house and senate appropriations subcommittees on the department
budget, the house and senate fiscal agencies, and the state budget office that
includes, at a minimum, all of the following:
(a) The total amount recovered from the legal action.
(b) The program or service for which the money was originally expended.
(c) Details on the disposition of the funds recovered such as the appropriation
or revenue account in which the money was deposited.
(d) A description of the facts involved in the legal action.
Sec. 8-274. (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, 2018 for each individual line
item for the department budget. The report shall also include federal funds
transferred to other departments. The capped federal funds shall include, but not be
limited to, all of the following:
(a) TANF.
(b) Title XX social services block grant.
(c) Title IV-B part I child welfare services block grant.
(d) Title IV-B part II promoting safe and stable families funds.
(e) Low-income home energy assistance program.
(2) It is the intent of the legislature that the department, in collaboration
with the state budget office, not utilize capped federal funding for economics
adjustments for FTEs or other economics costs that are included as part of the budget
submitted to the legislature by the governor for the ensuing fiscal year, unless there
is a reasonable expectation for increased federal funding to be available to the
department from that capped revenue source in the ensuing fiscal year.
Sec. 8-275. (1) As part of the year-end closing process, the department, with the
approval of the state budget director, is authorized to realign sources between other
federal, TANF, and capped federal financing authorizations in order to maximize
federal revenues. This realignment of financing shall not produce a gross increase or
decrease in the department's total individual line item authorizations, nor will it
produce a net increase or decrease in total federal revenues, or a net increase in
TANF authorization.
(2) Not later than November 30, the department shall submit to the house and
senate appropriations subcommittees on the department budget, the house and senate
fiscal agencies, and the house and senate policy offices a report on the realignment
of federal fund sources that took place as part of the year-end closing process for
the previous fiscal year.
Sec. 8-279. (1) All master contracts relating to foster care and adoption
services as funded by the appropriations in section 105 of part 1 shall be
performance-based contracts that employ a client-centered results-oriented process
that is based on measurable performance indicators and desired outcomes and includes
the annual assessment of the quality of services provided.
(2) By February 1 of the current fiscal year, the department shall provide the
senate and house appropriations subcommittees on the department budget, the senate and
house fiscal agencies and policy offices, and the state budget office a report
detailing measurable performance indicators, desired outcomes, and an assessment of
the quality of services provided by the department during the previous fiscal year.
Sec. 8-280. By March 1 of the current fiscal year, 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. 8-288. (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. 8-290. Any public advertisement for public assistance shall also inform the
public of the welfare fraud hotline operated by the department.
Sec. 8-293. (1) From the funds appropriated in part 1 from total federal
revenues, the department shall expend no more than $548,759,500.00 from the temporary
assistance for needy families block grant authorized under title IV-A of the federal
social security act, 42 U.S.C 603 unless the department meets the notification
requirement outlined in subsection (2).
(2) The department may expend additional funding of up to 3 percent of the amount
specified in subsection (1) from the temporary assistance for needy families block
grant to offset state general fund/general purpose spending for TANF-eligible
activities. Any additional spending is subject to notification to the house and senate
appropriations subcommittees, the fiscal agencies, and the state budget office. The
notification shall specify the additional amount of spending and the estimated balance
of temporary assistance for needy families funding at the close of the current fiscal
year that would remain available after accounting for the additional planned spending.
Sec. 8-295. (1) From the funds appropriated in part 1 to agencies providing
physical and behavioral health services to multicultural populations, the department
shall award grants in accordance with the requirements of subsection (2). The state is
not liable for any spending above the contract amount. Funds shall not be released
until reporting requirements under section 295 of article X of 2017 PA 107 are
satisfied.
(2) The department shall require each contractor described in subsection (1) that
receives greater than $1,000,000.00 in state grant funding to comply with performance-
related metrics to maintain their eligibility for funding. The organizational metrics
shall include, but not be limited to, all of the following:
(a) Each contractor or subcontractor shall have accreditations that attest to
their competency and effectiveness as behavioral health and social service agencies.
(b) Each contractor or subcontractor shall have a mission that is consistent with
the purpose of the multicultural agency.
(c) Each contractor shall validate that any subcontractors utilized within these
appropriations share the same mission as the lead agency receiving funding.
(d) Each contractor or subcontractor shall demonstrate cost-effectiveness.
(e) Each contractor or subcontractor shall ensure their ability to leverage
private dollars to strengthen and maximize service provision.
(f) Each contractor or subcontractor shall provide timely and accurate reports
regarding the number of clients served, units of service provision, and ability to
meet their stated goals.
(3) The department shall require an annual report from the contractors described
in subsection (2). The annual report, due 60 days following the end of the contract
period, shall include specific information on services and programs provided, the
client base to which the services and programs were provided, information on any
wraparound services provided, and the expenditures for those services. The department
shall provide the annual reports to the senate and house appropriations subcommittees
on health and human services, the senate and house fiscal agencies, and the state
budget office.
Sec. 8-296. From the funds appropriated in part 1, the department shall be
responsible for the necessary and reasonable attorney fees and costs incurred by
private and independent legal counsel chosen by current and former classified and
unclassified department employees in the defense of the department employees in any
state or federal lawsuits or investigations related to the city of Flint municipal
water system.
Sec. 8-297. By March 1 and August 1 of the current fiscal year, the department
shall report on the number of FTEs in pay status by type of staff. The report shall
include a comparison by line item of the number of FTEs authorized from funds
appropriated in part 1 to the actual number of FTEs employed by the department at the
end of the reporting period.
Sec. 8-298. (1) The department shall continue to pursue the implementation of the
demonstration model as specified under subsection (2) of Section 298 of Article X of
PA 107 of 2017. The department shall ensure that the demonstration model described in
this subsection is implemented in a manner that ensures at least all of the following:
(a) That any changes made to a Medicaid waiver or Medicaid state plan to
implement the pilot project described in this subsection must only be in effect for
the duration of the pilot project described in this subsection.
(b) That the project is consistent with the stated core values as identified in
the final report of the workgroup established in section 298 of article X of 2016 PA
268.
(c) That updates are provided to the medical care advisory council, behavioral
health advisory council, and developmental disabilities council.
(2) The department shall continue to pursue the implementation of up to 3 pilot
projects as specified under subsection (3) of Section 298 of Article X of PA 107 of
2017. The department shall ensure that the pilot projects described in this subsection
are implemented in a manner that ensures at least all of the following:
(a) That allows the CMHSP in the geographic area of the pilot project to be a
provider of behavioral health supports and services.
(b) That any changes made to a Medicaid waiver or Medicaid state plan to
implement the pilot projects described in this subsection must only be in effect for
the duration of the pilot projects described in this subsection.
(c) That the project is consistent with the stated core values as identified in
the final report of the workgroup established in section 298 of article X of 2016 PA
268.
(d) That updates are provided to the medical care advisory council, behavioral
health advisory council, and developmental disabilities council.
(3) For the duration of any pilot projects and demonstration models, the
department shall require that contracts between CMHSPs and the Medicaid health plans
within their pilot region mandate that any and all realized benefits and cost savings
of integrating the physical health and behavioral health systems shall be reinvested
in services and supports for individuals having or at risk of having a mental illness,
an intellectual or developmental disability, or a substance use disorder. Any and all
realized benefits and cost savings shall be specifically reinvested in the counties
where the savings occurred in accordance with the Medicaid state plan and any
applicable Medicaid waivers.
(4) The department shall continue to partner with 1 of the state's research
universities to evaluate any pilot project(s) and demonstration model that are
authorized under this section.
(a) The evaluation shall include information on the pilot project's or
demonstration model's success in meeting the performance metrics developed in this
subsection and information on whether the pilot project could be replicated into other
geographic areas with similar performance metric outcomes.
(b) The evaluation shall include the performance metrics, at a minimum, from each
of the following categories:
(i) Improvement of the coordination between behavioral health and physical
health.
(ii) Improvement of services available to individuals with mental illness,
intellectual or developmental disabilities, or substance use disorders.
(iii) Benefits associated with full access to community-based services and
supports.
(iv) Customer health status.
(v) Customer satisfaction.
(vi) Provider network stability.
(vii) Treatment and service efficacies before and after the pilot projects and
demonstration models.
(viii) Use of best practices.
(ix) Financial efficiencies.
(x) Any other relevant categories.
(c) The evaluation shall be completed within 6 months of the end of the pilot
project or demonstration model and shall be provided to the department, 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.
(5) Upon completion of any pilot projects or demonstration models advanced under
this section, the managing entity of the pilot project or demonstration model 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 within 30 days of completion of that pilot project or
demonstration model detailing their experience, lessons learned, efficiencies and
savings revealed, increases in investment on behavioral health services, and
recommendations for extending pilot projects to full implementation or
discontinuation.
DEPARTMENTAL ADMINISTRATION AND SUPPORT
Sec. 8-307. (1) From the funds appropriated in part 1 for demonstration projects,
$950,000.00 shall be distributed as provided in subsection (2). The amount distributed
under this subsection shall not exceed 50% of the total operating expenses of the
program described in subsection (2), with the remaining 50% paid by local United Way
organizations and other nonprofit organizations and foundations.
(2) Funds distributed under subsection (1) shall be distributed to Michigan 2-1-
1, a nonprofit corporation organized under the laws of this state that is exempt from
federal income tax under section 501(c)(3) of the internal revenue code of 1986, 26
USC 501, and whose mission is to coordinate and support a statewide 2-1-1 system.
Michigan 2-1-1 shall use the funds only to fulfill the Michigan 2-1-1 business plan
adopted by Michigan 2-1-1 in January 2005.
(3) Michigan 2-1-1 shall refer to the department any calls received reporting
fraud, waste, or abuse of state-administered public assistance.
(4) Michigan 2-1-1 shall report annually to the department and the house and
senate standing committees with primary jurisdiction over matters relating to human
services and telecommunications on 2-1-1 system performance, the senate and house
appropriations subcommittees on the department budget, and the senate and house fiscal
agencies, including, but not limited to, call volume by health and human service needs
and unmet needs identified through caller data and customer satisfaction metrics.
Sec. 8-310. The department shall work with youth-oriented nonprofit organizations
to provide mentoring programming for children of incarcerated parents and other at-
risk children.
Sec. 8-316. From the funds appropriated in part 1 for terminal leave payments,
the department shall not spend in excess of its annual gross appropriation unless it
identifies and requests a legislative transfer from another budgetary line item
supporting administrative costs, as provided by section 393(2) of the management and
budget act, 1984 PA 431, MCL 18.1393.
CHILD SUPPORT ENFORCEMENT
Sec. 8-401. (1) The appropriations in part 1 assume a total federal child support
incentive payment of $26,500,000.00.
(2) From the federal money received for child support incentive payments,
$12,000,000.00 shall be retained by the state and expended for child support program
expenses.
(3) From the federal money received for child support incentive payments,
$14,500,000.00 shall be paid to the counties based on each county's performance level
for each of the federal performance measures as established in 45 CFR 305.2.
(4) If the child support incentive payment to the state from the federal
government is greater than $26,500,000.00, then 100% of the excess shall be retained
by the state and is appropriated until the total retained by the state reaches
$15,397,400.00.
(5) If the child support incentive payment to the state from the federal
government is greater than the amount needed to satisfy the provisions identified in
subsections (1), (2), (3), and (4), the additional funds shall be subject to
appropriation by the legislature.
(6) If the child support incentive payment to the state from the federal
government is less than $26,500,000.00, then the state and county share shall each be
reduced by 50% of the shortfall.
Sec. 8-409. (1) If statewide retained child support collections exceed
$38,300,000.00, 75% of the amount in excess of $38,300,000.00 is appropriated to legal
support contracts. This excess appropriation may be distributed to eligible counties
to supplement and not supplant county title IV-D funding.
(2) Each county whose retained child support collections in the current fiscal
year exceed its fiscal year 2004-2005 retained child support collections, excluding
tax offset and financial institution data match collections in both the current fiscal
year and fiscal year 2004-2005, shall receive its proportional share of the 75%
excess.
Sec. 8-410. (1) If title IV-D-related child support collections are escheated,
the state budget director is authorized to adjust the sources of financing for the
funds appropriated in part 1 for legal support contracts to reduce federal
authorization by 66% of the escheated amount and increase general fund/general purpose
authorization by the same amount. This budget adjustment is required to offset the
loss of federal revenue due to the escheated amount being counted as title IV-D
program income in accordance with federal regulations at 45 CFR 304.50.
(2) The department shall notify the chairs of the house and senate appropriations
subcommittees on the department budget and the house and senate fiscal agencies within
15 days of the authorization adjustment in subsection (1).
COMMUNITY SERVICES AND OUTREACH
Sec. 8-450. (1) From the funds appropriated in part 1 for school success
partnership program, the department shall allocate $525,000.00 by December 1 of the
current fiscal year to support the Northeast Michigan Community Service Agency
programming, which will take place in each county in the Governor's Prosperity Region
3. The department shall require the following performance objectives be measured and
reported for the duration of the state funding for the school success partnership
program:
(a) Increasing school attendance and decreasing chronic absenteeism.
(b) Increasing academic performance based on grades with emphasis on math and
reading.
(c) Identifying barriers to attendance and success and connecting families with
resources to reduce these barriers.
(d) Increasing parent involvement with the parent's child's school and community.
(2) The Northeast Michigan Community Service Agency shall provide reports to the
department on January 31 and June 30 of the current fiscal year on the number of
children and families served and the services that were provided to families to meet
the performance objectives identified in this section. The department shall distribute
the reports within 1 week after receipt to the senate and house appropriations
subcommittees on the department budget, the senate and house fiscal agencies, the
senate and house policy offices, and the state budget office.
Sec. 8-452. From the funds appropriated in part 1 for crime victim justice
assistance grants, the department shall continue to support forensic nurse examiner
programs to facilitate training for improved evidence collection for the prosecution
of sexual assault. The funds shall be used for program coordination and training.
Sec. 8-453. From the funds appropriated in part 1 for homeless programs, the
department shall maintain emergency shelter program per diem rates at $16.00 per bed
night to support efforts of shelter providers to move homeless individuals and
households into permanent housing as quickly as possible. Expected outcomes are
increased shelter discharges to stable housing destinations, decreased recidivism
rates for shelter clients, and a reduction in the average length of stay in emergency
shelters.
Sec. 8-454. The department shall allocate the full amount of funds appropriated
in part 1 for homeless programs to provide services for homeless individuals and
families, including, but not limited to, third-party contracts for emergency shelter
services.
Sec. 8-455. As a condition of receipt of federal TANF funds, homeless shelters
and human services agencies shall collaborate with the department to obtain necessary
TANF eligibility information on families as soon as possible after admitting a family
to the homeless shelter. From the funds appropriated in part 1 for homeless programs,
the department is authorized to make allocations of TANF funds only to the homeless
shelters and human services agencies that report necessary data to the department for
the purpose of meeting TANF eligibility reporting requirements. Homeless shelters or
human services agencies that do not report necessary data to the department for the
purpose of meeting TANF eligibility reporting requirements will not receive
reimbursements that exceed the per diem amount they received in fiscal year 2000. The
use of TANF funds under this section is not an ongoing commitment of funding.
Sec. 8-457. (1) From the funds appropriated in part 1 for the uniform statewide
sexual assault evidence kit tracking system, in accordance with the final report of
the Michigan sexual assault evidence kit tracking and reporting commission,
$800,000.00 is allocated from the sexual assault evidence tracking fund to contract
for development and implementation of the uniform statewide sexual assault evidence
kit tracking system.
(2) By March 30 of the current fiscal year, the department shall submit to the
senate and house appropriations subcommittees on the department of health and human
services, the senate and house fiscal agencies, the senate and house policy offices,
and the state budget office a status report on implementation and operation of the
uniform statewide sexual assault evidence kit tracking system, including operational
status and any known issues regarding implementation.
(3) The sexual assault evidence tracking fund established in 2017 PA 158 shall
continue to be maintained in the department of treasury. Money in the sexual assault
evidence tracking fund at the close of a fiscal year shall remain in the sexual
assault evidence tracking fund and shall not revert to the general fund and shall be
appropriated as provided by law for the development and implementation of a uniform
statewide sexual assault evidence kit tracking system as described in subsection (1).
(4) By September 30 of the current fiscal year, the department shall submit to
the senate and house appropriations subcommittees on the department of health and
human services, the senate and house fiscal agencies, the senate and house policy
offices, and the state budget office a report on the findings of the annual audit of
the proper submission of sexual assault evidence kits as required by the sexual
assault kit evidence submission act, 2014 PA 227, MCL 752.931 to 752.935. The report
must include, but is not limited to, a detailed county-by-county compilation of the
number of sexual assault evidence kits that were properly submitted and the number
that met or did not meet deadlines established in the sexual assault kit evidence
submission act, the number of kits retrieved by law enforcement after analysis, and
the physical location of all released kits collected by health care providers in that
year, as of the date of the annual draft report for each reporting agency.
CHILDREN'S SERVICE AGENCY - CHILD WELFARE
Sec. 8-501. A goal is established that not more than 25% of all children in
foster care at any given time during the current fiscal year will have been in foster
care for 24 months or more.
Sec. 8-502. From the funds appropriated in part 1 for foster care, the department
shall provide 50% reimbursement to Indian tribal governments for foster care
expenditures for children who are under the jurisdiction of Indian tribal courts and
who are not otherwise eligible for federal foster care cost sharing.
Sec. 8-503. (1) In accordance with the final report of the Michigan child welfare
performance-based funding task force issued in response to section 503 of article X of
2013 PA 59, the department shall periodically review 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 pilot a prospective rate payment system for
private agencies that includes funding for adoption incentive payments. The full cost
prospective rate payment system will identify and cover contractual costs paid through
the case rate developed by an independent actuary.
(3) By March 1 of the current fiscal year, the department shall provide to the
senate and house appropriations committees on the department budget, the senate and
house fiscal agencies and policy offices, and the state budget office a report on the
full cost analysis of the performance-based funding model. The report shall include
background information on the project and give details about the contractual costs
covered through the case rate.
(4) In accordance with the final report of the Michigan child welfare
performance-based funding task force issued in response to section 503 of article X of
2013 PA 59, the department shall continue an independent, third-party evaluation of
the performance-based funding model.
(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 continue to implement the recommendations that are described in the workgroup
report that was provided in section 503 of article X of 2013 PA 59 to establish a
performance-based funding for public and private child welfare services providers. The
department shall provide 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, the department shall continue to work with the West Michigan Partnership for
Children Consortium on the implementation of the performance-based funding model
pilot. The consortium shall accept and comprehensively assess referred youth, assign
cases to members of its continuum or leverage services from other entities, and make
appropriate case management decisions during the duration of a case. The consortium
shall operate an integrated continuum of care structure, with services provided by
both private and public agencies, based on individual case needs. The consortium shall
demonstrate significant organizational capacity and competencies, including experience
with managing risk-based contracts, financial strength, experienced staff and
leadership, and appropriate governance structure.
Sec. 8-504. (1) The department may continue a master agreement with the West
Michigan Partnership for Children Consortium for a performance-based child welfare
contracting pilot program. The consortium shall consist of a network of affiliated
child welfare service providers that will accept and comprehensively assess referred
youth, assign cases to members of its continuum or leverage services from other
entities, and make appropriate case management decisions during the duration of a
case.
(2) The consortium shall operate an integrated continuum of care structure, with
services provided by private or public agencies, based on individual case needs.
(3) By March 1 of the current fiscal year, the consortium shall provide to the
department and the house and senate appropriations subcommittees on the department
budget a report on the consortium, including, but not limited to, actual expenditures,
number of children placed by agencies in the consortium, fund balance of the
consortium, and the status of the consortium evaluation.
Sec. 8-505. By March 1 of the current fiscal year, the department shall provide
to the senate and house appropriations subcommittees on the department budget, the
senate and house fiscal agencies and policy offices, and the state budget office a
report for youth referred or committed to the department for care or supervision in
the previous fiscal year and in the first quarter of the current fiscal year outlining
the number of youth served by the department within the juvenile justice system, the
type of setting for each youth, performance outcomes, and financial costs or savings.
Sec. 8-507. The department's ability to satisfy appropriation deducts in part 1
for foster care private collections shall not be limited to collections and accruals
pertaining to services provided only in the current fiscal year but may include
revenues collected during the current fiscal year for services provided in prior
fiscal years.
Sec. 8-508. (1) In addition to the amount appropriated in part 1 for children's
trust fund grants, money granted or money received as gifts or donations to the
children's trust fund created by 1982 PA 249, MCL 21.171 to 21.172, is appropriated
for expenditure.
(2) The department and the child abuse and neglect prevention board shall
collaborate to ensure that administrative delays are avoided and the local grant
recipients and direct service providers receive money in an expeditious manner. The
department and board shall make available the children's trust fund contract funds to
grantees within 31 days of the start date of the funded project.
Sec. 8-511. The department shall provide semiannual 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 physical and mental health examinations after entry into foster care.
Sec. 8-512. (1) As required by the settlement, by March 1 of the current fiscal
year, the department shall report to the senate and house appropriations subcommittees
on the department budget, the senate and house fiscal agencies, the senate and house
policy offices, and the state budget office on the following information for cases of
child abuse or child neglect from the previous fiscal year:
(a) The total number of relative care placements.
(b) The total number of relatives with a placement who became licensed.
(c) The number of waivers of foster care licensure granted to relative care
providers.
(d) The number of waivers of foster care denied to relative care providers.
(e) A list of the reasons from a sample of cases the department denied granting a
waiver of foster care licensure for a relative care provider.
(f) A list of the reasons from a sample of cases where relatives were declined
foster care licensure as documented by the department.
(2) The caseworker shall request a waiver of foster care licensure if both of the
following apply:
(a) The caseworker has fully informed the relative of the benefits of licensure
and the option of a licensure waiver.
(b) The caseworker has assessed the relative and the relative's home using the
department's initial relative safety screen and the department's relative home
assessment and has determined that the relative's home is safe and placement there is
in the child's best interest.
Sec. 8-513. (1) The department shall not expend funds appropriated in part 1 to
pay for the direct placement by the department of a child in an out-of-state facility
unless all of the following conditions are met:
(a) There is no appropriate placement available in this state as determined by
the department interstate compact office.
(b) An out-of-state placement exists that is nearer to the child's home than the
closest appropriate in-state placement as determined by the department interstate
compact office.
(c) The out-of-state facility meets all of the licensing standards of this state
for a comparable facility.
(d) The out-of-state facility meets all of the applicable licensing standards of
the state in which it is located.
(e) The department has done an on-site visit to the out-of-state facility,
reviewed the facility records, reviewed licensing records and reports on the facility,
and believes that the facility is an appropriate placement for the child.
(2) The department shall not expend money for a child placed in an out-of-state
facility without approval of the executive director of the children's services agency.
(3) The department shall submit an annual report to the state court
administrative office, the house and senate appropriations subcommittees on the
department budget, the house and senate fiscal agencies, the house and senate policy
offices, and the state budget office on the number of Michigan children residing in
out-of-state facilities at the time of the report, the total cost and average per diem
cost of these out-of-state placements to this state, and a list of each such placement
arranged by the Michigan county of residence for each child.
Sec. 8-514. The department shall make a comprehensive report concerning
children's protective services (CPS) to the legislature, including the senate and
house policy offices and the state budget director, by March 1 of the current fiscal
year, that shall include all of the following:
(a) Statistical information including, but not limited to, all of the following:
(i) The total number of reports of child abuse or child neglect investigated
under the child protection law, 1975 PA 238, MCL 722.621 to 722.638, and the number of
cases classified under category I or category II and the number of cases classified
under category III, category IV, or category V.
(ii) 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) Statistical information regarding families that were classified in category
III, including, but not limited to, all of the following:
(i) The total number of cases classified in category III.
(ii) The number of cases in category III referred to voluntary community services
and closed with no additional monitoring.
(iii) The number of cases in category III referred to voluntary community
services and monitored for up to 90 days.
(iv) The number of cases in category III for which the department entered more
than 1 determination that there was evidence of child abuse or child neglect.
(v) The number of cases in category III that the department reclassified from
category III to category II.
(vi) The number of cases in category III that the department reclassified from
category III to category I.
(vii) The number of cases in category III that the department reclassified from
category III to category I that resulted in a removal.
(d) The department policy, or changes to the department policy, regarding
children who have been exposed to the production or manufacture of methamphetamines.
Sec. 8-519. The department shall permit any private agency that has an existing
contract with this state to provide foster care services to be also eligible to
provide treatment foster care services.
Sec. 8-520. To the extent that the data are available, the department shall
submit a report to the house and senate appropriations subcommittees on the department
budget, the house and senate fiscal agencies, the house and senate policy offices, and
the state budget office by February 15 of the current fiscal year on the number of
days of care and expenditures by funding source for the previous year for out-of-home
placements by specific placement programs for child abuse or child neglect, including,
but not limited to, paid relative placement, department direct family foster care,
private agency supervised foster care, private child caring institutions, county-
supervised facilities, court-supervised facilities, and independent living. The report
shall also identify days of care for department-operated residential juvenile justice
facilities by security classification.
Sec. 8-522. (1) From the funds appropriated in part 1 for youth in transition,
the department shall allocate $750,000.00 for college scholarships through the
fostering futures scholarship program in the Michigan education trust to youths who
were in foster care because of child abuse or child neglect and are attending a
college located in this state. Of the funds appropriated, 100% shall be used to fund
scholarships for the youths described in this section.
(2) By March 1 of the current fiscal year, the department shall provide a report
to the senate and house appropriations subcommittees on the department budget, the
senate and house fiscal agencies, the senate and house policy offices, and the state
budget office that includes the number of youths who received scholarships and the
amount of each scholarship, and the total amount of funds spent or encumbered in the
current fiscal year.
Sec. 8-523. From the funds appropriated in part 1 for youth in transition and
domestic violence prevention and treatment, the department is authorized to make
allocations of TANF funds only to agencies that report necessary data to the
department for the purpose of meeting TANF eligibility reporting requirements.
Sec. 8-524. As a condition of receiving funds appropriated in part 1 for strong
families/safe children, counties must submit the service spending plan to the
department by October 1 of the current fiscal year for approval. The department shall
approve the service spending plan within 30 calendar days after receipt of a properly
completed service spending plan.
Sec. 8-525. The department shall implement the same on-site evaluation processes
for privately operated child welfare and juvenile justice residential facilities as is
used to evaluate state-operated facilities. Penalties for noncompliance shall be the
same for privately operated child welfare and juvenile justice residential facilities
and state-operated facilities.
Sec. 8-533. The department shall make payments to child placing facilities for
in-home and out-of-home care services and adoption services within 30 days of
receiving all necessary documentation from those agencies. It is the intent of the
legislature that the burden of ensuring that these payments are made in a timely
manner and no payments are in arrears is upon the department.
Sec. 8-540. If a physician or psychiatrist who is providing services to state or
court wards placed in a residential facility submits a formal request to the
department to change the psychotropic medication of a ward, the department shall, if
the ward is a state ward, make a determination on the proposed change within 7
business days after the request or, if the ward is a temporary court ward, seek
parental consent within 7 business days after the request. If parental consent is not
provided within 7 business days, the department shall petition the court on the eighth
business day.
Sec. 8-546. (1) From the funds appropriated in part 1 for foster care payments
and from child care fund, the department shall pay providers of general foster care,
independent living, and trial reunification services not less than a $46.20
administrative rate.
(2) From the funds appropriated in part 1, the department shall pay providers of
independent living plus services statewide per diem rates for staff-supported housing
and host-home housing based on proposals submitted in response to a solicitation for
pricing. The independent living plus program provides staff-supported housing and
services for foster youth ages 16 through 19 who, because of their individual needs
and assessments, are not initially appropriate for general independent living foster
care.
(3) If required by the federal government to meet title IV-E requirements,
providers of foster care services shall submit quarterly expenditure reports to the
department to identify actual costs of providing foster care services.
Sec. 8-547. (1) From the funds appropriated in part 1 for the guardianship
assistance program, the department shall pay a minimum rate that is not less than the
approved age-appropriate payment rates for youth placed in family foster care.
(2) The department shall report quarterly to the state budget office, the senate
and house appropriations subcommittees on the department budget, the senate and house
fiscal agencies, and the senate and house policy offices on the number of children
enrolled in the guardianship assistance and foster care children with serious
emotional disturbance waiver programs.
Sec. 8-550. (1) All service providers shall submit a request for payment within 1
calendar year of the date of service. Any request for payment submitted after 1
calendar year from the date of service shall require the provider to submit an
exception request to the county or the department for approval or denial. The county
or the department shall not be subject to any offset, chargeback or reimbursement
liability when a child care fund cost is approved by the county or the department for
payment after 1 year from the date of service.
(2) The county shall not be subject to any offset, chargeback, or reimbursement
liability for prior expenditures resulting from an error in foster care fund source
determinations.
Sec. 8-551. The department shall respond to counties within 30 days regarding any
request for a clarification requested through the department's child care fund
management unit electronic mail address.
Sec. 8-552. Sixty days after a county's child care fund on-site review is
completed, the department shall provide the results of the review to the county.
Sec. 8-562. The department shall provide time and travel reimbursements for
foster parents who transport a foster child to parent-child visitations. As part of
the foster care parent contract, the department shall provide written confirmation to
foster parents that states that the foster parents have the right to request these
reimbursements for all parent-child visitations. The department shall provide these
reimbursements within 60 days of receiving a request for eligible reimbursements from
a foster parent.
Sec. 8-564. (1) The department shall develop a clear policy for parent-child
visitations. The local county offices, caseworkers, and supervisors shall meet an 85%
success rate, after accounting for factors outside of the caseworkers' control.
(2) Per the court-ordered number of required meetings between caseworkers and a
parent, the caseworkers shall achieve a success rate of 85%, after accounting for
factors outside of the caseworkers' control.
(3) By March 1 of the current fiscal year, the department shall provide to the
senate and house appropriations subcommittees on the department budget, the senate and
house fiscal agencies, the senate and house policy offices, and the state budget
office a report on the following:
(a) The percentage of success rate for parent-child visitations and court-ordered
required meetings between caseworkers referenced in subsections (1) and (2) for the
previous year.
(b) The barriers to achieve the success rates in subsections (1) and (2) and how
this information is tracked.
Sec. 8-567. The department shall submit to the senate and house appropriations
subcommittees on the department budget, the senate and house fiscal agencies, the
senate and house policy offices, and the state budget office by March 1 of the current
fiscal year a report on transfer of medical passports for children in foster care,
including the following:
(a) From the total medical passports transferred, the percentage that transferred
within 2 weeks from the date of placement or return to the home.
(b) From the total school records, the percentage that transferred within 2 weeks
from the date of placement or return to the home.
(c) The implementation steps that have been taken to improve the outcomes for the
measures in subdivision (b).
Sec. 8-569. The department shall reimburse private child placing agencies that
complete adoptions at the rate according to the date on which the petition for
adoption and required support documentation was accepted by the court and not
according to the date the court's order placing for adoption was entered.
Sec. 8-573. The department may pay providers of foster care services a per diem
daily administrative rate for every case on a caseworker's caseload for the duration
of a case from referral acceptance to the discharge of wardship.
Sec. 8-574. (1) From the funds appropriated in part 1 for foster care payments,
$2,500,000.00 is allocated to support performance-based contracts with child placing
agencies to facilitate the licensure of relative caregivers as foster parents.
Agencies shall receive $2,300.00 for each facilitated licensure if completed within
180 days after case acceptance, or, if a waiver was previously approved, 180 days from
the referral 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 the newly licensed cases for which the placement was appropriate to the agency.
(2) From the funds appropriated for foster care payments, $375,000.00 is
allocated to support family incentive grants to private and community-based foster
care service providers to assist with home improvements or payment for physical exams
for applicants needed by foster families to accommodate foster children.
Sec. 8-583. By March 1 of the current fiscal year, the department shall provide
to the senate and house appropriations subcommittees on the department budget, the
senate and house standing committees on families and human services, the senate and
house fiscal agencies and policy offices, and the state budget office a report that
includes:
(a) The number and percentage of foster parents that dropped out of the program
in the previous fiscal year and the reasons the foster parents left the program and
how those figures compare to prior fiscal years.
(b) The number and percentage of foster parents successfully retained in the
previous fiscal year and how those figures compare to prior fiscal years.
Sec. 8-585. The department shall make available at least 1 pre-service training
class each month in which new caseworkers for private foster care and adoption
agencies can enroll.
Sec. 8-588. Concurrently with public release, the department shall transmit all
reports from the court-appointed settlement monitor, including, but not limited to,
the needs assessment and period outcome reporting, to the state budget office, the
senate and house appropriations subcommittees on the department budget, and the senate
and house fiscal agencies and policy offices, without revision.
Sec. 8-589. On a monthly basis, the department shall report on the number of all
foster care cases administered by the department and all foster care cases
administered by private providers.
Sec. 8-593. The department may allow residential service providers for child
abuse and child neglect cases to implement a staff ratio during working hours of 1
staff to 5 children.
Sec. 8-594. From the funds appropriated in part 1 for foster care payments, the
department shall support regional resource teams to provide for the recruitment,
retention, and training of foster and adoptive parents and shall expand the Michigan
youth opportunities initiative to all Michigan counties. The purpose of this funding
is to increase the number of annual inquiries from prospective foster parents,
increase the number of nonrelative foster homes that achieve licensure each year,
increase the annual retention rate of nonrelative foster homes, reduce the number of
older foster youth placed outside of family settings, and provide older youth with
enhanced support in transitioning to adulthood.
Sec. 8-595. Partial child care fund reimbursements to counties for undisputed
charges shall be made within 45 business days of the receipt of the required forms and
documentation. The department shall notify a county within 15 business days of a
disputed reimbursement request. The department shall reimburse for corrected charges
within 45 business days of a properly corrected submission by the county.
PUBLIC ASSISTANCE
Sec. 8-601. Whenever a client agrees to the release of his or her name and
address to the local housing authority, the department shall request from the local
housing authority information regarding whether the housing unit for which vendoring
has been requested meets applicable local housing codes. Vendoring shall be terminated
for those units that the local authority indicates in writing do not meet local
housing codes until such time as the local authority indicates in writing that local
housing codes have been met.
Sec. 8-602. The department shall conduct a full evaluation of an individual's
assistance needs if the individual has applied for disability more than 1 time within
a 1-year period.
Sec. 8-604. (1) The department shall operate a state disability assistance
program. Except as provided in subsection (3), persons eligible for this program shall
include needy citizens of the United States or aliens exempted from the supplemental
security income citizenship requirement who are at least 18 years of age or
emancipated minors meeting 1 or more of the following requirements:
(a) A recipient of supplemental security income, social security, or medical
assistance due to disability or 65 years of age or older.
(b) A person with a physical or mental impairment that meets federal supplemental
security income disability standards, except that the minimum duration of the
disability shall be 90 days. Substance use disorder alone is not defined as a basis
for eligibility.
(c) A resident of an adult foster care facility, a home for the aged, a county
infirmary, or a substance use disorder treatment center.
(d) A person receiving 30-day postresidential substance use disorder treatment.
(e) A person diagnosed as having acquired immunodeficiency syndrome.
(f) A person receiving special education services through the local intermediate
school district.
(g) A caretaker of a disabled person who meets the requirements specified in
subdivision (a), (b), (e), or (f).
(2) Applicants for and recipients of the state disability assistance program
shall be considered needy if they:
(a) Meet the same asset test as is applied for the family independence program.
(b) Have a monthly budgetable income that is less than the payment standards.
(3) Except for a person described in subsection (1)(c) or (d), a person is not
disabled for purposes of this section if his or her drug addiction or alcoholism is a
contributing factor material to the determination of disability. "Material to the
determination of disability" means that, if the person stopped using drugs or alcohol,
his or her remaining physical or mental limitations would not be disabling. If his or
her remaining physical or mental limitations would be disabling, then the drug
addiction or alcoholism is not material to the determination of disability and the
person may receive state disability assistance. Such a person must actively
participate in a substance abuse treatment program, and the assistance must be paid to
a third party or through vendor payments. For purposes of this section, substance
abuse treatment includes receipt of inpatient or outpatient services or participation
in alcoholics anonymous or a similar program.
Sec. 8-605. The level of reimbursement provided to state disability assistance
recipients in licensed adult foster care facilities shall be the same as the
prevailing supplemental security income rate under the personal care category.
Sec. 8-606. County department offices shall require each recipient of family
independence program and state disability assistance who has applied with the social
security administration for supplemental security income to sign a contract to repay
any assistance rendered through the family independence program or state disability
assistance program upon receipt of retroactive supplemental security income benefits.
Sec. 8-607. (1) The department's ability to satisfy appropriation deductions in
part 1 for state disability assistance/supplemental security income recoveries and
public assistance recoupment revenues shall not be limited to recoveries and accruals
pertaining to state disability assistance, or family independence assistance grant
payments provided only in the current fiscal year, but may include revenues collected
during the current year that are prior year related and not a part of the department's
accrued entries.
(2) The department may use supplemental security income recoveries to satisfy the
deduct in any line in which the revenues are appropriated, regardless of the source
from which the revenue is recovered.
Sec. 8-608. Adult foster care facilities providing domiciliary care or personal
care to residents receiving supplemental security income or homes for the aged serving
residents receiving supplemental security income shall not require those residents to
reimburse the home or facility for care at rates in excess of those legislatively
authorized. To the extent permitted by federal law, adult foster care facilities and
homes for the aged serving residents receiving supplemental security income shall not
be prohibited from accepting third-party payments in addition to supplemental security
income if the payments are not for food, clothing, shelter, or result in a reduction
in the recipient's supplemental security income payment.
Sec. 8-609. The state supplementation level under the supplemental security
income program for the personal care/adult foster care and home for the aged
categories shall not be reduced during the current fiscal year. The legislature shall
be notified not less than 30 days before any proposed reduction in the state
supplementation level.
Sec. 8-610. (1) In developing good cause criteria for the state emergency relief
program, the department shall grant exemptions if the emergency resulted from
unexpected expenses related to maintaining or securing employment.
(2) For purposes of determining housing affordability eligibility for state
emergency relief, a group is considered to have sufficient income to meet ongoing
housing expenses if their total housing obligation does not exceed 75% of their total
net income.
(3) State emergency relief payments shall not be made to individuals who have
been found guilty of fraud in regard to obtaining public assistance.
(4) State emergency relief payments shall not be made available to persons who
are out-of-state residents or illegal immigrants.
(5) State emergency relief payments for rent assistance shall be distributed
directly to landlords and shall not be added to Michigan bridge cards.
Sec. 8-611. The state supplementation level under the supplemental security
income program for the living independently or living in the household of another
categories shall not exceed the minimum state supplementation level as required under
federal law or regulations.
Sec. 8-613. (1) The department shall provide reimbursements for the final
disposition of indigent persons. The reimbursements shall include the following:
(a) The maximum allowable reimbursement for the final disposition is $800.00.
(b) The adult burial with services allowance is $725.00.
(c) The adult burial without services allowance is $490.00.
(d) The infant burial allowance is $170.00.
(2) Reimbursement for a cremation permit fee of up to $75.00 and for mileage at
the standard rate will be made available for an eligible cremation. The reimbursements
under this section shall take into consideration religious preferences that prohibit
cremation.
Sec. 8-614. The department shall report to the senate and house of
representatives appropriations subcommittees on the department budget, the senate and
house fiscal agencies, and the senate and house policy offices by January 15 of the
current fiscal year on the number and percentage of state disability assistance
recipients who were determined to be eligible for federal supplemental security income
benefits in the previous fiscal year.
Sec. 8-615. Except as required by federal law or regulations, funds appropriated
in part 1 shall not be used to provide public assistance to a person who is an illegal
alien. This section shall not prohibit the department from entering into contracts
with food banks, emergency shelter providers, or other human services agencies who
may, as a normal part of doing business, provide food or emergency shelter.
Sec. 8-616. The department shall require retailers that participate in the
electronic benefits transfer program to charge no more than $2.50 in fees for cash
back as a condition of participation.
Sec. 8-618. By March 1 of the current fiscal year, the department shall report to
the senate and house appropriations subcommittees on the department budget, the senate
and house fiscal agencies, the senate and house policy offices, and the state budget
office the quarterly numbers of supervised individuals who have absconded from
supervision and whom a law enforcement agency or the department is actively seeking
per section 84 of the corrections code of 1953, 1953 PA 232, MCL 791.284.
Sec. 8-619. (1) Subject to subsection (2), the department shall not deny title
IV-A assistance and food assistance benefits under 21 USC 862a to any individual who
has been convicted of a single felony that included the possession, use, or
distribution of a controlled substance, for which the act that resulted in the
conviction occurred after August 22, 1996, if the individual is not in violation of
his or her probation or parole requirements. Benefits shall be provided to such
individuals, if the individual is the grantee (head of household), as follows:
(a) FIP benefits must be paid in the form of restricted payments when the grantee
has been convicted, for conduct occurring after August 22, 1996, of a felony the use,
possession, or distribution of controlled substances. Use a protective payee, if
possible. If a protective payee cannot be found, use vendor payments for shelter to
the extent possible.
(b) An authorized representative shall be required for food assistance receipt.
If the individual with the conviction was not the grantee, the assistance shall
go to the grantee.
(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 felony acts that
included the possession, use, or distribution of a controlled substance where both
acts occurred after August 22, 1996.
Sec. 8-620. (1) The department shall make a determination of Medicaid eligibility
not later than 90 days if disability is an eligibility factor. For all other Medicaid
applicants, including patients of a nursing home, the department shall make a
determination of Medicaid eligibility within 45 days of application.
(2) The department shall report on a quarterly basis to the senate and house
appropriations subcommittees on the department budget, the senate and house standing
committees on families and human services, the senate and house fiscal agencies, the
senate and house policy offices, and the state budget office on the average Medicaid
eligibility standard of promptness for each of the required standards of promptness
under subsection (1) and for medical review team reviews achieved statewide and at
each local office.
Sec. 8-645. An individual or family is considered homeless, for purposes of
eligibility for state emergency relief, if living temporarily with others in order to
escape domestic violence. For purposes of this section, domestic violence is defined
and verified in the same manner as in the department's policies on good cause for not
cooperating with child support and paternity requirements.
Sec. 8-653. From the funds appropriated in part 1 for food assistance, an
individual who is the victim of domestic violence and does not qualify for any other
exemption may be exempt from the 3-month in 36-month limit on receiving food
assistance under 7 USC 2015. This exemption can be extended an additional 3 months
upon demonstration of continuing need.
Sec. 8-654. The department shall notify recipients of food assistance program
benefits that their benefits can be spent with their bridge cards at many farmers'
markets in the state. The department shall also notify recipients about the Double Up
Food Bucks program that is administered by the Fair Food Network. Recipients shall
receive information about the Double Up Food Bucks program, including information that
when the recipient spends $20.00 at participating farmers' markets through the
program, the recipient can receive an additional $20.00 to buy Michigan produce.
Sec. 8-655. Within 14 days after the spending plan for low-income home energy
assistance program is approved by the state budget office, the department shall
provide the spending plan, including itemized projected expenditures, to the
chairpersons of the senate and house appropriations subcommittees on the department
budget, the senate and house fiscal agencies, the senate and house policy offices, and
the state budget office.
Sec. 8-660. From the funds appropriated in part 1 for Food Bank Council of
Michigan, the department is authorized to make allocations of TANF funds only to the
agencies that report necessary data to the department for the purpose of meeting TANF
eligibility reporting requirements. The agencies that do not report necessary data to
the department for the purpose of meeting TANF eligibility reporting requirements will
not receive allocations in excess of those received in fiscal year 2000. The use of
TANF funds under this section is not an ongoing commitment of funding.
Sec. 8-669. 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. 8-672. (1) The department's office of inspector general shall report to the
senate and house of representatives appropriations subcommittees on the department
budget, the senate and house fiscal agencies, and the senate and house policy offices
by February 15 of the current fiscal year on department efforts to reduce
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. The
report shall distinguish between savings and cost avoidance. Savings include
receivables established from instances of fraud committed. Cost avoidance includes
expenditures avoided due to front-end eligibility investigations and other preemptive
actions undertaken in the prevention of fraud.
(2) It shall be the policy of the department that the department shall require an
explanation from a recipient if a bridge card is replaced more than 2 times over any
3-month period.
(3) As used in this section, "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. 8-677. (1) The department shall establish a state goal for the percentage of
family independence program cases involved in employment activities. The percentage
established shall not be less than 50%. The goal for long-term employment shall be 15%
of cases for 6 months or more.
(2) On a quarterly basis, the department shall report to the senate and house
appropriations subcommittees on the department budget, the senate and house fiscal
agencies and policy offices, and the state budget director on the number of cases
referred to Partnership. Accountability. Training. Hope. (PATH), the current
percentage of family independence program cases involved in PATH employment
activities, an estimate of the current percentage of family independence program cases
that meet federal work participation requirements on the whole, and an estimate of the
current percentage of the family independence program cases that meet federal work
participation requirements for those cases referred to PATH.
(3) The department shall submit to the senate and house appropriations
subcommittees on the department budget, the senate and house fiscal agencies, the
senate and house policy offices, and the state budget office a quarterly report that
includes all of the following:
(a) The number and percentage of nonexempt family independence program recipients
who are employed.
(b) The average and range of wages of employed family independence program
recipients.
(c) The number and percentage of employed family independence program recipients
who remain employed for 6 months or more.
Sec. 8-686. (1) The department shall ensure that program policy requires
caseworkers to confirm that individuals presenting personal identification issued by
another state seeking assistance through the family independence program, food
assistance program, state disability assistance program, or medical assistance program
are not receiving benefits from any other state.
(2) The department shall require caseworkers to confirm the address provided by
any individual seeking family independence program benefits or state disability
assistance benefits.
(3) The department shall prohibit individuals with property assets assessed at a
value higher than $200,000.00 from accessing assistance through department-
administered programs, unless such a prohibition would violate federal rules and
guidelines.
(4) The department shall require caseworkers to obtain an up-to-date telephone
number during the eligibility determination or redetermination process for individuals
seeking medical assistance benefits.
Sec. 8-687. (1) The department shall, on a quarterly basis by February 1, May 1,
August 1, and November 1, compile and make available on its website all of the
following information about the family independence program, state disability
assistance, the food assistance program, Medicaid, and state emergency relief:
(a) The number of applications received.
(b) The number of applications approved.
(c) The number of applications denied.
(d) The number of applications pending and neither approved nor denied.
(e) The number of cases opened.
(f) The number of cases closed.
(g) The number of cases at the beginning of the quarter and the number of cases
at the end of the quarter.
(2) The information provided under subsection (1) shall be compiled and made
available for the state as a whole and for each county and reported separately for
each program listed in subsection (1).
(3) The department shall, on a quarterly basis by February 1, May 1, August 1,
and November 1, compile and make available on its website the family independence
program information listed as follows:
(a) The number of new applicants who successfully met the requirements of the 21-
day assessment period for PATH.
(b) The number of new applicants who did not meet the requirements of the 21-day
assessment period for PATH.
(c) The number of cases sanctioned because of the school truancy policy.
(d) The number of cases closed because of the 48-month and 60-month lifetime
limits.
(e) The number of first-, second-, and third-time sanctions.
(f) The number of children ages 0-5 living in FIP-sanctioned households.
Sec. 8-688. From the funds appropriated in part 1 for the low-income home energy
assistance program, an additional $20.01 payment shall be made to food assistance
program cases that are not currently eligible for the standard utility allowance to
enable these cases to receive expanded food assistance benefits through the program
commonly known as the heat and eat program.
CHILDREN'S SERVICES AGENCY - JUVENILE JUSTICE
Sec. 8-701. Unless required from changes to federal or state law or at the
request of a provider, the department shall not alter the terms of any signed contract
with a private residential facility serving children under state or court supervision
without written consent from a representative of the private residential facility.
Sec. 8-706. Counties shall be subject to 50% chargeback for the use of
alternative regional detention services, if those detention services do not fall under
the basic provision of section 117e of the social welfare act, 1939 PA 280, MCL
400.117e, or if a county operates those detention services programs primarily with
professional rather than volunteer staff.
Sec. 8-707. In order to be reimbursed for child care fund expenditures, counties
are required to submit department-developed reports to enable the department to
document potential federally claimable expenditures. This requirement is in accordance
with the reporting requirements specified in section 117a(7) of the social welfare
act, 1939 PA 280, MCL 400.117a.
Sec. 8-708. (1) As a condition of receiving funds appropriated in part 1 for the
child care fund line item, by December 15 of the current fiscal year, counties shall
have an approved service spending plan for the current fiscal year. Counties must
submit the service spending plan to the department by August 15 of the previous fiscal
year for approval. Upon submission of the county service spending plan, the department
shall approve within 30 calendar days after receipt of a properly completed service
plan that complies with the requirements of the social welfare act, 1939 PA 280, MCL
400.1 to 400.119b. The department shall notify and submit county service spending plan
revisions to any county whose county service spending plan is not accepted upon
initial submission. The department shall notify a county within 30 days after approval
that its service plan was approved.
(2) Counties must submit amendments to current fiscal year county service plans
no later than August 30. Counties must submit current fiscal year payable estimates to
the department no later than September 15.
(3) The department shall submit a report to the house and senate appropriations
subcommittees on the department budget, the house and senate fiscal agencies, the
house and senate policy offices, and the state budget office by February 15 of the
current fiscal year on the number of counties that fail to submit a service spending
plan by October 1 and the number of service spending plans not approved by December
15. The report shall include the number of county service spending plans that were not
approved as first submitted by the counties, as well as the number of plans that were
not approved by the department after being resubmitted by the county with the first
revisions that were requested by the department.
Sec. 8-709. The department's master contract for juvenile justice residential
foster care services shall prohibit contractors from denying a referral for placement
of a youth, or terminating a youth's placement, if the youth's assessed treatment
needs are in alignment with the facility's residential program type, as identified by
the court or the department. In addition, the master contract shall require that youth
placed in juvenile justice residential foster care facilities must have regularly
scheduled treatment sessions with a licensed psychologist or psychiatrist, or both,
and access to the licensed psychologist or psychiatrist as needed.
FIELD OPERATIONS AND SUPPORT SERVICES
Sec. 8-801. (1) Funds appropriated in part 1 for independent living shall be used
to support the general operations of centers for independent living in delivering
mandated independent living services in compliance with federal rules and regulations
for the centers, by existing centers for independent living to serve underserved
areas, and for projects to build the capacity of centers for independent living to
deliver independent living services. Applications for the funds shall be reviewed in
accordance with criteria and procedures established by the department. The funds
appropriated in part 1 may be used to leverage federal vocational rehabilitation
innovation and expansion funds consistent with 34 CFR 361.35 up to $5,543,000.00, if
available. If the possibility of matching federal funds exists, the centers for
independent living network will negotiate a mutually beneficial contractual
arrangement with Michigan rehabilitation services. Funds shall be used in a manner
consistent with the state plan for independent living. Services provided should assist
people with disabilities to move toward self-sufficiency, including support for
accessing transportation and health care, obtaining employment, community living,
nursing home transition, information and referral services, education, youth
transition services, veterans, and stigma reduction activities and community
education. This includes the independent living guide project that specifically
focuses on economic self-sufficiency.
(2) The Michigan centers for independent living shall provide a report by March 1
of the current fiscal year to the house and senate appropriations subcommittees on the
department budget, the house and senate fiscal agencies, the house and senate policy
offices, and the state budget office on direct customer and system outcomes and
performance measures.
Sec. 8-802. The Michigan rehabilitation services shall work collaboratively with
the bureau of services for blind persons, service organizations, and government
entities to identify qualified match dollars to maximize use of available federal
vocational rehabilitation funds.
Sec. 8-803. The department shall provide an annual report by February 1 to the
house and senate appropriations subcommittees on the department budget, the house and
senate fiscal agencies, the house and senate policy offices, and the state budget
office on efforts taken to improve the Michigan rehabilitation services. The report
shall include all of the following items:
(a) Reductions and changes in administration costs and staffing.
(b) Service delivery plans and implementation steps achieved.
(c) Reorganization plans and implementation steps achieved.
(d) Plans to integrate Michigan rehabilitative services programs into other
services provided by the department.
(e) Quarterly expenditures by major spending category.
(f) Employment and job retention rates from both Michigan rehabilitation services
and its nonprofit partners.
(g) Success rate of each district in achieving the program goals.
Sec. 8-804. (1) From the funds appropriated in part 1 for Michigan rehabilitation
services, the department shall allocate $50,000.00 along with available federal match
to support the provision of vocational rehabilitation services to eligible
agricultural workers with disabilities. Authorized services shall assist agricultural
workers with disabilities in acquiring or maintaining quality employment and
independence.
(2) By March 1 of the current fiscal year, the department shall report to the
senate and house appropriations subcommittees on the department budget, the senate and
house fiscal agencies, the senate and house policy offices, and the state budget
office on the total number of clients served and the total amount of federal matching
funds obtained throughout the duration of the program.
Sec. 8-806. From the funds appropriated in part 1 for Michigan rehabilitation
services, the department shall allocate $6,100,300.00, including federal matching
funds, to service authorizations with community-based rehabilitation organizations for
an array of needed services throughout the rehabilitation process.
Sec. 8-807. From the funds appropriated in part 1 for Elder Law of Michigan
MiCAFE contract, the department shall allocate not less than $350,000.00 to the Elder
Law of Michigan MiCAFE to assist this state's elderly population in participating in
the food assistance program. Of the $350,000.00 allocated under this section, the
department shall use $175,000.00, which are general fund/general purpose funds, as
state matching funds for not less than $175,000.00 in United States Department of
Agriculture funding to provide outreach program activities, such as eligibility
screening and information services, as part of a statewide food assistance hotline.
Sec. 8-808. By March 1 of the current fiscal year, the department shall provide a
report to the senate and house appropriations subcommittees on the department budget,
the senate and house fiscal agencies, the senate and house policy offices, and the
state budget office on the nutrition education program. The report shall include
planned allocation and actual expenditures for the supplemental nutrition assistance
program education funding, planned and actual grant amounts for the supplemental
nutrition assistance program education funding, the total amount of expected
carryforward balance at the end of the current fiscal year for the supplemental
nutrition assistance program education funding, a list of all supplemental nutrition
assistance program education funding programs by implementing agency, and the stated
purpose of each program.
Sec. 8-809. The purpose of the pathways to potential program is to reduce chronic
absenteeism by 10%, decrease the number of students who repeat grades, decrease the
rate of dropouts, and increase graduation for schools that are current participants in
the pathways to potential program. The funding priority for the pathways to potential
program shall be based on schools requiring assistance in meeting these performance
outcomes.
Sec. 8-825. From the funds appropriated in part 1, the department shall provide
individuals not more than $500.00 for vehicle repairs, including any repairs done in
the previous 12 months. However, the department may in its discretion pay for repairs
up to $900.00. Payments under this section shall include the combined total of
payments made by the department and work participation program.
Sec. 8-850. (1) The department shall maintain out-stationed eligibility
specialists in community-based organizations, community mental health agencies,
nursing homes, adult placement and independent living settings, federally qualified
health centers, and hospitals unless a community-based organization, community mental
health agency, nursing home, adult placement and independent living setting, federally
qualified health centers, or hospital requests that the program be discontinued at its
facility.
(2) From the funds appropriated in part 1 for donated funds positions, the
department shall enter into contracts with agencies that are able and eligible under
federal law to provide the required matching funds for federal funding, as determined
by federal statute and regulations.
(3) A contract for an assistance payments donated funds position must include,
but not be limited to, the following performance metrics:
(a) Meeting a standard of promptness for processing applications for Medicaid and
other public assistance programs under state law.
(b) Meeting required standards for error rates in determining programmatic
eligibility as determined by the department.
(4) The department shall only fill additional donated funds positions after a new
contract has been signed. That position shall also be abolished when the contract
expires or is terminated.
(5) The department shall classify as limited-term FTEs any new employees who are
hired to fulfill the donated funds position contracts or are hired to fill any
vacancies from employees who transferred to a donated funds position.
(6) By March 1 of the current fiscal year, the department shall submit a report
to the senate and house appropriations subcommittees on the department budget, the
senate and house fiscal agencies and policy offices, and the state budget office
detailing information on the donated funds positions, including the total number of
occupied positions, the total private contribution of the positions, and the total
cost to the state for any nonsalary expenditure for the donated funds position
employees.
Sec. 8-851. PA 107 of 2017 included a staffing enhancement for adult services
field staff. The goal of the investment is to reduce the number of older adults who
are victims of crime and fraud by increasing the standard of promptness in every
county, as measured by commencing an investigation within 24 hours, establishing face-
to-face contact with the client within 72 hours, and completing the investigation
within 30 days.
BEHAVIORAL HEALTH PROGRAM ADMINISTRATION AND SPECIAL PROJECTS
Sec. 8-901. Except for the pilot projects and demonstration models described in
section 298 of this part, the funds appropriated in part 1 are intended to support a
system of comprehensive community mental health services under the full authority and
responsibility of local CMHSPs or PIHPs in accordance with the mental health code,
1974 PA 258, MCL 330.1001 to 330.2106, the Medicaid provider manual, federal Medicaid
waivers, and all other applicable federal and state laws.
Sec. 8-902. (1) Except for the pilot projects and demonstration models described
in section 298 of this part, from the funds appropriated in part 1, final
authorizations to CMHSPs or PIHPs shall be made upon the execution of contracts
between the department and CMHSPs or PIHPs. The contracts shall contain an approved
plan and budget as well as policies and procedures governing the obligations and
responsibilities of both parties to the contracts. Each contract with a CMHSP or PIHP
that the department is authorized to enter into under this subsection shall include a
provision that the contract is not valid unless the total dollar obligation for all of
the contracts between the department and the CMHSPs or PIHPs entered into under this
subsection for the current fiscal year does not exceed the amount of money
appropriated in part 1 for the contracts authorized under this subsection.
(2) The department shall immediately report to the senate and house
appropriations subcommittees on the department budget, the senate and house fiscal
agencies, and the state budget director if either of the following occurs:
(a) Any new contracts the department has entered into with CMHSPs or PIHPs that
would affect rates or expenditures.
(b) Any amendments to contracts the department has entered into with CMHSPs or
PIHPs that would affect rates or expenditures.
(3) The report required by subsection (2) shall include information about the
changes and their effects on rates and expenditures.
Sec. 8-904. (1) By May 31 of the current fiscal year, the department shall
provide a report on the CMHSPs, PIHPs, and designated regional entities for substance
use disorder prevention and treatment to the members of the house and senate
appropriations subcommittees on the department budget, the house and senate fiscal
agencies, and the state budget director that includes the information required by this
section.
(2) The report shall contain information for each CMHSP, PIHP, designated
regional entity for substance use disorder prevention and treatment, and a statewide
summary, each of which shall include at least the following information:
(a) A demographic description of service recipients that, minimally, shall
include reimbursement eligibility, client population, age, ethnicity, housing
arrangements, and diagnosis.
(b) Per capita expenditures in total and by client population group and cultural
and ethnic groups of the services area, including the deaf and hard of hearing
population.
(c) Financial information that, minimally, includes a description of funding
authorized; expenditures by diagnosis group, service category, and reimbursement
eligibility; and cost information by Medicaid, Healthy Michigan plan, state
appropriated non-Medicaid mental health services, local funding, and other fund
sources, including administration and funds specified for all outside contracts for
services and products. Financial information must include the amount of funding, from
each fund source, used to cover clinical services and supports. Service category
includes all department-approved services.
(d) Data describing service outcomes that include, but are not limited to, an
evaluation of consumer satisfaction, consumer choice, and quality of life concerns
including, but not limited to, housing and employment.
(e) Information about access to CMHSPs and designated regional entities for
substance use disorder prevention and treatment that includes, but is not limited to,
the following:
(i) The number of people receiving requested services.
(ii) The number of people who requested services but did not receive services.
(f) The number of second opinions requested under the mental health code, 1974 PA
258, MCL 330.1001 to 330.2106, and the determination of any appeals.
(g) Lapses and carryforwards during the immediately preceding fiscal year for
CMHSPs, PIHPs, and designated regional entities for substance use disorder prevention
and treatment.
(h) Performance indicator information required to be submitted to the department
in the contracts with CMHSPs, PIHPs, and designated regional entities for substance
use disorder prevention and treatment.
(i) Administrative expenditures of each CMHSP, PIHP, and designated regional
entity for substance use disorder prevention and treatment that 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 report shall contain the following information from the prior fiscal year
on substance use disorder prevention, education, and treatment programs:
(a) Expenditures stratified by department-designated community mental health
entity, by central diagnosis and referral agency, by fund source, by subcontractor, by
population served, and by service type.
(b) Expenditures per state client, with data on the distribution of expenditures
reported using a histogram approach.
(c) Number of services provided by central diagnosis and referral agency, by
subcontractor, and by service type. Additionally, data on length of stay, referral
source, and participation in other state programs.
(d) Collections from other first- or third-party payers, private donations, or
other state or local programs, by department-designated community mental health
entity, by subcontractor, by population served, and by service type.
(4) The department shall include data reporting requirements listed in
subsections (2) and (3) in the annual contract with each individual CMHSP, PIHP, and
designated regional entity for substance use disorder treatment and prevention.
(5) The department shall take all reasonable actions to ensure that the data
required are complete and consistent among all CMHSPs, PIHPs, and designated regional
entities for substance use disorder prevention and treatment.
Sec. 8-905. (1) From the funds appropriated in part 1 for behavioral health
program administration, the department shall maintain a psychiatric transitional unit
and children's behavioral action team. These services will augment the continuum of
behavioral health services for high-need youth and provide additional continuity of
care and transition into supportive community-based services.
(2) Outcomes and performance measures for this initiative include, but are not
limited to, the following:
(a) The rate of rehospitalization for youth served through the program at 30 and
180 days.
(b) Measured change in the Child and Adolescent Functional Assessment Scale for
children served through the program.
Sec. 8-906. (1) The funds appropriated in part 1 for the state disability
assistance substance use disorder services program shall be used to support per diem
room and board payments in substance use disorder residential facilities. Eligibility
of clients for the state disability assistance substance use disorder services program
shall include needy persons 18 years of age or older, or emancipated minors, who
reside in a substance use disorder treatment center.
(2) The department shall reimburse all licensed substance use disorder programs
eligible to participate in the program at a rate equivalent to that paid by the
department to adult foster care providers. Programs accredited by department-approved
accrediting organizations shall be reimbursed at the personal care rate, while all
other eligible programs shall be reimbursed at the domiciliary care rate.
Sec. 8-907. (1) The amount appropriated in part 1 for community substance use
disorder prevention, education, and treatment shall be expended to coordinate care and
services provided to individuals with severe and persistent mental illness and
substance use disorder diagnoses.
(2) The department shall approve managing entity fee schedules for providing
substance use disorder services and charge participants in accordance with their
ability to pay.
(3) The managing entity shall continue current efforts to collaborate on the
delivery of services to those clients with mental illness and substance use disorder
diagnoses with the goal of providing services in an administratively efficient manner.
Sec. 8-909. From the funds appropriated in part 1 for community substance use
disorder prevention, education, and treatment, the department shall use available
revenue from the marihuana regulatory fund established in section 604 of the medical
marihuana facilities licensing act, 2016 PA 281, MCL 333.27604, to improve physical
health; expand access to substance use disorder prevention and treatment services; and
strengthen the existing prevention, treatment, and recovery systems.
Sec. 8-910. The department shall ensure that substance use disorder treatment is
provided to applicants and recipients of public assistance through the department who
are required to obtain substance use disorder treatment as a condition of eligibility
for public assistance.
Sec. 8-911. (1) The department shall ensure that each contract with a CMHSP or
PIHP requires the CMHSP or PIHP to implement programs to encourage diversion of
individuals with serious mental illness, serious emotional disturbance, or
developmental disability from possible jail incarceration when appropriate.
(2) Each CMHSP or PIHP shall have jail diversion services and shall work toward
establishing working relationships with representative staff of local law enforcement
agencies, including county prosecutors' offices, county sheriffs' offices, county
jails, municipal police agencies, municipal detention facilities, and the courts.
Written interagency agreements describing what services each participating agency is
prepared to commit to the local jail diversion effort and the procedures to be used by
local law enforcement agencies to access mental health jail diversion services are
strongly encouraged.
Sec. 8-915. By March 1 of the current fiscal year, the department shall report
the following information on the mental health and wellness commission 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:
(1) Previous fiscal year expenditures by actionable recommendation of the mental
health and wellness commission.
(2) Programs utilized during the previous fiscal year to address each actionable
recommendation of the mental health and wellness commission.
(3) Outcomes and performance measures achieved during the previous fiscal year by
actionable recommendation of the mental health and wellness commission.
(4) Current fiscal year funding by actionable recommendation of the mental health
and wellness commission.
(5) Current fiscal year funding by program utilized to address each actionable
recommendation of the mental health and wellness commission.
(6) Funding within the executive budget proposal for the fiscal year ending
September 30, 2020, by actionable recommendation of the mental health and wellness
commission by April 1 of the current fiscal year.
Sec. 8-918. On or before the twenty-fifth of each month, the department shall
report to the senate and house appropriations subcommittees on the department budget,
the senate and house fiscal agencies, and the state budget director on the amount of
funding paid to PIHPs to support the Medicaid managed mental health care program in
the preceding month. The information shall include the total paid to each PIHP, per
capita rate paid for each eligibility group for each PIHP, and number of cases in each
eligibility group for each PIHP, and year-to-date summary of eligibles and
expenditures for the Medicaid managed mental health care program.
Sec. 8-920. As part of the Medicaid rate-setting process for behavioral health
services, the department shall work with PIHP network providers and actuaries to
include any state and federal wage and compensation increases that directly impact
staff who provide Medicaid-funded community living supports, personal care services,
respite services, skill-building services, and other similar supports and services as
part of the Medicaid rate.
Sec. 8-928. Each PIHP shall provide, from internal resources, local funds to be
used as a part of the state match required under the Medicaid program in order to
increase capitation rates for PIHPs. These funds shall not include either state funds
received by a CMHSP for services provided to non-Medicaid recipients or the state
matching portion of the Medicaid capitation payments made to a PIHP.
Sec. 8-935. A county required under the provisions of the mental health code,
1974 PA 258, MCL 330.1001 to 330.2106, to provide matching funds to a CMHSP for mental
health services rendered to residents in its jurisdiction shall pay the matching funds
in equal installments on not less than a quarterly basis throughout the fiscal year,
with the first payment being made by October 1 of the current fiscal year.
Sec. 8-940. (1) According to section 236 of the mental health code, 1974 PA 258,
MCL 330.1236, the department shall do both of the following:
(a) Review expenditures for each CMHSP to identify CMHSPs with projected
allocation surpluses and to identify CMHSPs with projected allocation shortfalls. The
department shall encourage the board of a CMHSP with a projected allocation surplus to
concur with the department's recommendation to reallocate those funds to CMHSPs with
projected allocation shortfalls.
(b) Withdraw unspent funds that have been allocated to a CMHSP if other
reallocated funds were expended in a manner not provided for in the approved contract,
including expending funds on services and programs provided to individuals residing
outside of the CMHSP's geographic region.
(2) A CMHSP that has its funding allocation transferred out or withdrawn during
the current fiscal year as described in subsection (1) is not eligible for any
additional funding reallocations during the remainder of the current fiscal year,
unless that CMHSP is responding to a public health emergency as determined by the
department.
(3) CMHSPs shall report to the department on any proposed reallocations described
in this section at least 30 days before any reallocations take effect.
(4) The department shall notify the chairs of the appropriation subcommittees on
the department budget when a request is made and when the department grants approval
for reallocation or withdraw as described in subsection (1). By September 30 of the
current fiscal year, the department shall provide a report on the amount of funding
reallocated or withdrawn to the senate and house appropriation subcommittees on the
department budget, the senate and house fiscal agencies, the senate and house policy
offices, and the state budget office.
Sec. 8-942. A CMHSP shall provide at least 30 days' notice before reducing,
terminating, or suspending services provided by a CMHSP to CMHSP clients, with the
exception of services authorized by a physician that no longer meet established
criteria for medical necessity.
Sec. 8-958. Medicaid services shall include treatment for autism spectrum
disorders as defined in the federally approved Medicaid state plan. These services may
be coordinated with the Medicaid health plans and the Michigan Association of Health
Plans.
Sec. 8-995. From the funds appropriated in part 1 for behavioral health program
administration, $4,350,000.00 is intended to address the recommendations of the mental
health diversion council.
Sec. 8-997. The population data used in determining the distribution of substance
use disorder block grant funds shall be from the most recent federal census.
Sec. 8-998. For distribution of state general funds to CMHSPs, if the department
decides to use census data, the department shall use the most recent federal census
data available.
BEHAVIORAL HEALTH SERVICES
Sec. 8-1003. The department shall notify the Community Mental Health Association
of Michigan when developing policies and procedures that will impact PIHPs or CMHSPs.
Sec. 8-1004. The department shall provide the senate and house appropriations
subcommittee on the department budget, the senate and house fiscal agencies, and the
state budget office any rebased formula changes to either Medicaid behavioral health
services or non-Medicaid mental health services 90 days before implementation. The
notification shall include a table showing the changes in funding allocation by PIHP
for Medicaid behavioral health services or by CMHSP for non-Medicaid mental health
services.
Sec. 8-1005. For the purposes of special projects involving high-need children or
adults, including the not guilty by reason of insanity population, the department may
contract directly with providers of services to these identified populations.
Sec. 8-1008. The PIHPs and CMHSPs shall do all of the following:
(a) Work to reduce administration costs by ensuring that responsible functions
are efficient in allowing optimal transition of dollars to those direct services
considered most effective in assisting individuals served. Any consolidation of
administrative functions must be demonstrated by independent analysis, a reduction in
dollars spent on administration resulting in greater dollars spent on direct services.
Savings resulting from increased efficiencies shall not be applied to net assets,
internal service fund increases, building costs, increases in the number of PIHP
personnel, or other areas not directly related to the delivery of improved services.
(b) Take an active role in managing mental health care by ensuring consistent and
high-quality service delivery throughout its network and promote a conflict-free care
management environment.
(c) Ensure that direct service rate variances are related to the level of need or
other quantifiable measures to ensure that the most money possible reaches direct
services.
(d) Whenever possible, promote fair and adequate direct care reimbursement,
including fair wages for direct service workers.
Sec. 8-1009. (1) Each PIHP shall report to the department by February 1 of the
current fiscal year the range of wages paid to direct care workers, including
information on the number of workers at each wage level.
(2) The department shall report the information required to be reported according
to subsection (1) to the senate and house appropriations subcommittees on the
department budget, the senate and house fiscal agencies, the senate and house policy
offices, and the state budget office by March 1 of the current fiscal year.
Sec. 8-1010. From the funds appropriated in part 1 for behavioral health program
administration, up to $2,000,000.00 shall be allocated to address the implementation
of court-ordered assisted outpatient treatment as provided under chapter 4 of the
mental health code, 1974 PA 258, MCL 330.1400 to 330.1490.
STATE PSYCHIATRIC HOSPITALS AND FORENSIC MENTAL HEALTH SERVICES
Sec. 8-1051. The department shall continue a revenue recapture project to
generate additional revenues from third parties related to cases that have been closed
or are inactive. A portion of revenues collected through project efforts may be used
for departmental costs and contractual fees associated with these retroactive
collections and to improve ongoing departmental reimbursement management functions.
Sec. 8-1052. The purpose of gifts and bequests for patient living and treatment
environments is to use additional private funds to provide specific enhancements for
individuals residing at state-operated facilities. Use of the gifts and bequests shall
be consistent with the stipulation of the donor. The expected completion date for the
use of gifts and bequests donations is within 3 years unless otherwise stipulated by
the donor.
Sec. 8-1055. (1) The department shall not implement any closures or
consolidations of state hospitals, centers, or agencies until CMHSPs or PIHPs have
programs and services in place for those individuals currently in those facilities and
a plan for service provision for those individuals who would have been admitted to
those facilities.
(2) All closures or consolidations are dependent upon adequate department-
approved CMHSP and PIHP plans that include a discharge and aftercare plan for each
individual currently in the facility. A discharge and aftercare plan shall address the
individual's housing needs. A homeless shelter or similar temporary shelter
arrangements are inadequate to meet the individual's housing needs.
(3) Four months after the certification of closure required in section 19(6) of
the state employees' retirement act, 1943 PA 240, MCL 38.19, the department shall
provide a closure plan to the house and senate appropriations subcommittees on the
department budget and the state budget director.
(4) Upon the closure of state-run operations and after transitional costs have
been paid, the remaining balances of funds appropriated for that operation shall be
transferred to CMHSPs or PIHPs responsible for providing services for individuals
previously served by the operations.
Sec. 8-1056. The department may collect revenue for patient reimbursement from
first- and third-party payers, including Medicaid and local county CMHSP payers, to
cover the cost of placement in state hospitals and centers. The department is
authorized to adjust financing sources for patient reimbursement based on actual
revenues earned. If the revenue collected exceeds current year expenditures, the
revenue may be carried forward with approval of the state budget director. The revenue
carried forward shall be used as a first source of funds in the subsequent year.
Sec. 8-1058. Effective October 1 of the current fiscal year, the department, in
consultation with the department of technology, management and budget, may maintain a
bid process to identify 1 or more private contractors to provide food service and
custodial services for the administrative areas at any state hospital identified by
the department as capable of generating savings through the outsourcing of such
services.
Sec. 8-1059. The department shall identify specific outcomes and performance
measures for the center for forensic psychiatry, including, but not limited to, the
following:
(a) The average wait time for persons determined incompetent to stand trial
before admission to the center for forensic psychiatry.
(b) The average wait time for persons determined incompetent to stand trial
before admission to other state-operated psychiatric facilities.
(c) The number of persons waiting to receive services at the center for forensic
psychiatry.
(d) The number of persons waiting to receive services at other state-operated
hospitals and centers.
Sec. 8-1061. The funds appropriated in part 1 for Caro Regional Mental Health
Center shall only be utilized to support a psychiatric hospital located at its current
location unless funds are transferred in accordance with section 393 of the management
and budget act, 1984 PA 431, MCL 18.1393.
HEALTH POLICY
Sec. 8-1140. From the funds appropriated in part 1 for primary care services,
$250,000.00 shall be allocated to free health clinics operating in the state. The
department shall distribute the funds equally to each free health clinic. For the
purpose of this appropriation, "free health clinics" means nonprofit organizations
that use volunteer health professionals to provide care to uninsured individuals.
Sec. 8-1142. The department shall continue to seek means to increase retention of
Michigan medical school students for completion of their primary care residency
requirements within this state and ultimately, for some period of time, to remain in
this state and serve as primary care physicians. The department is encouraged to work
with Michigan institutions of higher education.
Sec. 8-1144. (1) From the funds appropriated in part 1 for health policy
administration, the department shall allocate the federal state innovation model grant
funding that supports implementation of the health delivery system innovations
detailed in this state's "Reinventing Michigan's Health Care System: Blueprint for
Health Innovation" document. This initiative will test new payment methodologies,
support improved population health outcomes, and support improved infrastructure for
technology and data sharing and reporting. The funds will be used to provide financial
support directly to regions participating in the model test and to support statewide
stakeholder guidance and technical support.
(2) Outcomes and performance measures for the initiative under subsection (1)
include, but are not limited to, the following:
(a) Increasing the number of physician practices fulfilling patient-centered
medical home functions.
(b) Reducing inappropriate health utilization, specifically reducing preventable
emergency department visits, reducing the proportion of hospitalizations for
ambulatory sensitive conditions, and reducing this state's 30-day hospital readmission
rate.
(3) By March 1 and September 1 of the current fiscal year, the department shall
submit a written report to the house and senate appropriations subcommittees on the
department budget, the house and senate fiscal agencies, and the state budget office
on the status of the program and progress made since the prior report.
(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 Michigan Data Collaborative shall be the data aggregator to 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. 8-1145. The department will take steps necessary to work with Indian Health
Service, tribal health program facilities, or Urban Indian Health Program facilities
that provide services under a contract with a Medicaid managed care entity to ensure
that those facilities receive the maximum amount allowable under federal law for
Medicaid services.
Sec. 8-1150. The department shall coordinate with the department of licensing and
regulatory affairs, the department of the attorney general, all appropriate law
enforcement agencies, and the Medicaid health plans to reduce fraud related to opioid
prescribing within Medicaid, and to address other appropriate recommendations of the
prescription drug and opioid abuse task force outlined in its report of October 2015.
By October 1 of the current fiscal year, the department shall submit a report to the
senate and house appropriations subcommittees on the department budget, the senate and
house fiscal agencies, the senate and house policy offices, and the state budget
office on steps the department has taken to coordinate with the entities listed in
this section and other stakeholders to reduce fraud related to opioid prescribing, and
to address other appropriate recommendations of the task force.
Sec. 8-1151. The department shall coordinate with the department of licensing and
regulatory affairs, the department of the attorney general, all appropriate law
enforcement agencies, and the Medicaid health plans to work with local substance use
disorder agencies and addiction treatment providers to help inform Medicaid
beneficiaries of all medically appropriate treatment options for opioid addiction when
their treating physician stops prescribing prescription opioid medication for pain,
and to address other appropriate recommendations of the prescription drug and opioid
abuse task force outlined in its report of October 2015. By October 1 of the current
fiscal year, the department shall submit a report to the senate and house
appropriations subcommittees on the department budget, the senate and house fiscal
agencies, the senate and house policy offices, and the state budget office on how the
department is working with local substance use disorder agencies and addiction
treatment providers to ensure that Medicaid beneficiaries are informed of all
available and medically appropriate treatment options for opioid addiction when their
treating physician stops prescribing prescription opioid medication for pain, and to
address other appropriate recommendations of the task force. The report shall include
any potential barriers to medication-assisted treatment, as recommended by the
Michigan medication-assisted treatment guidelines, for Medicaid beneficiaries in both
office-based opioid treatment and opioid treatment program facility settings.
DISEASE CONTROL, PREVENTION, AND EPIDEMIOLOGY
Sec. 8-1180. From the funds appropriated in part 1 for epidemiology
administration and for childhood lead program, the department shall maintain a public
health drinking water unit and enhance current efforts to monitor child blood lead
levels. The public health drinking water unit shall ensure that appropriate
investigations of potential health hazards occur for all community and noncommunity
drinking water supplies where chemical exceedances of action levels, health advisory
levels, or maximum contaminant limits are identified. The goals of the childhood lead
program shall include improving the identification of affected children, the
timeliness of case follow-up, and attainment of nurse case management for children
with lead exposure, and to achieve a long-term reduction in the percentage of children
in this state with elevated blood lead levels.
Sec. 8-1181. From the funds appropriated in part 1 for epidemiology
administration, the department shall maintain a vapor intrusion response unit. The
vapor intrusion response unit shall assess risks to public health at vapor intrusion
sites and respond to vapor intrusion risks where appropriate. The goals of the vapor
intrusion response unit shall include reducing the number of residents of this state
exposed to toxic substances through vapor intrusion and improving health outcomes for
individuals that are identified as having been exposed to vapor intrusion.
Sec. 8-1182. (1) From the funds appropriated in part 1 for the healthy homes
program, no less than $1,750,000.00 of general fund/general purpose funds and
$23,480,000.00 of federal funds shall be allocated for lead abatement of homes.
(2) By January 1 of the current fiscal year, the department shall provide a
report to the house and senate appropriations subcommittees on the department budget,
the house and senate fiscal agencies, and the state budget office on the expenditures
and activities undertaken by the lead abatement program in the previous fiscal year
from the funds appropriated in part 1 for the healthy homes program. The report shall
include, but is not limited to, a funding allocation schedule, expenditures by
category of expenditure and by subcontractor, revenues received, description of
program elements, and description of program accomplishments and progress.
LOCAL HEALTH AND ADMINISTRATIVE SERVICES
Sec. 8-1220. The amount appropriated in part 1 for implementation of the 1993
additions of or amendments to sections 9161, 16221, 16226, 17014, 17015, and 17515 of
the public health code, 1978 PA 368, MCL 333.9161, 333.16221, 333.16226, 333.17014,
333.17015, and 333.17515, shall be used to reimburse local health departments for
costs incurred related to implementation of section 17015(18) of the public health
code, 1978 PA 368, MCL 333.17015.
Sec. 8-1221. If a county that has participated in a district health department or
an associated arrangement with other local health departments takes action to cease to
participate in such an arrangement after October 1 of the current fiscal year, the
department shall have the authority to assess a penalty from the local health
department's operational accounts in an amount equal to no more than 6.25% of the
local health department's essential local public health services funding. This penalty
shall only be assessed to the local county that requests the dissolution of the health
department.
Sec. 8-1222. (1) Funds appropriated in part 1 for essential local public health
services shall be prospectively allocated to local health departments to support
immunizations, infectious disease control, sexually transmitted disease control and
prevention, hearing screening, vision services, food protection, public water supply,
private groundwater supply, and on-site sewage management. Food protection shall be
provided in consultation with the department of agriculture and rural development.
Public water supply, private groundwater supply, and on-site sewage management shall
be provided in consultation with the department of environmental quality.
(2) Local public health departments shall be held to contractual standards for
the services in subsection (1).
(3) Distributions in subsection (1) shall be made only to counties that maintain
local spending in the current fiscal year of at least the amount expended in fiscal
year 1992-1993 for the services described in subsection (1).
(4) By December 1 of the current fiscal year, the department shall provide a
report to the house and senate appropriations subcommittees on the department budget,
the house and senate fiscal agencies, and the state budget director on the planned
allocation of the funds appropriated for essential local public health services.
Sec. 8-1223. (1) From the funds appropriated in part 1 for dental programs,
$150,000.00 shall be allocated to the Michigan Dental Association for the
administration of a volunteer dental program that provides dental services to the
uninsured.
(2) By December 1 of the current fiscal year, the department shall report to the
senate and house appropriations subcommittees on the department budget, the senate and
house standing committees on health policy, the senate and house fiscal agencies, and
the state budget office the number of individual patients treated, number of
procedures performed, and approximate total market value of those procedures from the
previous fiscal year.
Sec. 8-1224. The department shall use revenue from mobile dentistry facility
permit fees received under section 21605 of the public health code, 1978 PA 368, MCL
333.21605, to offset the cost of the permit program.
Sec. 8-1225. The department shall work with the Michigan health endowment fund
corporation established under section 653 of the nonprofit health care corporation
reform act, 1980 PA 350, MCL 550.1653, to explore ways to fund and evaluate current
and future policies and programs.
Sec. 8-1226. From the funds appropriated in part 1 for 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. 8-1227. The department shall establish criteria for all funds allocated
under part 1 for health and wellness initiatives. The criteria must include a
requirement that all programs funded be evidence-based and supported by research,
include interventions that have been shown to demonstrate outcomes that lower cost and
improve quality, and be designed for statewide impact. Preference must be given to
programs that utilize the funding as match for additional resources including, but not
limited to, federal sources.
Sec. 8-1230. By October 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 estimated costs and timeline to implement a school-based pilot program for children
up to grade 7 that may include, but is not limited to, oral health assessments,
primary dental services, and referrals. The school-based pilot program shall track the
number of children offered and receiving services at the school sites. Program goals
shall include improving oral and physical health outcomes for children, improving
rates of children receiving dental sealants, and reduction of rates of childhood tooth
decay.
FAMILY, MATERNAL, AND CHILD HEALTH
Sec. 8-1301. (1) Before April 1 of the current fiscal year, the department shall
submit a report to the house and senate fiscal agencies and the state budget director
on planned allocations from the amounts appropriated in part 1 for local MCH services,
prenatal care outreach and service delivery support, family planning local agreements,
and pregnancy prevention programs. Using applicable federal definitions, the report
shall include information on all of the following:
(a) Funding allocations.
(b) Actual number of women, children, and adolescents served and amounts expended
for each group for the immediately preceding fiscal year.
(c) A breakdown of the expenditure of these funds between urban and rural
communities.
(2) The department shall ensure that the distribution of funds through the
programs described in subsection (1) takes into account the needs of rural
communities.
(3) For the purposes of this section, "rural" means a county, city, village, or
township with a population of 30,000 or less, including those entities if located
within a metropolitan statistical area.
Sec. 8-1302. Each family planning program receiving federal title X family
planning funds under 42 USC 300 to 300a 8 shall be in compliance with all performance
and quality assurance indicators that the office of population affairs within the
United States Department of Health and Human Services specifies in the program
guidelines for project grants for family planning services. An agency not in
compliance with the indicators shall not receive supplemental or reallocated funds.
Sec. 8-1303. The department shall not contract with an organization that provides
elective abortions, abortion counseling, or abortion referrals, for services that are
to be funded with state restricted or state general fund/general purpose funds
appropriated in part 1 for family planning local agreements. An organization under
contract with the department shall not subcontract with an organization that provides
elective abortions, abortion counseling, or abortion referrals, for services that are
to be funded with state restricted or state general fund/general purpose funds
appropriated in part 1 for family planning local agreements.
Sec. 8-1304. The department shall not use state restricted funds or state general
funds appropriated in part 1 in the pregnancy prevention program or family planning
local agreements appropriation line items for abortion counseling, referrals, or
services.
Sec. 8-1307. From the funds appropriated in part 1 for prenatal care outreach and
service delivery support, $50,000 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. 8-1308. From the funds appropriated in part 1 for prenatal care outreach and
service delivery support, not less than $500,000.00 of funding shall be allocated for
evidence-based programs to reduce infant mortality including nurse family partnership
programs. The funds shall be used for enhanced support and education to nursing teams
or other teams of qualified health professionals, client recruitment in areas
designated as underserved for obstetrical and gynecological services and other high-
need communities, strategic planning to expand and sustain programs, and marketing and
communications of programs to raise awareness, engage stakeholders, and recruit
nurses.
Sec. 8-1309. The department shall allocate funds appropriated in section 117 of
part 1 for family, maternal, and child health according to section 1 of 2002 PA 360,
MCL 333.1091.
Sec. 8-1310. The department shall continue to work jointly with the Michigan
state housing development authority and the joint task force established under article
IV of 2014 PA 252 to review housing rehabilitation, energy and weatherization, and
hazard abatement program policies and to make recommendations for integrating and
coordinating project delivery with the goals of serving more families and achieving
better outcomes by maximizing state and federal resources. The joint task force may
provide recommendations to the department. Recommendations of the joint task force
must give consideration to best practices and cost effectiveness.
Sec. 8-1311. From the funds appropriated in part 1 for prenatal care outreach and
service delivery support, equal consideration shall be given to all eligible evidence-
based providers in all regions in contracting for rural home visitation services.
Sec. 8-1313. (1) The department shall continue developing an outreach program on
fetal alcohol syndrome services, targeting health promotion, prevention, and
intervention as described in the Michigan fetal alcohol spectrum disorders 5-year plan
2015-2020.
(2) The department shall explore federal grant funding to address prevention
services for fetal alcohol syndrome and reduce alcohol consumption among pregnant
women.
Sec. 8-1314. The department shall seek to enhance education and outreach efforts
that encourage women of childbearing age to seek confirmation at the earliest
indication of possible pregnancy and initiate continuous and routine prenatal care
upon confirmation of pregnancy. The department shall seek to ensure that department
programs, policies, and practices promote prenatal and obstetrical care by doing the
following:
(a) Supporting access to care.
(b) Reducing and eliminating barriers to care.
(c) Supporting recommendations for best practices.
(d) Encouraging optimal prenatal habits such as prenatal medical visits, use of
prenatal vitamins, and cessation of use of tobacco, alcohol, or drugs.
(e) Tracking of birth outcomes to study improvements in prevalence of fetal drug
addiction, fetal alcohol syndrome, and other preventable neonatal disease.
(f) Tracking of maternal increase in healthy behaviors following childbirth.
Sec. 8-1340. The department shall include national brand peanut butter on the
list of approved women, infants, and children special supplemental nutrition program
basket items.
CHILDREN'S SPECIAL HEALTH CARE SERVICES
Sec. 8-1360. The department may do 1 or more of the following:
(a) Provide special formula for eligible clients with specified metabolic and
allergic disorders.
(b) Provide medical care and treatment to eligible patients with cystic fibrosis
who are 21 years of age or older.
(c) Provide medical care and treatment to eligible patients with hereditary
coagulation defects, commonly known as hemophilia, who are 21 years of age or older.
(d) Provide human growth hormone to eligible patients.
Sec. 8-1361. From the funds appropriated in part 1 for medical care and
treatment, the department is authorized to spend those funds for the continued
development and expansion of telemedicine capacity to allow families with children in
the children's special health care services program to access specialty providers more
readily and in a more timely manner.
AGING AND ADULT SERVICES AGENCY
Sec. 8-1402. The department may encourage the Food Bank Council of Michigan to
collaborate directly with each area agency on aging and any other organizations that
provide senior nutrition services to secure the food access of vulnerable seniors.
Sec. 8-1403. (1) By February 1 of the current fiscal year, the aging and adult
services agency shall require each region to report to the aging and adult services
agency and to the legislature home-delivered meals waiting lists based upon standard
criteria. Determining criteria shall include all of the following:
(a) The recipient's degree of frailty.
(b) The recipient's inability to prepare his or her own meals safely.
(c) Whether the recipient has another care provider available.
(d) Any other qualifications normally necessary for the recipient to receive
home-delivered meals.
(2) Data required in subsection (1) shall be recorded only for individuals who
have applied for participation in the home-delivered meals program and who are
initially determined as likely to be eligible for home-delivered meals.
Sec. 8-1417. The department shall provide to the senate and house appropriations
subcommittees on the department budget, senate and house fiscal agencies, and state
budget director a report by March 30 of the current fiscal year that contains all of
the following:
(a) The total allocation of state resources made to each area agency on aging by
individual program and administration.
(b) Detail expenditure by each area agency on aging by individual program and
administration including both state-funded resources and locally-funded resources.
Sec. 8-1421. From the funds appropriated in part 1 for community services,
$1,100,000.00 shall be allocated to area agencies on aging for locally determined
needs.
Sec. 8-1422. (1) From the funds appropriated in part 1 for aging and adult
services administration, not less than $300,000.00 shall be allocated for the
department to contract with the Prosecuting Attorneys Association of Michigan to
provide the support and services necessary to increase the capability of the state's
prosecutors, adult protective service system, and criminal justice system to
effectively identify, investigate, and prosecute elder abuse and financial
exploitation.
(2) By March 1 of the current fiscal year, the Prosecuting Attorneys Association
of Michigan shall provide a report on the efficacy of the contract to the state budget
office, the house and senate appropriations subcommittees on the department budget,
the house and senate fiscal agencies, and the house and senate policy offices.
Sec. 8-1425. The department shall coordinate with the department of licensing and
regulatory affairs to ensure that, upon receipt of the order of suspension of a
licensed adult foster care home, home for the aged, or nursing home, the department of
licensing and regulatory affairs shall provide notice to the department, to the house
and senate appropriations subcommittees on the department budget, and to the members
of the house and senate that represent the legislative districts of the county in
which the facility lies.
MEDICAL SERVICES ADMINISTRATION
Sec. 8-1501. The unexpended funds appropriated in part 1 for the electronic
health records incentive program are designated as a work project appropriation, and
any unencumbered or unallotted funds shall not lapse at the end of the fiscal year and
shall be available for expenditures for projects under this section until the projects
have been completed. The following is in compliance with section 451aof the management
and budget act, 1984 PA 431, MCL 18.1451a:
(a) The purpose of the project is to implement the Medicaid electronic health
record program that provides financial incentive payments to Medicaid health care
providers to encourage the adoption and meaningful use of electronic health records to
improve quality, increase efficiency, and promote safety.
(b) The projects will be accomplished by utilizing state employees or contracts
with service providers, or both, and according to the approved federal advanced
planning document.
(c) The total estimated cost of the project is $96,087,400.00.
(d) The tentative completion date is September 30, 2023.
Sec. 8-1505. By March 1 and September 1 of the current fiscal year, the
department shall submit a report to the senate and house appropriations subcommittees
on the department budget, the senate and house fiscal agencies, and the state budget
office including both of the following:
(a) The department's projected annual increase in reimbursement savings and cost
offsets that will result from the funds appropriated in part 1 for the office of
inspector general and third party liability efforts.
(b) The actual increase in reimbursement savings and cost offsets that have
resulted from the funds appropriated in part 1 for the office of inspector general and
third party liability efforts.
Sec. 8-1506. The department shall submit to the senate and house appropriations
subcommittees on the department budget, the senate and house fiscal agencies, the
senate and house policy offices, and the state budget office a quarterly report on the
implementation status of the public assistance call center that includes all of the
following information:
(a) Call volume during the prior quarter.
(b) Percentage of calls resolved through the public assistance call center.
(c) Percentage of calls transferred to a local department office or other office
for resolution.
(d) Number of Medicaid applications completed by the public assistance call
center staff and submitted on behalf of clients.
Sec. 8-1507. (1) From the funds appropriated for integrated service delivery in
part 1 in the technology supporting integrated service and departmental administration
and management line items, the department shall maintain new information technology
tools and enhance existing systems to improve the eligibility and enrollment process
for citizens accessing department administered programs. This information technology
system will consolidate beneficiary information, support department caseworker efforts
in building a success plan for beneficiaries, and better support department staff in
supporting enrollees in assistance programs.
(2) Outcomes and performance measures for the initiative under subsection (1)
include, but are not limited to, the following:
(a) Successful consolidation of data warehouses maintained by the department.
(b) The amount of time a department caseworker devotes to data entry when
initiating an enrollee application.
(c) A reduction in wait times for persons enrolled in assistance programs to
speak with department staff and get necessary changes made.
(d) A reduction in department caseworker workload.
MEDICAL SERVICES
Sec. 8-1601. The cost of remedial services incurred by residents of licensed
adult foster care homes and licensed homes for the aged shall be used in determining
financial eligibility for the medically needy. Remedial services include basic self-
care and rehabilitation training for a resident.
Sec. 8-1603. (1) The department may establish a program for individuals to
purchase medical coverage at a rate determined by the department.
(2) The department may receive and expend premiums for the buy-in of medical
coverage in addition to the amounts appropriated in part 1.
(3) The premiums described in this section shall be classified as private funds.
Sec. 8-1605. The protected income level for Medicaid coverage determined pursuant
to section 106(1)(b)(iii) of the social welfare act, 1939 PA 280, MCL 400.106, shall
be 100% of the related public assistance standard.
Sec. 8-1606. For the purpose of guardian and conservator charges, the department
may deduct up to $83.00 per month as an allowable expense against a recipient's income
when determining medical services eligibility and patient pay amounts.
Sec. 8-1607. (1) An applicant for Medicaid, whose qualifying condition is
pregnancy, shall immediately be presumed to be eligible for Medicaid coverage unless
the preponderance of evidence in her application indicates otherwise. The applicant
who is qualified as described in this subsection shall be allowed to select or remain
with the Medicaid participating obstetrician of her choice.
(2) All qualifying applicants shall be entitled to receive all medically
necessary obstetrical and prenatal care without preauthorization from a health plan.
All claims submitted for payment for obstetrical and prenatal care shall be paid at
the Medicaid fee-for-service rate in the event a contract does not exist between the
Medicaid participating obstetrical or prenatal care provider and the managed care
plan. The applicant shall receive a listing of Medicaid physicians and managed care
plans in the immediate vicinity of the applicant's residence.
(3) In the event that an applicant, presumed to be eligible pursuant to
subsection (1), is subsequently found to be ineligible, a Medicaid physician or
managed care plan that has been providing pregnancy services to an applicant under
this section is entitled to reimbursement for those services until such time as they
are notified by the department that the applicant was found to be ineligible for
Medicaid.
(4) If the preponderance of evidence in an application indicates that the
applicant is not eligible for Medicaid, the department shall refer that applicant to
the nearest public health clinic or similar entity as a potential source for receiving
pregnancy-related services.
(5) The department shall develop an enrollment process for pregnant women covered
under this section that facilitates the selection of a managed care plan at the time
of application.
(6) The department shall mandate enrollment of women, whose qualifying condition
is pregnancy, into Medicaid managed care plans.
(7) The department shall encourage physicians to provide women, whose qualifying
condition for Medicaid is pregnancy, with a referral to a Medicaid participating
dentist at the first pregnancy-related appointment.
Sec. 8-1611. (1) For care provided to medical services recipients with other
third-party sources of payment, medical services reimbursement shall not exceed, in
combination with such other resources, including Medicare, those amounts established
for medical services-only patients. The medical services payment rate shall be
accepted as payment in full. Other than an approved medical services co-payment, no
portion of a provider's charge shall be billed to the recipient or any person acting
on behalf of the recipient. Nothing in this section shall be considered to affect the
level of payment from a third-party source other than the medical services program.
The department shall require a nonenrolled provider to accept medical services
payments as payment in full.
(2) Notwithstanding subsection (1), medical services reimbursement for hospital
services provided to dual Medicare/medical services recipients with Medicare part B
coverage only shall equal, when combined with payments for Medicare and other third-
party resources, if any, those amounts established for medical services-only patients,
including capital payments.
Sec. 8-1620. (1) According to the federal covered outpatient drug final rule with
comment (CMS-2345-FC), the department shall maintain a professional pharmaceutical
dispensing fee for pharmacy benefits that are reimbursed on a fee-for-service basis.
The established fee shall not be lower than the amount in effect on October 1, 2015.
(2) The department shall require a prescription co-payment for Medicaid
recipients not enrolled in the Healthy Michigan plan or with an income less than 100%
of the federal poverty level of $1.00 for a generic drug and $3.00 for a brand-name
drug, except as prohibited by federal or state law or regulation.
(3) The department shall require a prescription co-payment for Medicaid
recipients enrolled in the Healthy Michigan plan with an income of at least 100% of
the federal poverty level of $4.00 for a generic drug and $8.00 for a brand-name drug,
except as prohibited by federal or state law or regulation.
Sec. 8-1621. 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 strategies the department is using to minimize the state cost
of specialty drugs. Also, the department may take additional measures in order to
further reduce state costs, while also ensuring that appropriate clinical care is
being utilized. The report shall also include information on savings generated as a
result of these additional measures that may include additional cost sharing, step
therapy, and prior authorization.
Sec. 8-1629. The department shall utilize maximum allowable cost pricing for
generic drugs that is based on wholesaler pricing to providers that is available from
at least 2 wholesalers who deliver in this state.
Sec. 8-1631. (1) The department shall require co-payments on dental, podiatric,
and vision services provided to Medicaid recipients, except as prohibited by federal
or state law or regulation.
(2) Except as otherwise prohibited by federal or state law or regulation, the
department shall require Medicaid recipients not enrolled in the Healthy Michigan plan
or with an income less than 100% of the federal poverty level to pay not less than the
following co-payments:
(a) Two dollars for a physician office visit.
(b) Three dollars for a hospital emergency room visit.
(c) Fifty dollars for the first day of an inpatient hospital stay.
(d) One dollar for an outpatient hospital visit.
(3) Except as otherwise prohibited by federal or state law or regulation, the
department shall require Medicaid recipients enrolled in the Healthy Michigan plan
with an income of at least 100% of the federal poverty level to pay the following co-
payments:
(a) Four dollars for a physician office visit.
(b) Eight dollars for a hospital emergency room visit.
(c) One hundred dollars for the first day of an inpatient hospital stay.
(d) Four dollars for an outpatient hospital visit or any other medical provider
visit to the extent allowed by federal or state law or regulation.
Sec. 8-1641. An institutional provider that is required to submit a cost report
under the medical services program shall submit cost reports completed in full within
5 months after the end of its fiscal year.
Sec. 8-1646. From the funds appropriated in part 1 for long-term care services,
the department shall administer a nursing facility quality measure initiative program.
The initiative shall be financed through an increase of the quality assurance
assessment for nursing homes and hospital long-term care units, and the funds shall be
distributed according to the following criteria:
(a) The department shall award more dollars to nursing facilities that have a
higher CMS 5-star quality measure domain rating, then adjusted to account for both
positive and negative aspects of a patient satisfaction survey.
(b) A nursing facility with a CMS 5-star quality measure domain star rating of 1
or 2 must file an action plan with the department describing how it intends to use
funds appropriated under this section to increase quality outcomes before funding
shall be released.
(c) The total incentive dollars must reflect the following Medicaid utilization
scale:
(i) For nursing facilities with a Medicaid participation rate of above 63%, the
facility shall receive 100% of the incentive payment.
(ii) For nursing facilities with a Medicaid participation rate between 50% and
63%, the facility shall receive 75% of the incentive payment.
(iii) For nursing facilities with a Medicaid participation rate of less than 50%,
the facility shall receive 50% of the incentive payment.
(iv) For nursing facilities not enrolled in Medicaid, the facility shall not
receive an incentive payment.
(d) Facilities designated as special focus facilities are not eligible for any
payment under this section.
(e) Number of licensed beds.
Sec. 8-1657. (1) Reimbursement for medical services to screen and stabilize a
Medicaid recipient, including stabilization of a psychiatric crisis, in a hospital
emergency room shall not be made contingent on obtaining prior authorization from the
recipient's HMO. If the recipient is discharged from the emergency room, the hospital
shall notify the recipient's HMO within 24 hours of the diagnosis and treatment
received.
(2) If the treating hospital determines that the recipient will require further
medical service or hospitalization beyond the point of stabilization, that hospital
shall receive authorization from the recipient's HMO prior to admitting the recipient.
(3) Subsections (1) and (2) do not require an alteration to an existing agreement
between an HMO and its contracting hospitals and do not require an HMO to reimburse
for services that are not considered to be medically necessary.
Sec. 8-1659. The following sections of this part are the only ones that shall
apply to the following Medicaid managed care programs, including the comprehensive
plan, MIChoice long-term care plan, and the mental health, substance use disorder, and
developmentally disabled services program: 904, 911, 918, 920, 928, 942, 1008, 1009,
1607, 1657, 1662, 1699, 1700, 1702, 1704, 1764, 1809, 1810, 1820, 1850, 1882, and
1888.
Sec. 8-1662. (1) The department shall ensure that an external quality review of
each contracting HMO is performed that results in an analysis and evaluation of
aggregated information on quality, timeliness, and access to health care services that
the HMO or its contractors furnish to Medicaid beneficiaries.
(2) The department shall require Medicaid HMOs to provide EPSDT utilization data
through the encounter data system, and HEDIS well child health measures in accordance
with the National Committee for Quality Assurance prescribed methodology.
(3) The department shall provide a copy of the analysis of the Medicaid HMO
annual audited HEDIS reports and the annual external quality review report to the
senate and house of representatives appropriations subcommittees on the department
budget, the senate and house fiscal agencies, and the state budget director, within 30
days of the department's receipt of the final reports from the contractors.
Sec. 8-1670. (1) The appropriation in part 1 for the MIChild program is to be
used to provide comprehensive health care to all children under age 19 who reside in
families with income at or below 212% of the federal poverty level, who are uninsured
and have not had coverage by other comprehensive health insurance within 6 months of
making application for MIChild benefits, and who are residents of this state. The
department shall develop detailed eligibility criteria through the medical services
administration public concurrence process, consistent with the provisions of this part
and part 1.
(2) The department may provide up to 1 year of continuous eligibility to children
eligible for the MIChild program unless the family fails to pay the monthly premium, a
child reaches age 19, or the status of the children's family changes and its members
no longer meet the eligibility criteria as specified in the state plan.
(3) The department may make payments on behalf of children enrolled in the
MIChild program as described in the MIChild state plan approved by the United States
Department of Health and Human Services, or from other medical services.
Sec. 8-1673. The department may establish premiums for MIChild eligible
individuals in families with income at or below 212% of the federal poverty level. The
monthly premiums shall be $10.00 per month.
Sec. 8-1677. The MIChild program shall provide, at a minimum, all benefits
available under the Michigan benchmark plan that are delivered through contracted
providers and consistent with federal law, including, but not limited to, the
following medically necessary services:
(a) Inpatient mental health services, other than substance use disorder treatment
services, including services furnished in a state-operated mental hospital and
residential or other 24-hour therapeutically planned structured services.
(b) Outpatient mental health services, other than substance use disorder
services, including services furnished in a state-operated mental hospital and
community-based services.
(c) Durable medical equipment and prosthetic and orthotic devices.
(d) Dental services as outlined in the approved MIChild state plan.
(e) Substance use disorder treatment services that may include inpatient,
outpatient, and residential substance use disorder treatment services.
(f) Care management services for mental health diagnoses.
(g) Physical therapy, occupational therapy, and services for individuals with
speech, hearing, and language disorders.
(h) Emergency ambulance services.
Sec. 8-1682. (1) In addition to the appropriations in part 1, the department is
authorized to receive and spend penalty money received as the result of noncompliance
with medical services certification regulations. Penalty money, characterized as
private funds, received by the department shall increase authorizations and allotments
in the long-term care accounts.
(2) Any unexpended penalty money, at the end of the year, shall carry forward to
the following year.
Sec. 8-1692. (1) The department is authorized to pursue reimbursement for
eligible services provided in Michigan schools from the federal Medicaid program. The
department and the state budget director are authorized to negotiate and enter into
agreements, together with the department of education, with local and intermediate
school districts regarding the sharing of federal Medicaid services funds received for
these services. The department is authorized to receive and disburse funds to
participating school districts pursuant to such agreements and state and federal law.
(2) From the funds appropriated in part 1 for medical services school-based
services payments, the department is authorized to do all of the following:
(a) Finance activities within the medical services administration related to this
project.
(b) Reimburse participating school districts pursuant to the fund-sharing ratios
negotiated in the state-local agreements authorized in subsection (1).
(c) Offset general fund costs associated with the medical services program.
Sec. 8-1693. The special Medicaid reimbursement appropriation in part 1 may be
increased if the department submits a medical services state plan amendment pertaining
to this line item at a level higher than the appropriation. The department is
authorized to appropriately adjust financing sources in accordance with the increased
appropriation.
Sec. 8-1694. From the funds appropriated in part 1 for special Medicaid
reimbursement, $386,700.00 of general fund/general purpose revenue and any associated
federal match shall be distributed for poison control services to an academic health
care system that includes a children's hospital that has a high indigent care volume.
Sec. 8-1699. (1) The department may make separate payments in the amount of
$45,000,000.00 directly to qualifying hospitals serving a disproportionate share of
indigent patients and to hospitals providing GME training programs. If direct payment
for GME and DSH is made to qualifying hospitals for services to Medicaid recipients,
hospitals shall not include GME costs or DSH payments in their contracts with HMOs.
(2) The department shall allocate $45,000,000.00 in DSH funding using the
distribution methodology used in fiscal year 2003-2004.
Sec. 8-1700. By December 1 of the current fiscal year, the department shall
report to the senate and house appropriations subcommittees on the department budget,
the senate and house fiscal agencies, and the state budget office on the distribution
of funding provided, and the net benefit if the special hospital payment is not
financed with general fund/general purpose revenue, to each eligible hospital during
the previous fiscal year from the following special hospital payments:
(a) DSH, separated out by unique DSH pool.
(b) GME.
(c) Special rural hospital payments provided under section 1866 of this part.
(d) Lump-sum payments to rural hospitals for obstetrical care provided under
section 1802 of this part.
Sec. 8-1702. From the funds appropriated in part 1, the department shall maintain
the 15% rate increase provided during the fiscal year ending September 30, 2017 for
private duty nursing services for Medicaid beneficiaries under the age of 21. These
additional funds must be used to attract and retain highly qualified registered nurses
and licensed practical nurses to provide private duty nursing services so that
medically frail children can be cared for in the most homelike setting possible.
Sec. 8-1704. (1) From the funds appropriated in part 1 for dental services, the
department shall allocate $2,697,300.00 to support the enhancement of the Medicaid
adult dental benefit for pregnant women enrolled in a Medicaid program.
(2) 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 by October 1 of the current fiscal year on the steps taken by the
department to implement subsection (1).
(3) Outcomes and performance measures for the program change under this section
include, but are not limited to, the following:
(a) The number of pregnant women enrolled in Medicaid who visited a dentist over
the prior year.
(b) The number of dentists statewide who participate in providing dental services
to pregnant women enrolled in Medicaid.
Sec. 8-1705. By January 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 state budget office a report on the top
10 procedures by volume in the Medicaid fee-for-service program that were performed in
hospital outpatient departments.
Sec. 8-1724. The department shall allow licensed pharmacies to purchase
injectable drugs for the treatment of respiratory syncytial virus for shipment to
physicians' offices to be administered to specific patients. If the affected patients
are Medicaid eligible, the department shall reimburse pharmacies for the dispensing of
the injectable drugs and reimburse physicians for the administration of the injectable
drugs.
Sec. 8-1730. The department shall continue to maintain enhanced assessment tools
established in collaboration with the department of education that promote literacy
development of pregnant women and new mothers in the maternal infant health program.
When possible, the department shall include new fathers of the infants in the literacy
promotion efforts that are included in the assessment tools and in the subsequent
services provided. The assessment tools shall expand the assessment of maternal and
parental literacy and provide support and referrals to resources to enable program
participants to achieve an increase in literacy that may contribute to improvements in
family health, economic, and life outcomes.
Sec. 8-1757. The department shall obtain proof from all Medicaid recipients that
they are legal United States citizens or otherwise legally residing in this country
and that they are residents of this state before approving Medicaid eligibility.
Sec. 8-1764. The department shall annually certify whether rates paid to Medicaid
health plans and specialty PIHPs are actuarially sound in accordance with federal
requirements and shall provide a copy of the rate certification and approval of rates
paid to Medicaid health plans and specialty PIHPs within 5 business days after
certification or approval to the senate and house appropriations subcommittees on the
department budget, the senate and house fiscal agencies, and the state budget office.
Following the rate certification, the department shall ensure that no new or revised
state Medicaid policy bulletin that is promulgated materially impacts the capitation
rates that have been certified in a negative manner.
Sec. 8-1775. (1) By March 1 of the current fiscal year, the department shall
report to the senate and house appropriations subcommittees on the department budget,
the senate and house fiscal agencies, and the state budget office on progress in
implementing the waiver to implement managed care for individuals who are eligible for
both Medicare and Medicaid, known as MI Health Link, including, 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. 8-1782. Subject to federal approval, from the funds appropriated in part 1
for health plan services, the department shall allocate $740,000.00 general
fund/general purpose plus any available work project funds and federal match through
an administered contract with oversight from Medical Services Administration and
Population Health. The funds shall be used to support a statewide media campaign for
improving this state's immunization rates.
Sec. 8-1791. From the funds appropriated in part 1 for health plan services and
physician services, the department shall maintain the Medicaid reimbursement rates for
neonatal services that were in place on September 30, 2018.
Sec. 8-1800. For the distribution of each of the pools within the $85,000,000.00
outpatient disproportionate share hospital payment, the department shall maintain 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.
Sec. 8-1801. (1) From the funds appropriated in part 1 for physician services and
health plan services, the department shall continue the increase to Medicaid rates for
primary care services provided only by primary care providers. 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 either licensed under part 170 or part 175
of the public health code, 1978 PA 368, MCL 333.17001 to 333.17084 and 333.17501 to
333.17556, and working as a primary care provider in general practice or board-
eligible or certified with a specialty designation of family medicine, general
internal medicine, or pediatric medicine, or a provider who provides the department
with documentation of equivalency. Providers performing a service and whose primary
practice is as a non-primary-care subspecialty is not eligible for the increase. The
department shall establish policies that most effectively limit the increase to
primary care providers for primary care services only.
(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 list of medical specialties and licensed providers that were paid enhanced
primary care rates in the fiscal year ending September 30, 2017.
Sec. 8-1802. From the funds appropriated in part 1 for hospital services and
therapy, $10,978,300 in general fund/ general purpose revenue shall be provided as
lump-sum payments to hospitals that qualified for rural hospital access payments in
fiscal year 2013-2014 and that provide obstetrical care in the current fiscal year.
Payment amounts shall be based on the volume of obstetrical care cases and newborn
care cases for all such cases billed by each qualified hospitals in the most recent
fiscal year for which data is available. Payments shall be made by January 1 of the
current fiscal year.
Sec. 8-1804. The department, in cooperation with the department of military and
veterans affairs, shall work with the federal public assistance reporting information
system to identify Medicaid recipients who are veterans and who may be eligible for
federal veterans health care benefits or other benefits.
Sec. 8-1805. Hospitals receiving medical services payments for graduate medical
education shall submit fully completed quality data to a nonprofit organization with
extensive experience in collecting and reporting hospital quality data on a public
website. The reporting must utilize consensus-based nationally endorsed standards that
meet National Quality Forum-endorsed safe practices. The organization collecting the
data must be an organization that uses severity-adjusted risk models and measures that
will help patients and payers identify hospital campuses likely to have superior
outcomes. The public website shall provide information to allow consumers to compare
safe practices by hospital campus, including, but not limited to, perinatal care,
hospital-acquired infection, and serious reportable events. Hospitals receiving
medical services payments for graduate medical education shall also make their fully
completed quality data available on the hospital's website. The department shall
withhold 25% of a hospital's graduate medical education payment if the hospital does
not submit the data to a qualifying nonprofit organization described in this section
by January 1 of the current fiscal year.
Sec. 8-1806. The department shall maintain policies and procedures to govern the
operations of the Michigan Medicaid health plan common formulary so that the
department is able to receive fair and full public participation.
Sec. 8-1809. The department shall establish separate contract performance
standards for Medicaid health plans that adhere to the requirements of section 105d of
the social welfare act, 1939 PA 280, MCL 400.105d, associated with the 0.75% and 0.25%
capitation withhold. The determination of the performance of the 0.75% capitation
withhold is at the discretion of the department but must include recognized concepts
such as 1-year continuous enrollment and the HEDIS audited data. The determination of
the performance of the 0.25% capitation withhold is at the discretion of the
department but must include the utilization of high-value services and discouraging
the utilization of low-value services.
Sec. 8-1810. The department shall enhance encounter data reporting processes and
develop rules that would make each health plan's encounter data as complete as
possible, provide a fair measure of acuity for each health plan's enrolled population
for risk adjustment purposes, capitation rate setting, diagnosis-related group rate
setting, and research and analysis of program efficiencies while minimizing health
plan administrative expense. The department shall notify each contracting Medicaid
health plan of any encounter data that have not been accepted for the purposes of rate
setting.
Sec. 8-1820. (1) In order to avoid duplication of efforts, the department shall
utilize applicable national accreditation review criteria to determine compliance with
corresponding state requirements for Medicaid health plans that have been reviewed and
accredited by a national accrediting entity for health care services.
(2) The department shall continue to comply with state and federal law and shall
not initiate an action that negatively impacts beneficiary safety.
(3) As used in this section, "national accrediting entity" means the National
Committee for Quality Assurance, the URAC, formerly known as the Utilization Review
Accreditation Commission, or other appropriate entity, as approved by the department.
Sec. 8-1837. The department shall continue, and expand where appropriate,
utilization of telemedicine and telepsychiatry as strategies to increase access to
services for Medicaid recipients in medically underserved areas.
Sec. 8-1846. From the funds appropriated in part 1 for graduate medical
education, the department shall distribute the funds with an emphasis on the following
health care workforce goals:
(a) The encouragement of the training of physicians in specialties, including
primary care, that are necessary to meet the future needs of residents of this state.
(b) The training of physicians in settings that include ambulatory sites and
rural locations.
Sec. 8-1850. 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. 8-1855. From the funds appropriated in part 1 for program of all-inclusive
care for the elderly (PACE), to the extent that funding is available in the PACE line
item and unused program slots are available, the department may do the following:
(a) Increase the number of slots for an already-established local PACE program if
the local PACE program has provided appropriate documentation to the department
indicating its ability to expand capacity to provide services to additional PACE
clients.
(b) Suspend the 10 member per month individual PACE program enrollment increase
cap in order to allow unused and unobligated slots to be allocated to address unmet
demand for PACE services.
Sec. 8-1857. By July 1 of the current fiscal year, the department shall explore
the implementation of a managed care long-term support service.
Sec. 8-1858. By April 1 of the current fiscal year, the department shall report
to the senate and house appropriations subcommittees on the department budget and the
senate and house fiscal agencies on all of the following elements related to the
current Medicaid pharmacy carve-out of pharmaceutical products as provided for in
section 109h of the social welfare act, 1939 PA 280, MCL 400.109h:
(a) The number of prescriptions paid by the department during the previous fiscal
year and for the fiscal year ending September 30, 2017.
(b) The total amount of expenditures for prescriptions paid by the department
during the previous fiscal year and for the fiscal year ending September 30, 2017.
(c) The number of and total expenditures for prescriptions paid for by the
department for generic equivalents during the previous fiscal year and for the fiscal
year ending September 30, 2017.
Sec. 8-1859. The department shall partner with the Michigan Association of Health
Plans (MAHP) and Medicaid health plans to develop and implement strategies for the use
of information technology services for Medicaid research activities. The department
shall make available state medical assistance program data, including Medicaid
behavioral data, to MAHP and Medicaid health plans or any vendor considered qualified
by the department for the purpose of research activities consistent with this state's
goals of improving health; increasing the quality, reliability, availability, and
continuity of care; and reducing the cost of care for the eligible population of
Medicaid recipients.
Sec. 8-1860. By March 1 of the current fiscal year, the department shall provide
a report to the senate and house appropriations subcommittees, the senate and house
fiscal agencies, and the state budget office on uncollected co-pays and deductibles in
the Healthy Michigan plan. The report shall include information on the number of
participants who have not paid their co-pays and deductibles, the total amount of
uncollected co-pays and deductibles, and steps taken by the department and health
plans to ensure greater collection of co-pays and deductible.
Sec. 8-1861. From the funds appropriated in part 1 for transportation, the
department shall increase the number of counties in which a local public
transportation entity is the primary administrator of the Medicaid nonemergency
transportation benefit. The purpose of this expansion is to improve Medicaid
beneficiary access to care, reduce the number of missed physician appointments by
Medicaid beneficiaries, and reduce time spent by caseworkers facilitating nonemergency
transportation for Medicaid beneficiaries. Performance goals include an increase in
utilization of local public transportation, a reduction in the rate of trips reported
as missed to no more than 0.5%, and the successful collection of data on program
utilization, access, and beneficiary satisfaction.
Sec. 8-1862. From the funds appropriated in part 1, the department shall maintain
payment rates for Medicaid obstetrical services at 95% of Medicare levels effective
October 1, 2014.
Sec. 8-1866. (1) From the funds appropriated in part 1 for hospital services and
therapy and healthy Michigan plan, $12,000,000.00 in general fund/general purpose
revenue and any associated federal match shall be awarded as rural access payments to
hospitals that meet criteria established by the department for services to low-income
rural residents.
(2) No hospital or hospital system shall receive more than 10.0% of the total
funding referenced in subsection (1).
(3) To allow hospitals to understand their rural payment amounts under this
section, the department shall provide hospitals with the methodology for distribution
under this section and provide each hospital with its applicable data that are used to
determine the payment amounts by August 1 of the current fiscal year. The department
shall publish the distribution of payments for the current fiscal year and the
immediately preceding fiscal year.
Sec. 8-1867. (1) The department shall continue a workgroup that includes
psychiatrists, other relevant prescribers, and pharmacists to identify best practices
and to develop a protocol for psychotropic medications. Any changes proposed by the
workgroup shall protect a Medicaid beneficiary's current psychotropic pharmaceutical
treatment regimen by not requiring a physician currently prescribing any treatment to
alter or adjust that treatment.
(2) By March 1 of the current fiscal year, the department shall provide the
workgroup's recommendations to the senate and house appropriations subcommittees on
the department budget, the senate and house fiscal agencies, and the state budget
office.
Sec. 8-1870. The department shall continue to work with the MiDocs consortium to
explore alternative graduate medical education financing sources and mechanisms that
expand residency opportunities for primary care training, per approval from CMS.
Sec. 8-1873. From the funds appropriated in part 1 for long-term care services,
the department may allocate up to $3,700,000.00 for the purpose of outreach and
education to nursing home residents and the coordination of housing in order to move
out of the facility. In addition, any funds appropriated shall be used for other
quality improvement activities of the program. The department shall consider working
with the Area Agencies on Aging Association of Michigan, the non-Area Agencies on
Aging waivers, and the Disability Network/Michigan to develop a plan for the ongoing
sustainability of the nursing facility transition initiative.
Sec. 8-1874. The department shall ensure, in counties where program of all-
inclusive care for the elderly or PACE services are available, that the program of
all-inclusive care for the elderly (PACE) is included as an option in all options
counseling and enrollment brokering for aging services and managed care programs,
including, but not limited to, Area Agencies on Aging, centers for independent living,
and the MiChoice home and community-based waiver. Such options counseling must include
approved marketing and discussion materials.
Sec. 8-1877. By March 1 of the current fiscal year, the department shall evaluate
and provide a report to the house and senate appropriations subcommittees on the
department budget on how the Healthy Michigan plan has contributed to assisting
individuals in utilizing high-value services, minimized the use of low-value services,
and how individuals' lives may be improving as a result of their access to services
provided through the Healthy Michigan plan.
Sec. 8-1878. By March 1 of the current fiscal year, the department shall provide
a report to the senate and house appropriations subcommittees on the department
budget, the senate and house fiscal agencies, the senate and house policy offices, and
the state budget office on 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 cure rate broken down by Metavir Score, genotype, Medicaid match rate,
and drug used during treatment.
(e) The reinfection rate broken down by Metavir Score, genotype, Medicaid match
rate, and drug used during treatment.
Sec. 8-1888. The department shall establish contract performance standards
associated with the capitation withhold provisions for Medicaid health plans at least
3 months in advance of the implementation of those standards. The determination of
whether performance standards have been met shall be based primarily on recognized
concepts such as 1-year continuous enrollment and the healthcare effectiveness data
and information set, HEDIS, audited data.
Sec. 8-1894. (1) By July 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, and the state budget office
on outcomes and performance measures of the Healthy Kids Dental program.
(2) Outcomes and performance measures for the Healthy Kids Dental program
include, but are not limited to, the following:
(a) The number of children enrolled in the Healthy Kids Dental program who
visited the dentist during the previous fiscal year.
(b) The number of dentists who will accept payment from the Healthy Kids Dental
program.
(c) The annual change in dental utilization of children enrolled in the Healthy
Kids Dental program.
INFORMATION TECHNOLOGY
Sec. 8-1901. (1) By December 1 of the current fiscal year, the department shall
report to the senate and house appropriations subcommittees on the department budget,
the senate and house fiscal agencies, the senate and house policy offices, and the
state budget office all of the following information:
(a) The process used to define requests for proposals for each expansion of
information technology projects, including timelines, project milestones, and intended
outcomes.
(b) If the department decides not to contract the services out to design and
implement each element of the information technology expansion, the department shall
submit its own project plan that includes, at a minimum, the requirements in
subdivision (a).
(c) A recommended project management plan with milestones and time frames.
(d) The proposed benefits from implementing the information technology expansion,
including customer service improvement, form reductions, potential time savings,
caseload reduction, and return on investment.
(e) Details on the implementation of the integrated service delivery project.
(2) Once an award for an expansion of information technology is made, the
department shall report to the senate and house appropriations subcommittees on the
department budget, the senate and house fiscal agencies, the senate and house policy
offices, and the state budget office a projected cost of the expansion broken down by
use and type of expense.
Sec. 8-1902. From the funds appropriated in part 1 for the Michigan Medicaid
information system (MMIS) line item, private revenue may be received from and
allocated for other states interested in participating as part of the broader MMIS
initiative. By March 1 of the current fiscal year, the department shall provide a
report on the use of MMIS by other states for the previous fiscal year, including a
list of states, type of use, and revenue and expenditures related to the agreements
with the other states to use the MMIS. The report shall be provided to the house and
senate appropriations subcommittees on the department budget, the house and senate
fiscal agencies, and the state budget office.
Sec. 8-1903. (1) The department shall report to the senate and house
appropriations subcommittees on the department budget, the senate and house fiscal
agencies, the senate and house policy offices, and the state budget office by November
1 of the current fiscal year the status of an implementation plan regarding the
appropriation in part 1 to modernize the MiSACWIS. The report shall include, but not
be limited to, 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 automated child welfare information
system (SACWIS) to a comprehensive child welfare information system (CCWIS).
(i) Progress developing and implementing a program to monitor data quality.
(j) Progress developing and implementing custom integrated systems for private
agencies.
ONE-TIME APPROPRIATIONS
Sec. 8-1905. From the funds appropriated in part 1 for the drinking water
declaration of emergency, the department shall allocate funds to address needs in a
city in which a declaration of emergency was issued because of drinking water
contamination. These funds may support, but are not limited to, the following
activities:
(a) Nutrition assistance, nutritional and community education, food bank
resources, and food inspections.
(b) Epidemiological analysis and case management of individuals at risk of
elevated blood lead levels.
(c) Support for child and adolescent health centers, children's healthcare access
program, and pathways to potential programming.
(d) Nursing services, breastfeeding education, evidence-based home visiting
programs, intensive services, and outreach for children exposed to lead coordinated
through local community mental health organizations.
(e) Department field operations costs.
(f) Lead poisoning surveillance, treatment, and abatement.
(g) Nutritional incentives provided to local residents through the Double Up Food
Bucks Expansion Program.
(h) Genesee County health department food inspectors to perform water testing at
local food service establishments.
Sec. 8-1906. (1) From the funds appropriated in part 1 for university autism
programs, the department shall continue a grant process for autism programs. These
grants are intended to increase the number of applied behavioral analysts, increase
the number of autism diagnostic services provided, or increase employment of
individuals who are diagnosed with autism spectrum disorder.
(2) As a condition of accepting the grants described in subsection (1), each
university shall track and report back to the department where the individuals who
have completed the applied behavioral analysis training are initially employed and the
location of the initial employment.
(3) Outcomes and performance measures related to this initiative include, but are
not limited to, the following:
(a) An increase in applied behavioral analysts certified from university autism
programs.
(b) The number of autism diagnostic services provided.
(c) The employment rate of employment program participants.
(d) The employment rate of applied behavioral analysts trained through the
university autism programs.
Sec. 8-1907. From the funds appropriated in part 1 for child lead poisoning
elimination board, the department shall implement recommendations of the board offered
in the board's report of November 2016. The recommendations implemented by the
department under this section shall be based in science and best practices, and the
department shall give priority to the implementation of the recommendations that are
most in agreement with recommendations of nationally recognized organizations and
authorities.
Sec. 8-1909. (1) The funds appropriated in part 1 for employment first are
appropriated to support the objectives stated in Executive Order No. 2015-15.
(2) The department shall use the funds to provide consultation and technical
assistance to support best practices to increase competitive integrated employment for
people with disabilities in areas such as statewide capacity building of professionals
providing job preparation, placement, and retention supports and services; provider
transformation among community rehabilitation organizations; rate restructuring of
employment supports and services; blending and braiding of resources; seamless
transition outcomes from education to employment; employer engagement; education and
outreach to clients and their families, including information on benefits coordination
and planning; and other systemic change activities leading to competitive integrated
employment.
Article 9
DEPARTMENT OF INSURANCE AND FINANCIAL SERVICES
PART 1
LINE-ITEM APPROPRIATIONS AND ANTICIPATED APPROPRIATIONS
Sec. 9-101. Subject to the conditions set forth in this article, the amounts
listed in this part for the department of insurance and financial services are
appropriated for the fiscal year ending September 30, 2019, and are anticipated to be
appropriated for the fiscal year ending September 30, 2020, from the funds indicated
in this part. The following is a summary of the appropriations and anticipated
appropriations in this part:
DEPARTMENT OF INSURANCE AND FINANCIAL SERVICES
APPROPRIATION SUMMARY
Full-time equated unclassified positions................ 6.0 6.0
Full-time equated classified positions.................. 336.5 336.5
GROSS APPROPRIATION...................................... $ 67,571,900 $ 67,571,900
Total interdepartmental grants and interdepartmental
transfers............................................... 713,800 713,800
ADJUSTED GROSS APPROPRIATION............................. $ 66,858,100 $ 66,858,100
Total federal revenues................................... 2,017,300 2,017,300
Total local revenues..................................... 0 0
Total private revenues................................... 0 0
Total other state restricted revenues.................... 64,690,800 64,690,800
State general fund/general purpose....................... $ 150,000 $ 150,000
State general fund/general purpose schedule:
Ongoing state general fund/general purpose............ 150,000 150,000
One-time state general fund/general purpose........... 0 0
Sec. 9-102. DEPARTMENTAL ADMINISTRATION AND SUPPORT
Full-time equated unclassified positions................ 6.0 6.0
Full-time equated classified positions.................. 22.5 22.5
Unclassified salaries-6.0 FTE positions.................. $ 784,500 $ 784,500
Administrative hearings.................................. 182,500 182,500
Department services-19.0 FTE positions................... 3,801,200 3,801,200
Executive director programs-3.5 FTE positions............ 1,075,900 1,075,900
Property management...................................... 1,245,400 1,245,400
Worker's compensation.................................... 4,200 4,200
GROSS APPROPRIATION...................................... $ 7,093,700 $ 7,093,700
Appropriated from:
Special revenue funds:
Other state restricted revenues.......................... 6,943,700 6,943,700
State general fund/general purpose....................... $ 150,000 $ 150,000
Sec. 9-103. INSURANCE AND FINANCIAL SERVICES REGULATION
Full-time equated classified positions.................. 314.0 314.0
Consumer services and protection-64.0 FTE positions...... $ 8,803,600 $ 8,803,600
Financial institutions evaluation-132.0 FTE positions.... 24,633,100 24,633,100
Insurance evaluation-118.0 FTE positions................. 24,789,600 24,789,600
GROSS APPROPRIATION...................................... $ 58,226,300 $ 58,226,300
Appropriated from:
Interdepartmental grant revenues:
IDG from department of licensing and regulatory
affairs................................................. 713,800 713,800
Federal revenues:
Other federal revenues................................... 2,017,300 2,017,300
Special revenue funds:
Other state restricted revenues.......................... 55,495,200 55,495,200
State general fund/general purpose....................... $ 0 $ 0
Sec. 9-104. INFORMATION TECHNOLOGY
Information technology services and projects............. $ 2,251,900 $ 2,251,900
GROSS APPROPRIATION...................................... $ 2,251,900 $ 2,251,900
Appropriated from:
Special revenue funds:
Other state restricted revenues.......................... 2,251,900 2,251,900
State general fund/general purpose....................... $ 0 $ 0
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
FISCAL YEAR 2019
GENERAL SECTIONS
Sec. 9-201. Pursuant to section 30 of article IX of the state constitution of
1963, total state spending from state resources under part 1 for the fiscal year 2019
is $64,840,800.00 and state spending from state resources to be paid to local units of
government for fiscal year 2019 is $0.00.
Sec. 9-202. The appropriations authorized under this article are subject to the
management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594.
Sec. 9-203. As used in this article:
(a) "Department" means the department of insurance and financial services.
(b) "Director" means the director of the department.
(c) "FTE" means full-time equated.
(d) "IDG" means interdepartmental grant.
Sec. 9-204. The departments and agencies receiving appropriations in part 1 shall
use the Internet to fulfill the reporting requirements of this article. This
requirement may include transmission of reports via electronic mail to the recipients
identified for each reporting requirement, or it may include placement of reports on
an Internet or Intranet site.
Sec. 9-205. Funds appropriated in part 1 shall not be used for the purchase of
foreign goods or services, or both, if competitively priced and of comparable quality
American goods or services, or both, are available. Preference shall be given to goods
or services, or both, manufactured or provided by Michigan businesses, if they are
competitively priced and of comparable quality. In addition, preference should be
given to goods or services, or both, that are manufactured or provided by Michigan
businesses owned and operated by veterans, if they are competitively priced and of
comparable quality.
Sec. 9-206. The director shall take all reasonable steps to ensure businesses in
deprived and depressed communities compete for and perform contracts to provide
services or supplies, or both. Each director shall strongly encourage firms with which
the department contracts to subcontract with certified businesses in depressed and
deprived communities for services, supplies, or both.
Sec. 9-207. The departments and agencies receiving appropriations in part 1 shall
prepare a report on out-of-state travel expenses not later than January 1 of each
year. The travel report shall be a listing of all travel by classified and
unclassified employees outside this state in the immediately preceding fiscal year
that was funded in whole or in part with funds appropriated in the department's
budget. The report shall be submitted to the senate and house appropriations
committees, the house and senate fiscal agencies, and the state budget director. The
report shall include the following information:
(a) The dates of each travel occurrence.
(b) The transportation and related costs of each travel occurrence, including the
proportion funded with state general fund/general purpose revenues, the proportion
funded with state restricted revenues, the proportion funded with federal revenues,
and the proportion funded with other revenues.
Sec. 9-208. Funds appropriated in part 1 shall not be used by a principal
executive department, state agency, or authority to hire a person to provide legal
services that are the responsibility of the attorney general. This prohibition does
not apply to legal services for bonding activities and for those outside services that
the attorney general authorizes.
Sec. 9-209. Not later than November 30, the state budget office shall prepare and
transmit a report that provides for estimates of the total general fund/general
purpose appropriation lapses at the close of the prior fiscal year. This report shall
summarize the projected year-end general fund/general purpose appropriation lapses by
major departmental program or program areas. The report shall be transmitted to the
chairpersons of the senate and house appropriations committees and the senate and
house fiscal agencies.
Sec. 9-210. (1) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $1,000,000.00 for federal contingency funds.
These funds are not available for expenditure until they have been transferred to
another line item in this article under section 393(2) of the management and budget
act, 1984 PA 431, MCL 18.1393.
(2) In addition to the funds appropriated in part 1, there is appropriated an
amount not to exceed $5,000,000.00 for state restricted contingency funds. These funds
are not available for expenditure until they have been transferred to another line
item in this article under section 393(2) of the management and budget act, 1984 PA
431, MCL 18.1393.
Sec. 9-211. The department shall cooperate with the department of technology,
management and budget to maintain a searchable website accessible by the public at no
cost that includes, but is not limited to, all of the following for each department or
agency:
(a) Fiscal year-to-date expenditures by category.
(b) Fiscal year-to-date expenditures by appropriation unit.
(c) Fiscal year-to-date payments to a selected vendor, including the vendor name,
payment date, payment amount, and payment description.
(d) The number of active department employees by job classification.
(e) Job specifications and wage rates.
Sec. 9-212. Within 14 days after the release of the executive budget
recommendation, the department shall cooperate with the state budget office to provide
the senate and house appropriations chairs, the senate and house appropriations
subcommittees chairs, and the senate and house fiscal agencies with an annual report
on estimated state restricted fund balances, state restricted fund projected revenues,
and state restricted fund expenditures for the fiscal years ending September 30, 2018
and September 30, 2019.
Sec. 9-213. The department shall maintain, on a publicly accessible website, a
department scorecard that identifies, tracks and regularly updates key metrics that
are used to monitor and improve the department's performance.
Sec. 9-214. Total authorized appropriations from all sources under part 1 for
legacy costs for the fiscal year ending September 30, 2019 are estimated at
$9,513,100.00. From this amount, total agency appropriations for pension-related
legacy costs are estimated at $4,385,700.00. Total agency appropriations for retiree
health care legacy costs are estimated at $5,127,400.00.
Sec. 9-215. Unless prohibited by law, the department may accept credit card or
other electronic means of payment for licenses, fees, or permits.
INSURANCE AND FINANCIAL SERVICES REGULATION
Sec. 9-302. In addition to the funds appropriated in part 1, the funds collected
by the department in connection with a conservatorship under section 32 of the
mortgage brokers, lenders, and servicers licensing act, 1987 PA 173, MCL 445.1682, and
funds collected by the department from corporations being liquidated under the
insurance code of 1956, 1956 PA 218, MCL 500.100 to 500.8302, are appropriated for all
expenses necessary to provide for the required services. Funds are available for
expenditure when they are received by the department of treasury and must not lapse to
the general fund at the end of the fiscal year.
Sec. 9-303. The department may make available to interested entities customized
listings of nonconfidential information in its possession. The department may
establish and collect a reasonable charge to provide this service. The revenue from
this service is appropriated when received and must be used to offset expenses to
provide the service. Any balance of this revenue collected and unexpended at the end
of the fiscal year must lapse to the appropriate restricted fund.
Article 10
JUDICIARY
PART 1
LINE-ITEM APPROPRIATIONS AND ANTICIPATED APPROPRIATIONS
Sec. 10-101. Subject to the conditions set forth in this article, the amounts
listed in this part for the judiciary are appropriated for the fiscal year ending
September 30, 2019, and are anticipated to be appropriated for the fiscal year ending
September 30, 2020, from the funds indicated in this part. The following is a summary
of the appropriations and anticipated appropriations in this part:
JUDICIARY
APPROPRIATION SUMMARY
Full-time equated exempted positions.................... 490.0 490.0
GROSS APPROPRIATION...................................... $ 301,783,300 $ 301,867,700
Total interdepartmental grants and interdepartmental
transfers............................................... 1,551,300 1,551,300
ADJUSTED GROSS APPROPRIATION............................. $ 300,232,000 $ 300,316,400
Total federal revenues................................... 5,987,400 5,987,400
Total local revenues..................................... 6,599,800 6,599,800
Total private revenues................................... 981,600 981,600
Total other state restricted revenues.................... 92,879,500 92,883,900
State general fund/general purpose....................... $ 193,783,700 $ 193,863,700
State general fund/general purpose schedule:
Ongoing state general fund/general purpose............ 193,783,700 193,863,700
One-time state general fund/general purpose........... 0 0
Sec. 10-102. SUPREME COURT
Full-time equated exempted positions.................... 248.0 248.0
Community dispute resolution-3.0 FTE positions........... $ 2,390,800 $ 2,390,800
Direct trial court automation support-44.0 FTE
positions............................................... 6,599,800 6,599,800
Drug treatment courts.................................... 11,833,000 11,833,000
Foster care review board-10.0 FTE positions.............. 1,331,900 1,331,900
Judicial information systems-22.0 FTE positions.......... 4,431,800 4,431,800
Judicial institute-13.0 FTE positions.................... 1,848,000 1,848,000
Mental health courts and diversion services-1.0 FTE
position................................................ 5,466,800 5,466,800
Next generation Michigan court system.................... 4,116,000 4,116,000
Other federal grants..................................... 275,100 275,100
State court administrative office-63.0 FTE positions..... 11,416,100 11,416,100
Supreme court administration-92.0 FTE positions.......... 14,059,100 14,059,100
Swift and sure sanctions program......................... 3,654,200 3,654,200
Veterans courts.......................................... 936,400 936,400
GROSS APPROPRIATION...................................... $ 68,359,000 $ 68,359,000
Appropriated from:
Interdepartmental grant revenues:
IDG from department of corrections....................... 51,300 51,300
IDG from department of state police...................... 1,500,000 1,500,000
Federal revenues:
Other federal revenues................................... 5,643,900 5,643,900
Special revenue funds:
Local revenues........................................... 6,599,800 6,599,800
Private revenues......................................... 895,700 895,700
Other state restricted revenues.......................... 7,715,900 7,715,900
State general fund/general purpose....................... $ 45,952,400 $ 45,952,400
Sec. 10-103. COURT OF APPEALS
Full-time equated exempted positions.................... 175.0 175.0
Court of appeals operations-175.0 FTE positions.......... $ 24,360,500 $ 24,360,500
GROSS APPROPRIATION...................................... $ 24,360,500 $ 24,360,500
Appropriated from:
Special revenue funds:
State general fund/general purpose....................... $ 24,360,500 $ 24,360,500
Sec. 10-104. BRANCHWIDE APPROPRIATIONS
Full-time equated exempted positions.................... 4.0 4.0
Branchwide appropriations-4.0 FTE positions.............. $ 9,028,300 $ 9,028,300
GROSS APPROPRIATION...................................... $ 9,028,300 $ 9,028,300
Appropriated from:
Special revenue funds:
State general fund/general purpose....................... $ 9,028,300 $ 9,028,300
Sec. 10-105. JUSTICES' AND JUDGES' COMPENSATION
Full-time judges positions.............................. 590.0 590.0
Supreme court justices' salaries-7.0 justices............ $ 1,152,300 $ 1,152,300
Circuit court judges' state base salaries-216.0 judges... 22,140,600 22,191,500
Circuit court judicial salary standardization............ 9,854,900 9,878,800
Court of appeals judges' salaries-27.0 judges............ 4,337,700 4,337,700
District court judges' state base salaries-237.0
judges.................................................. 23,936,400 23,936,400
District court judicial salary standardization........... 10,836,700 10,836,700
Probate court judges' state base salaries-103.0 judges... 10,500,400 10,500,400
Probate court judicial salary standardization............ 4,669,600 4,669,600
Judges' retirement system defined contributions.......... 4,858,100 4,863,200
OASI, social security.................................... 6,210,700 6,215,200
GROSS APPROPRIATION...................................... $ 98,497,400 $ 98,581,800
Appropriated from:
Special revenue funds:
Other state restricted revenues.......................... 3,215,200 3,219,600
State general fund/general purpose....................... $ 95,282,200 $ 95,362,200
Sec. 10-106. JUDICIAL AGENCIES
Full-time equated exempted positions.................... 7.0 7.0
Judicial tenure commission-7.0 FTE positions............. $ 1,162,900 $ 1,162,900
GROSS APPROPRIATION...................................... $ 1,162,900 $ 1,162,900
Appropriated from:
Special revenue funds:
State general fund/general purpose....................... $ 1,162,900 $ 1,162,900
Sec. 10-107. INDIGENT DEFENSE - CRIMINAL
Full-time equated exempted positions.................... 51.0 51.0
Appellate public defender program-51.0 FTE positions..... $ 8,143,400 $ 8,143,400
GROSS APPROPRIATION...................................... $ 8,143,400 $ 8,143,400
Appropriated from:
Federal revenues:
Other federal revenues................................... 343,500 343,500
Special revenue funds:
Private revenues......................................... 85,900 85,900
Other state restricted revenues.......................... 92,300 92,300
State general fund/general purpose....................... $ 7,621,700 $ 7,621,700
Sec. 10-108. INDIGENT CIVIL LEGAL ASSISTANCE
Indigent civil legal assistance.......................... $ 7,937,000 $ 7,937,000
GROSS APPROPRIATION...................................... $ 7,937,000 $ 7,937,000
Appropriated from:
Special revenue funds:
Other state restricted revenues.......................... 7,937,000 7,937,000
State general fund/general purpose....................... $ 0 $ 0
Sec. 10-109. TRIAL COURT OPERATIONS
Full-time equated exempted positions.................... 5.0 5.0
Court equity fund reimbursements......................... $ 60,815,700 $ 60,815,700
Drug case-flow program................................... 250,000 250,000
Drunk driving case-flow program.......................... 3,300,000 3,300,000
Judicial technology improvement fund..................... 4,815,000 4,815,000
Juror compensation reimbursement......................... 6,602,400 6,602,400
Statewide e-file system-5.0 FTE positions................ 8,511,700 8,511,700
GROSS APPROPRIATION...................................... $ 84,294,800 $ 84,294,800
Appropriated from:
Special revenue funds:
Other state restricted revenues.......................... 73,919,100 73,919,100
State general fund/general purpose....................... $ 10,375,700 $ 10,375,700
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
FISCAL YEAR 2019
GENERAL SECTIONS
Sec. 10-201. Pursuant to section 30 of article IX of the state constitution of
1963, total state spending from state resources under part 1 for the fiscal year 2019
is $286,663,200.00 and state spending from state resources to be paid to local units
of government for fiscal year 2019 is $147,443,700.00. The itemized statement below
identifies appropriations from which spending to local units of government will occur:
JUDICIARY
Drug treatment courts................................................... $ 11,833,000
Mental health courts and diversion services............................. 5,466,800
Next generation Michigan court system................................... 4,116,000
State court administrative office....................................... 200,000
Swift and sure sanctions program........................................ 3,654,200
Veterans courts......................................................... 936,400
Circuit court judicial salary standardization........................... 9,854,900
District court judicial salary standardization.......................... 10,836,700
Probate court judges' state base salaries............................... 10,500,400
Probate court judicial salary standardization........................... 4,669,600
OASI, social security................................................... 1,080,900
Court equity fund reimbursements........................................ 60,815,700
Drug case-flow program.................................................. 250,000
Drunk driving case-flow program......................................... 3,300,000
Judicial technology improvement fund.................................... 4,815,000
Juror compensation reimbursement........................................ 6,602,400
Statewide e-file system................................................. 8,511,700
TOTAL..................................................................... $ 147,443,700
Sec. 10-202. The appropriations authorized under this article are subject to the
management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594.
Sec. 10-203. As used in this part and part 1:
(a) "FTE" means full-time equated.
(b) "IDG" means interdepartmental grant.
(c) "OASI" means old age survivor's insurance.
Sec. 10-204. The reporting requirements of this part shall be completed with the
approval of, and at the direction of, the supreme court, except as otherwise provided
in this part. The judicial branch shall use the Internet to fulfill the reporting
requirements of this part. This may include transmission of reports via electronic
mail to the recipients identified for each reporting requirement, or it may include
placement of reports on an Internet or Intranet site.
Sec. 10-205. Funds appropriated in part 1 shall not be used for the purchase of
foreign goods or services, or both, if competitively priced and of comparable quality
American goods or services, or both, are available. Preference shall be given to goods
or services, or both, manufactured or provided by Michigan businesses, if they are
competitively priced and of comparable quality. In addition, preference should be
given to goods or services, or both, that are manufactured or provided by Michigan
businesses owned and operated by veterans, if they are competitively priced and of
comparable quality.
Sec. 10-207. Not later than January 1 of each year, the state court
administrative office shall prepare a report on out-of-state travel listing all travel
by judicial branch employees outside this state in the immediately preceding fiscal
year that was funded in whole or in part with funds appropriated in the budget for the
judicial branch. The report shall be submitted to the senate and house appropriations
committees, the senate and house fiscal agencies, and the state budget office. The
report shall include the following information:
(a) The dates of each travel occurrence.
(b) The transportation and related costs of each travel occurrence, including the
proportion funded with state general fund/general purpose revenues, the proportion
funded with state restricted revenues, the proportion funded with federal revenues,
and the proportion funded with other revenues.
Sec. 10-209. Not later than November 30, the state budget office shall prepare
and transmit a report that provides for estimates of the total general fund/general
purpose appropriation lapses at the close of the prior fiscal year. This report shall
summarize the projected year-end general fund/general purpose appropriation lapses by
major departmental program or program areas. The report shall be transmitted to the
chairpersons of the senate and house appropriations committees and the senate and
house fiscal agencies.
Sec. 10-211. From the funds appropriated in part 1, the judicial branch shall
maintain a searchable website accessible by the public at no cost that includes all
expenditures made by the judicial branch within a fiscal year. The posting shall
include the purpose for which each expenditure is made. The judicial branch shall not
provide financial information on its website under this section if doing so would
violate a federal or state law, rule, regulation, or guideline that establishes
privacy or security standards applicable to that financial information.
Sec. 10-212. Within 14 days after the release of the executive budget
recommendation, the judicial branch shall cooperate with the state budget office to
provide the senate and house appropriations committee chairs, the senate and house
appropriations subcommittee chairs, and the senate and house fiscal agencies with an
annual report on estimated state restricted fund balances, state restricted fund
projected revenues, and state restricted fund expenditures for the fiscal years ending
September 30, 2018 and September 30, 2019.
Sec. 10-213. The judiciary shall maintain, on a publicly accessible website, a
scorecard that identifies, tracks, and regularly updates key metrics that are used to
monitor and improve the judiciary's performance.
Sec. 10-214. Total authorized appropriations from all sources under part 1 for
legacy costs for the fiscal year ending September 30, 2019 are estimated at
$14,127,500.00. From this amount, total judiciary appropriations for pension-related
legacy costs are estimated at $6,513,000.00. Total judiciary appropriations for
retiree health care legacy costs are estimated at $7,614,500.00.
JUDICIAL BRANCH
Sec. 10-301. From the funds appropriated in part 1, the direct trial court
automation support program of the state court administrative office shall recover
direct and overhead costs from trial courts by charging for services rendered. The fee
shall cover the actual costs incurred to the direct trial court automation support
program in providing the service, including development of future versions of case
management systems.
Sec. 10-302. Funds appropriated within the judicial branch shall not be expended
by any component within the judicial branch without the approval of the supreme court.
Sec. 10-303. Of the amount appropriated in part 1 for the judicial branch,
$711,900.00 is allocated for circuit court reimbursement under section 3 of 1978 PA
16, MCL 800.453, and for costs associated with the court of claims.
Sec. 10-304. A member of the legislature may request a report or data from the
data collected in the judicial data warehouse. The report shall be made available to
the public upon request, unless disclosure is prohibited by court order or state or
federal law. Any data provided under this section shall be public and non-identifying
information.
Sec. 10-307. From the funds appropriated in part 1 for mental health courts and
diversion services, $1,730,000.00 is intended to address the recommendations of the
mental health diversion council.
Sec. 10-308. If sufficient funds are not available from the court fee fund to pay
judges' compensation, the difference between the appropriated amount from that fund
for judges' compensation and the actual amount available after the amount appropriated
for trial court reimbursement is made shall be appropriated from the state general
fund for judges' compensation. If an appropriation is made under this section, the
state court administrative office shall notify, within 14 days of the appropriation,
the senate and house standing committees on appropriations, the senate and house
appropriations subcommittees on judiciary, the senate and house fiscal agencies, and
the state budget office.
Sec. 10-309. By April 1, the state court administrative office shall provide a
report on drug treatment, mental health, and veterans court programs in this state.
The report shall include information on the number of each type of program that has
been established, the number of program participants in each jurisdiction, and the
impact of the programs on offender criminal involvement and recidivism. The report
shall be submitted to the senate and house appropriations subcommittees on judiciary,
the senate and house fiscal agencies, and the state budget office.
Sec. 10-311. (1) The funds appropriated in part 1 for drug treatment courts as
that term is defined in section 1060 of the revised judicature act of 1961, 1961 PA
236, MCL 600.1060, shall be administered by the state court administrative office to
operate drug treatment court programs. A drug treatment court shall be responsible for
handling cases involving substance abusing nonviolent offenders through comprehensive
supervision, testing, treatment services, and immediate sanctions and incentives. A
drug treatment court shall use all available county and state personnel involved in
the disposition of cases including, but not limited to, parole and probation agents,
prosecuting attorneys, defense attorneys, and community corrections providers. The
funds may be used in connection with other federal, state, and local funding sources.
(2) From the funds appropriated in part 1, the chief justice shall allocate
sufficient funds for the Michigan judicial institute to provide in-state training for
those identified in subsection (1), including training for new drug treatment court
judges.
(3) For drug treatment court grants, consideration for priority may be given to
those courts where higher instances of substance abuse cases are filed.
(4) The judiciary shall receive $1,500,000.00 in Byrne formula grant funding as
an interdepartmental grant from the department of state police to be used for
expansion of drug treatment courts, to assist in avoiding prison bed space growth for
nonviolent offenders in collaboration with the department of corrections.
Sec. 10-316. (1) From the funds appropriated in part 1 for pretrial risk
assessment, the state court administrative office shall pilot a pretrial risk
assessment tool in an effort to provide relevant information to judges so they can
make evidence-based bond decisions that will increase public safety and reduce costs
associated with unnecessary pretrial detention.
(2) The state court administrative office shall submit a report by October 30 to
the senate and house appropriations subcommittees on judiciary, the senate and house
fiscal agencies, and the state budget office on progress made toward implementing the
pretrial risk assessment tool.
Sec. 10-317. Funds appropriated in part 1 shall not be used for the permanent
assignment of state-owned vehicles to judges or any other judicial branch employee,
except justices. This section does not preclude the use of state-owned motor pool
vehicles for state business in accordance with approved guidelines.
Sec. 10-320. (1) From the funds appropriated in part 1 for the swift and sure
sanctions program, created under section 3 of chapter XIA of the code of criminal
procedure, 1927 PA 175, MCL 771A.3, the state court administrative office shall
administer a program to distribute grants to qualifying courts in accordance with the
objectives and requirements of the probation swift and sure sanctions act, chapter XIA
of the code of criminal procedure, 1927 PA 175, MCL 771A.1 to 771A.8. Of the funds
designated for the program, not more than $100,000.00 shall be available to the state
court administrative office to pay for employee costs associated with the
administration of the program funds. Of the funds designated for the program,
$500,000.00 is reserved for programs in counties that had more than 325 individuals
sentenced to prison in the previous calendar year. Courts interested in participating
in the swift and sure sanctions program may apply to the state court administrative
office for a portion of the funds appropriated in part 1 under this section.
(2) By April 1, the state court administrative office, in cooperation with the
department of corrections, shall provide a report on the courts that receive funding
under the swift and sure sanctions program described in subsection (1) to the senate
and house appropriations subcommittees on judiciary, the senate and house fiscal
agencies, and the state budget office. The report shall include all of the following:
(a) The number of offenders who participate in the program.
(b) The criminal history of offenders who participate in the program.
(c) The recidivism rate of offenders who participate in the program, including
the rate of return to jail, prison, or both.
(d) A detailed description of the establishment and parameters of the program.
(3) As used in this section, "program" means a swift and sure sanctions program
described in subsection (1).
Sec. 10-321. From the funds appropriated in part 1, the judicial branch shall
support a statewide legal self-help internet website and local nonprofit self-help
centers that use the statewide website to provide assistance to individuals
representing themselves in civil legal proceedings. The state court administrative
office shall summarize the costs of maintaining the website, provide statistics on the
number of people visiting the website, and provide information on content usage, form
completion, and user feedback. By March 1, the state court administrative office shall
report this information for the preceding fiscal year to the senate and house
appropriations subcommittees on judiciary, the senate and house fiscal agencies, and
the state budget office.
Sec. 10-322. If Byrne formula grant funding is awarded to the state appellate
defender, the state appellate defender office may receive and expend Byrne formula
grant funds in an amount not to exceed $250,000.00 as an interdepartmental grant from
the department of state police. If the appellate defender appointed under section 3 of
the appellate defender act, 1978 PA 620, MCL 780.713, receives federal grant funding
from the United States Department of Justice in excess of the amount appropriated in
part 1, the office of appellate defender may receive and expend grant funds in an
amount not to exceed $300,000.00 as other federal grants.
Sec. 10-324. From the funds appropriated in part 1 for the medication-assisted
treatment program, the judiciary shall maintain a medication-assisted treatment
program to provide treatment for opioid-addicted and alcohol-addicted individuals who
are referred to and voluntarily participate in the medication-assisted treatment
program.
Article 11
LEGISLATURE
PART 1
LINE-ITEM APPROPRIATIONS AND ANTICIPATED APPROPRIATIONS
Sec. 11-101. Subject to the conditions set forth in this article, the amounts
listed in this part for the legislature are appropriated for the fiscal year ending
September 30, 2019, and are anticipated to be appropriated for the fiscal year ending
September 30, 2020, from the funds indicated in this part. The following is a summary
of the appropriations and anticipated appropriations in this part:
LEGISLATURE
APPROPRIATION SUMMARY
GROSS APPROPRIATION...................................... $ 182,219,800 $ 181,469,800
Total interdepartmental grants and interdepartmental
transfers............................................... 5,823,400 5,823,400
ADJUSTED GROSS APPROPRIATION............................. $ 176,396,400 $ 175,646,400
Total federal revenues................................... 0 0
Total local revenues..................................... 0 0
Total private revenues................................... 400,000 400,000
Total other state restricted revenues.................... 6,403,100 6,403,100
State general fund/general purpose....................... $ 169,593,300 $ 168,843,300
State general fund/general purpose schedule:
Ongoing state general fund/general purpose............ 168,843,300 168,843,300
One-time state general fund/general purpose........... 750,000 0
Sec. 11-102. LEGISLATURE
Senate................................................... $ 36,910,700 $ 36,910,700
Senate automated data processing......................... 2,678,000 2,678,000
Senate fiscal agency..................................... 3,971,000 3,971,000
House of representatives................................. 56,766,900 56,766,900
House automated data processing.......................... 2,678,000 2,678,000
House fiscal agency...................................... 3,971,000 3,971,000
GROSS APPROPRIATION...................................... $ 106,975,600 $ 106,975,600
Appropriated from:
Special revenue funds:
State general fund/general purpose....................... $ 106,975,600 $ 106,975,600
Sec. 11-103. LEGISLATIVE COUNCIL
Legislative corrections ombudsman........................ $ 987,200 $ 987,200
Legislative council...................................... 12,781,900 12,781,900
Legislative service bureau automated data processing..... 1,740,700 1,740,700
Michigan veterans facility ombudsman..................... 309,000 309,000
National association dues................................ 224,000 224,000
Worker's compensation.................................... 151,400 151,400
GROSS APPROPRIATION...................................... $ 16,194,200 $ 16,194,200
Appropriated from:
Special revenue funds:
Private revenues......................................... 400,000 400,000
State general fund/general purpose....................... $ 15,794,200 $ 15,794,200
Sec. 11-104. LEGISLATIVE RETIREMENT SYSTEM
General nonretirement expenses........................... $ 5,202,200 $ 5,202,200
GROSS APPROPRIATION...................................... $ 5,202,200 $ 5,202,200
Appropriated from:
Special revenue funds:
Other state restricted revenues.......................... 1,201,300 1,201,300
State general fund/general purpose....................... $ 4,000,900 $ 4,000,900
Sec. 11-105. PROPERTY MANAGEMENT
Binsfeld Office Building................................. $ 8,270,900 $ 8,270,900
Cora Anderson building................................... 12,122,600 12,122,600
GROSS APPROPRIATION...................................... $ 20,393,500 $ 20,393,500
Appropriated from:
Special revenue funds:
State general fund/general purpose....................... $ 20,393,500 $ 20,393,500
Sec. 11-106. STATE CAPITOL HISTORIC SITE
Bond/lease obligations................................... $ 100 $ 100
General operations....................................... 4,573,200 4,573,200
Restoration, renewal, and maintenance.................... 3,193,000 3,193,000
GROSS APPROPRIATION...................................... $ 7,766,300 $ 7,766,300
Appropriated from:
Special revenue funds:
Other state restricted revenues.......................... 3,193,000 3,193,000
State general fund/general purpose....................... $ 4,573,300 $ 4,573,300
Sec. 11-107. OFFICE OF THE AUDITOR GENERAL
Unclassified salaries.................................... $ 346,000 $ 346,000
Field operations......................................... 24,592,000 24,592,000
GROSS APPROPRIATION...................................... $ 24,938,000 $ 24,938,000
Appropriated from:
Interdepartmental grant revenues:
IDG from department of health and human services......... 31,200 31,200
IDG from department of licensing and regulatory
affairs................................................. 158,400 158,400
IDG from department of military and veterans affairs..... 50,000 50,000
IDG from department of state police...................... 41,700 41,700
IDG from department of talent and economic development... 270,700 270,700
IDG from department of technology, management and
budget.................................................. 700,000 700,000
IDG from department of transportation.................... 1,141,100 1,141,100
IDG from department of treasury.......................... 337,400 337,400
IDG from other restricted funding........................ 3,092,900 3,092,900
Special revenue funds:
21st century jobs fund................................... 98,200 98,200
Other state restricted revenues.......................... 1,910,600 1,910,600
State general fund/general purpose....................... $ 17,105,800 $ 17,105,800
Sec. 11-108. ONE-TIME APPROPRIATIONS
Legislative information technology design special
project................................................. $ 750,000 $ 0
GROSS APPROPRIATION...................................... $ 750,000 $ 0
Appropriated from:
Special revenue funds:
State general fund/general purpose....................... $ 750,000 $ 0
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
FISCAL YEAR 2019
GENERAL SECTIONS
Sec. 11-201. Pursuant to section 30 of article IX of the state constitution of
1963, total state spending from state resources under part 1 for the fiscal year 2019
is $175,996,400.00 and state spending from state resources to be paid to local units
of government for fiscal year 2019 is $0.00.
Sec. 11-202. The appropriations authorized under this article are subject to the
management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594.
Sec. 11-203. As used in this part and part 1:
(a) "FTE" means full-time equated.
(b) "IDG" means interdepartmental grant.
(c) "IT" means information technology.
LEGISLATURE
Sec. 11-600. The senate, the house of representatives, or an agency within the
legislative branch may receive, expend, and transfer funds in addition to those
authorized in part 1.
Sec. 11-601. (1) Funds appropriated in part 1 to an entity within the legislative
branch shall not be expended or transferred to another account without written
approval of the authorized agent of the legislative entity. If the authorized agent of
the legislative entity notifies the state budget director of its approval of an
expenditure or transfer before the year-end book-closing date for that legislative
entity, the state budget director shall immediately make the expenditure or transfer.
The authorized legislative entity agency shall be designated by the speaker of the
house of representatives for house entities, the senate majority leader for senate
entities, and the legislative council for legislative council entities.
(2) Funds appropriated within the legislative branch, to a legislative council
component, shall not be expended by any agency or other subgroup included in that
component without the approval of the legislative council.
Sec. 11-602. The senate may charge rent and assess charges for utility costs. The
amounts received for rent charges and utility assessments are appropriated to the
senate for the renovation, operation, and maintenance of the Senate Office Building
and other properties.
Sec. 11-603. (1) From the appropriation contained in part 1 for national
association dues, the first $34,800.00 shall be paid to the National Conference of
Commissioners of Uniform State Laws. The remaining funds shall be distributed
accordingly by the legislative council.
(2) If any funds remain after all required dues payments have been made as
specified in subsection (1), the Legislative Council may approve the use of up to
$10,000.00 to pay for the registration fees of any state employees who serve as board
members to any of the national associations receiving state funds for annual dues to
attend that national association's annual conference. If any of the $10,000.00 remains
after national board member's registration fees are paid, the remaining funds may be
used to pay for the registration fees for any other state employees to attend the
annual conference of any of the national associations receiving state funds for annual
dues as prescribed in subsection (1).
Sec. 11-604. (1) The appropriation in part 1 to the Michigan state capitol
historic site includes funds to operate the legislative parking facilities in the
capitol area. The Michigan state capitol commission shall establish rules regarding
the operation of the legislative parking facilities.
(2) The Michigan state capitol commission shall collect a fee from state
employees and the general public using certain legislative parking facilities. The
revenues received from the parking fees are appropriated upon receipt and shall be
allocated by the Michigan state capitol commission.
Sec. 11-605. The unexpended funds appropriated in part 1 for the legislative
council are designated as a work project appropriation, and any unencumbered or
unallotted funds shall not lapse at the end of the fiscal year and shall be available
for expenditures for projects under this section until the projects have been
completed. The following is in compliance with section 451a of the management and
budget act, 1984 PA 431, MCL 18.1451a:
(a) The purpose of the project is publication of the Michigan manual.
(b) The project will be accomplished by utilizing state employees or contracts
with service providers, or both.
(c) The total estimated cost of the project is $3,000,000.00.
(d) The tentative completion date is September 30, 2023.
Sec. 11-606. The unexpended funds appropriated in part 1 for property management
are designated as a work project appropriation, and any unencumbered or unallotted
funds shall not lapse at the end of the fiscal year and shall be available for
expenditures for projects under this section until the projects have been completed.
The following is in compliance with section 451a of the management and budget act,
1984 PA 431, MCL 18.1451a:
(a) The purpose of the project is to purchase equipment and services for building
maintenance in order to ensure a safe and productive work environment.
(b) The project will be accomplished by utilizing state employees or contracts
with service providers, or both.
(c) The total estimated cost of the project is $2,000,000.00.
(d) The tentative completion date is September 30, 2022.
Sec. 11-607. The unexpended funds appropriated in part 1 for automated data
processing are designated as a work project appropriation, and any unencumbered or
unallotted funds shall not lapse at the end of the fiscal year and shall be available
for expenditures for projects under this section until the projects have been
completed. The following is in compliance with section 451a of the management and
budget act, 1984 PA 431, MCL 18.1451a:
(a) The purpose of the project is to purchase equipment, software, and services
in order to support and implement data processing requirements and technology
improvements.
(b) The project will be accomplished by utilizing state employees or contracts
with service providers, or both.
(c) The total estimated cost of the project is $3,000,000.00.
(d) The tentative completion date is September 30, 2023.
Sec. 11-608. In addition to funds appropriated in part 1, the Michigan capitol
committee publications save the flags fund account may accept contributions, gifts,
bequests, devises, grants, and donations. Those funds that are not expended in the
fiscal year ending September 30 shall not lapse at the close of the fiscal year, and
shall be carried forward for expenditure in the following fiscal years.
Sec. 11-616. The unexpended funds appropriated in part 1 for the legislative IT
design special project are designated as a work project appropriation, and any
unencumbered or unallotted funds shall not lapse at the end of the fiscal year and
shall be available for expenditures for projects under this section until the projects
have been completed. The following is in compliance with section 451a of the
management and budget act, 1984 PA 431, MCL 18.1451a:
(a) The purpose of the project is for the continued design, development, and
implementation of the legislative computer system.
(b) The project will be accomplished by utilizing state employees or contracts
with service providers, or both.
(c) The total estimated cost of the project is $12,750,000.00.
(d) The tentative completion date is September 30, 2023.
(e) Funds described in this section shall not be expended without written
approval of the senate majority leader or his or her designee, the speaker of the
house of representatives or his or her designee, and the legislative council
administrator or his or her designee.
LEGISLATIVE AUDITOR GENERAL
Sec. 11-620. Pursuant to section 53 of article IV of the state constitution of
1963, the auditor general shall conduct audits of the judicial branch. The audits may
include the supreme court and its administrative units, the court of appeals, and
trial courts.
Sec. 11-621. (1) The auditor general shall take all reasonable steps to ensure
that certified minority- and women-owned and operated accounting firms, and accounting
firms owned and operated by persons with disabilities participate in the audits of the
books, accounts, and financial affairs of each principal executive department, branch,
institution, agency, and office of this state.
(2) The auditor general shall strongly encourage firms with which the auditor
general contracts to perform audits of the principal executive departments and state
agencies to subcontract with certified minority- and women-owned and operated
accounting firms, and accounting firms owned and operated by persons with
disabilities.
(3) The auditor general shall compile an annual report regarding the number of
contracts entered into with certified minority- and women-owned and operated
accounting firms, and accounting firms owned and operated by persons with
disabilities. The auditor general shall deliver the report to the state budget
director and the senate and house of representatives standing committees on
appropriations subcommittees on general government by November 1 of each year.
Sec. 11-622. From the funds appropriated in part 1 to the legislative auditor
general, the auditor general's salary and the salaries of the remaining 2.0 FTE
unclassified positions shall be set by the speaker of the house of representatives,
the senate majority leader, the house of representatives minority leader, and the
senate minority leader.
Sec. 11-623. Any audits, reviews, or investigations requested of the auditor
general by the legislature or by legislative leadership, legislative committees, or
individual legislators shall include an estimate of the additional costs involved and,
when those costs exceed $50,000.00, should provide supplemental funding. The auditor
general shall determine whether to perform those activities in keeping with Audit
Directive No. 29, which describes the office of the auditor general's policy on
responding to legislative requests.
Sec. 11-624. If the auditor general conducts a subsequent audit pursuant to
section 229 of this part, the auditor general may charge fees and collect revenues in
excess of appropriations in part 1 not to exceed the cost of any audit conducted
pursuant to section 229 of this part. Any revenues and fees collected pursuant to this
section are appropriated for expenditure for all expenses associated with an audit
conducted pursuant to section 229 of this part.
Article 12
DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS
PART 1
LINE-ITEM APPROPRIATIONS AND ANTICIPATED APPROPRIATIONS
Sec. 12-101. Subject to the conditions set forth in this article, the amounts
listed in this part for the department of licensing and regulatory affairs are
appropriated for the fiscal year ending September 30, 2019, and are anticipated to be
appropriated for the fiscal year ending September 30, 2020, from the funds indicated
in this part. The following is a summary of the appropriations and anticipated
appropriations in this part:
DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS
APPROPRIATION SUMMARY
Full-time equated unclassified positions................ 57.5 57.5
Full-time equated classified positions.................. 2,322.3 2,322.3
GROSS APPROPRIATION...................................... $ 500,462,100 $ 500,462,100
Total interdepartmental grants and interdepartmental
transfers............................................... 48,414,300 48,414,300
ADJUSTED GROSS APPROPRIATION............................. $ 452,047,800 $ 452,047,800
Total federal revenues................................... 65,744,400 65,744,400
Total local revenues..................................... 100,000 100,000
Total private revenues................................... 111,800 111,800
Total other state restricted revenues.................... 297,271,300 297,271,300
State general fund/general purpose....................... $ 88,820,300 $ 88,820,300
State general fund/general purpose schedule:
Ongoing state general fund/general purpose............ 88,820,300 88,820,300
One-time state general fund/general purpose........... 0 0
Sec. 12-102. DEPARTMENTAL ADMINISTRATION AND SUPPORT
Full-time equated unclassified positions................ 57.5 57.5
Full-time equated classified positions.................. 108.0 108.0
Unclassified salaries-57.5 FTE positions................. $ 5,107,700 $ 5,107,700
Administrative services-77.0 FTE positions............... 8,810,100 8,810,100
Executive director programs-24.0 FTE positions........... 3,256,500 3,256,500
FOIA coordination-3.0 FTE positions...................... 314,900 314,900
Office for new Americans-4.0 FTE positions............... 480,200 480,200
Property management...................................... 11,488,900 11,488,900
Worker's compensation.................................... 318,500 318,500
GROSS APPROPRIATION...................................... $ 29,776,800 $ 29,776,800
Appropriated from:
Interdepartmental grant revenues:
IDG from department of insurance and financial
services................................................ 150,000 150,000
IDG from department of talent and economic development... 601,100 601,100
Federal revenues:
Other federal revenues................................... 2,657,900 2,657,900
Special revenue funds:
Other state restricted revenues.......................... 25,159,200 25,159,200
State general fund/general purpose....................... $ 1,208,600 $ 1,208,600
Sec. 12-103. ENERGY AND UTILITY PROGRAMS
Full-time equated classified positions.................. 208.0 208.0
Michigan agency for energy -58.0 FTE positions........... $ 12,759,000 $ 12,759,000
Public service commission-150.0 FTE positions............ 26,252,800 26,252,800
GROSS APPROPRIATION...................................... $ 39,011,800 $ 39,011,800
Appropriated from:
Federal revenues:
Other federal revenues................................... 6,007,800 6,007,800
Special revenue funds:
Other state restricted revenues.......................... 32,444,400 32,444,400
State general fund/general purpose....................... $ 559,600 $ 559,600
Sec. 12-104. LIQUOR CONTROL COMMISSION
Full-time equated classified positions.................. 143.0 143.0
Liquor licensing and enforcement-115.0 FTE positions..... $ 16,006,400 $ 16,006,400
Management support services-28.0 FTE positions........... 4,518,400 4,518,400
GROSS APPROPRIATION...................................... $ 20,524,800 $ 20,524,800
Appropriated from:
Special revenue funds:
Other state restricted revenues.......................... 20,524,800 20,524,800
State general fund/general purpose....................... $ 0 $ 0
Sec. 12-105. OCCUPATIONAL REGULATION
Full-time equated classified positions.................. 1,143.9 1,143.9
Bureau of community and health systems-426.9 FTE
positions............................................... $ 63,085,000 $ 63,085,000
Bureau of construction codes-182.0 FTE positions......... 23,839,300 23,839,300
Bureau of fire services-78.0 FTE positions............... 11,175,500 11,175,500
Bureau of professional licensing-206.0 FTE positions..... 39,834,200 39,834,200
Corporations, securities, and commercial licensing
bureau-118.0 FTE positions.............................. 15,431,400 15,431,400
Medical marihuana facilities licensing and tracking-
108.0 FTE positions..................................... 10,000,000 10,000,000
Medical marihuana program-25.0 FTE positions............. 5,001,300 5,001,300
GROSS APPROPRIATION...................................... $ 168,366,700 $ 168,366,700
Appropriated from:
Interdepartmental grant revenues:
IDG from department of education......................... 17,794,900 17,794,900
Federal revenues:
Other federal revenues................................... 22,910,400 22,910,400
Special revenue funds:
Other state restricted revenues.......................... 102,251,900 102,251,900
State general fund/general purpose....................... $ 25,409,500 $ 25,409,500
Sec. 12-106. EMPLOYMENT SERVICES
Full-time equated classified positions.................. 464.4 464.4
Bureau of employment relations-22.0 FTE positions........ $ 4,289,800 $ 4,289,800
Bureau of services for blind persons-113.0 FTE
positions............................................... 24,931,000 24,931,000
Compensation supplement fund............................. 1,820,000 1,820,000
First responder presumed coverage claims................. 5,245,000 5,245,000
Insurance funds administration-23.0 FTE positions........ 5,031,200 5,031,200
Michigan occupational safety and health
administration-218.4 FTE positions...................... 32,717,300 32,717,300
Wage and hour program-32.0 FTE positions................. 3,826,100 3,826,100
Worker's compensation agency-56.0 FTE positions.......... 8,177,000 8,177,000
GROSS APPROPRIATION...................................... $ 86,037,400 $ 86,037,400
Appropriated from:
Federal revenues:
Other federal revenues................................... 31,286,100 31,286,100
Special revenue funds:
Local revenues........................................... 100,000 100,000
Private revenues......................................... 111,800 111,800
Other state restricted revenues.......................... 44,438,400 44,438,400
State general fund/general purpose....................... $ 10,101,100 $ 10,101,100
Sec. 12-107. MICHIGAN ADMINISTRATIVE HEARING SYSTEM
Full-time equated classified positions.................. 236.0 236.0
Michigan administrative hearing system-218.0 FTE
positions............................................... $ 38,607,100 $ 38,607,100
Michigan compensation appellate commission-18.0 FTE
positions............................................... 4,649,000 4,649,000
GROSS APPROPRIATION...................................... $ 43,256,100 $ 43,256,100
Appropriated from:
Interdepartmental grant revenues:
IDG from department of talent and economic development... 4,306,700 4,306,700
IDG from other restricted funding........................ 25,561,600 25,561,600
Federal revenues:
Other federal revenues................................... 153,900 153,900
Special revenue funds:
Other state restricted revenues.......................... 12,538,100 12,538,100
State general fund/general purpose....................... $ 695,800 $ 695,800
Sec. 12-108. COMMISSIONS
Full-time equated classified positions.................. 19.0 19.0
Asian Pacific American affairs commission-1.0 FTE
position................................................ $ 137,400 $ 137,400
Commission on Middle Eastern American affairs-1.0 FTE
position................................................ 125,000 125,000
Hispanic/Latino commission of Michigan-1.0 FTE
position................................................ 288,300 288,300
Michigan indigent defense commission-16.0 FTE
positions............................................... 2,420,700 2,420,700
GROSS APPROPRIATION...................................... $ 2,971,400 $ 2,971,400
Appropriated from:
Special revenue funds:
State general fund/general purpose....................... $ 2,971,400 $ 2,971,400
Sec. 12-109. GRANTS
Fire protection grants................................... $ 8,500,000 $ 8,500,000
Firefighter training grants.............................. 2,000,000 2,000,000
Liquor law enforcement grants............................ 8,400,000 8,400,000
Michigan indigent defense commission grants.............. 61,300,000 61,300,000
Remonumentation grants................................... 7,300,000 7,300,000
Subregional libraries state aid.......................... 451,800 451,800
Utility consumer representation.......................... 750,000 750,000
GROSS APPROPRIATION...................................... $ 88,701,800 $ 88,701,800
Appropriated from:
Special revenue funds:
Other state restricted revenues.......................... 42,250,000 42,250,000
State general fund/general purpose....................... $ 46,451,800 $ 46,451,800
Sec. 12-110. INFORMATION TECHNOLOGY
Information technology services and projects............. $ 21,815,300 $ 21,815,300
GROSS APPROPRIATION...................................... $ 21,815,300 $ 21,815,300
Appropriated from:
Federal revenues:
Other federal revenues................................... 2,728,300 2,728,300
Special revenue funds:
Other state restricted revenues.......................... 17,664,500 17,664,500
State general fund/general purpose....................... $ 1,422,500 $ 1,422,500
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
FISCAL YEAR 2019
GENERAL SECTIONS
Sec. 12-201. Pursuant to section 30 of article IX of the state constitution of
1963, total state spending from state resources under part 1 for the fiscal year 2019
is $386,091,600.00 and state spending from state resources to be paid to local units
of government for fiscal year 2019 is $87,951,800.00. 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.................................................. $ 8,500,000
Firefighter training grants............................................. 2,000,000
Liquor law enforcement grants........................................... 8,400,000
Michigan indigent defense commission grants............................. 61,300,000
Remonumentation grants.................................................. 7,300,000
Subregional libraries state aid......................................... 451,800
TOTAL..................................................................... $ 87,951,800
Sec. 12-202. The appropriations authorized under this article are subject to the
management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594.
Sec. 12-203. As used in this article:
(a) "Department" means the department of licensing and regulatory affairs.
(b) "Director" means the director of the department.
(c) "FOIA" means the freedom of information act, 1976 PA 442, MCL 15.231 to
15.246.
(d) "FTE" means full-time equated.
(e) "IDG" means interdepartmental grant.
Sec. 12-204. The departments and agencies receiving appropriations in part 1
shall use the Internet to fulfill the reporting requirements of this article. This
requirement may include transmission of reports via electronic mail to the recipients
identified for each reporting requirement, or it may include placement of reports on
an Internet or Intranet site.
Sec. 12-205. Funds appropriated in part 1 shall not be used for the purchase of
foreign goods or services, or both, if competitively priced and of comparable quality
American goods or services, or both, are available. Preference shall be given to goods
or services, or both, manufactured or provided by Michigan businesses, if they are
competitively priced and of comparable quality. In addition, preference should be
given to goods or services, or both, that are manufactured or provided by Michigan
businesses owned and operated by veterans, if they are competitively priced and of
comparable quality.
Sec. 12-206. The director shall take all reasonable steps to ensure businesses in
deprived and depressed communities compete for and perform contracts to provide
services or supplies, or both. Each director shall strongly encourage firms with which
the department contracts to subcontract with certified businesses in depressed and
deprived communities for services, supplies, or both.
Sec. 12-207. The departments and agencies receiving appropriations in part 1
shall prepare a report on out-of-state travel expenses not later than January 1 of
each year. The travel report shall be a listing of all travel by classified and
unclassified employees outside this state in the immediately preceding fiscal year
that was funded in whole or in part with funds appropriated in the department's
budget. The report shall be submitted to the senate and house appropriations
committees, the house and senate fiscal agencies, and the state budget director. The
report shall include the following information:
(a) The dates of each travel occurrence.
(b) The transportation and related costs of each travel occurrence, including the
proportion funded with state general fund/general purpose revenues, the proportion
funded with state restricted revenues, the proportion funded with federal revenues,
and the proportion funded with other revenues.
Sec. 12-208. Funds appropriated in part 1 shall not be used by a principal
executive department, state agency, or authority to hire a person to provide legal
services that are the responsibility of the attorney general. This prohibition does
not apply to legal services for bonding activities and for those outside services that
the attorney general authorizes.
Sec. 12-209. Not later than November 30, the state budget office shall prepare
and transmit a report that provides for estimates of the total general fund/general
purpose appropriation lapses at the close of the prior fiscal year. This report shall
summarize the projected year-end general fund/general purpose appropriation lapses by
major departmental program or program areas. The report shall be transmitted to the
chairpersons of the senate and house appropriations committees and the senate and
house fiscal agencies.
Sec. 12-210. (1) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $10,000,000.00 for federal contingency funds.
These funds are not available for expenditure until they have been transferred to
another line item in this article under section 393(2) of the management and budget
act, 1984 PA 431, MCL 18.1393.
(2) In addition to the funds appropriated in part 1, there is appropriated an
amount not to exceed $25,000,000.00 for state restricted contingency funds. These
funds are not available for expenditure until they have been transferred to another
line item in this article under section 393(2) of the management and budget act, 1984
PA 431, MCL 18.1393.
(3) In addition to the funds appropriated in part 1, there is appropriated an
amount not to exceed $1,000,000.00 for local contingency funds. These funds are not
available for expenditure until they have been transferred to another line item in
this article under section 393(2) of the management and budget act, 1984 PA 431, MCL
18.1393.
(4) In addition to the funds appropriated in part 1, there is appropriated an
amount not to exceed $500,000.00 for private contingency funds. These funds are not
available for expenditure until they have been transferred to another line item in
this article under section 393(2) of the management and budget act, 1984 PA 431, MCL
18.1393.
Sec. 12-211. The department shall cooperate with the department of technology,
management and budget to maintain a searchable website accessible by the public at no
cost that includes, but is not limited to, all of the following for each department or
agency:
(a) Fiscal year-to-date expenditures by category.
(b) Fiscal year-to-date expenditures by appropriation unit.
(c) Fiscal year-to-date payments to a selected vendor, including the vendor name,
payment date, payment amount, and payment description.
(d) The number of active department employees by job classification.
(e) Job specifications and wage rates.
Sec. 12-212. Within 14 days after the release of the executive budget
recommendation, the department shall cooperate with the state budget office to provide
the senate and house appropriations chairs, the senate and house appropriations
subcommittees chairs, and the senate and house fiscal agencies with an annual report
on estimated state restricted fund balances, state restricted fund projected revenues,
and state restricted fund expenditures for the fiscal years ending September 30, 2018
and September 30, 2019.
Sec. 12-213. The department shall maintain, on a publicly accessible website, a
department scorecard that identifies, tracks and regularly updates key metrics that
are used to monitor and improve the department's performance.
Sec. 12-214. Total authorized appropriations from all sources under part 1 for
legacy costs for the fiscal year ending September 30, 2019 are estimated at
$57,167,300.00. From this amount, total agency appropriations for pension-related
legacy costs are estimated at $26,355,100.00. Total agency appropriations for retiree
health care legacy costs are estimated at $30,812,200.00.
Sec. 12-215. Unless prohibited by law, the department may accept credit card or
other electronic means of payment for licenses, fees, or permits.
Sec. 12-221. The department may carry into the succeeding fiscal year unexpended
federal pass-through funds to local institutions and governments that do not require
additional state matching funds. Federal pass-through funds to local institutions and
governments that are received in amounts in addition to those included in part 1 and
that do not require additional state matching funds are appropriated for the purposes
intended. Within 14 days after the receipt of federal pass-through funds, the
department shall notify the house and senate chairpersons of the subcommittees, the
fiscal agencies, and the state budget director of pass-through funds appropriated
under this section.
Sec. 12-222. (1) Grants supported with private revenues received by the
department are appropriated upon receipt and are available for expenditure by the
department, subject to subsection (3), for purposes specified within the grant
agreement and as permitted under state and federal law.
(2) Within 10 days after the receipt of a private grant appropriated in
subsection (1), the department shall notify the house and senate chairpersons of the
subcommittees, the fiscal agencies, and the state budget director of the receipt of
the grant, including the fund source, purpose, and amount of the grant.
(3) The amount appropriated under subsection (1) shall not exceed $1,500,000.00.
Sec. 12-223. (1) The department may charge registration fees to attendees of
informational, training, or special events sponsored by the department.
(2) These fees shall reflect the costs for the department to sponsor the
informational, training, or special events.
(3) Revenue generated by the registration fees is appropriated upon receipt and
available for expenditure to cover the department's costs of sponsoring informational,
training, or special events.
(4) Revenue generated by registration fees in excess of the department's costs of
sponsoring informational, training, or special events shall carry forward to the
subsequent fiscal year and not lapse to the general fund.
(5) The amount appropriated under subsection (3) shall not exceed $500,000.00.
Sec. 12-224. The department may make available to interested entities otherwise
unavailable customized listings of nonconfidential information in its possession, such
as names and addresses of licensees. The department may establish and collect a
reasonable charge to provide this service. The revenue received from this service is
appropriated when received and shall be used to offset expenses to provide the
service. Any balance of this revenue collected and unexpended at the end of the fiscal
year shall lapse to the appropriate restricted fund.
Sec. 12-225. (1) The department shall sell documents at a price not to exceed the
cost of production and distribution. Money received from the sale of these documents
shall revert to the department. In addition to the funds appropriated in part 1, these
funds are available for expenditure when they are received by the department of
treasury. This subsection applies only for the following documents:
(a) Corporation and securities division documents, reports, and papers required
or permitted by law pursuant to section 1060(5) of the business corporation act, 1972
PA 284, MCL 450.2060.
(b) The Michigan liquor control code of 1998, 1998 PA 58, MCL 436.1101 to
436.2303.
(c) The mobile home commission act, 1987 PA 96, MCL 125.2301 to 125.2350; the
business corporation act, 1972 PA 284, MCL 450.1101 to 450.2098; the nonprofit
corporation act, 1982 PA 162, MCL 450.2101 to 450.3192; and the uniform securities act
(2002), 2008 PA 551, MCL 451.2101 to 451.2703.
(d) Worker's compensation health care services rules.
(e) Construction code manuals.
(f) Copies of transcripts from administrative law hearings.
(2) In addition to the funds appropriated in part 1, funds appropriated for the
department under sections 55, 57, 58, and 59 of the administrative procedures act of
1969, 1969 PA 306, MCL 24.255, 24.257, 24.258, and 24.259, and section 203 of the
legislative council act, 1986 PA 268, MCL 4.1203, are appropriated for all expenses
necessary to provide for the cost of publication and distribution.
(3) Unexpended funds at the end of the fiscal year shall carry forward to the
subsequent fiscal year and not lapse to the general fund.
ENERGY AND UTILITY PROGRAMS
Sec. 12-301. The Michigan agency for energy administers the low-income energy
assistance grant program on behalf of the Michigan department of health and human
services via an interagency agreement. Funds supporting the grant program are
appropriated in the department upon awarding of grants and may be expended for grant
payments and administrative related expenses incurred in the operation of the program.
LIQUOR CONTROL COMMISSION
Sec. 12-402. (1) From the appropriations in part 1 from the direct shipper
enforcement fund, the liquor control commission shall expend these funds as required
under section 203(11) of the Michigan liquor control code of 1998, 1998 PA 58, MCL
436.1203, to investigate and audit unlawful direct shipments of wine by unlicensed
wineries and retailers, with priority directed toward unlicensed out-of-state
retailers and third-party marketers. The commission shall use shipping records
available to it under section 203(21) of the Michigan liquor control code of 1998,
1998 PA 58, MCL 436.1203, to assist with this effort.
(2) By February 1, the liquor control commission shall provide a report to the
legislature 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 include the following:
(a) Work hours spent, specific actions undertaken, and the number of FTEs
dedicated to identify and stop unlicensed out-of-state retailers, third-party
marketers, and wineries that ship illegally in Michigan.
(b) General overview of expenditures associated with efforts to identify and stop
unlicensed out-of-state retailers, third-party marketers, and wineries that ship
illegally in Michigan.
(c) Number of out-of-state entities found to have illegally shipped wine into
Michigan and total number of bottles (750 ml), number of cases with 750ml, number of
liters, or number of gallons of illegally shipped wine. These items shall be broken
down by total number of retailers and total number of wineries.
(d) Suggested areas of focus on how to address direct shipper enforcement and
illegal importation in the future.
OCCUPATIONAL REGULATION
Sec. 12-501. Money appropriated under this part and part 1 for the bureau of fire
services shall not be expended unless, in accordance with section 2c of the fire
prevention code, 1941 PA 207, MCL 29.2c, inspection and plan review fees will be
charged according to the following schedule:
Operation and maintenance inspection fee
Facility type Facility size Fee
Hospitals Any $8.00 per bed
Plan review and construction inspection fees for hospitals and schools
Project cost range FeeMMMM
$101,000.00 or less minimum fee of $155.00
$101,001.00 to $1,500,000.00 $1.60 per $1,000.00
$1,500,001.00 to $10,000,000.00 $1.30 per $1,000.00
$10,000,001.00 or more $1.10 per $1,000.00
or a maximum fee of $60,000.00.
Sec. 12-502. The funds collected by the department for licenses, permits, and
other elevator regulation fees set forth in the Michigan Administrative Code and as
determined under section 8 of 1976 PA 333, MCL 338.2158, and section 16 of 1967 PA
227, MCL 408.816, that are unexpended at the end of the fiscal year shall carry
forward to the subsequent fiscal year.
Sec. 12-503. No later than February 15, the department shall submit a report to
the subcommittees, fiscal agencies, and state budget director providing the following
information:
(a) The number of honorably discharged veterans, individually or if a majority
interest of a corporation or limited liability company, that were exempted from paying
licensure, registration, filing, or any other fees collected under each licensure or
regulatory program administered by the bureau of construction codes and the
corporations, securities, and commercial licensing bureau during the preceding fiscal
year.
(b) The specific fees and total amount of revenue exempted under each licensure
or regulatory program administered by the bureau of construction codes and the
corporations, securities, and commercial licensing bureau during the preceding fiscal
year.
(c) The actual costs of providing licensing and other regulatory services to
veterans exempted from paying licensure, registration, filing, or any other fees
during the preceding fiscal year and a description of how these costs were calculated.
(d) The estimated amount of revenue that will be exempted under each licensure or
regulatory program administered by the bureau of construction codes and the
corporations, securities, and commercial licensing bureau in both the current and
subsequent fiscal years and a description of how the exempted revenue was estimated.
Sec. 12-505. Funds remaining in the homeowner construction lien recovery fund are
appropriated to the department for payment of court-ordered homeowner construction
lien recovery fund judgments entered prior to August 23, 2010. Pursuant to available
funds, the payment of final judgments shall be made in the order in which the final
judgments were entered and began accruing interest.
Sec. 12-507. The department shall submit by January 31 to the standing committees
on appropriations of the senate and house of representatives, the fiscal agencies, and
the state budget director an annual report for the prior fiscal year regarding the
medical marihuana program under the Michigan medical marihuana act, 2008 IL 1, MCL
333.26421 to 333.26430.
Sec. 12-508. If the revenue collected by the department for health systems
administration or radiological health administration and projects from fees and
collections exceeds the amount appropriated in part 1, the revenue may be carried
forward into the subsequent fiscal year. The revenue carried forward under this
section shall be used as the first source of funds in the subsequent fiscal year.
Sec. 12-511. No later than February 1, the department shall submit a report to
the subcommittees, fiscal agencies, and state budget director providing the following
information:
(a) The total amount of reimbursements made to local units of government for
delegated inspections of fireworks retail locations pursuant to section 11 of the
Michigan fireworks safety act, 2011 PA 256, MCL 28.461, from the funds appropriated in
part 1 for the bureau of fire services during the preceding fiscal year.
(b) The amount of reimbursement for delegated inspections of fireworks retail
locations for each local unit of government that received reimbursement from the funds
appropriated in part 1 for the bureau of fire services during the preceding fiscal
year.
Sec. 12-513. (1) Beginning October 1, for the purpose of defraying the costs
associated with responding to false final inspection appointments and to discourage
the practice of calling for final inspections when the project is incomplete or
noncompliant with a plan of correction previously provided by the bureau of fire
services, the bureau of fire services may assess a fee not to exceed $200.00 for
responding to a second or subsequent confirmed false inspection appointment. Fees
collected under this section shall be deposited into the restricted account referenced
by section 2c(2) of the fire prevention code, 1941 PA 207, MCL 29.2c, and explicitly
identified within the statewide integrated governmental management applications
system.
(2) Not later than September 30, the department shall prepare a report that
provides the amount of the fee assessed under subsection (1), the number of fees
assessed and issued per region, the cost allocation for the work performed and reduced
as a result of this section, and any recommendations for consideration by the
legislature. The department shall submit this information to the state budget
director, the subcommittees, and the fiscal agencies.
Sec. 12-515. The department shall assess and collect fees in the licensing and
regulation of child care organizations, as described in 1973 PA 116, MCL 722.111 to
722.128, and adult foster care facilities, as described in the adult foster care
facility licensing act, 1979 PA 218, MCL 400.701 to 400.737.
Sec. 12-517. The department shall submit a report on the Michigan automated
prescription system to the senate and house appropriations committees and the senate
and house fiscal agencies by November 30. The report shall include, but is not limited
to, the following:
(a) Total number of licensed health professionals registered to the Michigan
automated prescription system.
(b) Total number of dispensers registered to the Michigan automated prescription
system.
(c) Total number of prescribers using the Michigan automated prescription system.
(d) Total number of dispensers using the Michigan automated prescription system.
(e) Number of cases related to overprescribing, overdispensing, and drug
diversion where the department took administrative action as a result of information
and data generated from the Michigan automated prescription system.
(f) The number of hospitals, doctor's offices, pharmacies, and other health
facilities that have integrated the Michigan automated prescription system into their
electronic health records system.
(g) Total number of delegate users registered to the Michigan automated
prescription system.
Sec. 12-518. From the amount appropriated in part 1 for the bureau of community
and health systems, upon receipt of the order of suspension of a licensed adult foster
care home, home for the aged, or nursing home, the department shall serve the facility
and provide contemporaneous notice to the offices of legislators representing a
district where the licensed facility is situated.
Sec. 12-519. The department shall submit a report regarding the medical marihuana
facilities licensing and tracking program to the standing committees on appropriations
of the senate and house, the senate and house fiscal agencies, and the state budget
director by March 1. The report shall include, but is not limited to, the following:
(a) The number of initial license applications received for each license
category.
(b) The number of initial applications approved and the number of initial license
applications denied.
(c) The average amount of time, from receipt to approval or denial, to process an
initial application.
(d) The total number of license applications approved by license category and by
county.
(e) The total amount collected from application fees.
(f) The total amount collected from any established regulatory assessment.
(g) The costs of administering the medical marihuana facilities licensing and
tracking program.
EMPLOYMENT SERVICES
Sec. 12-704. (1) The appropriation in part 1 for the bureau of services for blind
persons includes funds for case services. These funds may be used for tuition payments
for blind clients.
(2) Revenue collected by the bureau of services for blind persons and from
private and local sources that is unexpended at the end of the fiscal year may carry
forward to the subsequent fiscal year.
Sec. 12-707. The bureau of services for blind persons may provide and enter into
agreements to provide general services, training, meetings, information, special
equipment, software, facility use, and technical consulting services to other
principal executive departments, state agencies, local units of government, the
judicial branch of government, other organizations, and patrons of department
facilities. The department may charge fees for these services that are reasonably
related to the cost of providing the services. In addition to the funds appropriated
in part 1, funds collected by the department for these services are appropriated for
all expenses necessary. The funds appropriated under this section are allotted for
expenditure when they are received by the department of treasury.
Sec. 12-708. Funds received in excess of the appropriation in part 1 for first
responder presumed coverage claims from the first responder presumed coverage fund are
appropriated in an amount sufficient to pay approved claims due in the current fiscal
year pursuant to section 405 of the worker's disability compensation act of 1969, 1969
PA 317, MCL 418.405.
COMMISSIONS
Sec. 12-800. If Byrne formula grant funding is awarded to the Michigan indigent
defense commission, the Michigan indigent defense commission may receive and expend
Byrne formula grant funds in an amount not to exceed $250,000.00 as an
interdepartmental grant from the department of state police. The Michigan indigent
defense commission, created under section 5 of the Michigan indigent defense
commission act, 2013 PA 93, MCL 780.985, may receive and expend federal grant funding
from the United States Department of Justice in an amount not to exceed $300,000.00 as
other federal grants.
Sec. 12-801. From the funds appropriated in part 1, the Michigan indigent defense
commission shall submit a report by September 30 to the senate and house
appropriations subcommittees on licensing and regulatory affairs, the senate and house
fiscal agencies, and the state budget director on the incremental costs associated
with the standard development process, the compliance plan process, and the collection
of data from all indigent defense systems and attorneys providing indigent defense.
Particular emphasis shall be placed on those costs that may be avoided after standards
are developed and compliance plans are in place.
Sec. 12-802. The Michigan office for new Americans is to coordinate with the
Asian Pacific American affairs commission, the commission on Middle Eastern American
affairs, and the Hispanic/Latino commission of Michigan to produce a report by March 1
that is to be transmitted to the senate and house subcommittee chairpersons, the
senate and house fiscal agencies, and the state budget director. The report shall
include, but is not limited to, the following:
(a) Total number of people with whom each commission directly interacts through
programming.
(b) Total number of public events that each commission conducted.
(c) Description of the activities that the commissions initiated to promote
cooperation between the commissions.
(d) Total number of meetings that each commission held with foreign diplomats.
(e) Programmatic costs of each commission.
GRANTS
Sec. 12-901. The appropriation in part 1 for fire protection grants shall be
appropriated to cities, villages, and townships with state-owned facilities for fire
services, instead of taxes, in accordance with 1977 PA 289, MCL 141.951 to 141.956.
Sec. 12-903. (1) The amount appropriated in part 1 for firefighter training
grants shall only be expended for payments to counties to reimburse organized fire
departments for firefighter training and other activities required under the
firefighters training council act, 1966 PA 291, MCL 29.361 to 29.377.
(2) If the amount appropriated in part 1 for firefighter training grants is
expended by the firefighter training council, established in section 3 of the
firefighters training council act, 1966 PA 291, MCL 29.363, for payments to counties
under section 14 of the firefighters training council act, 1966 PA 291, MCL 29.374:
(a) The amount appropriated in part 1 for firefighter training grants shall be
allocated pursuant to section 14(2) of the firefighters training council act, 1966 PA
291, MCL 29.374.
(b) If the amount allocated to any county under subdivision (a) is less than
$5,000.00, the amounts disbursed to each county under subdivision (a) shall be
adjusted to provide for a minimum payment of $5,000.00 to each county.
(3) No later than February 1, the department shall submit a financial report to
the subcommittees, fiscal agencies, and the state budget director identifying the
following information for the preceding fiscal year:
(a) The amount of the payments that would be made to each county if the
distribution formula described by the first sentence of section 14(2) of the
firefighters training council act, 1966 PA 291, MCL 29.374, would have been utilized
to allocate the total amount appropriated in part 1 for firefighter training grants.
(b) The amount of the payments approved by the firefighter training council for
allocation to each county.
(c) The amount of the payments actually expended or encumbered within each
county.
(d) A description of any other payments or expenditures made under the authority
of the firefighter training council.
(e) The amount of payments approved for allocations to counties that was not
expended or encumbered and lapsed back to the fireworks safety fund.
Sec. 12-904. (1) The funds appropriated in part 1 for a regional or subregional
library shall not be released until a budget for that regional or subregional library
has been approved by the department for expenditures for library services directly
serving the blind and persons with disabilities.
(2) In order to receive subregional state aid as appropriated in part 1, a
regional or subregional library's fiscal agency shall agree to maintain local funding
support at the same level in the current fiscal year as in the fiscal agency's
preceding fiscal year. If a reduction in expenditures equally affects all agencies in
a local unit of government that is the regional or subregional library's fiscal
agency, that reduction shall not be interpreted as a reduction in local support and
shall not disqualify a regional or subregional library from receiving state aid under
part 1. If a reduction in income affects a library cooperative or district library
that is a regional or subregional library's fiscal agency or a reduction in
expenditures for the regional or subregional library's fiscal agency, a reduction in
expenditures for the regional or subregional library shall not be interpreted as a
reduction in local support and shall not disqualify a regional or subregional library
from receiving state aid under part 1.
Sec. 12-905. The Michigan indigent defense commission shall identify and
implement a system of performance metrics to assess the provision of indigent defense
services in Michigan relative to national standards and benchmarks. The Michigan
indigent defense commission shall prepare an annual report to the governor,
legislature, Michigan supreme court and the state budget director on the performance
metrics no later than September 30 of each year.
Article 13
DEPARTMENT OF MILITARY AND VETERANS AFFAIRS
PART 1
LINE-ITEM APPROPRIATIONS AND ANTICIPATED APPROPRIATIONS
Sec. 13-101. Subject to the conditions set forth in this article, the amounts
listed in this part for the department of military and veterans affairs are
appropriated for the fiscal year ending September 30, 2019, and are anticipated to be
appropriated for the fiscal year ending September 30, 2020, from the funds indicated
in this part. The following is a summary of the appropriations and anticipated
appropriations in this part:
DEPARTMENT OF MILITARY AND VETERANS AFFAIRS
APPROPRIATION SUMMARY
Full-time equated unclassified positions................ 9.0 9.0
Full-time equated classified positions.................. 904.5 904.5
GROSS APPROPRIATION...................................... $ 189,089,300 $ 189,089,300
Total interdepartmental grants and interdepartmental
transfers............................................... 101,800 101,800
ADJUSTED GROSS APPROPRIATION............................. $ 188,987,500 $ 188,987,500
Total federal revenues................................... 98,170,200 98,170,200
Total local revenues..................................... 1,545,400 1,545,400
Total private revenues................................. . 630,000 630,000
Total other state restricted revenues.................... 23,279,500 23,279,500
State general fund/general purpose....................... $ 65,362,400 $ 65,362,400
State general fund/general purpose schedule:
Ongoing state general fund/general purpose............ 65,362,400 65,362,400
One-time state general fund/general purpose........... 0 0
Sec. 13-102. MILITARY
Full-time equated unclassified positions................ 9.0 9.0
Full-time equated classified positions.................. 333.0 333.0
Unclassified salaries-9.0 FTE positions.................. $ 1,497,700 $ 1,497,700
Departmentwide........................................... 1,876,300 1,876,300
Headquarters and armories-86.0 FTE positions............. 17,452,100 17,452,100
Michigan youth challeNGe academy-50.0 FTE positions...... 5,323,000 5,323,000
Military family relief fund.............................. 600,000 600,000
Military training sites and support facilities-195.0
FTE positions........................................... 34,911,300 34,911,300
National guard operations................................ 398,200 398,200
National guard tuition assistance fund-2.0 FTE
positions............................................... 6,506,700 6,506,700
Starbase grant........................................... 2,322,000 2,322,000
GROSS APPROPRIATION...................................... $ 70,887,300 $ 70,887,300
Appropriated from:
Interdepartmental grant revenues:
IDG from department of state police...................... 101,800 101,800
Federal revenues:
Other federal revenues................................... 47,661,000 47,661,000
Special revenue funds:
Local revenues........................................... 1,545,400 1,545,400
Private revenues......................................... 90,000 90,000
Other state restricted revenues.......................... 2,433,200 2,433,200
State general fund/general purpose....................... $ 19,055,900 $ 19,055,900
Sec. 13-103. MICHIGAN VETERANS AFFAIRS AGENCY
Full-time equated classified positions.................. 224.5 224.5
Board of managers (veterans homes)....................... $ 940,000 $ 940,000
D.J. Jacobetti veterans' home-179.5 FTE positions........ 23,687,200 23,687,200
Michigan veterans affairs agency administration-39.0
FTE positions........................................... 7,136,500 7,136,500
Michigan veterans facility authority..................... 1,500,000 1,500,000
Veterans' trust fund administration-6.0 FTE positions.... 1,480,100 1,480,100
Veterans' trust fund grants.............................. 3,746,500 3,746,500
Targeted grants.......................................... 200,000 200,000
Veterans service grants.................................. 3,835,500 3,835,500
GROSS APPROPRIATION...................................... $ 42,525,800 $ 42,525,800
Appropriated from:
Federal revenues:
Other federal revenues................................... 8,516,300 8,516,300
Special revenue funds:
Private revenues......................................... 540,000 540,000
Other state restricted revenues.......................... 10,833,900 10,833,900
State general fund/general purpose....................... $ 22,635,600 $ 22,635,600
Sec. 13-104. GRAND RAPIDS HOME FOR VETERANS
Full-time equated classified positions.................. 347.0 347.0
Veterans homes operations................................ $ 8,989,700 $ 8,989,700
Purchased services....................................... 10,342,700 10,342,700
Salaries, wages, and fringe benefits-347.0 FTE
positions............................................... 31,536,800 31,536,800
GROSS APPROPRIATION...................................... $ 50,869,200 $ 50,869,200
Appropriated from:
Federal revenues:
Other federal revenues................................... 21,413,900 21,413,900
Special revenue funds:
Other state restricted revenues.......................... 6,693,000 6,693,000
State general fund/general purpose....................... $ 22,762,300 $ 22,762,300
Sec. 13-105. CAPITAL OUTLAY
Land and acquisitions.................................... $ 2,900,000 $ 2,900,000
Special maintenance - National Guard..................... 20,000,000 20,000,000
Special maintenance - veterans' homes.................... 500,000 500,000
GROSS APPROPRIATION...................................... $ 23,400,000 $ 23,400,000
Appropriated from:
Federal revenues:
Other federal revenues................................... 20,000,000 20,000,000
Special revenue funds:
Other state restricted revenues.......................... 2,900,000 2,900,000
State general fund/general purpose....................... $ 500,000 $ 500,000
Sec. 13-106. INFORMATION TECHNOLOGY
Information technology services and projects............. $ 1,407,000 $ 1,407,000
GROSS APPROPRIATION...................................... $ 1,407,000 $ 1,407,000
Appropriated from:
Federal revenues:
Other federal revenues................................... 579,000 579,000
Special revenue funds:
Other state restricted revenues.......................... 419,400 419,400
State general fund/general purpose....................... $ 408,600 $ 408,600
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
FISCAL YEAR 2019
GENERAL SECTIONS
Sec. 13-201. Pursuant to section 30 of article IX of the state constitution of
1963, total state spending from state resources under part 1 for the fiscal year 2019
is $88,641,900.00 and state spending from state resources to be paid to local units of
government for fiscal year 2019 is $142,400.00. The itemized statement below
identifies appropriations from which spending to local units of government will occur:
DEPARTMENT OF MILITARY AND VETERANS AFFAIRS
Military training sites and support facilities.......................... $ 52,400
Michigan veterans affairs agency administration......................... 90,000
TOTAL..................................................................... $ 142,400
Sec. 13-202. The appropriations authorized under this article are subject to the
management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594.
Sec. 13-203. As used in this 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 the director of the department.
(d) "FTE" means full-time equated.
(e) "HVAC" means heating, ventilation, and air conditioning.
(f) "IDG" means interdepartmental grant.
(g) "Michigan veterans' facility authority" means the authority created under
section 3 of the Michigan veterans' facility authority act, 2016 PA 560, MCL 36.103.
(h) "MVAA" means the Michigan veterans affairs agency.
(i) "Subcommittees" means the subcommittees of the senate and house
appropriations committees with jurisdiction over the budget of the department.
(j) "Support services" means an activity, such as information technology,
accounting, human resources, legal, and other support functions that are required to
support the ongoing delivery of core services.
(k) "USDVA" means the United States Department of Veterans Affairs.
(l) "USDVA-VHA" means the USDVA Veterans Health Administration.
(m) "VSO" means veterans service organization.
(n) "Work project" means that term as defined in section 404 of the management
and budget act, 1984 PA 431, MCL 18.1404, and that meets the criteria in section
451a(1) of the management and budget act, 1984 PA 431, MCL 18.1451a.
Sec. 13-204. The departments and agencies receiving appropriations in part 1
shall use the Internet to fulfill the reporting requirements of this article. This
requirement may include transmission of reports via electronic mail to the recipients
identified for each reporting requirement, or it may include placement of reports on
an Internet or Intranet site.
Sec. 13-205. Funds appropriated in part 1 shall not be used for the purchase of
foreign goods or services, or both, if competitively priced and of comparable quality
American goods or services, or both, are available. Preference shall be given to goods
or services, or both, manufactured or provided by Michigan businesses, if they are
competitively priced and of comparable quality. In addition, preference should be
given to goods or services, or both, that are manufactured or provided by Michigan
businesses owned and operated by veterans, if they are competitively priced and of
comparable quality.
Sec. 13-206. The director shall take all reasonable steps to ensure businesses in
deprived and depressed communities compete for and perform contracts to provide
services or supplies, or both. The director shall strongly encourage firms with which
the department contracts to subcontract with certified businesses in depressed and
deprived communities for services or supplies, or both.
Sec. 13-207. The departments and agencies receiving appropriations in part 1
shall prepare a report on out-of-state travel expenses not later than January 1 of
each year. The travel report shall be a listing of all travel by classified and
unclassified employees outside this state in the immediately preceding fiscal year
that was funded in whole or in part with funds appropriated in the department's
budget. The report shall be submitted to the senate and house appropriations
committees, the house and senate fiscal agencies, and the state budget director. The
report shall include the following information:
(a) The dates of each travel occurrence.
(b) The transportation and related costs of each travel occurrence, including the
proportion funded with state general fund/general purpose revenues, the proportion
funded with state restricted revenues, the proportion funded with federal revenues,
and the proportion funded with other revenues.
Sec. 13-208. Funds appropriated in part 1 shall not be used by a principal
executive department, state agency, or authority to hire a person to provide legal
services that are the responsibility of the attorney general. This prohibition does
not apply to legal services for bonding activities and for those outside services that
the attorney general authorizes.
Sec. 13-209. Not later than November 30, the state budget office shall prepare
and transmit a report that provides for estimates of the total general fund/general
purpose appropriation lapses at the close of the prior fiscal year. This report shall
summarize the projected year-end general fund/general purpose appropriation lapses by
major departmental program or program areas. The report shall be transmitted to the
chairpersons of the senate and house appropriations committees and the senate and
house fiscal agencies.
Sec. 13-210. (1) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $12,000,000.00 for federal contingency funds.
These funds are not available for expenditure until they have been transferred to
another line item in this article under section 393(2) of the management and budget
act, 1984 PA 431, MCL 18.1393.
(2) In addition to the funds appropriated in part 1, there is appropriated an
amount not to exceed $3,000,000.00 for state restricted contingency funds. These funds
are not available for expenditure until they have been transferred to another line
item in this article under section 393(2) of the management and budget act, 1984 PA
431, MCL 18.1393.
(3) In addition to the funds appropriated in part 1, there is appropriated an
amount not to exceed $500,000.00 for local contingency funds. These funds are not
available for expenditure until they have been transferred to another line item in
this article under section 393(2) of the management and budget act, 1984 PA 431, MCL
18.1393.
(4) In addition to the funds appropriated in part 1, there is appropriated an
amount not to exceed $100,000.00 for private contingency funds. These funds are not
available for expenditure until they have been transferred to another line item in
this article under section 393(2) of the management and budget act, 1984 PA 431, MCL
18.1393.
Sec. 13-211. The department shall cooperate with the department of technology,
management and budget to maintain a searchable website accessible by the public at no
cost that includes, but is not limited to, all of the following for each department or
agency:
(a) Fiscal year-to-date expenditures by category.
(b) Fiscal year-to-date expenditures by appropriation unit.
(c) Fiscal year-to-date payments to a selected vendor, including the vendor name,
payment date, payment amount, and payment description.
(d) The number of active department employees by job classification.
(e) Job specifications and wage rates.
Sec. 13-212. Within 14 days after the release of the executive budget
recommendation, the department shall cooperate with the state budget office to provide
the senate and house appropriations chairs, the senate and house appropriations
subcommittees chairs, and the senate and house fiscal agencies with an annual report
on estimated state restricted fund balances, state restricted fund projected revenues,
and state restricted fund expenditures for the fiscal years ending September 30, 2018
and September 30, 2019.
Sec. 13-213. The department shall maintain, on a publicly accessible website, a
department scorecard that identifies, tracks and regularly updates key metrics that
are used to monitor and improve the department's performance.
Sec. 13-214. Total authorized appropriations from all sources under part 1 for
legacy costs for the fiscal year ending September 30, 2019 are estimated at
$17,509,500.00. From this amount, total agency appropriations for pension-related
legacy costs are estimated at $8,072,200.00. Total agency appropriations for retiree
health care legacy costs are estimated at $9,437,300.00.
Sec. 13-216. The department shall provide quarterly reports to the subcommittees
on military and veterans affairs, the senate and house fiscal agencies, and the state
budget office, which shall provide the following data:
(a) A list of all major work projects, including a status report of each project.
(b) The department's financial status, featuring a report of budgeted versus
actual expenditures by part 1 line item including a year-end projection of budget
requirements. If projected department budget requirements exceed the allocated budget,
the report shall include a plan to reduce overall expenses while still satisfying
specified service level requirements.
(c) A report on the status of performance metrics cited in this part and
information required to be reported in this part.
(d) The number of active employees at the close of the fiscal quarter by job
classification and program.
(e) Evidence of efficiencies and management of funds within established
appropriations.
Sec. 13-217. The appropriations in part 1 are for the core services, support
services, and work projects of the department, including, but not limited to, the
following core services:
(a) Armories and joint force readiness.
(b) National Guard training facilities and air bases.
(c) Michigan youth challeNGe academy.
(d) Military family relief fund.
(e) Starbase grant.
(f) National Guard tuition assistance program.
(g) Michigan veterans affairs agency administration.
(h) Veterans service grants.
(i) Veterans' trust fund administration.
(j) Veterans' trust fund grants.
(k) Board of managers (veterans homes).
(l) Grand Rapids home for veterans.
(m) D.J. Jacobetti home for veterans.
(n) Michigan veterans' facility authority.
Sec. 13-218. The appropriations in part 1 for capital outlay shall be carried
forward at the end of the fiscal year consistent with section 248 of the management
and budget act, 1984 PA 431, MCL 18.1248.
MILITARY
Sec. 13-302. (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 on military and veterans affairs, the senate and house fiscal agencies,
and the state budget office:
(a) An assessment of the grounds and facilities of each armory to objectively
measure and determine the current facility condition and capability to support
authorized manpower, unit training, and operations.
(b) Recommendations for the placement of new armories, the relocation or
consolidation of existing armories, or a change in the mission of units assigned to
armories to ideally position the National Guard in current or projected population
centers.
(c) Recommendations for the enhanced use of armories to facilitate family support
programs during deployments.
(d) An analysis of the feasibility, potential costs, and benefits of use of
armories shared with other local, state, or federal agencies to improve responses to
local emergencies as well as the community support provided to armories.
(e) An investment strategy and proposed funding amounts in a prioritized project
list to correct the most critical facility shortfalls across the inventory of armories
in this state.
Sec. 13-303. (1) The department shall maintain the Michigan youth challeNGe
academy to provide values, skills, education, and self-discipline instruction for at-
risk youth as provided under 32 USC 509.
(2) The department shall take steps to recruit candidates to the challeNGe
academy from economically disadvantaged areas, including those with low-income and
high-unemployment backgrounds.
(3) The department shall partner with the department of health and human services
to identify youth who may be eligible for the challeNGe academy from those youth
served by department of health and human services programs. These eligible youth shall
be given priority for enrollment in the academy.
(4) The department shall maintain the staffing and resources necessary to train
and graduate at least 114 students per cohort (228 annually).
(5) The department shall ensure individual academic success through improvement
of Tests of Adult Basic Education scores and/or results in general equivalency
diploma, high school diploma, alternative high school diploma or high school credit
recovery.
(6) Any unexpended private donations to support the Michigan youth challeNGe
academy at the close of this fiscal year shall not lapse to the general fund but shall
be carried forward to the subsequent fiscal year.
Sec. 13-304. (1) The department shall provide grants for disbursement from the
military family relief fund, as provided under the military family relief fund act,
2004 PA 363, MCL 35.1211 to 35.1216, and R 200.5 to R 200.95 of the Michigan
Administrative Code.
(2) The department shall provide information on the revenues, expenditures for
advertising and assistance grants, and fund balance of the Michigan military family
relief fund, as provided under section 216 of this part.
(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 of the United States called into active duty and to support the
processing and approval of grant applications for this fiscal year under the Michigan
military relief fund and report those applications as provided in section 216 of this
part.
Sec. 13-305. (1) The department shall provide Army and Air National Guard forces,
when directed, for state and local emergencies and in support of national military
requirements.
(2) The department shall operate and maintain Army National Guard training
facilities, including Fort Custer and Camp Grayling.
(3) The department shall maintain a system that measures the condition and
adequacy of air facilities using both quality and functionality criteria.
(4) The department shall operate and maintain Air National Guard air bases,
including Selfridge Air National Guard base, Battle Creek Air National Guard base, and
Alpena combat readiness training center.
(5) The department shall provide the following information as provided under
section 216 of this part:
(a) The apportioned and assigned strength of the Michigan Army National Guard.
(b) The apportioned and assigned strength of the Michigan Air National Guard.
(c) Recruiting, retention, and attrition data, including measurement against
stated performance goals, for the Michigan Army National Guard.
(d) Recruiting, retention, and attrition data, including measurement against
stated performance goals, for the Michigan Air National Guard.
Sec. 13-306. There is created and established under the jurisdiction and control
of the department a revolving account to be known as the billeting fund account. All
of the fees and other revenues generated from the operation of the chargeable
transient quarters program shall be deposited in the billeting fund account.
Appropriations will be made from the account for the support of program operations and
the maintenance and operations of the chargeable transient quarters program and will
not exceed the estimated revenues for the fiscal year in which they are made, together
with unexpended balances from prior years. The department shall submit an annual
report of operations and expenditures regarding the billeting fund account to the
appropriations committees of the senate and house of representatives, the senate and
house fiscal agencies, and the state budget office at the end of the fiscal year.
Sec. 13-307. (1) The department shall maintain a National Guard tuition
assistance program for members of the Michigan Army and Air National Guard.
(2) The objective of the National Guard tuition assistance program is to bolster
military readiness by increasing recruitment and retention of Michigan Army and Air
National Guard service members, to fill federally authorized strength levels for the
state, to improve the Michigan Army and Air National Guard's competitive draw from
other military enlistment options in the state, to enhance the ability of the Michigan
Army and Air National Guard to compete for members and federal dollars with
surrounding states, and to increase the pool of eligible candidates within the
Michigan Army and Air National Guard to become commissioned officers.
(3) The department shall make efforts to increase the number of Michigan Army and
Air National Guard members participating in the program to 1,100 during the fifth 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 Army and Air National Guard strength obtained and
retained is competitive in comparison with the neighboring army and air national
guards from Illinois, Indiana, Ohio, and Wisconsin.
(4) The general fund/general purpose funds appropriated in part 1 for the
National Guard tuition assistance fund shall be deposited to the restricted Michigan
National Guard tuition assistance fund created in section 4 of the Michigan National
Guard tuition assistance act, 2014 PA 259, MCL 32.434. All funds in the restricted
Michigan National Guard tuition assistance fund are appropriated and available for
expenditure to support the Michigan National Guard tuition assistance program.
Sec. 13-308. The department shall maintain the starbase program at Air National
Guard facilities, as provided under 10 USC 2193b, to improve the knowledge, skills,
and interest of students, primarily in the fifth grade, in math, science, and
technology. The starbase program is to specifically target minority and at-risk
students for participation.
MICHIGAN VETERANS AFFAIRS AGENCY
Sec. 13-401. The board of managers and Michigan veterans' facility authority
shall exercise certain regulatory and governance authority regarding admission and
member affairs at the Grand Rapids and D.J. Jacobetti homes for veterans. The board of
managers shall also work to represent the interest of the veterans' community in both
advisory and advocacy roles.
Sec. 13-402. (1) The MVAA, the board of managers, and the Michigan veterans'
facility authority shall provide compassionate and quality nursing and domiciliary
care services at the Grand Rapids and D.J. Jacobetti homes for veterans so that
members can achieve their highest potential of wellness, independence, self-worth, and
dignity.
(2) The department shall provide resources necessary to provide nursing care
services to veterans in accordance with federal standards and provide the results of
the annual USDVA survey and certification as proof of compliance.
(3) Appropriations in part 1 for the Grand Rapids and the D.J. Jacobetti homes
for veterans shall not be used for any purpose other than for veterans and veterans'
families.
(4) Any contractor providing competency evaluated nursing assistants (CENA) to
the Grand Rapids home for veterans shall ensure that each CENA has at least 8 hours of
training on information provided by the home.
(5) Any contractor providing competency evaluated nursing assistants to the Grand
Rapids home for veterans shall ensure that each CENA has at least 1 eight-hour shift
of shadowing at the veterans' home.
(6) Any contractor providing competency evaluated nursing assistants to the Grand
Rapids home for veterans shall ensure that each CENA is competent in the basic skills
needed to perform his or her assigned duties at the home.
(7) The Grand Rapids home for veterans shall provide each CENA at least 12 hours
of in-service training once that individual has been assigned to the home.
(8) All complaints of abusive or neglectful care at the Grand Rapids and the D.J.
Jacobetti homes for veterans by a resident member, a resident member's family or legal
guardian, or staff of the veterans' homes received by a supervisor shall be referred
to the director of nursing or his or her designee upon receipt of the 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, senate and house
fiscal agencies, and state budget office the following information:
(a) A description of the process by which resident members and others may file
complaints of alleged abuse or neglect at the Grand Rapids and the D.J. Jacobetti
homes for veterans.
(b) Summary statistics on the number and general nature of complaints of abuse or
neglect.
(c) Summary statistics on the final disposition of complaints of abuse or neglect
received.
(9) The Grand Rapids and D.J. Jacobetti homes for veterans shall provide an on-
site, board-certified psychiatrist for all resident members with mental health
disorders in order to ensure that those resident members receive needed services in a
professional and timely manner. The Grand Rapids and D.J. Jacobetti homes for veterans
shall provide all members and staff a safe and secure environment.
(10) The Grand Rapids and D.J. Jacobetti homes for veterans shall ensure that
they effectively develop, execute, and monitor all comprehensive care plans in
accordance with federal regulations and their internal policies, with a goal that a
comprehensive care plan is fully developed for all resident members.
(11) The Grand Rapids and D.J. Jacobetti homes for veterans shall implement
controls over their food, maintenance supplies, pharmaceuticals, and medical supplies
inventories.
(12) The Grand Rapids and D.J. Jacobetti homes for veterans shall establish
sufficient controls for calculating resident member maintenance assessments in order
to accurately calculate resident member maintenance assessments for each billing
cycle. The Grand Rapids and D.J. Jacobetti homes for veterans shall establish
sufficient controls to ensure that all past due resident member maintenance
assessments are addressed within 30 days.
(13) The Grand Rapids and D.J. Jacobetti homes for veterans shall establish
sufficient controls over monetary donations and donated goods.
(14) The Grand Rapids and D.J. Jacobetti homes for veterans shall implement
sufficient controls over the handling of resident member funds to ensure the release
of funds within 3 business days upon the resident member leaving the home and to
ensure that a representative of a resident member is provided a full accounting of
that resident member's funds within 10 business days of the death of that resident
member.
(15) The MVAA shall post on its website all policies adopted by the board of
managers, the Michigan veterans' facility authority, and the veterans' homes related
to the administrative operations of the veterans' homes.
(16) The process by which visitors, residents, and employees of the Grand Rapids
and D.J. Jacobetti homes for veterans may register complaints shall be displayed in
high-traffic areas throughout the home.
(17) The MVAA shall report its findings regarding the state veterans' homes'
compliance with the requirements and standards under this section in a quarterly
report to the legislature and the state budget office. The quarterly reports shall
include, but are not limited to, all of the following information:
(a) Quality of care metrics, including:
(i) The number of patient care hours and staffing levels measured against USDVA-
VHA standards.
(ii) Sentinel events reported to the USDVA.
(iii) Fall and wound reports.
(iv) Complaint reports, including abuse and neglect complaints and outcomes of
complaint investigations.
(v) Additional minimum data set quality of care indicators used to measure
quality of care in long-term care facilities.
(b) Quarterly budget update.
(c) An accounting of resident member populations at the Grand Rapids and D.J.
Jacobetti homes for veterans as follows:
(i) By demographics, including period of service, gender, and age.
(ii) By care setting, payment source, and associated revenue projections.
(d) Updates related to the modernization of the Grand Rapids and D.J. Jacobetti
homes for veterans, including information related to the following:
(i) Infrastructure/capital outlay improvements.
(ii) Information technology updates.
(iii) Financial management.
(e) Updates on corrective action status related to any audit and survey findings
until those findings have been fully addressed.
(18) The Grand Rapids and D.J. Jacobetti homes for veterans shall provide to the
subcommittees on military and veterans affairs, the senate and house fiscal agencies,
and the state budget office the results of any annual or for-cause survey conducted by
the USDVA-VHA and any corresponding corrective action plan. This information shall
also be made available publicly through the department's or MVAA's website.
(19) The MVAA shall provide to the legislature and the state budget office
quarterly reports regarding the status of Medicaid certification efforts, including,
but not limited to, descriptions of incremental milestones, associated expenditures,
and the percentage of plan completed.
Sec. 13-403. (1) From the increased funds appropriated in part 1 for the D.J.
Jacobetti home for veterans, the department shall pursue compliance with current
Centers for Medicare and Medicaid Services certification standards. The purpose of
this expansion is to obtain Medicaid certification by October 1, 2018, to increase the
ability to fully utilize all federal funding available to cover the cost of care of
eligible veterans living at the D.J. Jacobetti home for veterans, and to improve
overall quality of care for all veterans living at the D.J. Jacobetti home for
veterans.
(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 the D.J. Jacobetti home for veterans shall
increase as a result of increased direct care staffing ratios.
(b) The quality of the care environment at the D.J. Jacobetti home for veterans
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 the D.J. Jacobetti home for veterans shall
increase as a result of increased ability efforts to implement long-term care,
evidence-based best practices at the D.J. Jacobetti home for veterans.
(d) The collection of available federal Medicaid revenue shall increase as a
result of Medicaid certification.
(e) The fiscal stability of the D.J. Jacobetti home for veterans shall improve
due to increased efforts to collect available federal revenue.
Sec. 13-404. The department shall ensure that the quality of care for members of
the Grand Rapids and D.J. Jacobetti homes for veterans shall exceed the current
quality of care for the full spectrum of health care services as a result of the
upgrades made to the homes to meet the Centers for Medicare and Medicaid Services
certification standards. The department shall provide a quarterly report to the
subcommittees, which contains evidence that the quality of care for the full spectrum
of health care services has improved due to those upgrades.
Sec. 13-405. (1) The MVAA shall provide a report, as provided under section 216
of this part, on the financial status of the Michigan veterans' trust fund, including
the number and amount of emergency grants, state administrative expenses, and county
administrative expenses.
(2) The Michigan veterans' trust fund board together with the agency shall
maintain the staffing and resources necessary to process a minimum of 2,000
applications for veterans' trust fund emergency grants.
Sec. 13-406. (1) The MVAA shall provide outreach services to Michigan veterans to
advise them on the benefits to which they are entitled, as provided under Executive
Reorganization Order No. 2013-2, MCL 32.92. The MVAA shall also do the following:
(a) Maintain the staffing partnerships and other resources necessary to develop
and operate an outreach program that communicates benefit eligibility information to
at least 50% of Michigan's population of veterans, as assessed by annual census
estimates, with a goal of reaching 100% and enabling 100% to access benefit
information online.
(b) Communicate veteran benefit information pertaining to the Michigan military
family relief fund, Michigan veterans' trust fund, and USDVA health, financial, and
memorial benefits to which veterans are entitled.
(c) Provide sufficient staffing and other resources to approve requests for
military discharge certificates (DD-214) annually.
(d) Continue the process to digitize all medical records, military discharge
documents, and burial records that are currently on paper and microfilm.
(e) Provide a report, as provided under section 216 of this part, 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 on military and veterans affairs, the
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.
(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 with veteran benefit counselors 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 with 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 216 of this part:
(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 veterans. The MVAA shall report
information as provided in section 216 of this part on the number and percentage of
county veterans counselors trained 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 must 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 216 of this part, on the expenditures and activities of the grant
funds directed by this subsection.
(6) From the funds appropriated in part 1 for MVAA, the MVAA is authorized to
expend up to $50,000.00 to hire legal services to represent veterans benefit cases
before federal court to maintain accreditation under 38 CFR 14.628(d)(1)(iv).
Sec. 13-407. (1) The MVAA shall disburse VSO grants to achieve agency goals and
performance objectives in partnership with the VSOs. Grants to VSOs will be disbursed
to fund programs and projects which are determined by the agency to meet agency
performance objectives and ensure that VSOs communicate the availability of emergency
grants through the Michigan veterans' trust fund. In disbursing veterans service
organization grants, the MVAA shall do the following:
(a) Ensure that each VSO that receives grants is issued performance standards.
(b) Ensure that each VSO that receives grant funds uses those funds for veterans
advocacy and outreach.
(c) Monitor the performance of each VSO that receives grants.
(2) Veterans service organization grants awarded by the MVAA shall provide for
the following, as developed by the MVAA:
(a) The provision of service to veterans statewide, using a regional service
delivery model, with services provided at specified locations and times, including
service provided in state correctional facilities.
(b) The payment of a fixed hourly service rate.
(c) A specified number of service hours within each geographic region of this
state, with a statewide goal based on both appropriations for the fiscal year ending
September 30, 2019 for the VSO grant program and the fixed hourly service rate under
subsection (2)(b). The statewide goal will include service hours provided to eligible
incarcerated veterans within 1 year of their earliest release date.
(d) Use of an MVAA-designated internet-based claims data system.
(3) The MVAA shall report the following information as provided in section 216 of
this part:
(a) A summary of activities supported through the appropriation in part 1 for VSO
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
VSOs, with an overall goal of 40% of benefit claims submitted that are considered
fully developed by the USDVA.
Sec. 13-408. (1) The Michigan veterans' trust fund board together with the MVAA
shall provide emergency grants for disbursement from the Michigan veterans' trust
fund, as provided under the following program authorities:
(a) Sections 37, 38, and 39 of article IX of the state constitution of 1963.
(b) 1946 (1st Ex Sess) PA 9, MCL 35.602 to 35.610.
(c) R 35.1 to R 35.7 of the Michigan Administrative Code.
(d) R 35.621 to R 35.623 of the Michigan Administrative Code.
(2) No later than December 1, the MVAA shall provide a detailed report of the
Michigan veterans' trust fund that includes, for the immediately preceding fiscal
year, information on grants provided from the emergency grant program, including
details concerning the methodology of allocations, the selection of emergency grant
program authorized agents, a description of how the emergency grant program is
administered in each county, and a detailed breakdown of trust fund expenditures for
that year, including the amount distributed to each county for administrative costs
and emergency grants. The report shall also include the number of approved
applications, by category of assistance, and the number of denied applications, by
reason of denial. The report shall also provide an update on the department's efforts
to reduce program administrative costs and maintain the Michigan veterans' trust fund
corpus to its original amount of at least $50,000,000.00.
(3) Any funds not expended or encumbered at the end of the current fiscal year
shall be deposited into the Michigan veterans' trust fund corpus.
CAPITAL OUTLAY
Sec. 13-501. (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 216 of this part.
Sec. 13-502. (1) The appropriations in part 1 for special maintenance - National
Guard shall be carried forward at the end of the fiscal year consistent with section
248 of the management and budget act, 1984 PA 431, MCL 18.1248.
(2) The appropriations for special maintenance - National Guard shall be expended
in accordance with the requirements of sections 302 and 305 of this part and shall be
expended according to the maintenance priorities of the department to repair and
modernize military training sites and support facilities, including armories, which
may include projects such as roof, HVAC, or boiler replacement, interior renovations,
facility expansion, improvements to parking facilities, and other projects.
(3) The department shall provide a quarterly report as provided under section 216
of this part providing information on the status, projected costs, and projected
completion date of current and planned special maintenance projects at the armories
and other National Guard facilities funded from capital outlay appropriations made in
part 1 and in prior appropriations years.
Sec. 13-503. (1) The appropriations in part 1 for special maintenance - veterans
homes shall be carried forward at the end of the fiscal year consistent with section
248 of the management and budget act, 1984 PA 431, MCL 18.1248.
(2) The appropriations for special maintenance - veterans homes shall be expended
in accordance with the requirements of section 402 of this part and shall be expended
according to the maintenance priorities of the department to repair and modernize the
state's veterans' homes, which may include projects such as roof, HVAC, or boiler
replacement, interior renovations, facility expansion, improvements to parking
facilities, and other projects designed to enhance the quality of life and medical
care of members.
(3) The MVAA shall provide a quarterly report as provided under section 216 of
this part providing information on the status, projected costs, and projected
completion date of current and planned special maintenance projects at the Grand
Rapids home for veterans and D.J. Jacobetti home for veterans funded from capital
outlay appropriations made in part 1 and in prior appropriations years.
Article 14
DEPARTMENT OF NATURAL RESOURCES
PART 1
LINE-ITEM APPROPRIATIONS AND ANTICIPATED APPROPRIATIONS
Sec. 14-101. Subject to the conditions set forth in this article, the amounts
listed in this part for the department of natural resources are appropriated for the
fiscal year ending September 30, 2019, and are anticipated to be appropriated for the
fiscal year ending September 30, 2020, from the funds indicated in this part. The
following is a summary of the appropriations and anticipated appropriations in this
part:
DEPARTMENT OF NATURAL RESOURCES
APPROPRIATION SUMMARY
Full-time equated unclassified positions................ 6.0 6.0
Full-time equated classified positions.................. 2,327.3 2,327.3
GROSS APPROPRIATION...................................... $ 436,705,300 $ 436,467,800
Total interdepartmental grants and interdepartmental
transfers............................................... 232,200 232,200
ADJUSTED GROSS APPROPRIATION............................. $ 436,473,100 $ 436,235,600
Total federal revenues................................... 81,731,600 81,731,600
Total local revenues..................................... 0 0
Total private revenues................................... 7,431,400 7,431,400
Total other state restricted revenues.................... 299,965,800 299,765,800
State general fund/general purpose....................... $ 47,344,300 $ 47,306,800
State general fund/general purpose schedule:
Ongoing state general fund/general purpose............ 47,306,800 47,306,800
One-time state general fund/general purpose........... 37,500 0
Sec. 14-102. DEPARTMENTAL ADMINISTRATION AND SUPPORT
Full-time equated unclassified positions................ 6.0 6.0
Full-time equated classified positions.................. 121.1 121.1
Unclassified salaries-6.0 FTE positions.................. $ 792,200 $ 792,200
Accounting service center................................ 1,508,600 1,508,600
Executive direction-11.6 FTE positions................... 2,187,600 2,187,600
Finance and operations-105.5 FTE positions............... 16,802,500 16,802,500
Gifts and pass-through transactions...................... 5,000,000 5,000,000
Legal services-4.0 FTE positions......................... 650,700 650,700
Natural resources commission............................. 77,100 77,100
Property management...................................... 3,875,300 3,875,300
GROSS APPROPRIATION...................................... $ 30,894,000 $ 30,894,000
Appropriated from:
Interdepartmental grant revenues:
IDG from other restricted funding........................ 232,200 232,200
Federal revenues:
Other federal revenues................................... 346,100 346,100
Special revenue funds:
Private revenues......................................... 5,000,000 5,000,000
Other state restricted revenues.......................... 22,088,900 22,088,900
State general fund/general purpose....................... $ 3,226,800 $ 3,226,800
Sec. 14-103. DEPARTMENT INITIATIVES
Full-time equated classified positions.................. 37.0 37.0
Great Lakes restoration initiative-11.0 FTE positions.... $ 11,339,900 $ 11,339,900
Invasive species prevention and control-14.0 FTE
positions............................................... 5,048,000 5,048,000
Michigan conservation corps.............................. 1,000,000 1,000,000
Office of the Great Lakes-12.0 FTE positions............. 2,237,800 2,237,800
GROSS APPROPRIATION...................................... $ 19,625,700 $ 19,625,700
Appropriated from:
Federal revenues:
Other federal revenues................................... 12,143,600 12,143,600
Special revenue funds:
Other state restricted revenues.......................... 504,500 504,500
State general fund/general purpose....................... $ 6,977,600 $ 6,977,600
Sec. 14-104. COMMUNICATION AND CUSTOMER SERVICES
Full-time equated classified positions.................. 135.3 135.3
Marketing and outreach-80.8 FTE positions................ $ 13,978,700 $ 13,978,700
Michigan historical center-54.5 FTE positions............ 6,134,900 6,134,900
Michigan wildlife council................................ 2,100,000 2,100,000
GROSS APPROPRIATION...................................... $ 22,213,600 $ 22,213,600
Appropriated from:
Federal revenues:
Other federal revenues................................... 1,657,100 1,657,100
Special revenue funds:
Private revenues......................................... 396,200 396,200
Other state restricted revenues.......................... 14,977,200 14,977,200
State general fund/general purpose....................... $ 5,183,100 $ 5,183,100
Sec. 14-105. WILDLIFE MANAGEMENT
Full-time equated classified positions.................. 230.5 230.5
Natural resources heritage-9.0 FTE positions............. $ 634,900 $ 634,900
Wildlife management-221.5 FTE positions.................. 44,917,900 44,917,900
GROSS APPROPRIATION...................................... $ 45,552,800 $ 45,552,800
Appropriated from:
Federal revenues:
Other federal revenues................................... 25,368,800 25,368,800
Special revenue funds:
Private revenues......................................... 315,700 315,700
Other state restricted revenues.......................... 15,417,600 15,417,600
State general fund/general purpose....................... $ 4,450,700 $ 4,450,700
Sec. 14-106. FISHERIES MANAGEMENT
Full-time equated classified positions.................. 223.5 223.5
Aquatic resource mitigation-2.0 FTE positions............ $ 629,300 $ 629,300
Cormorant population mitigation program.................. 150,000 150,000
Fish production-63.0 FTE positions....................... 10,328,900 10,328,900
Fisheries resource management-158.5 FTE positions........ 21,063,600 21,063,600
GROSS APPROPRIATION...................................... $ 32,171,800 $ 32,171,800
Appropriated from:
Federal revenues:
Other federal revenues................................... 11,402,200 11,402,200
Special revenue funds:
Private revenues......................................... 136,700 136,700
Other state restricted revenues.......................... 19,959,700 19,959,700
State general fund/general purpose....................... $ 673,200 $ 673,200
Sec. 14-107. LAW ENFORCEMENT
Full-time equated classified positions.................. 296.0 296.0
General law enforcement-296.0 FTE positions.............. $ 44,734,200 $ 44,734,200
GROSS APPROPRIATION...................................... $ 44,734,200 $ 44,734,200
Appropriated from:
Federal revenues:
Other federal revenues................................... 6,588,300 6,588,300
Special revenue funds:
Other state restricted revenues.......................... 25,362,300 25,362,300
State general fund/general purpose....................... $ 12,783,600 $ 12,783,600
Sec. 14-108. PARKS AND RECREATION DIVISION
Full-time equated classified positions.................. 938.4 938.4
Forest recreation and trails-56.6 FTE positions.......... $ 6,346,900 $ 6,346,900
MacMullan conference center-15.0 FTE positions........... 1,169,800 1,169,800
Recreational boating-173.0 FTE positions................. 19,599,500 19,599,500
State parks-693.8 FTE positions.......................... 72,086,600 72,086,600
State parks improvement revenue bonds - debt service..... 1,195,700 1,195,700
GROSS APPROPRIATION...................................... $ 100,398,500 $ 100,398,500
Appropriated from:
Federal revenues:
Other federal revenues................................... 1,771,800 1,771,800
Special revenue funds:
Private revenues......................................... 427,900 427,900
Other state restricted revenues.......................... 95,689,700 95,689,700
State general fund/general purpose....................... $ 2,509,100 $ 2,509,100
Sec. 14-109. MACKINAC ISLAND STATE PARK COMMISSION
Full-time equated classified positions.................. 17.0 17.0
Historical facilities system-13.0 FTE positions.......... $ 1,805,600 $ 1,805,600
Mackinac Island State Park operations-4.0 FTE
positions............................................... 334,400 334,400
GROSS APPROPRIATION...................................... $ 2,140,000 $ 2,140,000
Appropriated from:
Special revenue funds:
Other state restricted revenues.......................... 1,734,100 1,734,100
State general fund/general purpose....................... $ 405,900 $ 405,900
Sec. 14-110. FOREST RESOURCES DIVISION
Full-time equated classified positions.................. 328.5 328.5
Adopt-a-forest program................................... $ 25,000 $ 25,000
Cooperative resource programs-11.0 FTE positions......... 1,567,900 1,567,900
Forest fire equipment.................................... 931,500 931,500
Forest management and timber market development-176.0
FTE positions........................................... 31,721,400 31,721,400
Forest management initiatives-8.5 FTE positions.......... 874,900 874,900
Minerals management-19.0 FTE positions................... 2,881,000 2,881,000
Wildfire protection-114.0 FTE positions.................. 14,028,600 14,028,600
GROSS APPROPRIATION...................................... $ 52,030,300 $ 52,030,300
Appropriated from:
Federal revenues:
Other federal revenues................................... 4,301,400 4,301,400
Special revenue funds:
Private revenues......................................... 1,054,900 1,054,900
Other state restricted revenues.......................... 38,960,600 38,960,600
State general fund/general purpose....................... $ 7,713,400 $ 7,713,400
Sec. 14-111. GRANTS
Coastal management grants................................ $ 1,250,000 $ 1,250,000
Dam management grant program............................. 350,000 350,000
Deer habitat improvement partnership initiative.......... 200,000 200,000
Federal - clean vessel act grants........................ 400,000 400,000
Federal - forest stewardship grants...................... 2,000,000 2,000,000
Federal - land and water conservation fund payments...... 2,566,900 2,566,900
Federal - rural community fire protection................ 400,000 400,000
Federal - urban forestry grants.......................... 900,000 900,000
Fisheries habitat improvement grants..................... 1,250,000 1,250,000
Grants to communities - federal oil, gas, and timber
payments................................................ 3,450,000 3,450,000
Grants to counties - marine safety....................... 3,074,700 3,074,700
National recreational trails............................. 3,900,000 3,900,000
Nonmotorized trail development and maintenance grants.... 350,000 350,000
Off-road vehicle safety training grants.................. 29,200 29,200
Off-road vehicle trail improvement grants................ 4,656,800 4,656,800
Recreation improvement fund grants....................... 907,100 907,100
Recreation passport local grants......................... 1,675,000 1,675,000
Snowmobile law enforcement grants........................ 380,100 380,100
Snowmobile local grants program.......................... 8,090,400 8,090,400
Trail easements.......................................... 700,000 700,000
Wildlife habitat improvement grants...................... 1,500,000 1,500,000
GROSS APPROPRIATION...................................... $ 38,030,200 $ 38,030,200
Appropriated from:
Federal revenues:
Other federal revenues................................... 16,434,300 16,434,300
Special revenue funds:
Private revenues......................................... 100,000 100,000
Other state restricted revenues.......................... 20,795,900 20,795,900
State general fund/general purpose....................... $ 700,000 $ 700,000
Sec. 14-112. INFORMATION TECHNOLOGY
Information technology services and projects............. $ 10,458,700 $ 10,458,700
GROSS APPROPRIATION...................................... $ 10,458,700 $ 10,458,700
Appropriated from:
Special revenue funds:
Other state restricted revenues.......................... 9,275,300 9,275,300
State general fund/general purpose....................... $ 1,183,400 $ 1,183,400
Sec. 14-113. CAPITAL OUTLAY
(1) RECREATIONAL LANDS AND INFRASTRUCTURE
Forest development infrastructure........................ $ 3,500,000 $ 3,500,000
State parks repair and maintenance....................... 23,500,000 23,500,000
Wetlands restoration, enhancement and acquisition........ 1,000,000 1,000,000
GROSS APPROPRIATION...................................... $ 28,000,000 $ 28,000,000
Appropriated from:
Special revenue funds:
Other state restricted revenues.......................... 26,500,000 26,500,000
State general fund/general purpose....................... $ 1,500,000 $ 1,500,000
(2) WATERWAYS BOATING PROGRAM
East Tawas state harbor, Iosco County, harbormaster
building and site improvements, phase III (total
authorized cost is increased from $5,920,000 to
$6,670,000; federal share is $1,650,000; state share
is increased from $4,270,000 to $5,020,000)............. $ 750,000 $ 750,000
Elmwood Township Marina, Leelanau County, marina
improvements (total authorized cost is $1,202,200;
state share is $601,100; local share is $601,100)....... 601,100 601,100
Local boating infrastructure maintenance and
improvements............................................ 1,729,500 1,729,500
Ottawa Beach Marina, Ottawa County, marina improvements
(total authorized cost is $1,314,800; federal share
is $643,000; local share is $671,800)................... 643,000 643,000
Presque Isle Marina, Marquette County, marina
improvements (total authorized cost is $1,123,800;
state share is $541,900; local share is $581,900)....... 541,900 541,900
State boating infrastructure maintenance................. 5,952,500 5,952,500
GROSS APPROPRIATION...................................... $ 10,218,000 $ 10,218,000
Appropriated from:
Federal revenues:
Other federal revenues................................... 1,718,000 1,718,000
Special revenue funds:
Other state restricted revenues.......................... 8,500,000 8,500,000
State general fund/general purpose....................... $ 0 $ 0
Sec. 14-114. ONE-TIME APPROPRIATIONS
Legal services........................................... $ 37,500 $ 0
Snowmobile trail groomer pilot........................... 200,000 0
GROSS APPROPRIATION...................................... $ 237,500 $ 0
Appropriated from:
Special revenue funds:
Other state restricted revenues.......................... 200,000 0
State general fund/general purpose....................... $ 37,500 $ 0
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
FISCAL YEAR 2019
GENERAL SECTIONS
Sec. 14-201. Pursuant to section 30 of article IX of the state constitution of
1963, total state spending from state resources under part 1 for the fiscal year 2019
is $347,310,100.00 and state spending from state resources to be paid to local units
of government for fiscal year 2019 is $7,712,700.00. The itemized statement below
identifies appropriations from which spending to local units of government will occur:
DEPARTMENT OF NATURAL RESOURCES
Dam management grant program............................................ $ 175,000
Fisheries habitat improvement grants.................................... 125,000
Grants to counties - marine safety...................................... 1,407,300
Nonmotorized trail development and maintenance grants................... 175,000
Off-road vehicle safety training grants................................. 29,200
Off-road vehicle trail improvement grants............................... 632,900
Recreation improvement fund grants...................................... 90,700
Recreation passport local grants........................................ 1,675,000
Snowmobile law enforcement grants....................................... 380,100
Wildlife habitat improvement grants..................................... 150,000
Elmwood Township Marina, Leelanau County................................ 601,100
Local boating infrastructure maintenance and improvements............... 1,729,500
Presque Isle Marina, Marquette County................................... 541,900
TOTAL..................................................................... $ 7,712,700
Sec. 14-202. The appropriations authorized under this article are subject to the
management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594.
Sec. 14-203. As used in this article:
(a) "Department" means the department of natural resources.
(b) "Director" means the director of the department.
(c) "FTE" means full-time equated.
(d) "IDG" means interdepartmental grant.
Sec. 14-204. The departments and agencies receiving appropriations in part 1
shall use the Internet to fulfill the reporting requirements of this article. This
requirement may include transmission of reports via electronic mail to the recipients
identified for each reporting requirement, or it may include placement of reports on
an Internet or Intranet site.
Sec. 14-205. Funds appropriated in part 1 shall not be used for the purchase of
foreign goods or services, or both, if competitively priced and of comparable quality
American goods or services, or both, are available. Preference shall be given to goods
or services, or both, manufactured or provided by Michigan businesses, if they are
competitively priced and of comparable quality. In addition, preference should be
given to goods or services, or both, that are manufactured or provided by Michigan
businesses owned and operated by veterans, if they are competitively priced and of
comparable quality.
Sec. 14-206. The director shall take all reasonable steps to ensure businesses in
deprived and depressed communities compete for and perform contracts to provide
services or supplies, or both. 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. 14-207. The departments and agencies receiving appropriations in part 1
shall prepare a report on out-of-state travel expenses not later than January 1 of
each year. The travel report shall be a listing of all travel by classified and
unclassified employees outside this state in the immediately preceding fiscal year
that was funded in whole or in part with funds appropriated in the department's
budget. The report shall be submitted to the senate and house appropriations
committees, the house and senate fiscal agencies, and the state budget director. The
report shall include the following information:
(a) The dates of each travel occurrence.
(b) The transportation and related costs of each travel occurrence, including the
proportion funded with state general fund/general purpose revenues, the proportion
funded with state restricted revenues, the proportion funded with federal revenues,
and the proportion funded with other revenues.
Sec. 14-208. Funds appropriated in part 1 shall not be used by a principal
executive department, state agency, or authority to hire a person to provide legal
services that are the responsibility of the attorney general. This prohibition does
not apply to legal services for bonding activities and for those outside services that
the attorney general authorizes.
Sec. 14-209. Not later than November 30, the state budget office shall prepare
and transmit a report that provides for estimates of the total general fund/general
purpose appropriation lapses at the close of the prior fiscal year. This report shall
summarize the projected year-end general fund/general purpose appropriation lapses by
major departmental program or program areas. The report shall be transmitted to the
chairpersons of the senate and house appropriations committees and the senate and
house fiscal agencies.
Sec. 14-210. (1) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $3,000,000.00 for federal contingency funds.
These funds are not available for expenditure until they have been transferred to
another line item in this article under section 393(2) of the management and budget
act, 1984 PA 431, MCL 18.1393.
(2) In addition to the funds appropriated in part 1, there is appropriated an
amount not to exceed $10,000,000.00 for state restricted contingency funds. These
funds are not available for expenditure until they have been transferred to another
line item in this article under section 393(2) of the management and budget act, 1984
PA 431, MCL 18.1393.
(3) In addition to the funds appropriated in part 1, there is appropriated an
amount not to exceed $100,000.00 for local contingency funds. These funds are not
available for expenditure until they have been transferred to another line item in
this article under section 393(2) of the management and budget act, 1984 PA 431, MCL
18.1393.
(4) In addition to the funds appropriated in part 1, there is appropriated an
amount not to exceed $1,000,000.00 for private contingency funds. These funds are not
available for expenditure until they have been transferred to another line item in
this article under section 393(2) of the management and budget act, 1984 PA 431, MCL
18.1393.
Sec. 14-211. The department shall cooperate with the department of technology,
management and budget to maintain a searchable website accessible by the public at no
cost that includes, but is not limited to, all of the following for each department or
agency:
(a) Fiscal year-to-date expenditures by category.
(b) Fiscal year-to-date expenditures by appropriation unit.
(c) Fiscal year-to-date payments to a selected vendor, including the vendor name,
payment date, payment amount, and payment description.
(d) The number of active department employees by job classification.
(e) Job specifications and wage rates.
Sec. 14-212. Within 14 days after the release of the executive budget
recommendation, the department shall cooperate with the state budget office to provide
the senate and house appropriations chairs, the senate and house appropriations
subcommittees chairs, and the senate and house fiscal agencies with an annual report
on estimated state restricted fund balances, state restricted fund projected revenues,
and state restricted fund expenditures for the fiscal years ending September 30, 2018
and September 30, 2019.
Sec. 14-213. The department shall maintain, on a publicly accessible website, a
department scorecard that identifies, tracks and regularly updates key metrics that
are used to monitor and improve the department's performance.
Sec. 14-214. Total authorized appropriations from all sources under part 1 for
legacy costs for the fiscal year ending September 30, 2019 are estimated at
$47,662,000.00. From this amount, total agency appropriations for pension-related
legacy costs are estimated at $21,973,000.00. Total agency appropriations for retiree
health care legacy costs are estimated at $25,689,000.00.
Sec. 14-215. Appropriations of state restricted game and fish protection funds
have been made in the following amounts to the following departments and agencies:
Legislative auditor general................................. $32,000
Attorney general............................................ 766,300
Department of technology, management, and budget............ 482,100
Department of treasury.................................... 3,016,200
Sec. 14-216. Pursuant to section 43703(3) of the natural resources and
environmental protection act, 1994 PA 451, MCL 324.43703, there is appropriated from
the game and fish protection trust fund to the game and fish protection account of the
Michigan conservation and recreation legacy fund, $6,000,000.00 for the fiscal year
ending September 30, 2019.
DEPARTMENTAL ADMINISTRATION AND SUPPORT
Sec. 14-302. The department may charge land acquisition projects appropriated for
the fiscal year ending September 30, 2019, and for prior fiscal years, a standard
percentage fee to recover actual costs, and may use the revenue derived to support the
land acquisition service charges provided for in part 1.
Sec. 14-303. As appropriated in part 1, the department may charge both
application fees and transaction fees related to the exchange or sale of state-owned
land or rights in land authorized by part 21 of the natural resources and
environmental protection act, 1994 PA 451, MCL 324.2101 to 324.2162. The fees shall be
set by the director of the department at a rate which allows the department to recover
its costs for providing these services.
FISHERIES MANAGEMENT
Sec. 14-601. (1) From the appropriation in part 1 for aquatic resource
mitigation, not more than $758,000.00 shall be allocated for grants to watershed
councils, resource development councils, soil conservation districts, local
governmental units, and other nonprofit organizations for stream habitat stabilization
and soil erosion control.
(2) The fisheries division in the department shall develop priority and cost
estimates for all projects recommended for grants under subsection (1).
Sec. 14-603. The department shall provide an annual report to the legislature on
use of funding provided for cormorant management. The department shall use general
fund/general purpose revenue for this purpose and submit revenue appropriated in part
1 for cormorant management to the United States Department of Agriculture Animal and
Plant Health Inspection Service to allow for increased taking of cormorants and their
nests. If any funds appropriated for cormorant management are retained by the
department, or other funds become available for this purpose, the department shall use
those funds to harass cormorants with the goal of reducing foraging attempts on fish
populations.
FOREST RESOURCES DIVISION
Sec. 14-802. From the funds appropriated in part 1, the department shall provide
quarterly reports on the number of acres of state forestland marked or treated for
timber harvest to the senate and house appropriations subcommittees on natural
resources and the standing committees of the senate and house of representatives with
primary responsibility for natural resources issues. The department shall complete and
deliver these reports by 45 days after the end of the fiscal quarter.
Sec. 14-803. In addition to the money appropriated in part 1, the department may
receive and expend money from federal sources to provide response to wildfires as
required by a compact with the federal government. If additional expenditure
authorization is required, the department shall notify the state budget office that
expenditure under this section is required. The department shall notify the house and
senate appropriations subcommittees on natural resources and the house and senate
fiscal agencies by November 1, 2018, of the expenditures under this section during the
fiscal year ending September 30, 2018.
Sec. 14-807. 1) In addition to the funds appropriated in part 1, there is
appropriated from the disaster and emergency contingency fund up to $800,000.00 to
cover costs related to any disaster as defined in section 2 of the emergency
management act, 1976 PA 390, MCL 30.402.
(2) Funds appropriated under subsection (1) shall not be expended unless the
state budget director recommends the expenditure and the department notifies the house
and senate committees on appropriations. By December 1 each year, the department shall
provide a report to the senate and house fiscal agencies and the state budget office
on the use of the disaster and emergency contingency fund during the prior fiscal
year.
(3) If Federal Emergency Management Agency (FEMA) reimbursement is approved for
costs paid from the disaster and emergency contingency fund, the federal revenue shall
be deposited into the disaster and emergency contingency fund.
(4) Unexpended and unencumbered funds remaining in the disaster and emergency
contingency fund at the close of the fiscal year shall not lapse to the general fund
and shall be carried forward and be available for expenditures in subsequent fiscal
years.
GRANTS
Sec. 14-1001. Federal pass-through funds to local institutions and governments
that are received in amounts in addition to those included in part 1 for grants to
communities - federal oil, gas, and timber payments and that do not require additional
state matching funds are appropriated for the purposes intended. By November 30, 2018,
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, 2018.
CAPITAL OUTLAY
Sec. 14-1103. The appropriations in part 1 for capital outlay shall be carried
forward at the end of the fiscal year consistent with the provisions of section 248 of
the management and budget act, 1984 PA 431, MCL 18.1248.
Article 15
DEPARTMENT OF STATE
PART 1
LINE-ITEM APPROPRIATIONS AND ANTICIPATED APPROPRIATIONS
Sec. 15-101. Subject to the conditions set forth in this article, the amounts
listed in this part for the department of state are appropriated for the fiscal year
ending September 30, 2019, and are anticipated to be appropriated for the fiscal year
ending September 30, 2020, from the funds indicated in this part. The following is a
summary of the appropriations and anticipated appropriations in this part:
DEPARTMENT OF STATE
APPROPRIATION SUMMARY
Full-time equated unclassified positions................ 6.0 6.0
Full-time equated classified positions.................. 1,586.0 1,586.0
GROSS APPROPRIATION...................................... $ 254,662,800 $ 254,662,800
Total interdepartmental grants and interdepartmental
transfers............................................... 20,000,000 20,000,000
ADJUSTED GROSS APPROPRIATION............................. $ 234,662,800 $ 234,662,800
Total federal revenues................................... 1,460,000 1,460,000
Total local revenues..................................... 0 0
Total private revenues................................... 50,100 50,100
Total other state restricted revenues.................... 214,686,400 214,686,400
State general fund/general purpose....................... $ 18,466,300 $ 18,466,300
State general fund/general purpose schedule:
Ongoing state general fund/general purpose............ 18,466,300 18,466,300
One-time state general fund/general purpose........... 0 0
Sec. 15-102. DEPARTMENTAL ADMINISTRATION AND SUPPORT
Full-time equated unclassified positions................ 6.0 6.0
Full-time equated classified positions.................. 140.0 140.0
Secretary of state-1.0 FTE position...................... $ 112,500 $ 112,500
Unclassified salaries-5.0 FTE positions.................. 660,700 660,700
Executive direction-30.0 FTE positions................... 4,662,000 4,662,000
Operations-110.0 FTE positions........................... 25,651,100 25,651,100
Property management...................................... 10,028,700 10,028,700
Worker's compensation.................................... 248,200 248,200
GROSS APPROPRIATION...................................... $ 41,363,200 $ 41,363,200
Appropriated from:
Special revenue funds:
Other state restricted revenues.......................... 36,668,600 36,668,600
State general fund/general purpose....................... $ 4,694,600 $ 4,694,600
Sec. 15-103. LEGAL SERVICES
Full-time equated classified positions.................. 94.0 94.0
Operations-94.0 FTE positions............................ $ 15,132,600 $ 15,132,600
GROSS APPROPRIATION...................................... $ 15,132,600 $ 15,132,600
Appropriated from:
Special revenue funds:
Other state restricted revenues.......................... 13,198,100 13,198,100
State general fund/general purpose....................... $ 1,934,500 $ 1,934,500
Sec. 15-104. CUSTOMER DELIVERY SERVICES
Full-time equated classified positions.................. 1,307.0 1,307.0
Branch operations-925.0 FTE positions.................... $ 89,279,000 $ 89,279,000
Central operations-380.0 FTE positions................... 52,665,800 52,665,800
Credit and debit assessment services..................... 8,000,000 8,000,000
Motorcycle safety education administration-2.0 FTE
positions............................................... 339,300 339,300
Motorcycle safety education grants....................... 1,800,000 1,800,000
Organ donor program...................................... 129,100 129,100
GROSS APPROPRIATION...................................... $ 152,213,200 $ 152,213,200
Appropriated from:
Interdepartmental grant revenues:
IDG from department of transportation.................... 20,000,000 20,000,000
Federal revenues:
Other federal revenues................................... 1,460,000 1,460,000
Special revenue funds:
Private revenues......................................... 50,100 50,100
Other state restricted revenues.......................... 127,529,000 127,529,000
State general fund/general purpose....................... $ 3,174,100 $ 3,174,100
Sec. 15-105. ELECTION REGULATION
Full-time equated classified positions.................. 45.0 45.0
County clerk education and training fund................. $ 100,000 $ 100,000
Election administration and services-45.0 FTE
positions............................................... 7,297,100 7,297,100
Fees to local units...................................... 109,800 109,800
GROSS APPROPRIATION...................................... $ 7,506,900 $ 7,506,900
Appropriated from:
Special revenue funds:
Other state restricted revenues.......................... 443,500 443,500
State general fund/general purpose....................... $ 7,063,400 $ 7,063,400
Sec. 15-106. INFORMATION TECHNOLOGY
Information technology services and projects............. $ 38,446,900 $ 38,446,900
GROSS APPROPRIATION...................................... $ 38,446,900 $ 38,446,900
Appropriated from:
Special revenue funds:
Other state restricted revenues.......................... 36,847,200 36,847,200
State general fund/general purpose....................... $ 1,599,700 $ 1,599,700
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
FISCAL YEAR 2019
GENERAL SECTIONS
Sec. 15-201. Pursuant to section 30 of article IX of the state constitution of
1963, total state spending from state resources under part 1 for the fiscal year 2019
is $233,152,700.00 and state spending from state resources to be paid to local units
of government for fiscal year 2019 is $1,129,000.00. The itemized statement below
identifies appropriations from which spending to local units of government will occur:
DEPARTMENT OF STATE
Motorcycle safety education grants...................................... $ 1,019,200
Fees to local units..................................................... 109,800
TOTAL..................................................................... $ 1,129,000
Sec. 15-202. The appropriations authorized under this article are subject to the
management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594.
Sec. 15-203. As used in this part and part 1:
(a) "Department" means the department of state.
(b) "Director" means the secretary of state.
(c) "FTE" means full-time equated.
(d) "IDG" means interdepartmental grant.
Sec. 15-204. The departments and agencies receiving appropriations in part 1
shall use the Internet to fulfill the reporting requirements of this article. This
requirement may include transmission of reports via electronic mail to the recipients
identified for each reporting requirement, or it may include placement of reports on
an Internet or Intranet site.
Sec. 15-205. Funds appropriated in part 1 shall not be used for the purchase of
foreign goods or services, or both, if competitively priced and of comparable quality
American goods or services, or both, are available. Preference shall be given to goods
or services, or both, manufactured or provided by Michigan businesses, if they are
competitively priced and of comparable quality. In addition, preference should be
given to goods or services, or both, that are manufactured or provided by Michigan
businesses owned and operated by veterans, if they are competitively priced and of
comparable quality.
Sec. 15-206. The director shall take all reasonable steps to ensure businesses in
deprived and depressed communities compete for and perform contracts to provide
services or supplies, or both. Each director shall strongly encourage firms with which
the department contracts to subcontract with certified businesses in depressed and
deprived communities for services, supplies, or both.
Sec. 15-207. The departments and agencies receiving appropriations in part 1
shall prepare a report on out-of-state travel expenses not later than January 1 of
each year. The travel report shall be a listing of all travel by classified and
unclassified employees outside this state in the immediately preceding fiscal year
that was funded in whole or in part with funds appropriated in the department's
budget. The report shall be submitted to the senate and house appropriations
committees, the house and senate fiscal agencies, and the state budget director. The
report shall include the following information:
(a) The dates of each travel occurrence.
(b) The transportation and related costs of each travel occurrence, including the
proportion funded with state general fund/general purpose revenues, the proportion
funded with state restricted revenues, the proportion funded with federal revenues,
and the proportion funded with other revenues.
Sec. 15-208. Funds appropriated in part 1 shall not be used by a principal
executive department, state agency, or authority to hire a person to provide legal
services that are the responsibility of the attorney general. This prohibition does
not apply to legal services for bonding activities and for those outside services that
the attorney general authorizes.
Sec. 15-209. Not later than November 30, the state budget office shall prepare
and transmit a report that provides for estimates of the total general fund/general
purpose appropriation lapses at the close of the prior fiscal year. This report shall
summarize the projected year-end general fund/general purpose appropriation lapses by
major departmental program or program areas. The report shall be transmitted to the
chairpersons of the senate and house appropriations committees and the senate and
house fiscal agencies.
Sec. 15-210. (1) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $2,000,000.00 for federal contingency funds.
These funds are not available for expenditure until they have been transferred to
another line item in this article under section 393(2) of the management and budget
act, 1984 PA 431, MCL 18.1393.
(2) In addition to the funds appropriated in part 1, there is appropriated an
amount not to exceed $7,500,000.00 for state restricted contingency funds. These funds
are not available for expenditure until they have been transferred to another line
item in this article under section 393(2) of the management and budget act, 1984 PA
431, MCL 18.1393.
(3) In addition to the funds appropriated in part 1, there is appropriated an
amount not to exceed $50,000.00 for local contingency funds. These funds are not
available for expenditure until they have been transferred to another line item in
this article under section 393(2) of the management and budget act, 1984 PA 431, MCL
18.1393.
(4) In addition to the funds appropriated in part 1, there is appropriated an
amount not to exceed $100,000.00 for private contingency funds. These funds are not
available for expenditure until they have been transferred to another line item in
this article under section 393(2) of the management and budget act, 1984 PA 431, MCL
18.1393.
Sec. 15-211. The department shall cooperate with the department of technology,
management and budget to maintain a searchable website accessible by the public at no
cost that includes, but is not limited to, all of the following for each department or
agency:
(a) Fiscal year-to-date expenditures by category.
(b) Fiscal year-to-date expenditures by appropriation unit.
(c) Fiscal year-to-date payments to a selected vendor, including the vendor name,
payment date, payment amount, and payment description.
(d) The number of active department employees by job classification.
(e) Job specifications and wage rates.
Sec. 15-212. Within 14 days after the release of the executive budget
recommendation, the department shall cooperate with the state budget office to provide
the senate and house appropriations chairs, the senate and house appropriations
subcommittees chairs, and the senate and house fiscal agencies with an annual report
on estimated state restricted fund balances, state restricted fund projected revenues,
and state restricted fund expenditures for the fiscal years ending September 30, 2018
and September 30, 2019.
Sec. 15-213. The department shall maintain, on a publicly accessible website, a
department scorecard that identifies, tracks and regularly updates key metrics that
are used to monitor and improve the department's performance.
Sec. 15-214. Total authorized appropriations from all sources under part 1 for
legacy costs for the fiscal year ending September 30, 2019 are estimated at
$30,655,900.00. From this amount, total agency appropriations for pension-related
legacy costs are estimated at $14,132,900.00. Total agency appropriations for retiree
health care legacy costs are estimated at $16,523,000.00.
DEPARTMENT OF STATE
Sec. 15-703. From the funds appropriated in part 1, the department shall sell
copies of records including, but not limited to, records of motor vehicles, off-road
vehicles, snowmobiles, watercraft, mobile homes, personal identification cardholders,
drivers, and boat operators and shall charge $11.00 per record sold only as authorized
in section 208b of the Michigan vehicle code, 1949 PA 300, MCL 257.208b, section 7 of
1972 PA 222, MCL 28.297, and sections 80130, 80315, 81114, and 82156 of the natural
resources and environmental protection act, 1994 PA 451, MCL 324.80130, 324.80315,
324.81114, and 324.82156. The revenue received from the sale of records shall be
credited to the transportation administration collection fund created under section
810b of the Michigan vehicle code, 1949 PA 300, MCL 257.810b. The department shall
provide quarterly reports to the legislature, the chairpersons of the relevant
appropriations subcommittees, and the senate and house fiscal agencies. The report
shall be provided within 15 days of the close of the quarter and shall include the
number of records sold and the revenues collected.
Sec. 15-704. From the funds appropriated in part 1, the secretary of state may
enter into agreements with the department of corrections for the manufacture of
vehicle registration plates 15 months before the registration year in which the
registration plates will be used.
Sec. 15-705. (1) The department 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 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 shall file a report with the senate
and house of representatives standing committees on appropriations, the chairpersons
of the relevant appropriations subcommittees, the senate and house fiscal agencies,
and the state budget director. The report shall include all of the following
information:
(a) The amount of gifts, contributions, donations, and grants of money received
by the department under this section for the prior fiscal year.
(b) A listing of the expenditures made from the amounts received by the
department as reported in subdivision (a).
(c) A listing of any gift, donation, contribution, or grant of property other
than funding received by the department under this section for the prior year.
(d) The total revenue received from the sale of paid advertising accepted under
this section and a statement of the total number of advertising transactions.
(6) In addition to copies delivered without charge as the secretary of state
considers necessary, the department may sell copies of manuals and other publications
regarding the sale, ownership, or operation or regulation of motor vehicles, with
amendments, at prices to be established by the secretary of state. As used in this
subsection, the term "manuals and other publications" includes videos and proprietary
electronic publications. All funds received from sales of these manuals and other
publications shall be credited to the Michigan department of state publications fund.
Sec. 15-707. Funds collected by the department under section 211 of the Michigan
vehicle code, 1949 PA 300, MCL 257.211, are appropriated for all expenses necessary to
provide for the costs of the publication. Funds are allotted for expenditure when they
are received by the department of treasury and shall not lapse to the general fund at
the end of the fiscal year.
Sec. 15-708. From the funds appropriated in part 1, the department shall use
available balances at the end of the state fiscal year to provide payment to the
department of state police in the amount of $332,000.00 for the services provided by
the traffic accident records program as first appropriated in 1990 PA 196 and 1990 PA
208.
Sec. 15-709. From the funds appropriated in part 1, the department may restrict
funds from miscellaneous revenue to cover cash shortages created from normal branch
office operations. This amount shall not exceed $50,000.00 of the total funds
available in miscellaneous revenue.
Sec. 15-711. Collector plate and fund-raising registration plate revenues
collected by the department are appropriated and allotted for distribution to the
recipient university or public or private agency overseeing a state-sponsored goal
when received. Distributions shall occur on a quarterly basis or as otherwise
authorized by law. Any revenues remaining at the end of the fiscal year shall not
lapse to the general fund but shall remain available for distribution to the
university or agency in the next fiscal year.
Sec. 15-712. The department 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 and be
placed in the auto repair facility account.
Sec. 15-713. (1) The department, 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 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 may receive and
expend funds from the organ and tissue donation education fund for administrative
expenses.
(7) The department must submit a report to the house and senate appropriations
subcommittees on general government, the senate and house fiscal agencies, and the
state budget director by March 1 that provides the amount of revenue collected by the
department authorized under this section, the purpose of each expenditure, and the
amount of revenue carried forward.
Sec. 15-714. (1) Except as otherwise provided under subsection (2), at least 180
days before closing a branch office or consolidating a branch office and at least 60
days before relocating a branch office, the department 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 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 is not required to provide the notification or written information
described in subsection (1).
(3) As used in this section, "local unit of government" means a city, village,
township, or county.
Sec. 15-715. (1) Any service assessment collected by the department 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 for credit and debit card
services may be based either on a percentage of each individual credit or debit card
transaction, or on a flat rate per transaction, or both, scaled to the amount of the
transaction. However, the department shall not charge any amount for a service
assessment which exceeds the costs billable to the department for service assessments.
(3) If there is a balance of service assessments received from credit and debit
card services remaining on September 30, the balance may be carried forward to the
following fiscal year and appropriated for the same purpose.
(4) As used in this section, "service assessment" means and includes costs
associated with service fees imposed by credit and debit card companies and processing
fees imposed by banks and other financial institutions.
Sec. 15-717. (1) The department may accept nonmonetary gifts, donations, or
contributions of property from any private or public source to support, in whole or in
part, the operation of a departmental function relating to licensing, regulation, or
safety. The department may recognize a private or public contributor for making the
contribution. The department may reject a gift, donation, or contribution.
(2) The department 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 shall file a report with the senate
and house of representatives standing committees on appropriations, the chairpersons
of the relevant appropriations subcommittees, the senate and house fiscal agencies,
and the state budget director. The report shall list any gift, donation, or
contribution received by the department under subsection (1) for the prior calendar
year.
Sec. 15-719. From the funds appropriated in part 1, the office of investigative
services may use available funds to conduct investigations of any reported
irregularities in a local, state, or national election.
Sec. 15-722. (1) From the funds appropriated in part 1 for information technology
services and projects, the department shall continue implementation of a legacy
modernization project. The purpose of this project is modernization of the entire
system and removal of existing programs from the legacy mainframes.
(2) The department 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.
Article 16
DEPARTMENT OF STATE POLICE
PART 1
LINE-ITEM APPROPRIATIONS AND ANTICIPATED APPROPRIATIONS
Sec. 16-101. Subject to the conditions set forth in this article, the amounts
listed in this part for the department of state police are appropriated for the fiscal
year ending September 30, 2019, and are anticipated to be appropriated for the fiscal
year ending September 30, 2020, from the funds indicated in this part. The following
is a summary of the appropriations and anticipated appropriations in this part:
DEPARTMENT OF STATE POLICE
APPROPRIATION SUMMARY
Full-time equated unclassified positions................ 3.0 3.0
Full-time equated classified positions.................. 3,490.0 3,490.0
GROSS APPROPRIATION...................................... $ 711,814,700 $ 715,267,300
Total interdepartmental grants and interdepartmental
transfers............................................... 24,728,300 24,728,300
ADJUSTED GROSS APPROPRIATION............................. $ 687,086,400 $ 690,539,000
Total federal revenues................................... 78,223,600 78,223,600
Total local revenues..................................... 5,146,800 5,146,800
Total private revenues................................... 115,000 115,000
Total other state restricted revenues.................... 148,698,200 148,698,200
State general fund/general purpose....................... $ 454,902,800 $ 458,355,400
State general fund/general purpose schedule:
Ongoing state general fund/general purpose............ 448,232,800 458,355,400
One-time state general fund/general purpose........... 6,670,000 0
Sec. 16-102. DEPARTMENTAL ADMINISTRATION AND SUPPORT
Full-time equated unclassified positions................ 3.0 3.0
Full-time equated classified positions.................. 83.0 83.0
Unclassified salaries-3.0 FTE positions.................. $ 598,000 $ 598,000
Accounting service center................................ 1,081,200 1,081,200
Department services-58.0 FTE positions................... 8,937,500 8,937,500
Departmentwide........................................... 46,073,500 48,691,400
Executive direction-25.0 FTE positions................... 4,241,400 4,241,400
GROSS APPROPRIATION...................................... $ 60,931,600 $ 63,549,500
Appropriated from:
Interdepartmental grant revenues:
IDG from department of corrections....................... 26,000 26,000
IDG from department of state............................. 1,400 1,400
IDG from department of transportation.................... 3,900 3,900
IDG from department of treasury.......................... 116,200 116,200
IDG from other restricted funding........................ 176,900 176,900
Interdepartmental transfers.............................. 38,200 38,200
Federal revenues:
Other federal revenues................................... 547,700 547,700
Special revenue funds:
Local revenues........................................... 6,200 6,200
Michigan merit award trust fund.......................... 18,000 18,000
Other state restricted revenues.......................... 6,085,500 6,085,500
State general fund/general purpose....................... $ 53,911,600 $ 56,529,500
Sec. 16-103. LAW ENFORCEMENT
Full-time equated classified positions.................. 532.0 532.0
Biometrics and identification-57.0 FTE positions......... $ 9,955,500 $ 9,955,500
Criminal justice information center-132.0 FTE
positions............................................... 19,876,100 19,876,100
Forensic science-269.0 FTE positions..................... 44,359,600 44,359,600
Grants and community services-19.0 FTE positions......... 16,197,100 16,197,100
Training-55.0 FTE positions.............................. 10,576,000 10,576,000
GROSS APPROPRIATION...................................... $ 100,964,300 $ 100,964,300
Appropriated from:
Interdepartmental grant revenues:
IDG from department of corrections....................... 318,200 318,200
IDG from department of state............................. 373,300 373,300
IDG from department of transportation.................... 1,213,200 1,213,200
IDG from other restricted funding........................ 2,412,400 2,412,400
Interdepartmental transfers.............................. 750,000 750,000
Federal revenues:
Other federal revenues................................... 12,709,100 12,709,100
Special revenue funds:
Local revenues........................................... 918,300 918,300
Private revenues......................................... 100,000 100,000
Other state restricted revenues.......................... 38,547,400 38,547,400
State general fund/general purpose....................... $ 43,622,400 $ 43,622,400
Sec. 16-104. COMMISSION ON LAW ENFORCEMENT STANDARDS
Full-time equated classified positions.................. 18.0 18.0
Public safety officers benefit program-1.0 FTE
position................................................ $ 301,600 $ 301,600
Standards and training/justice training grants-17.0
FTE positions........................................... 11,705,800 11,705,800
Training only to local units............................. 654,500 654,500
GROSS APPROPRIATION...................................... $ 12,661,900 $ 12,661,900
Appropriated from:
Federal revenues:
Other federal revenues................................... 175,700 175,700
Special revenue funds:
Other state restricted revenues.......................... 10,997,000 10,997,000
State general fund/general purpose....................... $ 1,489,200 $ 1,489,200
Sec. 16-105. FIELD SERVICES
Full-time equated classified positions.................. 2,250.0 2,250.0
Investigative services-180.5 FTE positions............... $ 35,625,500 $ 35,625,500
Post operations-2,039.5 FTE positions.................... 315,950,300 323,455,000
Secure cities partnership-30.0 FTE positions............. 7,861,300 7,861,300
GROSS APPROPRIATION...................................... $ 359,437,100 $ 366,941,800
Appropriated from:
Interdepartmental grant revenues:
IDG from department of treasury.......................... 5,127,300 5,127,300
Interdepartmental transfers.............................. 787,500 787,500
Federal revenues:
Other federal revenues................................... 6,696,000 6,696,000
Special revenue funds:
Local revenues........................................... 1,579,400 1,579,400
Michigan merit award trust fund.......................... 822,700 822,700
Other state restricted revenues.......................... 51,334,800 51,334,800
State general fund/general purpose....................... $ 293,089,400 $ 300,594,100
Sec. 16-106. SPECIALIZED SERVICES
Full-time equated classified positions.................. 607.0 607.0
Commercial vehicle enforcement-223.0 FTE positions....... $ 30,593,300 $ 30,593,300
Emergency management and homeland security-64.0 FTE
positions............................................... 15,808,700 15,808,700
Hazardous materials programs-25.0 FTE positions.......... 28,031,500 28,031,500
Highway safety planning-26.0 FTE positions............... 18,048,700 18,048,700
Intelligence operations-201.0 FTE positions.............. 27,751,600 27,751,600
Secondary road patrol program-1.0 FTE position........... 11,072,200 11,072,200
Special operations-67.0 FTE positions.................... 13,261,300 13,261,300
GROSS APPROPRIATION...................................... $ 144,567,300 $ 144,567,300
Appropriated from:
Interdepartmental grant revenues:
IDG from department of technology, management and
budget.................................................. 655,400 655,400
IDG from department of transportation.................... 10,324,000 10,324,000
IDG from department of treasury.......................... 80,000 80,000
Interdepartmental transfers.............................. 1,933,900 1,933,900
Federal revenues:
Other federal revenues................................... 57,138,000 57,138,000
Special revenue funds:
Local revenues........................................... 1,724,700 1,724,700
Private revenues......................................... 15,000 15,000
Other state restricted revenues.......................... 29,693,800 29,693,800
State general fund/general purpose....................... $ 43,002,500 $ 43,002,500
Sec. 16-107. INFORMATION TECHNOLOGY
Information technology services and projects............. $ 26,582,500 $ 26,582,500
GROSS APPROPRIATION...................................... $ 26,582,500 $ 26,582,500
Appropriated from:
Interdepartmental grant revenues:
IDG from department of state............................. 3,800 3,800
IDG from department of transportation.................... 256,900 256,900
IDG from department of treasury.......................... 96,800 96,800
IDG from other restricted funding........................ 12,200 12,200
Interdepartmental transfers.............................. 20,800 20,800
Federal revenues:
Other federal revenues................................... 957,100 957,100
Special revenue funds:
Local revenues........................................... 918,200 918,200
Michigan merit award trust fund.......................... 6,100 6,100
Other state restricted revenues.......................... 11,192,900 11,192,900
State general fund/general purpose....................... $ 13,117,700 $ 13,117,700
Sec. 16-108. ONE-TIME APPROPRIATIONS
Sexual assault prevention and education initiative....... $ 600,000 $ 0
Trooper school........................................... 6,070,000 0
GROSS APPROPRIATION...................................... $ 6,670,000 $ 0
Appropriated from:
Special revenue funds:
State general fund/general purpose....................... $ 6,670,000 $ 0
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
FISCAL YEAR 2019
GENERAL SECTIONS
Sec. 16-201. Pursuant to section 30 of article IX of the state constitution of
1963, total state spending from state resources under part 1 for the fiscal year 2019
is $603,601,000.00 and state spending from state resources to be paid to local units
of government for fiscal year 2019 is $14,231,300.00. The itemized statement below
identifies appropriations from which spending to local units of government will occur:
DEPARTMENT OF STATE POLICE
Standards and training/justice training grants.......................... $ 2,615,300
Training only to local units............................................ 654,500
Secondary road patrol program........................................... 10,961,500
TOTAL..................................................................... $ 14,231,300
Sec. 16-202. The appropriations authorized under this article are subject to the
management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594.
Sec. 16-203. As used in this part and part 1:
(a) "CJIS" means Criminal Justice Information Systems.
(b) "Core service" means that phrase as defined in section 373 of the management
and budget act, 1984 PA 431, MCL 18.1373.
(c) "Department" means the department of state police.
(d) "Director" means the director of the department.
(e) "DNA" means deoxyribonucleic acid.
(f) "DTMB" means the department of technology, management and budget.
(g) "FTE" means full-time equated.
(h) "IDG" means interdepartmental grant.
(i) "MCOLES" means the Michigan commission on law enforcement standards.
(j) "Support service" means an activity required to support the ongoing delivery
of core services.
Sec. 16-204. The departments and agencies receiving appropriations in part 1
shall use the Internet to fulfill the reporting requirements of this article. This
requirement may include transmission of reports via electronic mail to the recipients
identified for each reporting requirement, or it may include placement of reports on
an Internet or Intranet site.
Sec. 16-205. Funds appropriated in part 1 shall not be used for the purchase of
foreign goods or services, or both, if competitively priced and of comparable quality
American goods or services, or both, are available. Preference shall be given to goods
or services, or both, manufactured or provided by Michigan businesses, if they are
competitively priced and of comparable quality. In addition, preference should be
given to goods or services, or both, that are manufactured or provided by Michigan
businesses owned and operated by veterans, if they are competitively priced and of
comparable quality.
Sec. 16-206. The director shall take all reasonable steps to ensure businesses in
deprived and depressed communities compete for and perform contracts to provide
services or supplies, or both. The director shall strongly encourage firms with which
the department contracts to subcontract with certified businesses in depressed and
deprived communities for services or supplies, or both.
Sec. 16-207. The departments and agencies receiving appropriations in part 1
shall prepare a report on out-of-state travel expenses not later than January 1 of
each year. The travel report shall be a listing of all travel by classified and
unclassified employees outside this state in the immediately preceding fiscal year
that was funded in whole or in part with funds appropriated in the department's
budget. The report shall be submitted to the senate and house appropriations
committees, the house and senate fiscal agencies, and the state budget director. The
report shall include the following information:
(a) The dates of each travel occurrence.
(b) The transportation and related costs of each travel occurrence, including the
proportion funded with state general fund/general purpose revenues, the proportion
funded with state restricted revenues, the proportion funded with federal revenues,
and the proportion funded with other revenues.
Sec. 16-208. Funds appropriated in part 1 shall not be used by a principal
executive department, state agency, or authority to hire a person to provide legal
services that are the responsibility of the attorney general. This prohibition does
not apply to legal services for bonding activities and for those outside services that
the attorney general authorizes.
Sec. 16-209. Not later than November 30, the state budget office shall prepare
and transmit a report that provides for estimates of the total general fund/general
purpose appropriation lapses at the close of the prior fiscal year. This report shall
summarize the projected year-end general fund/general purpose appropriation lapses by
major departmental program or program areas. The report shall be transmitted to the
chairpersons of the senate and house appropriations committees and the senate and
house fiscal agencies.
Sec. 16-210. (1) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $10,000,000.00 for federal contingency funds.
These funds are not available for expenditure until they have been transferred to
another line item in this article under section 393(2) of the management and budget
act, 1984 PA 431, MCL 18.1393.
(2) In addition to the funds appropriated in part 1, there is appropriated an
amount not to exceed $3,500,000.00 for state restricted contingency funds. These funds
are not available for expenditure until they have been transferred to another line
item in this article under section 393(2) of the management and budget act, 1984 PA
431, MCL 18.1393.
(3) In addition to the funds appropriated in part 1, there is appropriated an
amount not to exceed $1,000,000.00 for local contingency funds. These funds are not
available for expenditure until they have been transferred to another line item in
this article under section 393(2) of the management and budget act, 1984 PA 431, MCL
18.1393.
(4) In addition to the funds appropriated in part 1, there is appropriated an
amount not to exceed $200,000.00 for private contingency funds. These funds are not
available for expenditure until they have been transferred to another line item in
this article under section 393(2) of the management and budget act, 1984 PA 431, MCL
18.1393.
Sec. 16-211. The department shall cooperate with the department of technology,
management and budget to maintain a searchable website accessible by the public at no
cost that includes, but is not limited to, all of the following for each department or
agency:
(a) Fiscal year-to-date expenditures by category.
(b) Fiscal year-to-date expenditures by appropriation unit.
(c) Fiscal year-to-date payments to a selected vendor, including the vendor name,
payment date, payment amount, and payment description.
(d) The number of active department employees by job classification.
(e) Job specifications and wage rates.
Sec. 16-212. Within 14 days after the release of the executive budget
recommendation, the department shall cooperate with the state budget office to provide
the senate and house appropriations chairs, the senate and house appropriations
subcommittees chairs, and the senate and house fiscal agencies with an annual report
on estimated state restricted fund balances, state restricted fund projected revenues,
and state restricted fund expenditures for the fiscal years ending September 30, 2018
and September 30, 2019.
Sec. 16-213. The department shall maintain, on a publicly accessible website, a
department scorecard that identifies, tracks and regularly updates key metrics that
are used to monitor and improve the department's performance.
Sec. 16-214. Total authorized appropriations from all sources under part 1 for
legacy costs for the fiscal year ending September 30, 2019 are estimated at
$148,305,500.00. From this amount, total agency appropriations for pension-related
legacy costs are estimated at $77,070,000.00. Total agency appropriations for retiree
health care legacy costs are estimated at $71,235,500.00.
Sec. 16-215. Based on the availability of federal funding and the demonstrated
need as indicated by applications submitted to the state court administrative office,
the department shall provide $1,500,000.00 in Byrne justice assistance grant program
funding to the judiciary by interdepartmental grant.
Sec. 16-217. The department shall provide quarterly reports to the subcommittees,
the senate and house fiscal agencies, and the state budget office that provide the
following data:
(a) A list of major work projects, including the status of each project.
(b) The department's financial status, featuring a report of budgeted versus
actual expenditures by part 1 line item including a year-end projection of budget
requirements. If projected department budget requirements exceed the allocated budget,
the report shall include a plan to reduce overall expenses while still satisfying
specified service level requirements.
(c) A report on the performance metrics cited or information required to be
reported in this part, reasons for nonachievement of metric targets, and proposed
corrective actions.
Sec. 16-218. The appropriations in part 1 are for the core services, support
services, and work projects of the department, including, but not limited to, the
following core services:
(a) State security operations.
(b) Training.
(c) Michigan commission on law enforcement standards.
(d) Criminal justice information systems.
(e) Forensic analysis and biometric identification.
(f) Post operations and investigative services.
(g) Special operations.
(h) Intelligence operations.
(i) Commercial vehicle regulation and enforcement.
(j) Emergency management and homeland security.
(k) Highway safety planning.
(l) Secondary road patrol program.
Sec. 16-219. 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. 16-221. (1) When the department provides contractual services to a local
unit of government, the department shall be reimbursed for all costs incurred in
providing the services, including, but not limited to, retirement and overtime costs.
(2) The department shall define service cost models for those services requiring
reimbursement.
(3) Contractual services provided to an entity other than a local unit of
government may be provided by department personnel, but only on an overtime basis
outside the normal work schedule of the personnel.
(4) This section does not apply to services provided to state agencies.
(5) Revenues received for contractual or reimbursed services in excess of the
appropriation in part 1 are appropriated and may be received and expended by the
department for the purposes for which funds are received.
(6) If additional authorization is approved in the statewide integrated
governmental management application (SIGMA) by the state budget office under this
section, the department shall notify the subcommittees and the senate and house fiscal
agencies within 10 days after the approval. The notification shall include the amount
and funding source of the additional authorization, the date of its approval, and the
projected use of funds to be expended.
Sec. 16-222. The department shall serve as an active liaison between the DTMB and
state, local, regional, and federal public safety agencies on matters pertaining to
the Michigan public safety communications system and shall report user issues to the
DTMB.
Sec. 16-223. 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. 16-224. Money privately donated to the department is appropriated under part
1 to be used for the purposes designated by the donor of the money, if specified.
Sec. 16-225. (1) Federal revenues authorized by and available from the federal
government in excess of the appropriation in part 1 are appropriated and may be
received and expended by the department for purposes authorized under state law and
subject to federal requirements.
(2) The department shall notify the subcommittee and fiscal agencies prior to
expending federal revenues received and appropriated under subsection (1).
(3) If additional authorization is approved in the statewide integrated
governmental management application (SIGMA) by the state budget office under this
section, the department shall notify the subcommittees and the senate and house fiscal
agencies within 10 days after the approval. The notification shall include the amount
and funding source of the additional authorization, the date of its approval, and the
projected use of funds to be expended.
DEPARTMENTAL ADMINISTRATION AND SUPPORT
Sec. 16-301. (1) The department shall provide security services at the State
Capitol Complex facilities and the State Secondary Complex as provided under section
6c of 1935 PA 59, MCL 28.6c.
(2) The department shall maintain the staff and resources necessary to respond to
emergencies at the State Capitol Complex, State Secondary Complex, House Office
Building, Farnum Building, Capitol parking lot, Townsend Parking Ramp, the Roosevelt
Parking Ramp, and other areas as directed.
(3) The department may develop a phased approach for improving security at the
Capitol Building.
(4) The department shall maintain a goal of annually conducting 35,000 property
inspections of state owned and leased facilities.
LAW ENFORCEMENT
Sec. 16-401. (1) The department shall develop and deliver professional,
innovative, and quality training that supports the enforcement and public safety
efforts of the criminal justice community.
(2) The department shall provide performance data as provided under section 217
of this part for average classroom occupancy rate, with an annual goal of at least
55%.
(3) The department shall submit a report to the subcommittees and the senate and
house fiscal agencies within 60 days of the conclusion of any trooper, motor carrier,
or state properties security recruit school. The report shall include the following:
(a) The number of veterans and the number of MCOLES-certified police officers who
were admitted to and the number who graduated from the recruit school.
(b) The total number of recruits who were admitted to the school, the number of
recruits who graduated from the school, and the location at which each of these
recruits is assigned.
(4) The department shall distribute and review course evaluations to ensure that
quality training is provided.
Sec. 16-402. (1) In accordance with applicable state and federal laws and
regulations, the department shall maintain and ensure compliance with CJIS databases
and applications in the support of public safety and law enforcement communities.
(2) The department shall improve the accuracy, timeliness, and completeness of
criminal history information by conducting a minimum of 30 outreach activities
targeted to criminal justice agencies.
(3) The department shall provide for the compilation of crime statistics
consistent with the uniform crime reporting (UCR) program and the national incident-
based report system (NIBRS).
(4) The department shall provide for the compilation and evaluation of traffic
crash reports and the maintenance of the state accident data collection system.
(5) The department shall make individual traffic crash reports available for a
fee of $10.00 per incident. The department may also sell an extract of electronic
traffic crash data for a fee of $0.25 per incident, provided that the name, address,
and any other personal identifying information have been excluded.
(6) 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 information on the number of background checks
processed through the internet criminal history access tool (ICHAT) as provided in
section 217 of this part.
(9) The following unexpended and unencumbered revenues deposited into the
criminal justice information center service fees shall not lapse to the general fund,
but shall be carried forward into the subsequent fiscal year:
(a) Fees for fingerprinting and criminal record checks and name-based criminal
record checks under 1935 PA 120, MCL 28.271 to 28.273.
(b) Fees for application and licensing for initial and renewal concealed pistol
licenses under 1927 PA 372, MCL 28.421 to 28.435.
(c) Fees for searching, copying, and providing public records under the freedom
of information act, 1976 PA 442, MCL 15.231 to 15.246.
(d) Revenue from other sources, including, but not limited to, investment and
interest earnings.
(10) Unexpended and unencumbered revenue generated by state records management
system fees shall not lapse to the general fund, but shall be carried forward into the
subsequent fiscal year.
Sec. 16-403. (1) The department shall provide forensic testing services to aid in
criminal investigations.
(2) The department shall ensure its ability to maintain accreditation by a
federally designated accrediting agency, as provided under 42 USC 14132.
(3) The department shall provide forensic science services with an average
turnaround time of 55 days, assuming an annual caseload volume commensurate with that
received in fiscal year 2012-2013, and shall achieve a goal of a 30-day average
turnaround time across all forensic science disciplines.
(4) The department shall provide the following data as provided in section 217 of
this part:
(a) The average turnaround time for processing forensic evidence across all
disciplines.
(b) Forensic laboratory staffing levels, including scientists in training, and
vacancies.
(c) The number of backlogged cases in each discipline.
(5) The department shall provide for the forensic testing and analysis/profiling
of DNA evidence to aid criminal investigations by law enforcement agencies in this
state.
Sec. 16-404. (1) The biometrics and identification division shall house and
manage the automated fingerprint identification system, the statewide network of
agency photographs, and combined offender DNA index system biometric databases.
(2) The department shall provide data on the number of 10-print and palm-print
submissions to the database, with a goal of at least 97% of submissions provided
electronically as provided in section 217 of this part.
(3) The department shall maintain the staffing and resources necessary to have a
28-day average wait time for scheduling a polygraph examination, assuming an annual
caseload received commensurate with fiscal year 2012-2013, with a goal of achieving a
15-day average wait time.
(4) If changes are made to the department's protocol for retaining and purging
DNA analysis samples and records, the department shall post a copy of the protocol
changes on the department's website.
Sec. 16-405. Not later than December 1 of the subsequent fiscal year, the
department shall submit a report to the subcommittees and senate and house fiscal
agencies that includes, but is not limited to, all of the following information:
(a) Sexual assault kit analysis backlog at the beginning of the current fiscal
year.
(b) The number of sexual assault kits collected or submitted for analysis during
the current fiscal year.
(c) The number of sexual assault kits analyzed and the number of associated DNA
profiles created and uploaded during the current fiscal year.
(d) Sexual assault kit analysis backlog at the ending of the current fiscal year.
(e) The average turnaround time to analyze sexual assault kits and to create and
upload associated DNA profiles for the current fiscal year.
Sec. 16-406. The department shall provide administrative support for the
following grant and community service programs:
(a) The operations of the automobile theft prevention authority.
(b) Administration of the Edward Byrne memorial justice assistance program and
other grant programs as well as the department's community policing efforts.
(c) Oversight and administration of 9-1-1 operations statewide.
COMMISSION ON LAW ENFORCEMENT STANDARDS
Sec. 16-501. (1) MCOLES shall establish standards for the selection, employment,
training, education, licensing, and revocation of all law enforcement officers and
provide the basic law enforcement training curriculum for law enforcement training
academy programs statewide.
(2) MCOLES shall maintain staffing and resources necessary to update law
enforcement standards within 120 days of the enactment date of any new legislation.
FIELD SERVICES
Sec. 16-601. (1) Department enlisted personnel who are employed to enforce
traffic laws as provided in section 629e of the Michigan vehicle code, 1949 PA 300,
MCL 257.629e, shall not be prohibited from responding to crimes in progress or other
emergency situations and are responsible for making every effort to protect all
residents of this state.
(2) The department shall maintain the staffing and resources necessary to
continually work to enhance traffic safety throughout this state and shall dedicate a
minimum of 455,200 hours to statewide patrol, of which a minimum of 40,000 shall be
committed to distressed cities in this state, and a minimum of 2,000 shall be
committed to Belle Isle. The department shall work to improve public safety efforts
within distressed cities by enhancing data analysis capabilities and identifying crime
trends and areas with high occurrence of crime.
(3) The department shall maintain the staffing and resources necessary to perform
activities to maintain a 93% compliance rate for reporting by registered sex
offenders.
(4) The department shall submit a report on or before December 1 to the
subcommittees and senate and house fiscal agencies regarding the secure cities
partnership during the prior fiscal year.
Sec. 16-602. (1) The department shall identify and apprehend criminals through
criminal investigations in this state.
(2) The department shall maintain the staffing and resources necessary to provide
a comparable number of hours investigating crimes as those performed in fiscal year
2012-2013.
(3) The department shall maintain the staffing and resources necessary to
annually meet or exceed a case clearance rate of 62%.
(4) The department shall annually provide 4 training opportunities to local law
enforcement partners with the goal of increasing their knowledge of gambling laws,
trends, legal issues, and opioid-related investigations.
(5) The department shall maintain the staffing and resources necessary to
increase the number of opioid-related investigations by 20% above the number of such
investigations conducted in the 2014-2015 fiscal year conducted by multijurisdictional
task forces and hometown security teams. The department shall work to enhance
investigative and drug interdiction efforts by enhancing data analysis capabilities
and linking investigations among multijurisdictional task forces and hometown security
teams.
Sec. 16-603. (1) The department shall provide protection to this state, its
economy, welfare, and vital state-sponsored programs through the prevention and
suppression of organized smuggling of untaxed tobacco products in the state, through
enforcement of the tobacco products tax act, 1993 PA 327, MCL 205.421 to 205.436, and
other laws pertaining to combating criminal activity in this state, by maintaining a
tobacco tax enforcement unit.
(2) The department shall submit an annual report on December 1 to the
subcommittees, the senate and house appropriations subcommittees on general
government, the senate and house fiscal agencies, and the state budget office that
details expenditures and activities related to tobacco tax enforcement for the prior
fiscal year.
(3) The tobacco tax enforcement unit shall dedicate a minimum of 16,600 hours to
tobacco tax enforcement.
Sec. 16-604. (1) The department shall provide fire investigation services to
citizens of this state through training and investigative assistance to public safety
agencies in this state.
(2) The department shall maintain the staffing and resources necessary to
maintain readiness to respond appropriately to at least the number of requests for
fire investigation services that occurred in fiscal year 2010-2011 and shall be
available for call out statewide 100% of the time.
SPECIALIZED SERVICES
Sec. 16-701. (1) The department shall operate the Michigan intelligence operation
center for homeland security as the state's primary federally designated fusion center
to receive, analyze, gather, and disseminate threat-related information among federal,
state, local, tribal, and private sector partners.
(2) The department shall ensure public safety by providing public and private
sector partners with timely and accurate information regarding critical information
key resource threats as reported to or discovered by the Michigan intelligence
operations center for homeland security and shall increase public awareness on how to
report suspicious activity through website or telephone communications.
(3) The department shall maintain the staffing and resources necessary to support
the cyber section, including the Michigan cyber command center, the computer crimes
unit, and the internet crimes against children task force. The department shall
maintain the staffing and resources necessary to increase the number of cases
completed by the computer crimes unit by 40% above the number of cases completed in
the 2014-2015 fiscal year. The unit shall pursue process improvement initiatives to
effectively utilize staff resources in providing investigatory assistance and
evidentiary analysis for law enforcement and criminal justice agencies statewide. The
department shall maintain the staffing and resources necessary to increase the
Michigan cyber command center casework by 25% above the level of activity in the 2017-
2018 fiscal year.
(4) The department shall maintain the staffing and resources necessary to provide
digital forensic analysis services with a goal of decreasing backlogs of digital
forensic analysis cases annually until the department maintains a 60-day turnaround
time.
Sec. 16-702. (1) The department shall provide specialized services in support of,
and to enhance, local, state, and federal law enforcement operations within this state
in accordance with all applicable state and federal laws and regulations.
(2) The department shall maintain the staffing and resources necessary to provide
training to maintain readiness to respond appropriately to at least the number of
requests for specialty services which occurred in fiscal year 2010-2011.
(3) The canine unit shall be available for call out statewide 100% of the time.
(4) The bomb squad unit shall be available for call out statewide 100% of the
time.
(5) The emergency support teams shall be available for call out statewide 100% of
the time.
(6) The marine services team shall be available for call out statewide 100% of
the time.
(7) Aviation services shall be available for call out statewide 100% of the time,
unless prohibited by weather or unexpected mechanical breakdowns.
(8) The department shall prepare a report to the legislature that evaluates law
enforcement issues related to the use of drones, including existing local, state, and
federal laws and regulations regarding their use, any input that the department may
have to offer as to the efficacy of such laws, and department-recommended drone
law/regulation enforcement policies which could be established as Michigan law
enforcement best practices. This report shall be transmitted to the chairpersons of
the senate and house appropriations subcommittees, and the senate and house fiscal
agencies no later than April 2, 2019.
Sec. 16-703. (1) The department shall maintain commercial vehicle regulation,
school bus inspections, and enforcement activities, including enforcement of
requirements concerning size, weight, and load restrictions; operating authority;
registration; fuel taxes; transportation of hazardous materials; operations of new
entrants; and commercial driver's licenses.
(2) The department shall maintain the staffing and resources necessary to meet
inspection goals consistent with the department's federal motor carrier assistance
program activities.
(3) Revenue collected under the motor carrier act, 1933 PA 254, MCL 475.1 to
479.42, shall be expended in accordance with that act. Unexpended and unencumbered
revenues shall not lapse to the general fund but shall be carried forward into the
subsequent fiscal year.
Sec. 16-704. (1) The department shall coordinate the mitigation, preparation,
response, and recovery activities of municipal, county, state, and federal
governments, and other governmental entities, for all hazards, disasters, and
emergencies.
(2) The state director of emergency management may expend money appropriated
under part 1 to call upon any agency or department of the state or any resource of the
state to protect life or property or to provide for the health or safety of the
population in any area of the state in which the governor proclaims a state of
emergency or state of disaster under 1945 PA 302, MCL 10.31 to 10.33, or under the
emergency management act, 1976 PA 390, MCL 30.401 to 30.421. The state director of
emergency management may expend the amounts the director considers necessary to
accomplish these purposes. The director shall submit to the state budget director as
soon as possible a complete report of all actions taken under the authority of this
section. The report shall contain, as a separate item, a statement of all money
expended that is not reimbursable from federal money. The state budget director shall
review the expenditures and submit recommendations to the legislature in regard to any
possible need for a supplemental appropriation.
(3) In addition to the money appropriated in part 1, the department may receive
and expend money from local, private, federal, or state sources for the purpose of
providing emergency management training to local or private interests and for the
purpose of supporting emergency preparedness, response, recovery, and mitigation
activity. If additional expenditure authorization in the statewide integrated
governmental management application (SIGMA) is approved by the state budget office
under this section, the department and the state budget office shall notify the
subcommittees and the senate and house fiscal agencies within 10 days after the
approval. The notification shall include the amount and source and the additional
authorization, the date of its approval, and the projected use of funds to be expended
under the authorization.
(4) The department shall foster, promote, and maintain partnerships to protect
this state and homeland from all hazards.
(5) The department shall maintain the staffing and resources necessary to do all
of the following:
(a) Serve approximately 105 local emergency management preparedness programs and
88 local emergency planning committees in this state.
(b) Operate and maintain the state's emergency operations center and provide
command and control in support of emergency response services.
(c) Maintain readiness, including training and equipment to respond to civil
disorders and natural disasters commensurate with the capabilities of fiscal year
2010-2011.
(d) Perform hazardous materials response training.
(6) The department shall conduct a minimum of 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. If
expenditures are made from the disaster and emergency contingency fund during a month,
the department shall submit monthly reports to the senate and house fiscal agencies
detailing the purpose of the expenditures. These monthly reports shall be submitted
within 30 days after the end of the month during which funds from the disaster and
emergency contingency fund were expended.
(9) Upon the declaration of a state of emergency or disaster by the governor
under section 3 of the emergency management act, 1976 PA 390, MCL 30.403, approval of
the state budget director, and notification of the subcommittees and senate and house
fiscal agencies, the director may expend funds appropriated from any source to any
line item within part 1 for the purpose of paying the necessary and reasonable
expenses incurred by the department in responding to or mitigating the effects of any
emergency or disaster as those terms are defined in section 2 of the emergency
management act, 1976 PA 390, MCL 30.402.
Sec. 16-705. The department shall provide for the planning, administration, and
implementation of highway traffic safety programs to save lives and reduce injuries on
Michigan roads in partnership with other public and private organizations.
Sec. 16-706. (1) The department shall provide funding to county sheriff
departments to patrol secondary roads.
(2) The sheriffs' duties under the secondary road patrol program, as outlined in
section 76(2) of 1846 RS 14, MCL 51.76, are to patrol and monitor traffic violations;
to enforce the criminal laws of this state, violations of which are observed by or
brought to the attention of the sheriff's department while patrolling and monitoring
secondary roads; to investigate accidents involving motor vehicles; and to provide
emergency assistance to persons on or near a highway or road the sheriff is patrolling
and monitoring.
(3) The department shall provide the following information on secondary road
patrol activities supported by appropriations in part 1:
(a) The number of funded full-time equivalent county sheriff secondary road
patrol deputies.
(b) The number of hours dedicated to patrol under the secondary road patrol
program, with an annual goal of at least 178,000 hours.
(4) The information required to be reported under subsection (3) shall be
reported on an annual basis.
ONE-TIME APPROPRIATIONS
Sec. 16-901. (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
this state to address campus sexual assault issues to improve the safety and security
of students, faculty, and staff in campus environments in this 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, 2018, 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, 2020.
(5) The unexpended funds appropriated in part 1 for the sexual assault prevention
and education initiative are designated as work project appropriations, and any
unencumbered or unallotted funds shall not lapse at the end of the fiscal year and
shall be available for expenditures for projects under this section until the projects
have been completed. The following is in compliance with section 451aof the management
and budget act, 1984 PA 431, MCL 18.1451a:
(a) The purpose of the project is to provide grants for sexual assault education,
awareness, prevention, reporting, and bystander intervention programs.
(b) The project will be accomplished by grants to eligible community colleges,
colleges, and universities.
(c) The total estimated cost of the project is $600,000.00.
(d) The estimated completion date is September 30, 2020.
Article 17
DEPARTMENT OF TALENT AND ECONOMIC DEVELOPMENT
PART 1
LINE-ITEM APPROPRIATIONS AND ANTICIPATED APPROPRIATIONS
Sec. 17-101. Subject to the conditions set forth in this article, the amounts
listed in this part for the department of talent and economic development are
appropriated for the fiscal year ending September 30, 2019, and are anticipated to be
appropriated for the fiscal year ending September 30, 2020, from the funds indicated
in this part. The following is a summary of the appropriations and anticipated
appropriations in this part:
DEPARTMENT OF TALENT AND ECONOMIC DEVELOPMENT
APPROPRIATION SUMMARY
Full-time equated unclassified positions................ 6.0 6.0
Full-time equated classified positions.................. 1,450.0 1,450.0
GROSS APPROPRIATION...................................... $ 1,118,945,600 $ 1,104,445,500
Total interdepartmental grants and interdepartmental
transfers............................................... 0 0
ADJUSTED GROSS APPROPRIATION............................. $ 1,118,945,600 $ 1,104,445,500
Total federal revenues................................... 762,645,800 762,645,800
Total local revenues..................................... 500,000 500,000
Total private revenues................................... 5,621,700 5,621,700
Total other state restricted revenues.................... 183,432,300 183,432,200
State general fund/general purpose....................... $ 166,745,800 $ 152,245,800
State general fund/general purpose schedule:
Ongoing state general fund/general purpose............ 152,245,800 152,245,800
One-time state general fund/general purpose........... 14,500,000 0
Sec. 17-102. DEPARTMENTAL ADMINISTRATION AND SUPPORT
Full-time equated unclassified positions................ 6.0 6.0
Full-time equated classified positions.................. 15.0 15.0
Unclassified salaries-6.0 FTE positions.................. $ 1,108,500 $ 1,108,500
Executive direction and operations-15.0 FTE positions.... 3,903,500 3,903,500
GROSS APPROPRIATION...................................... $ 5,012,000 $ 5,012,000
Appropriated from:
Federal revenues:
Other federal revenues................................... 4,317,600 4,317,600
Special revenue funds:
Other state restricted revenues.......................... 495,900 495,900
State general fund/general purpose....................... $ 198,500 $ 198,500
Sec. 17-103. MICHIGAN STRATEGIC FUND
Full-time equated classified positions.................. 157.0 157.0
Administrative services-37.0 FTE positions............... $ 6,418,300 $ 6,418,300
Arts and cultural program................................ 10,150,000 10,150,000
Business attraction and community revitalization......... 110,379,900 110,379,900
Community college skilled trades equipment program....... 4,600,000 4,600,000
Community development block grants....................... 47,000,000 47,000,000
Entrepreneurship eco-system.............................. 16,400,000 16,400,000
Facility for rare isotope beams.......................... 7,300,000 7,300,000
Job creation services-120.0 FTE positions................ 22,518,900 22,518,900
Pure Michigan............................................ 35,000,000 35,000,000
GROSS APPROPRIATION...................................... $ 259,767,100 $ 259,767,100
Appropriated from:
Federal revenues:
Other federal revenues................................... 53,936,100 53,936,100
Special revenue funds:
Private revenues......................................... 350,000 350,000
21st century jobs fund................................... 75,000,000 75,000,000
Other state restricted revenues.......................... 9,851,300 9,851,300
State general fund/general purpose....................... $ 120,629,700 $ 120,629,700
Sec. 17-104. TALENT INVESTMENT AGENCY
Full-time equated classified positions.................. 979.0 979.0
Community ventures....................................... $ 5,000,000 $ 5,000,000
Executive direction-14.0 FTE positions................... 3,498,500 3,498,500
Information technology services and projects............. 22,610,700 22,610,700
Going pro................................................ 30,918,800 30,918,800
Unemployment insurance agency-760.0 FTE positions........ 137,836,900 137,836,900
Workforce development programs........................... 381,556,600 381,556,600
Workforce program administration-205.0 FTE positions..... 34,645,800 34,645,800
GROSS APPROPRIATION...................................... $ 616,067,300 $ 616,067,300
Appropriated from:
Federal revenues:
Other federal revenues................................... 536,532,100 536,532,100
Special revenue funds:
Local revenues........................................... 500,000 500,000
Private revenues......................................... 5,271,700 5,271,700
Other state restricted revenues.......................... 45,323,200 45,323,200
State general fund/general purpose....................... $ 28,440,300 $ 28,440,300
Sec. 17-105. LAND BANK FAST TRACK AUTHORITY
Full-time equated classified positions.................. 9.0 9.0
Land bank fast track authority-9.0 FTE positions......... $ 4,125,700 $ 4,125,700
GROSS APPROPRIATION...................................... $ 4,125,700 $ 4,125,700
Appropriated from:
Federal revenues:
Other federal revenues................................... 1,000,000 1,000,000
Special revenue funds:
Other state restricted revenues.......................... 148,400 148,400
State general fund/general purpose....................... $ 2,977,300 $ 2,977,300
Sec. 17-106. MICHIGAN STATE HOUSING DEVELOPMENT AUTHORITY
Full-time equated classified positions.................. 290.0 290.0
Housing and rental assistance-290.0 FTE positions........ $ 45,043,500 $ 45,043,500
Lighthouse preservation program.......................... 307,500 307,500
Michigan state housing development authority
technology services and projects........................ 3,625,100 3,625,100
Payments on behalf of tenants............................ 166,860,000 166,860,000
Property management...................................... 3,637,300 3,637,300
GROSS APPROPRIATION...................................... $ 219,473,400 $ 219,473,400
Appropriated from:
Federal revenues:
Other federal revenues................................... 166,860,000 166,860,000
Special revenue funds:
Other state restricted revenues.......................... 52,613,400 52,613,400
State general fund/general purpose....................... $ 0 $ 0
Sec. 17-107. ONE-TIME APPROPRIATIONS
Drinking water declaration of emergency.................. $ 100 $ 0
Entrepreneurship eco-system.............................. 2,500,000 0
Going pro................................................ 10,000,000 0
Project rising tide...................................... 2,000,000 0
GROSS APPROPRIATION...................................... $ 14,500,100 $ 0
Appropriated from:
Special revenue funds:
Other state restricted revenues.......................... 100 0
State general fund/general purpose....................... $ 14,500,000 $ 0
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
FISCAL YEAR 2019
GENERAL SECTIONS
Sec. 17-201. Pursuant to section 30 of article IX of the state constitution of
1963, total state spending from state resources under part 1 for the fiscal year 2019
is $350,178,100.00 and state spending from state resources to be paid to local units
of government for fiscal year 2019 is $32,400,000.00. The itemized statement below
identifies appropriations from which spending to local units of government will occur:
DEPARTMENT OF TALENT AND ECONOMIC DEVELOPMENT
Arts and cultural program............................................... $ 1,000,000
Going pro............................................................... 20,100,000
Workforce development programs.......................................... 11,300,000
TOTAL..................................................................... $ 32,400,000
Sec. 17-202. The appropriations authorized under this article are subject to the
management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594.
Sec. 17-203. As used in this article:
(a) "Department" means the department of talent and economic development.
(b) "Director" means the director of the department.
(c) "FTE" means full-time equated.
(d) "Fund" means the Michigan strategic fund.
(e) "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.
(f) "MEGA" means the Michigan Economic Growth Authority.
(g) "PATH" means Partnership. Accountability. Training. Hope.
(h) "TANF" means Temporary assistance for needy families.
(i) "USC" means United States code.
(j) "USDOL" means the United States Department of Labor.
Sec. 17-204. The departments and agencies receiving appropriations in part 1
shall use the Internet to fulfill the reporting requirements of this article. This
requirement may include transmission of reports via electronic mail to the recipients
identified for each reporting requirement, or it may include placement of reports on
an Internet or Intranet site.
Sec. 17-205. Funds appropriated in part 1 shall not be used for the purchase of
foreign goods or services, or both, if competitively priced and of comparable quality
American goods or services, or both, are available. Preference shall be given to goods
or services, or both, manufactured or provided by Michigan businesses, if they are
competitively priced and of comparable quality. In addition, preference should be
given to goods or services, or both, that are manufactured or provided by Michigan
businesses owned and operated by veterans, if they are competitively priced and of
comparable quality.
Sec. 17-206. The director shall take all reasonable steps to ensure businesses in
deprived and depressed communities compete for and perform contracts to provide
services or supplies, or both. Each director shall strongly encourage firms with which
the department contracts to subcontract with certified businesses in depressed and
deprived communities for services, supplies, or both.
Sec. 17-207. The departments and agencies receiving appropriations in part 1
shall prepare a report on out-of-state travel expenses not later than January 1 of
each year. The travel report shall be a listing of all travel by classified and
unclassified employees outside this state in the immediately preceding fiscal year
that was funded in whole or in part with funds appropriated in the department's
budget. The report shall be submitted to the senate and house appropriations
committees, the house and senate fiscal agencies, and the state budget director. The
report shall include the following information:
(a) The dates of each travel occurrence.
(b) The transportation and related costs of each travel occurrence, including the
proportion funded with state general fund/general purpose revenues, the proportion
funded with state restricted revenues, the proportion funded with federal revenues,
and the proportion funded with other revenues.
Sec. 17-208. Funds appropriated in part 1 shall not be used by a principal
executive department, state agency, or authority to hire a person to provide legal
services that are the responsibility of the attorney general. This prohibition does
not apply to legal services for bonding activities and for those outside services that
the attorney general authorizes.
Sec. 17-209. Not later than November 30, the state budget office shall prepare
and transmit a report that provides for estimates of the total general fund/general
purpose appropriation lapses at the close of the prior fiscal year. This report shall
summarize the projected year-end general fund/general purpose appropriation lapses by
major departmental program or program areas. The report shall be transmitted to the
chairpersons of the senate and house appropriations committees and the senate and
house fiscal agencies.
Sec. 17-210. (1) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $30,000,000.00 for federal contingency funds.
These funds are not available for expenditure until they have been transferred to
another line item in this article under section 393(2) of the management and budget
act, 1984 PA 431, MCL 18.1393.
(2) In addition to the funds appropriated in part 1, there is appropriated an
amount not to exceed $10,000,000.00 for state restricted contingency funds. These
funds are not available for expenditure until they have been transferred to another
line item in this article under section 393(2) of the management and budget act, 1984
PA 431, MCL 18.1393.
(3) In addition to the funds appropriated in part 1, there is appropriated an
amount not to exceed $2,000,000.00 for local contingency funds. These funds are not
available for expenditure until they have been transferred to another line item in
this article under section 393(2) of the management and budget act, 1984 PA 431, MCL
18.1393.
(4) In addition to the funds appropriated in part 1, there is appropriated an
amount not to exceed $2,000,000.00 for private contingency funds. These funds are not
available for expenditure until they have been transferred to another line item in
this article under section 393(2) of the management and budget act, 1984 PA 431, MCL
18.1393.
Sec. 17-211. The department shall cooperate with the department of technology,
management and budget to maintain a searchable website accessible by the public at no
cost that includes, but is not limited to, all of the following for each department or
agency:
(a) Fiscal year-to-date expenditures by category.
(b) Fiscal year-to-date expenditures by appropriation unit.
(c) Fiscal year-to-date payments to a selected vendor, including the vendor name,
payment date, payment amount, and payment description.
(d) The number of active department employees by job classification.
(e) Job specifications and wage rates.
Sec. 17-212. Within 14 days after the release of the executive budget
recommendation, the department shall cooperate with the state budget office to provide
the senate and house appropriations chairs, the senate and house appropriations
subcommittees chairs, and the senate and house fiscal agencies with an annual report
on estimated state restricted fund balances, state restricted fund projected revenues,
and state restricted fund expenditures for the fiscal years ending September 30, 2018
and September 30, 2019.
Sec. 17-213. The department shall maintain, on a publicly accessible website, a
department scorecard that identifies, tracks and regularly updates key metrics that
are used to monitor and improve the department's performance.
Sec. 17-214. Total authorized appropriations from all sources under part 1 for
legacy costs for the fiscal year ending September 30, 2019 are estimated at
$32,493,000.00. From this amount, total agency appropriations for pension-related
legacy costs are estimated at $14,979,800.00. Total agency appropriations for retiree
health care legacy costs are estimated at $17,513,200.00.
Sec. 17-215. Federal pass-through funds to local institutions and governments
that are received in amounts in addition to those included in part 1 and that do not
require additional state matching funds are appropriated for the purposes intended.
The department may carry forward into the succeeding fiscal year unexpended federal
pass-through funds to local institutions and governments that do not require
additional state matching funds. The department shall report the amount and source of
the funds to the senate and house appropriation subcommittees on general government,
the senate and house fiscal agencies, and the state budget office within 10 business
days after receiving any additional pass-through funds.
MICHIGAN STATE HOUSING DEVELOPMENT AUTHORITY
Sec. 17-994. In addition to the funds appropriated in part 1, the funds collected
by state historic preservation programs for document reproduction and services and
application fees are appropriated for all expenses necessary to provide the required
services. These funds are available for expenditure when they are received and may be
carried forward into the succeeding fiscal year.
LAND BANK FAST TRACK AUTHORITY
Sec. 17-995. In addition to the amounts appropriated in part 1, the land bank
fast track authority may expend revenues received under the land bank fast track act,
2003 PA 258, MCL 124.751 to 124.774, for the purposes authorized by the act,
including, but not limited to, the acquisition, lease, management, demolition,
maintenance, or rehabilitation of real or personal property, payment of debt service
for notes or bonds issued by the authority, and other expenses to clear or quiet title
property held by the authority.
MICHIGAN STRATEGIC FUND
Sec. 17-1005. In addition to the appropriations in part 1, Travel Michigan may
receive and expend 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 director by April 10.
Sec. 17-1008. As a condition of receiving funds under part 1, any interlocal
agreement entered into by the fund shall include language which states that if a local
unit of government has a contract or memorandum of understanding with a private
economic development agency, the MEDC will work cooperatively with that private
organization in that local area.
Sec. 17-1009. (1) Of the funds appropriated to the fund or through grants to the
MEDC, no funds shall be expended for the purchase of options on land or the purchase
of land unless at least 1 of the following conditions applies:
(a) The land is located in an economically distressed area.
(b) The land is obtained through a purchase or exercise of an option at the
invitation of the local unit of government and local economic development agency.
(2) Consideration may be given to purchases where the proposed use of the land is
consistent with a regional land use plan, will result in the redevelopment of an
economically distressed area, can be supported by existing infrastructure, and will
not cause shifts in population away from the area's population centers.
(3) As used in this section, "economically distressed area" means an area in a
city, village, or township that has been designated as blighted; a city, village, or
township that shows negative population change from 1970 and a poverty rate and
unemployment rate greater than the statewide average; or an area certified as a
neighborhood enterprise zone under the neighborhood enterprise zone act, 1992 PA 147,
MCL 207.771 to 207.786.
(4) If land or options on land are purchased under subsection (1), the fund shall
provide a report to the senate and house of representatives appropriations
subcommittees on general government, the senate and house fiscal agencies, and the
state budget director that provides a list of all properties purchased, all options on
land purchased, the location of the land purchased, and the purchase price. The report
must be submitted before April 10.
Sec. 17-1011. (1) From the appropriations in part 1 to the fund, or granted or
transferred to the MEDC, any unexpended or unencumbered balance shall be disposed of
in accordance with the requirements in the management and budget act, 1984 PA 431, MCL
18.1101 to 18.1594, unless carryforward authorization has been otherwise provided for.
(2) Any encumbered funds, including encumbered funds subsequently unobligated,
shall be used for the same purposes for which funding was originally appropriated in
this part and part 1.
(3) For funds appropriated in part 1 to the fund, any carry forward authorization
subsequently created through a work project shall be preserved until a cash or accrued
expenditure has been executed or the allowable work project time period has expired.
Sec. 17-1012. (1) As a condition of receiving funds under part 1, the fund shall
ensure that the MEDC and the fund comply with all of the following:
(a) The freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.116.
(b) The open meetings act, 1976 PA 267, MCL 15.261 to 15.275.
(c) Annual audits of all financial records by the auditor general or his or her
designee.
(d) All reports required by law to be submitted to the legislature.
(2) If the MEDC is unable for any reason to perform duties under this part, the
fund may exercise those duties.
Sec. 17-1013. As a condition for receiving the appropriations in part 1, any
staff of the MEDC involved in private 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. 17-1024. From the funds appropriated in part 1 for business attraction and
community revitalization, not less than $20,000,000.00 shall be granted by the fund
board for brownfield redevelopment and historic preservation projects under the
community revitalization program authorized by chapter 8C of the Michigan strategic
fund act, 1984 PA 270, MCL 125.2090 to 125.2090d.
Sec. 17-1032. (1) The department shall report to the house and senate
subcommittees on general government, the state budget director, and the fiscal
agencies on the status of the film incentives at the same time as it submits the
annual report required under section 455 of the Michigan business tax act, 2007 PA 36,
MCL 208.1455. The department of treasury shall provide the department with the data
necessary to prepare the report. Incentives included in the report shall include all
of the following:
(a) The tax credit provided under section 455 of the Michigan business tax act,
2007 PA 36, MCL 208.1455.
(b) The tax credit provided under section 457 of the Michigan business tax act,
2007 PA 36, MCL 208.1457.
(c) The tax credit provided under section 459 of the Michigan business tax act,
2007 PA 36, MCL 208.1459.
(d) The amount of any tax credit claimed under former section 367 of the income
tax act of 1967, 1967 PA 281.
(e) Any tax credits provided for film and digital media production under the
Michigan economic growth authority act, 1995 PA 24, MCL 207.801 to 207.810.
(f) Loans to an eligible production company or film and digital media private
equity fund authorized under section 88d(3), (4), and (5) of the Michigan strategic
fund act, 2005 PA 225, MCL 125.2088d.
(2) The report shall include all of the following information:
(a) For each tax credit, the number of contracts signed, the projected
expenditures qualifying for the credit, and the estimated value of the credits. For
loans, the number of loans made under each section, the interest rate of those loans,
the loan amount, the percent of the projected budget of each production financed by
those loans, and the estimated interest earnings from the loan.
(b) For credits authorized under section 455 of the Michigan business tax act,
2007 PA 36, MCL 208.1455, for productions completed by December 31, the expenditures
of each production eligible for the credit that has filed a request for certificate of
completion with the film office, broken down into expenditures for goods, services, or
salaries and wages and showing separately expenditures in each local unit of
government, including expenditures for personnel, whether or not they were made to a
Michigan entity, and whether or not they were taxable under the laws of this state.
For loans, the report shall include the number of loans that have been fully repaid,
with principal and interest shown separately, and the number of loans that are
delinquent or in default, and the amount of principal that is delinquent or is in
default.
(c) For each of the tax credit incentives and loan incentives listed in
subsection (1), a breakdown for each project or production showing each of the
following:
(i) The number of temporary jobs created.
(ii) The number of permanent jobs created.
(iii) The number of persons employed in Michigan as a result of the incentive, on
a full-time equated basis.
(3) For any information not included in the report due to the provisions of
section 455(6), 457(6), or 459(6) of the Michigan business tax act, 2007 PA 36, MCL
208.1455, 208.1457, and 208.1459, the report shall do all of the following:
(a) Indicate how the information would describe the commercial and financial
operations or intellectual property of the company.
(b) Attest that the information has not been publicly disseminated at any time.
(c) Describe how disclosure of the information may put the company at a
competitive disadvantage.
(4) Any information not disclosed due to the provisions of section 455(6),
457(6), or 459(6) of the Michigan business tax act, 2007 PA 36, MCL 208.1455,
208.1457, and 208.1459, shall be presented at the lowest level of aggregation that
would no longer describe the commercial and financial operations or intellectual
property of the company.
Sec. 17-1034. Each business incubator or accelerator that received an award from
the fund shall maintain and update a dashboard of indicators to measure the
effectiveness of the business incubator and accelerator programs. Indicators shall
include the direct jobs created, new companies launched as a direct result of business
incubator or accelerator involvement, businesses expanded as a direct result of
business incubator or accelerator involvement, direct investment in client companies,
private equity financing obtained by client companies, grant funding obtained by
client companies, and other measures developed by the recipient business incubators
and accelerators in conjunction with the MEDC. Dashboard indicators shall be reported
for the prior fiscal year and cumulatively, if available. Each recipient shall submit
a copy of their dashboard indicators to the fund by March 1. The fund shall transmit
the local reports to the senate and house of representatives appropriations
subcommittees on general government, the senate and house fiscal agencies, and the
state budget director by April 10.
Sec. 17-1035. (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.
(e) In addition to the information in subdivision (d), the council shall report
on the number of applications received, number of grants awarded, total amount
requested from applications received, and total amount of grants awarded.
(2) The appropriation in part 1 for arts and cultural program shall not be used
for the administration of the grant program.
Sec. 17-1036. (1) The general fund/general purpose funds appropriated in part 1
to the fund for business attraction and community revitalization shall be transferred
to the 21st century jobs trust fund per section 90b(3) of the Michigan strategic fund
act, 1984 PA 270, MCL 125.2090b.
(2) Funds transferred to the 21st century jobs trust fund under subsection (1)
are appropriated and available for allocation as authorized in the Michigan strategic
fund act, 1984 PA 270, MCL 125.2001 to 125.2094.
Sec. 17-1038. (1) From the funds appropriated in part 1, the department shall
work with Michigan State University to gather information and create an annual
progress report on the construction of the facility for rare isotope beams. The report
shall include, but is not limited to, the following information:
(a) If construction is ahead of the scheduled timeline made with the United
States Department of Energy at the end of the previous fiscal year and the number of
weeks.
(b) If the cost of construction is under or over the amount projected for the
previous fiscal year and the amount.
(c) The number of Michigan companies that have been contracted for the project,
the total amount of those contracts, and number of permanent and temporary employees
employed in the previous fiscal year.
(2) The department shall report to the state budget director, senate and house
appropriations committees, and senate and house fiscal agencies by April 10. If
information is not provided by Michigan State University by April 10, the department
shall provide notice of steps taken to get the required information and when it will
be available.
Sec. 17-1042. For the funds appropriated in part 1 for business attraction and
community revitalization, the fund shall report quarterly on the amount of funds
considered appropriated, pre-encumbered, encumbered, and expended. The report shall
also include a listing of all previous appropriations for business attraction and
community revitalization, or a predecessor, that were considered appropriated, pre-
encumbered, encumbered, or expended that have lapsed back to the fund for any purpose.
The report shall be submitted to the chairpersons of the senate and house of
representatives standing committees on appropriations, the chairpersons of the senate
and house of representatives standing committees on appropriations subcommittees on
general government, the senate and house fiscal agencies, and the state budget
director.
Sec. 17-1043. (1) The fund, in conjunction with the department of treasury, shall
report to the senate and house of representatives appropriations subcommittees on
general government, the senate and house fiscal agencies, and the state budget
director by November 1 on the annual cost of the Michigan economic growth authority
tax credits. The report shall include for each year the board-approved credit amount,
adjusted for credit amendments where applicable, and the actual and projected value of
tax credits for each year from 1995 to the expiration of the credit program. For years
for which credit claims are complete, the report shall include the total of actual
certificated credit amounts. For years for which claims are still pending or not yet
submitted, the report shall include a combination of actual credits where available
and projected credits. Credit projections shall be based on updated estimates of
employees, wages, and benefits for eligible companies.
(2) In addition to the report under subsection (1), the fund, in conjunction with
the department of treasury, shall report to the senate and house of representatives
appropriations subcommittees on general government, the senate and house fiscal
agencies, and the state budget director by November 1 on the annual cost of all other
certificated credits by program, for each year until the credits expire or can no
longer be collected. The report shall include estimates on the brownfield
redevelopment credit, film credits, MEGA photovoltaic technology credit, MEGA
polycrystalline silicon manufacturing credit, MEGA vehicle battery credit, and other
certificated credits.
Sec. 17-1044. As a condition of receiving appropriations in part 1, prior to
authorizing the transfer of any previously authorized tax credit that would increase
the liability to this state, the department, on behalf of the Michigan strategic fund
board, shall notify the chairpersons of the senate and house of representatives
standing committees on appropriations, the chairpersons of the relevant appropriations
subcommittees, the senate and house fiscal agencies, and the state budget director not
fewer than 30 days prior to the authorization of the tax credit transfer.
Sec. 17-1050. (1) From the funds appropriated in part 1 for business attraction
and community revitalization, the department shall identify specific outcomes and
performance measures, including, but not limited to, the following:
(a) Total verified jobs created during the fiscal year ending September 30, 2019.
(b) Total private investment obtained during the fiscal year ending September 30,
2019.
(c) Amount of private and public square footage created and reactivated during
the fiscal year ending September 30, 2019.
(2) The department must submit a report to the house and senate appropriations
subcommittees on general government, the senate and house fiscal agencies, and the
state budget director by April 10. The report must describe the specific outcomes and
measures required in subsection (1) and provide the results and data related to these
outcomes and measures for the prior fiscal year if related information is available
for the prior fiscal year.
Sec. 17-1052. From the one-time funds appropriated in part 1 for project rising
tide, the department shall identify specific outcomes and performance measures
including, but not limited to, the following:
(a) Number of communities participating in and completing the redevelopment ready
communities best practices evaluation during the fiscal year ending September 30,
2019.
(b) Number of technical assistance projects completed during the fiscal year
ending September 30, 2019.
TALENT INVESTMENT AGENCY
Sec. 17-1060. The talent investment agency shall administer the PATH training
program in accordance with the requirements of section 407(d) of title IV of the
social security act, 42 USC 607, the state social welfare act, 1939 PA 280, MCL 400.1
to 400.119b, and all other applicable laws and regulations.
Sec. 17-1061. From the funds appropriated in part 1 for workforce programs
subgrantees, the talent investment agency may allocate funding for grants to nonprofit
organizations that offer programs pursuant to the workforce investment act of 1998,
Public Law 105-220, or the workforce innovation and opportunity act, 29 USC 3101 to
3361, eligible youth focusing on apprenticeship readiness, pre-apprenticeship and
apprenticeship activities, entrepreneurship, work-readiness skills, job shadowing, and
financial literacy. Organizations eligible for funding under this section must have
the capacity to provide similar programs in urban areas, as determined by the United
States Bureau of the Census according to the most recent federal decennial census.
Additionally, programs eligible for funding under this section must include the
participation of local business partners. The talent investment agency shall develop
other appropriate eligibility requirements to ensure compliance with applicable
federal rules and regulations.
Sec. 17-1062. The talent investment agency shall make available, in person or by
telephone, 1 disabled veterans outreach program specialist or local veterans
employment representative to Michigan Works! service centers, as resources permit,
during hours of operation, and shall continue to make the appropriate placement of
veterans and disabled veterans a priority.
Sec. 17-1063. (1) In addition to the funds appropriated in part 1, any
unencumbered and unrestricted federal workforce investment act of 1998, Public Law
105-220, 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 senate and
house subcommittees on general government, the fiscal agencies, and the state budget
director on the amount by fiscal year of federal workforce investment act of 1998,
Public Law 105-220, and workforce innovation and opportunity act, 29 USC 3101 to 3361,
funds appropriated under this section.
Sec. 17-1065. The talent investment agency shall publish data and reports on
March 15 and September 30 on the agency website concerning the status of career
technology and going pro funded in part 1. The report shall include the following:
(a) The number of awardees participating in the program and the names of those
awardees organized by major industry group.
(b) The amount of funding received by each awardee under the program.
(c) Amount of funding leveraged from each awardee.
(d) Training models established by each awardee.
(e) The number of individuals enrolled in classroom training, on-the-job-
training, and new USDOL registered apprentices by awardee.
(f) The number of individuals who completed the program.
(g) The number of applications received and the number of applications approved
for each region.
(h) The talent investment agency shall expand workforce training and reemployment
services to better connect workers to in-demand jobs and identify specific outcomes
with performance metrics for this initiative, including, but not limited to, new
apprenticeships, individuals to be hired and trained, current employees trained,
training completed, and employment retention rate at 6 months, and hourly wage at 6
months.
Sec. 17-1066. As a condition of receiving funds in part 1 for going pro, the
talent investment agency shall administer the program as follows:
(a) The talent investment agency shall work cooperatively with grantees to
maximize the amount of funds from part 1 that are available for direct training.
(b) The talent investment agency, workforce development partners, including
regional Michigan Works! agencies, and employers shall collaborate and work
cooperatively to prioritize and streamline the expenditure of the funds appropriated
in part 1. The talent investment agency shall ensure that going pro provides a
collaborative statewide network of workforce and employee skill development partners
that addresses the employee talent needs throughout the state.
(c) The talent investment agency shall ensure that grants are utilized for
individual skill enhancement and to address in-demand talent needs in Michigan.
(d) The talent investment agency shall develop program goals and detailed
guidance for prospective participants to follow to qualify under the program. The
program goals and detailed guidance shall be posted on the talent investment agency
website and distributed to workforce development partners, including local Michigan
Works! agencies, by October 1. Periodic assessments of employer and employee needs
shall be evaluated on a regional basis, and the talent investment agency shall
identify solutions and goals to be implemented to satisfy those needs. The talent
investment agency shall notify the senate and house of representatives standing
committees on appropriations, the senate and house of representatives standing
committees on appropriations subcommittees on general government, the senate and house
fiscal agencies, and the state budget director on any program goal, solution, or
guidance changes not fewer than 14 days prior to the finalization and publication of
the changes. Revenue received by the talent investment agency for going pro may be
expended for the purpose of those programs.
(e) Up to $5,000,000.00 of the funds may be expended to match federal funds. The
intent of these funds will involve improving and increasing the skill level of
employees in skilled trades in the automotive industry and the manufacturing processes
within the changing manufacturing environment.
Sec. 17-1068. (1) Of the funds appropriated in part 1 for the workforce training
programs, the talent investment agency shall provide a report by April 10 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 programs at 4-year institutions.
(g) The number of participants enrolled in proprietary schools or other technical
training programs.
(h) The number of participants that have completed education or training
programs.
(i) The number of participants who secured employment in Michigan within 1 year
of completing a training program.
(j) The number of participants who completed a training program and secured
employment in a field related to their training.
(k) The average wage earned by participants who completed a training program and
secured employment within 1 year.
(l) The actual revenues received by the fund source and fund appropriated for
each discrete workforce development program area.
(2) Data collection for the report shall be for the prior state fiscal year.
Sec. 17-1076. The department shall provide a quarterly report to the members of
the senate and house committees on appropriations, the senate and house fiscal
agencies, and the state budget director that includes, but is not limited to, the
following:
(a) The number of new fraudulent cases that have been identified or issued by the
unemployment insurance agency, classified by employer or claimant, during the quarter.
(b) The total amount of penalties and interest issued on fraudulent cases during
the quarter.
(c) The total amount of penalties and interest dollars received during the
quarter.
(d) The total amount of penalties and interest still owed to the state.
(e) The number of fraudulent cases that have been appealed by an employer or
claimant during the quarter.
Sec. 17-1078. (1) From the funds appropriated in part 1 for the unemployment
insurance agency, the talent investment agency shall maintain customer service
standards for employers and claimants making use of the various means by which they
can access the system.
(2) The talent investment agency shall identify specific outcomes and performance
metrics for this initiative, including, but not limited to, the following:
(a) Unemployment benefit fund balance.
(b) Process improvement - fiscal integrity.
(c) Process improvement - determination timeliness.
(d) Process improvement - determination quality.
Sec. 17-1079. (1) The talent investment agency shall extend the interagency
agreement with the department of health and human services for the duration of the
current fiscal year, which concerns TANF funding to provide job readiness and welfare-
to-work programming. The interagency agreement shall include specific outcome and
performance reporting requirements as described in this section. TANF funding provided
to the talent investment agency in the current fiscal year is contingent on compliance
with the data and reporting requirements described in this section. The interagency
agreement shall require the talent investment agency to provide all of the following
items for the previous year to the senate and house appropriations committees by
January 1 of the current fiscal year:
(a) An itemized spending report on TANF funding, including all of the following:
(i) Direct services to clients.
(ii) Administrative expenditures.
(b) The number of family independence program clients served through the TANF
funding, including all of the following:
(i) The number and percentage who obtained employment through Michigan Works!.
(ii) The number and percentage who fulfilled their TANF work requirement through
other job readiness programming.
(iii) Average TANF spending per client.
(iv) The number and percentage of clients who were referred to Michigan Works!
but did not receive a job or job readiness placement and the reasons why.
(2) Not later than April 10 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.
Article 18
DEPARTMENT OF TECHNOLOGY, MANAGEMENT AND BUDGET
PART 1
LINE-ITEM APPROPRIATIONS AND ANTICIPATED APPROPRIATIONS
Sec. 18-101. Subject to the conditions set forth in this article, the amounts
listed in this part for the department of technology, management and budget are
appropriated for the fiscal year ending September 30, 2019, and are anticipated to be
appropriated for the fiscal year ending September 30, 2020, from the funds indicated
in this part. The following is a summary of the appropriations and anticipated
appropriations in this part:
DEPARTMENT OF TECHNOLOGY, MANAGEMENT AND BUDGET
APPROPRIATION SUMMARY
Full-time equated unclassified positions................ 6.0 6.0
Full-time equated classified positions.................. 3,116.0 3,116.0
GROSS APPROPRIATION...................................... $ 1,360,504,900 $ 1,360,084,800
Total interdepartmental grants and interdepartmental
transfers............................................... 751,777,000 751,777,000
ADJUSTED GROSS APPROPRIATION............................. $ 608,727,900 $ 608,307,800
Total federal revenues................................... 5,033,700 5,033,700
Total local revenues..................................... 2,341,600 2,341,600
Total private revenues................................... 129,400 129,400
Total other state restricted revenues.................... 114,457,400 114,037,300
State general fund/general purpose....................... $ 486,765,800 $ 486,765,800
State general fund/general purpose schedule:
Ongoing state general fund/general purpose............ 486,765,800 486,765,800
One-time state general fund/general purpose........... 0 0
Sec. 18-102. DEPARTMENTAL ADMINISTRATION AND SUPPORT
Full-time equated unclassified positions................ 6.0 6.0
Full-time equated classified positions.................. 846.5 846.5
Unclassified salaries-6.0 FTE positions.................. $ 905,100 $ 905,100
Administrative services-139.5 FTE positions.............. 18,368,400 18,368,400
Budget and financial management-203.0 FTE positions...... 39,361,600 39,361,600
Building operation services-255.0 FTE positions.......... 93,090,500 93,090,500
Bureau of labor market information and strategies-44.0
FTE positions........................................... 5,837,500 5,837,500
Business support services-104.0 FTE positions............ 12,759,800 12,759,800
Design and construction services-40.0 FTE positions...... 6,603,300 6,603,300
Executive operations-12.0 FTE positions.................. 2,427,700 2,427,700
Motor vehicle fleet-35.0 FTE positions................... 74,377,800 74,377,800
Office of the state employer-14.0 FTE positions.......... 1,725,600 1,725,600
Property management...................................... 7,991,600 7,991,600
GROSS APPROPRIATION...................................... $ 263,448,900 $ 263,448,900
Appropriated from:
Interdepartmental grant revenues:
IDG from department of health and human services......... 721,200 721,200
IDG from department of licensing and regulatory
affairs................................................. 100,000 100,000
IDG from other restricted funding........................ 190,163,300 190,163,300
Federal revenues:
Other federal revenues................................... 5,033,700 5,033,700
Special revenue funds:
Local revenues........................................... 93,600 93,600
Private revenues......................................... 129,400 129,400
Other state restricted revenues.......................... 23,155,600 23,155,600
State general fund/general purpose....................... $ 44,052,100 $ 44,052,100
Sec. 18-103. TECHNOLOGY SERVICES
Full-time equated classified positions.................. 1,629.5 1,629.5
Education services-33.0 FTE positions.................... $ 4,207,400 $ 4,207,400
General services-354.5 FTE positions..................... 116,405,200 116,405,200
Health and human services-656.5 FTE positions............ 318,723,300 318,723,300
Public protection-162.5 FTE positions.................... 59,775,900 59,775,900
Resources services-154.5 FTE positions................. . 20,934,300 20,934,300
Transportation services-99.5 FTE positions............... 35,113,500 35,113,500
Enterprise identity management-17.0 FTE positions........ 9,775,000 9,775,000
Homeland security initiative/cyber security-25.0 FTE
positions............................................... 15,231,300 15,231,300
Information technology investment fund................... 40,000,000 40,000,000
Michigan public safety communications system-127.0 FTE
positions............................................... 40,404,100 40,404,100
GROSS APPROPRIATION...................................... $ 660,570,000 $ 660,570,000
Appropriated from:
Interdepartmental grant revenues:
IDG from other restricted funding........................ 555,159,600 555,159,600
Special revenue funds:
Local revenues........................................... 2,248,000 2,248,000
State general fund/general purpose....................... $ 103,162,400 $ 103,162,400
Sec. 18-104. STATEWIDE APPROPRIATIONS
Professional development fund - NEREs.................... $ 200,000 $ 200,000
Professional development fund - UAW...................... 700,000 700,000
GROSS APPROPRIATION...................................... $ 900,000 $ 900,000
Appropriated from:
Interdepartmental grant revenues:
IDG from other restricted funding........................ 900,000 900,000
Special revenue funds:
State general fund/general purpose....................... $ 0 $ 0
Sec. 18-105. SPECIAL PROGRAMS
Full-time equated classified positions.................. 181.0 181.0
Office of children's ombudsman-14.0 FTE positions........ $ 1,860,900 $ 1,860,900
Property management - executive/legislative.............. 1,195,900 1,195,900
Public private partnership............................... 1,500,000 1,500,000
Regional prosperity grants............................... 4,000,000 4,000,000
Retirement services-167.0 FTE positions.................. 29,529,300 29,529,300
GROSS APPROPRIATION...................................... $ 38,086,100 $ 38,086,100
Appropriated from:
Special revenue funds:
Other state restricted revenues.......................... 25,712,500 25,712,500
State general fund/general purpose....................... $ 12,373,600 $ 12,373,600
Sec. 18-106. STATE BUILDING AUTHORITY RENT
State building authority rent - community colleges....... $ 36,378,100 $ 36,378,100
State building authority rent - department of
corrections............................................. 18,318,800 18,318,800
State building authority rent - state agencies........... 55,581,600 55,581,600
State building authority rent - universities............. 155,478,500 155,478,500
GROSS APPROPRIATION...................................... $ 265,757,000 $ 265,757,000
Appropriated from:
Special revenue funds:
State general fund/general purpose....................... $ 265,757,000 $ 265,757,000
Sec. 18-107. CIVIL SERVICE COMMISSION
Full-time equated classified positions.................. 459.0 459.0
Agency services-74.0 FTE positions....................... $ 13,345,100 $ 13,345,100
Employee benefits-25.0 FTE positions..................... 7,683,200 7,683,200
Executive direction-40.0 FTE positions................... 9,518,800 9,518,800
Human resources operations-320.0 FTE positions........... 39,013,800 39,013,800
Information technology services and projects............. 3,484,700 3,484,700
GROSS APPROPRIATION...................................... $ 73,045,600 $ 73,045,600
Appropriated from:
Special revenue funds:
Other state restricted revenues.......................... 49,092,800 49,092,800
State general fund/general purpose....................... $ 23,952,800 $ 23,952,800
Sec. 18-108. CAPITAL OUTLAY
Enterprisewide special maintenance for state
facilities.............................................. $ 26,000,000 $ 26,000,000
Major special maintenance, remodeling, and additions
for state agencies...................................... 3,800,000 3,800,000
GROSS APPROPRIATION...................................... $ 29,800,000 $ 29,800,000
Appropriated from:
Interdepartmental grant revenues:
IDG from other restricted funding........................ 3,800,000 3,800,000
Special revenue funds:
State general fund/general purpose....................... $ 26,000,000 $ 26,000,000
Sec. 18-109. INFORMATION TECHNOLOGY
Information technology services and projects............. $ 28,477,200 $ 28,477,200
GROSS APPROPRIATION...................................... $ 28,477,200 $ 28,477,200
Appropriated from:
Interdepartmental grant revenues:
IDG from other restricted funding........................ 932,900 932,900
Special revenue funds:
Other state restricted revenues.......................... 16,076,400 16,076,400
State general fund/general purpose....................... $ 11,467,900 $ 11,467,900
Sec. 18-110. ONE-TIME APPROPRIATIONS
Drinking water declaration of emergency.................. $ 100 $ 0
Michigan civilian cyber corps............................ 420,000 0
GROSS APPROPRIATION...................................... $ 420,100 $ 0
Appropriated from:
Special revenue funds:
Other state restricted revenues.......................... 420,100 0
State general fund/general purpose....................... $ 0 $ 0
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
FISCAL YEAR 2019
GENERAL SECTIONS
Sec. 18-201. Pursuant to section 30 of article IX of the state constitution of
1963, total state spending from state resources under part 1 for the fiscal year 2019
is $601,223,200.00 and state spending from state resources to be paid to local units
of government for fiscal year 2019 is $4,000,000.00. The itemized statement below
identifies appropriations from which spending to local units of government will occur:
DEPARTMENT OF TECHNOLOGY, MANAGEMENT AND BUDGET
Regional prosperity grants.............................................. $ 4,000,000
TOTAL..................................................................... $ 4,000,000
Sec. 18-202. The appropriations authorized under this article are subject to the
management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594.
Sec. 18-203. As used in this article:
(a) "COBRA" means the consolidated omnibus budget reconciliation act of 1985,
Public Law 99-272, 100 Stat 82.
(b) "Department" means the department of technology, management and budget.
(c) "Director" means the director of the department.
(d) "FTE" means full-time equated.
(e) "IDG" means interdepartmental grant.
(f) "JCOS" means the joint capital outlay subcommittee.
(g) "SIGMA" means statewide integrated governmental management applications.
(h) "State building authority" means the authority created under 1964 PA 183, MCL
830.411 to 830.425.
Sec. 18-204. The departments and agencies receiving appropriations in part 1
shall use the Internet to fulfill the reporting requirements of this article. This
requirement may include transmission of reports via electronic mail to the recipients
identified for each reporting requirement, or it may include placement of reports on
an Internet or Intranet site.
Sec. 18-205. Funds appropriated in part 1 shall not be used for the purchase of
foreign goods or services, or both, if competitively priced and of comparable quality
American goods or services, or both, are available. Preference shall be given to goods
or services, or both, manufactured or provided by Michigan businesses, if they are
competitively priced and of comparable quality. In addition, preference should be
given to goods or services, or both, that are manufactured or provided by Michigan
businesses owned and operated by veterans, if they are competitively priced and of
comparable quality.
Sec. 18-207. The departments and agencies receiving appropriations in part 1
shall prepare a report on out-of-state travel expenses not later than January 1 of
each year. The travel report shall be a listing of all travel by classified and
unclassified employees outside this state in the immediately preceding fiscal year
that was funded in whole or in part with funds appropriated in the department's
budget. The report shall be submitted to the senate and house appropriations
committees, the house and senate fiscal agencies, and the state budget director. The
report shall include the following information:
(a) The dates of each travel occurrence.
(b) The transportation and related costs of each travel occurrence, including the
proportion funded with state general fund/general purpose revenues, the proportion
funded with state restricted revenues, the proportion funded with federal revenues,
and the proportion funded with other revenues.
Sec. 18-208. Funds appropriated in part 1 shall not be used by a principal
executive department, state agency, or authority to hire a person to provide legal
services that are the responsibility of the attorney general. This prohibition does
not apply to legal services for bonding activities and for those outside services that
the attorney general authorizes.
Sec. 18-209. Not later than November 30, the state budget office shall prepare
and transmit a report that provides for estimates of the total general fund/general
purpose appropriation lapses at the close of the prior fiscal year. This report shall
summarize the projected year-end general fund/general purpose appropriation lapses by
major departmental program or program areas. The report shall be transmitted to the
chairpersons of the senate and house appropriations committees and the senate and
house fiscal agencies.
Sec. 18-210. (1) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $4,000,000.00 for federal contingency funds.
These funds are not available for expenditure until they have been transferred to
another line item in this article under section 393(2) of the management and budget
act, 1984 PA 431, MCL 18.1393.
(2) In addition to the funds appropriated in part 1, there is appropriated an
amount not to exceed $8,000,000.00 for state restricted contingency funds. These funds
are not available for expenditure until they have been transferred to another line
item in this article under section 393(2) of the management and budget act, 1984 PA
431, MCL 18.1393.
(3) In addition to the funds appropriated in part 1, there is appropriated an
amount not to exceed $150,000.00 for local contingency funds. These funds are not
available for expenditure until they have been transferred to another line item in
this article under section 393(2) of the management and budget act, 1984 PA 431, MCL
18.1393.
(4) In addition to the funds appropriated in part 1, there is appropriated an
amount not to exceed $100,000.00 for private contingency funds. These funds are not
available for expenditure until they have been transferred to another line item in
this article under section 393(2) of the management and budget act, 1984 PA 431, MCL
18.1393.
Sec. 18-211. The department shall maintain a searchable website accessible by the
public at no cost that includes, but is not limited to, all of the following for each
department or agency:
(a) Fiscal year-to-date expenditures by category.
(b) Fiscal year-to-date expenditures by appropriation unit.
(c) Fiscal year-to-date payments to a selected vendor, including the vendor name,
payment date, payment amount, and payment description.
(d) The number of active department employees by job classification.
(e) Job specifications and wage rates.
Sec. 18-212. Within 14 days after the release of the executive budget
recommendation, the department shall cooperate with the state budget office to provide
the senate and house appropriations chairs, the senate and house appropriations
subcommittees chairs, and the senate and house fiscal agencies with an annual report
on estimated state restricted fund balances, state restricted fund projected revenues,
and state restricted fund expenditures for the fiscal years ending September 30, 2018
and September 30, 2019.
Sec. 18-213. The department shall maintain, on a publicly accessible website, a
department scorecard that identifies, tracks and regularly updates key metrics that
are used to monitor and improve the department's performance.
Sec. 18-214. Total authorized appropriations from all sources under part 1 for
legacy costs for the fiscal year ending September 30, 2019 are estimated at
$85,199,900.00. From this amount, total agency appropriations for pension-related
legacy costs are estimated at $39,278,600.00. Total agency appropriations for retiree
health care legacy costs are estimated at $45,921,300.00.
Sec. 18-215. In addition to the general fund/general purpose appropriations for
special maintenance, remodeling, and additions for state agencies in part 1, there is
also appropriated related federal and state restricted funds up to the amounts that
will be earned based upon the initiatives undertaken with the funds in part 1. The
state budget director shall determine and authorize the appropriate manner for
implementing this section. The department shall notify the senate and house general
government appropriations subcommittees and any other relevant senate and house
appropriations subcommittee within 10 days of effectuating appropriations under this
section.
Sec. 18-216. In addition to the general fund/general purpose appropriations for
enterprisewide information technology investments in part 1, there is also
appropriated related federal and state restricted funds up to the amounts that will be
earned based upon the initiatives undertaken with the funds in part 1. The state
budget director shall determine and authorize the appropriate manner for implementing
this section. The department shall notify the senate and house general government
appropriations subcommittees and any other relevant senate and house appropriations
subcommittee within 10 days of effectuating appropriations under this section.
DEPARTMENT OF TECHNOLOGY, MANAGEMENT AND BUDGET
Sec. 18-802. Proceeds in excess of necessary costs incurred in the conduct of
transfers or auctions of state surplus, salvage, or scrap property made pursuant to
section 267 of the management and budget act, 1984 PA 431, MCL 18.1267, are
appropriated to the department to offset costs incurred in the acquisition and
distribution of federal surplus property. The department shall provide consolidated
Internet auction services through the state's contractors for all local units of
government.
Sec. 18-803. (1) The department may receive and expend funds in addition to those
authorized by part 1 for maintenance and operation services provided specifically to
other principal executive departments or state agencies, the legislative branch, the
judicial branch, or private tenants, or provided in connection with facilities
transferred to the operational jurisdiction of the department.
(2) The department may receive and expend funds in addition to those authorized
by part 1 for real estate, architectural, design, and engineering services provided
specifically to other principal executive departments or state agencies, the
legislative branch, the judicial branch, or private tenants.
(3) The department may receive and expend funds in addition to those authorized
in part 1 for mail pickup and delivery services provided specifically to other
principal executive departments and state agencies, the legislative branch, or the
judicial branch.
(4) The department may receive and expend funds in addition to those authorized
in part 1 for purchasing services provided specifically to other principal executive
departments and state agencies, the legislative branch, or the judicial branch.
Sec. 18-804. (1) The source of financing in part 1 for statewide appropriations
shall be funded by assessments against longevity and insurance appropriations
throughout state government in a manner prescribed by the department. Funds shall be
used as specified in joint labor/management agreements or through the coordinated
compensation hearings process. Any deposits made under this subsection and any
unencumbered funds are restricted revenues, may be carried over into the succeeding
fiscal years, and are appropriated.
(2) In addition to the funds appropriated in part 1 for statewide appropriations,
the department may receive and expend funds in such additional amounts as may be
specified in joint labor/management agreements or through the coordinated compensation
hearings process in the same manner and subject to the same conditions as prescribed
in subsection (1).
Sec. 18-805. To the extent a specific appropriation is required for a detailed
source of financing included in part 1 for the department appropriations financed from
special revenue and internal service and pension trust funds, or SIGMA user charges,
the specific amounts are appropriated within the special revenue internal service and
pension trust funds in portions not to exceed the aggregate amount appropriated in
part 1.
Sec. 18-806. In addition to the funds appropriated in part 1 to the department,
the department may receive and expend funds from other principal executive departments
and state agencies to implement administrative leave bank transfer provisions as may
be specified in joint labor/management agreements. The amounts may also be transferred
to other principal executive departments and state agencies under the joint agreement
and any amounts transferred under the joint agreement are authorized for receipt and
expenditure by the receiving principal executive department or state agency. Any
amounts received by the department under this section and intended, under the joint
labor/management agreements, to be available for use beyond the close of the fiscal
year and any unencumbered funds may be carried over into the succeeding fiscal year.
Sec. 18-807. The source of financing in part 1 for SIGMA shall be funded by
proportionate charges assessed against the respective state funds benefiting from this
project in the amounts determined by the department.
Sec. 18-808. (1) Deposits against the interdepartmental grant from building
occupancy and parking charges appropriated in part 1 shall be collected, in part, from
state agencies, the legislative branch, and the judicial branch based on estimated
costs associated with maintenance and operation of buildings managed by the
department. To the extent excess revenues are collected due to estimates of building
occupancy charges exceeding actual costs, the excess revenues may be carried forward
into succeeding fiscal years for the purpose of returning funds to state agencies.
(2) Appropriations in part 1 to the department, for management and budget
services from building occupancy charges and parking charges, may be increased to
return excess revenue collected to state agencies.
Sec. 18-809. On a quarterly basis, the department shall notify the chairpersons
of the senate and house of representatives standing committees on appropriations, the
chairpersons of the senate and house of representatives standing committees on
appropriations subcommittees on general government, the house and senate fiscal
agencies, and the state budget director on any revisions either individually or in the
aggregate that increase or decrease current contracts by more than $500,000.00 for
computer software development, hardware acquisition, or quality assurance.
Sec. 18-810. The department 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. This
information must appear on the first page of each department or state agency
dashboard. 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. 18-811. The department may receive and expend funds from the Vietnam
veterans memorial monument fund as provided in the Michigan Vietnam veterans memorial
act, 1988 PA 234, MCL 35.1051 to 35.1057. Funds are appropriated and allocated when
received and may be expended upon receipt.
Sec. 18-812. The Michigan veterans' memorial park commission may receive and
expend money from any source, public or private, including, but not limited to, gifts,
grants, donations of money, and government appropriations, for the purposes described
in Executive Order No. 2001-10. Funds are appropriated and allocated when received and
may be expended upon receipt. Any deposits made under this section and unencumbered
funds are restricted revenues and may be carried over into succeeding fiscal years.
Sec. 18-813. (1) Funds in part 1 for motor vehicle fleet are appropriated to the
department for administration and for the acquisition, lease, operation, maintenance,
repair, replacement, and disposal of state motor vehicles.
(2) The appropriation in part 1 for motor vehicle fleet shall be funded by
revenue from rates charged to principal executive departments and agencies for
utilizing vehicle travel services provided by the department. Revenue in excess of the
amount appropriated in part 1 from the motor transport fund and any unencumbered funds
are restricted revenues and may be carried over into the succeeding fiscal year.
(3) Pursuant to the department 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. The plan shall also be posted on the
department website.
(4) The department may charge state agencies for fuel cost increases that exceed
$3.04 per gallon of unleaded gasoline. The department shall notify state agencies, in
writing or by electronic mail, at least 30 days before implementing additional charges
for fuel cost increases. Revenues received from these charges are appropriated upon
receipt.
(5) The state budget director, upon notification to the senate and house of
representatives standing committees on appropriations, may adjust spending
authorization and the IDG from motor transport fund in the department in order to
ensure that the appropriations for motor vehicle fleet in the department budget equal
the expenditures for motor vehicle fleet in the budgets for all executive branch
agencies.
Sec. 18-814. The department shall develop a plan regarding the use of the funds
appropriated in part 1 for the information technology investment fund. The plan shall
include, but not be limited to, a description of proposed information technology
investment projects, the time frame for completion of the information technology
investment projects, the proposed cost of the information technology investment
projects, the number of employees assigned to implement each information technology
investment project, the contracts entered into for each information technology
investment project, and any other information the department deems necessary. The plan
shall be distributed to the senate and house of representatives standing committees on
appropriations subcommittees on general government, as well as the senate and house
fiscal agencies, and the state budget director on a quarterly basis. The submitted
plan shall also include anticipated spending reductions or overages for each of the
proposed information technology investment projects. The department shall notify the
senate and house of representatives standing committees on appropriations
subcommittees on general government, the senate and house fiscal agencies, and the
state budget director when a project funded under an information technology investment
project line item in part 1 is expected to require a transfer of dollars from another
project in excess of $500,000.00.
Sec. 18-814a. The funds appropriated in part 1 for information technology
investment fund shall be used for the modernization of state information technology
systems, improvement of the state's cyber security framework, and to achieve
efficiencies.
Sec. 18-816. A request for proposal issued for the purpose of privatization shall
include all factors used in evaluating and determining price.
Sec. 18-818. In addition to the funds appropriated in part 1, the department may
receive and expend money from the Michigan law enforcement officers memorial monument
fund as provided in the Michigan law enforcement officers memorial act, 2004 PA 177,
MCL 28.781 to 28.787.
Sec. 18-820. The department shall make available to the public a list of all
parcels of real property owned by the state that are available for purchase. The list
shall be posted on the Internet through the department's website.
Sec. 18-822b. (1) A public-private partnership investment fund is created in the
department. Subject to subsections (2) and (3), public-private partnership investments
shall include, but are not limited to, all of the following:
(a) Capital asset improvements including buildings, land, or structures.
(b) Energy resource exploration, extraction, generation, and sales.
(c) Financial and investment incentive opportunities.
(d) Infrastructure construction, maintenance, and operation.
(e) Public-private sector joint ventures that provide economic benefit to an area
or to the state.
(2) Public-private investments shall not include projects, consultant expenses,
staff effort, or any other activity related to the development, financing,
construction, operation, or implementation of the Detroit River International Crossing
or any successor project unless the project is approved by the legislature and signed
into law.
(3) The state budget director shall determine whether or not a specific public-
private partnership investment opportunity qualifies for funding under subsection (1).
(4) Investment development revenue, including a portion of the proceeds from the
sale of any public-private partnership investment designated in subsection (1), shall
be deposited into the fund created in subsection (1) and shall be available for
administration, development, financing, marketing, and operating expenditures
associated with public-private partnerships, unless otherwise provided by law. Public-
private partnership investments authorized in subsection (1) are authorized for public
or private operation or sale consistent with state law. Expenditures from the fund are
authorized for investment purposes as designated in subsection (1) to enhance the
marketable value of each investment. The unencumbered balance remaining in the fund at
the end of the fiscal year may be carried forward for appropriation in future years.
(5) An annual report shall be transmitted to the senate and house of
representatives standing committees on appropriations, the chairpersons of the
relevant appropriations subcommittees, the senate and house fiscal agencies, and the
state budget director not later than December 31 of each year. This report shall
detail both of the following:
(a) The revenue and expenditure activity in the fund for the preceding fiscal
year.
(b) Public-private partnership investments as identified under subsection (1).
(6) The department shall monitor the revenue deposited in the public-private
partnership investment fund created in subsection (1). If the revenue in the fund is
insufficient to pay the amount appropriated in part 1 for public-private partnership
investment, then the department shall propose a legislative transfer to fund the line
from the appropriations in part 1.
Sec. 18-822c. The funds appropriated in part 1 shall not be used to support any
staff effort, projects, consultant expenses, or any other activity related to the
development, financing, construction, operation, or implementation of the Detroit
River International Crossing or any successor project unless the project is approved
by the legislature and signed into law.
Sec. 18-822f. (1) The funds appropriated in part 1 for the regional prosperity
initiative are to be used as competitive grants to eligible regional planning
organizations qualifying for funding as a regional prosperity collaborative, a
regional prosperity council, or a regional prosperity board. A regional planning
organization may not qualify for funding under more than 1 category in the same state
fiscal year. As used in this section:
(a) "Eligible regional planning organization" means any of the following:
(i) An existing regional planning commission created pursuant to 1945 PA 281, MCL
125.11 to 125.25.
(ii) An existing regional economic development commission created pursuant to
1966 PA 46, MCL 125.1231 to 125.1237.
(iii) An existing metropolitan area council formed pursuant to the metropolitan
councils act, 1989 PA 292, MCL 124.651 to 124.729.
(iv) A Michigan metropolitan planning organization established pursuant to the
moving ahead for progress in the 21st century act, Public Law 112-141.
(b) "Freedom of Information Act" means the freedom of information act, 5 USC 552.
(c) "Open meetings act" means the open meetings act, 1976 PA 267, MCL 15.261 to
15.275.
(d) "Regional prosperity board" means a regional body that has a singular
governing board with representation from private, public, and nonprofit entities
engaged in joint decision-making practices for the purpose of creating or maintaining
a phase three: regional prosperity plan.
(e) "Regional prosperity collaborative" means any committee developed by a
regional planning organization or a metropolitan planning organization that serves to
bring organizational representation together from private, public, and nonprofit
entities within a region for the purpose of creating or maintaining a phase one:
regional prosperity plan.
(f) "Regional prosperity council" means a regional body with representation from
private, public, and nonprofit entities with shared administrative services and an
executive governing entity, as demonstrated by a formal local agreement or agreements
for the purpose of creating or maintaining a phase two: regional prosperity plan.
(2) Regional planning organizations may qualify to receive not more than
$245,000.00 of incentive-based funding as a regional prosperity collaborative subject
to meeting all of the following requirements:
(a) The regional prosperity collaborative has created a phase one: regional
prosperity plan, as follows:
(i) The regional prosperity collaborative must include regional representatives
from adult education, workforce development, community development, economic
development, transportation, and higher education organizations.
(ii) The plan is required, at a minimum, to include a 5-year plan focused on
economic growth and vitality for the region, as well as a performance dashboard and
measurable annual goals to support the 5-year plan.
(iii) The 5-year plan shall address regional strategies related to adult
education, workforce development, economic development, transportation, higher
education, and business development.
(iv) The regional prosperity collaborative shall adopt the plan by a minimum 2/3
majority vote of its members.
(b) The regional prosperity collaborative adheres to accountability and
transparency measures required in the open meetings act and the freedom of information
act.
(c) The regional prosperity collaborative convenes monthly meetings, open to the
public, to consider and discuss issues leading to a common vision of economic
prosperity for the region, including, but not limited to, community development,
economic development, talent, and infrastructure opportunities.
(d) The regional prosperity collaborative makes available on the grant
recipient's publicly accessible Internet site pertinent documents, including, but not
limited to, monthly meeting agendas, minutes of monthly meetings, voting records, and
the regional prosperity plan and performance dashboard.
(e) The regional prosperity collaborative keeps a status report detailing the
spending associated with previous regional prosperity initiative grants. Organizations
that have successfully received grant awards in previous fiscal years shall be
required to make available to the department and on a publicly accessible Internet
site information regarding the use of those grant dollars.
(3) Regional planning organizations eligible to receive a payment as a regional
prosperity collaborative under subsection (2) may qualify to receive a 1-time grant of
not more than $70,000.00 to produce a plan to transform the regional prosperity
collaborative into a regional prosperity council or regional prosperity board,
including necessary local formal agreements, to make recommendations that eliminate
duplicative efforts and administrative functions, and to leverage resources through
cooperation, collaboration, and consolidations of organizations or programs throughout
the region. Plans produced to transform the regional prosperity collaborative into a
regional prosperity council or regional prosperity board shall be made available on
the grant recipient's publicly accessible internet site. The regional prosperity
collaborative may apply instead to use up to $70,000 of the 1-time grant for
integrated asset management under guidance from the Michigan Infrastructure Council in
the Michigan Department of Treasury. The regional prosperity collaborative may not
apply for funds under both the transformation grant and the integrated asset
management grant.
(4) Regional planning organizations may qualify to receive not more than
$340,000.00 of incentive-based funding as a regional prosperity council subject to
meeting all of the following requirements:
(a) A regional prosperity council has been formed and includes regional
representatives from adult education, workforce development, community development,
economic development, transportation, and higher education organizations.
(b) An eligible regional prosperity council will demonstrate shared
administrative services between 2 public regional entities included in subdivision
(a). In addition, the council must have and maintain an executive governing entity, as
demonstrated by a formal local agreement or agreements.
(c) The regional prosperity council has created a phase two: regional prosperity
plan, as follows:
(i) The regional prosperity council shall identify opportunities for shared
administrative services and decision-making among the private, public, and nonprofit
entities within the region and shall continue collaboration with regional prosperity
council members, including, but not limited to, representatives from adult education
providers, workforce development agencies, community development agencies, economic
development agencies, transportation service providers, and higher education
institutions.
(ii) The plan is required to include, but is not limited to, all of the
following:
(A) A status report of the approved 5-year plan.
(B) The addition of a 10-year plan for the region which builds upon prior work
and is focused on economic growth and vitality in the region.
(C) A prioritized list of regional projects.
(D) A performance dashboard with measurable annual goals.
(iii) The regional prosperity council shall adopt the plan by a minimum 2/3 vote
of its members.
(d) The regional prosperity council adheres to accountability and transparency
measures required in the open meetings act and the freedom of information act.
(e) The regional prosperity council convenes monthly meetings, open to the
public, to consider and discuss issues leading to a common vision of economic
prosperity for the region, including, but not limited to, community development,
economic development, talent, and infrastructure opportunities.
(f) The regional prosperity council makes available on the grant recipient's
publicly accessible internet site pertinent documents, including, but not limited to,
monthly meeting agendas, minutes of monthly meetings, voting records, and the regional
prosperity plan and performance dashboard.
(g) The regional prosperity council keeps a status report detailing the spending
associated with previous regional prosperity initiative grants. Organizations that
have successfully received grant awards in previous fiscal years shall be required to
make available to the department and on a publicly accessible internet site
information regarding the use of those grant dollars.
(5) Regional planning organizations eligible to receive a payment as a regional
prosperity council under subsection (4) may qualify to receive a 1-time grant of not
more than $70,000.00 to produce a plan to transform the regional prosperity council
into a regional prosperity board, including a singular private/public governance
structure that comports with federal guidelines for governance under the workforce
investment act, Public Law 105-220, the moving ahead for progress in the 21st century
act, Public Law 112-141, the economic development administration and Appalachian
regional development reform act of 1998, Public Law 105-393, and recommendations to
eliminate duplicative efforts, administrative functions, and leverage resources
through cooperation, collaboration, and consolidations of organizations or programs
throughout the region. The regional prosperity council may apply instead to use up to
$70,000.00 of the 1-time grant for integrated asset management under guidance from the
Michigan Infrastructure Council in the Michigan Department of Treasury. The regional
prosperity council may not apply for funds under both the transformation grant and the
integrated asset management grant.
(6) Regional planning organizations may qualify to receive not more than
$445,000.00 of incentive-based funding as a regional prosperity board subject to
meeting all of the following requirements:
(a) The regional prosperity board has been formed and at a minimum, must
demonstrate the consolidation of a regional metropolitan planning organization, where
one exists, state designated regional planning agency boards, workforce development
boards, and federally designated regional economic development districts within a
region.
(b) The regional prosperity board has created a phase three: regional prosperity
plan, as follows:
(i) The regional prosperity board shall create a regional services
recommendations report prioritizing the list of state-funded services and programs
provided to the region, and recommendations for state-regional partnerships to support
the adopted regional prosperity plan.
(ii) The plan is required to include a status report of the approved 10-year plan
for the creation of an updated regional prosperity plan.
(iii) The regional prosperity board shall adopt the plan by a minimum 2/3 vote of
its members.
(c) The regional prosperity board adheres to accountability and transparency
measures required in the open meetings act and the freedom of information act.
(d) The regional prosperity board convenes monthly meetings, open to the public,
to consider and discuss issues leading to a common vision of economic prosperity for
the region, including, but not limited to, community development, economic
development, talent, and infrastructure opportunities.
(e) The regional prosperity board makes available on the grant recipient's
publicly accessible internet site pertinent documents, including, but not limited to,
monthly meeting agendas, minutes of monthly meetings, voting records, and the regional
prosperity plan and performance dashboard. The regional prosperity board may apply
instead to use up to $70,000.00 of the 1-time grant for integrated asset management
under guidance from the Michigan Infrastructure Council in the Michigan Department of
Treasury. The regional prosperity board may not apply for funds under both the
transformation grant and the integrated asset management grant.
(7) Regional planning organizations eligible to receive a payment as a regional
prosperity board under subsection (6) may qualify to receive not more than
$125,000.00, to implement the prioritized regional prosperity plan projects.
(8) Regional planning organizations eligible to receive a payment as a regional
prosperity collaborative, board, or council may partner with other eligible regional
planning organizations to submit joint applications. In the instance of a joint
application, 1 regional planning organization shall be utilized as the overall
applicant. The department may award a joint application award of no greater than the
sum of potential application dollars which would have otherwise been available through
individual applications.
(9) The department shall develop an application process and method of grant
distribution for the regional prosperity initiative. Funding applications from
regional planning organizations shall be due to the department by November 26, 2018.
The department shall notify regional planning organizations of grant application
status by December 31, 2018. The department shall ensure that processes are
established to verify that qualifying regional planning organizations meet the
requirements under subsections (2), (3), (4), (5), (6), and (7), as applicable.
(10) The unexpended funds appropriated in part 1 for the regional prosperity
initiative are designated as work project appropriations, and any unencumbered or
unallotted funds shall not lapse at the end of the fiscal year and shall be available
for expenditures for projects under this section until the projects have been
completed. The following is in compliance with section 451a of the management and
budget act, 1984 PA 431, MCL 18.1451a:
(a) The purpose of the projects is to provide incentive-based grants to
recipients under this section.
(b) The projects will be accomplished by grants to qualified regional planning
organizations.
(c) The total estimated cost of all projects is $3,970,000.00.
(d) The estimated completion date is September 30, 2023.
(11) The department shall dedicate 0.3 FTEs with $30,000.00 to manage the
evaluation of regional prosperity initiative, departmental implementation of the
regional prosperity initiative and grant management.
Sec. 18-822g. The department shall report quarterly to the senate and house of
representatives standing committees on appropriations, the senate and house
appropriations subcommittees on general government, and the senate and house fiscal
agencies on legal service fund expenditures. The report shall itemize expenditures by
case, purpose, and department involved and shall include expenditures related to all
previously appropriated funds.
INFORMATION TECHNOLOGY
Sec. 18-823. (1) The department may sell and accept paid advertising for
placement on any state website under its jurisdiction. The department shall review and
approve the content of each advertisement. The department may refuse to accept
advertising from any person or organization or require modification to advertisements
based upon criteria determined by the department. Revenue received under this
subsection shall be used for operating costs of the department and for future
technology enhancements to state of Michigan e-government initiatives. Funds received
under this subsection shall be limited to $250,000.00. Any funds in excess of
$250,000.00 shall be deposited in the state general fund.
(2) The department may accept gifts, donations, contributions, bequests, and
grants of money from any public or private source to assist with the underwriting or
sponsorship of state webpages or services offered on those webpages. A private or
public funding source may receive recognition in the webpage. The department may
reject any gift, donation, contribution, bequest, or grant.
(3) Funds accepted by the department under subsection (1) or (2) are appropriated
and allotted when received and may be expended upon approval of the state budget
director. The state budget office shall notify the senate and house of representatives
standing committees on appropriations subcommittees on general government and the
senate and house fiscal agencies within 10 days after the approval is given. The
department shall provide a report to the senate and house of representatives
appropriations subcommittees on general government and senate and house fiscal
agencies that details the funds accepted for the prior fiscal year by November 1.
Sec. 18-824. The department may enter into agreements to supply spatial
information and technical services to other principal executive departments, state
agencies, local units of government, and other organizations. The department may
receive and expend funds in addition to those authorized in part 1 for providing
information and technical services, publications, maps, and other products. The
department may expend amounts received for salaries, supplies, and equipment necessary
to provide informational products and technical services.
Sec. 18-825. The legislature shall have access to all historical and current data
contained within SIGMA, or its predecessor, pertaining to state departments. State
departments shall have access to all historical and current data contained within
SIGMA, or its predecessor.
Sec. 18-826. When used in this part and part 1, "information technology services"
means services involving all aspects of managing and processing information,
including, but not limited to, all of the following:
(a) Application and mobile development and maintenance.
(b) Desktop computer support and management.
(c) Cyber security.
(d) Social media.
(e) Mainframe computer support and management.
(f) Server support and management.
(g) Local area network support and management, including, but not limited to,
wired and wireless network build-out, support, and management.
(h) Information technology project management.
(i) Information technology planning and budget management.
(j) Telecommunication services, infrastructure, and support.
Sec. 18-827. (1) Funds appropriated in part 1 for the Michigan public safety
communications system shall be expended upon approval of an expenditure plan by the
state budget director.
(2) The department shall assess all subscribers of the Michigan public safety
communications system reasonable access and maintenance fees and shall deposit the
fees in the Michigan public safety communications systems fees fund.
(3) All money received by the department under this section shall be expended for
the support and maintenance of the Michigan public safety communications system.
Sec. 18-833. (1) The state budget director, upon notification to the senate and
house of representatives standing committees on appropriations, may adjust spending
authorization and user fees in the department in order to ensure that the
appropriations for information technology in the department budget equal the
appropriations for information technology in the budgets for all executive branch
agencies.
(2) If during the course of the fiscal year a transfer or supplemental to or from
the information technology line item within an agency budget is made under section 393
of the management and budget act, 1984 PA 431, MCL 18.1393, there is appropriated an
equal amount of user fees in the department to accommodate an increase or decrease in
spending authorization.
Sec. 18-834. (1) Revenue collected from licenses issued under the antenna site
management project shall be deposited into the antenna site management revolving fund
created for this purpose in the department. The department may receive and expend
money from the fund for costs associated with the antenna site management project,
including the cost of a third-party site manager. Any excess revenue remaining in the
fund at the close of the fiscal year shall be proportionately transferred to the
appropriate state restricted funds as designated in statute or by constitution.
(2) An antenna shall not be placed on any site pursuant to this section without
complying with the respective local zoning codes and local unit of government
processes.
Sec. 18-835. (1) In addition to the funds appropriated in part 1, the funds
collected by the department for supplying census-related information and technical
services, publications, statistical studies, population projections and estimates, and
other demographic products are appropriated for all expenses necessary to provide the
required services. These funds are available for expenditure when they are received
and may be carried forward into the next succeeding fiscal year.
(2) The department must submit a report to the house and senate appropriations
subcommittees on general government, the senate and house fiscal agencies, and the
state budget director by March 1 that provides the amount of revenue collected by the
department from the authorization in subsection (1) and the amount of revenue carried
forward.
Sec. 18-836. From the increased funds appropriated in part 1 for the information
technology investment fund, the department shall provide for the modernization of
state information technology systems, and integrate state system interfaces to improve
customer service.
Sec. 18-840. From the funds appropriated in part 1 for enterprise portfolio
management, the department shall identify specific outcomes and performance measures
including, but not limited to, the following:
(a) Implement enhanced IT project management service delivery through statewide
application of best practice models and services.
(b) Collaborate with state agencies to bring all project management/project
control office contracts under the enterprise portfolio management office.
(c) Initiate steps to improve the state unified information technology
environment (SUITE) compliance rating.
STATE BUILDING AUTHORITY RENT
Sec. 18-842. (1) The state building authority rent appropriations in part 1 may
also be expended for the payment of required premiums for insurance on facilities
owned by the state building authority or payment of costs that may be incurred as the
result of any deductible provisions in such insurance policies.
(2) If the amount appropriated in part 1 for state building authority rent is not
sufficient to pay the rent obligations and insurance premiums and deductibles
identified in subsection (1) for state building authority projects, there is
appropriated from the general fund of the state the amount necessary to pay such
obligations.
CIVIL SERVICE COMMISSION
Sec. 18-850. (1) In accordance with section 5 of article XI of the state
constitution of 1963, all restricted funds shall be assessed a sum not less than 1% of
the total aggregate payroll paid from those funds for financing the civil service
commission on the basis of actual 1% restricted sources total aggregate payroll of the
classified service for the preceding fiscal year. This includes, but is not limited
to, restricted funds appropriated in part 1 of any appropriations act. Unexpended 1%
appropriated funds shall be returned to each 1% fund source at the end of the fiscal
year.
(2) The appropriations in part 1 are estimates of actual charges based on payroll
appropriations. With the approval of the state budget director, the commission is
authorized to adjust financing sources for civil service charges based on actual
payroll expenditures, provided that such adjustments do not increase the total
appropriation for the civil service commission.
(3) The financing from restricted sources shall be credited to the civil service
commission by the end of the second fiscal quarter.
Sec. 18-851. Except where specifically appropriated for this purpose, financing
from restricted sources shall be credited to the civil service commission. For
restricted sources of funding within the general fund that have the legislative
authority for carryover, if current spending authorization or revenues are
insufficient to accept the charge, the shortage shall be taken from carryforward
balances of that funding source. Restricted revenue sources that do not have
carryforward authority shall be utilized to satisfy commission operating deducts first
and civil service obligations second. General fund dollars are appropriated for any
shortfall, pursuant to approval by the state budget director.
Sec. 18-852. The appropriation in part 1 to the civil service commission, for
state-sponsored group insurance, flexible spending accounts, and COBRA, represents
amounts, in part, included within the various appropriations throughout state
government for the current fiscal year to fund the flexible spending account program
included within the civil service commission. Deposits against state-sponsored group
insurance, flexible spending accounts, and COBRA for the flexible spending account
program shall be made from assessments levied during the current fiscal year in a
manner prescribed by the civil service commission. Unspent employee contributions to
the flexible spending accounts may be used to offset administrative costs for the
flexible spending account program, with any remaining balance of unspent employee
contributions to be lapsed to the general fund.
CAPITAL OUTLAY
Sec. 18-860. As used in sections 861 through 867 of this part:
(a) "Board" means the state administrative board.
(b) "Community college" means a community college organized under the community
college act of 1966, 1966 PA 331, MCL 389.1 to 389.195, or under part 25 of the
revised school code, 1976 PA 451, MCL 380.1601 to 380.1607, and does not include a
state agency or university.
(c) "University" means a 4-year university supported by the state. University
does not include a community college or a state agency.
Sec. 18-861. Each capital outlay project authorized in this part and part 1 or
any previous capital outlay act shall comply with the procedures required by the
management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594.
Sec. 18-862. (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. 18-864. The appropriations in part 1 for capital outlay shall be carried
forward at the end of the fiscal year consistent with the provisions of section 248 of
the management and budget act, 1984 PA 431, MCL 18.1248.
Sec. 18-865. (1) A site preparation economic development fund is created in the
department. As used in this section, "economic development sites" means those state-
owned sites declared as surplus property pursuant to section 251 of the management and
budget act, 1984 PA 431, MCL 18.1251, that would provide economic benefit to the area
or to the state. The Michigan economic development corporation board and the state
budget director shall determine whether or not a specific state-owned site qualifies
for inclusion in the fund created under this subsection.
(2) Proceeds from the sale of any sites designated in subsection (1) shall be
deposited into the fund created in subsection (1) and shall be available for site
preparation expenditures, unless otherwise provided by law. The economic development
sites authorized in subsection (1) are authorized for sale consistent with state law.
Expenditures from the fund are authorized for site preparation activities that enhance
the marketable sale value of the sites. Site preparation activities include, but are
not limited to, demolition, environmental studies and abatement, utility enhancement,
and site excavation.
(3) A cash advance in an amount of not more than $25,000,000.00 is authorized
from the general fund to the site preparation economic development fund.
(4) An annual report shall be transmitted to the senate and house of
representatives standing committees on appropriations not later than December 31 of
each year. This report shall detail both of the following:
(a) The revenue and expenditure activity in the fund for the preceding fiscal
year.
(b) The sites identified as economic development sites under subsection (1).
Sec. 18-867. Proceeds from the sale of the farnum building shall be subsequently
appropriated to the department in accordance with any legislation enacted that
authorizes the sale of that property. If the net proceeds from the sale of the farnum
building are less than the $7,000,000.00 authorized for senate relocation costs in
section 896 of article VIII of 2014 PA 252, an amount equal to the difference between
the net sale proceeds and $7,000,000.00 shall be appropriated by the legislature to
the department.
CAPITAL OUTLAY - UNIVERSITIES AND COMMUNITY COLLEGES
Sec. 18-873. (1) This section applies only to projects for community colleges.
(2) State support is directed towards the remodeling and additions, special
maintenance, or construction of certain community college buildings. The community
college shall obtain or provide for site acquisition and initial main utility
installation to operate the facility. Funding shall be composed of local and state
shares and not more than 50% of a capital outlay project, not including a lump-sum
special maintenance project or remodeling and addition project, for a community
college shall be appropriated from state and federal funds, unless otherwise
appropriated by the legislature.
(3) An expenditure under this part and part 1 is authorized when the release of
the appropriation is approved by the board upon the recommendation of the director.
The director may recommend to the board the release of any appropriation in part 1
only after the director is assured that the legal entity operating the community
college to which the appropriation is made has complied with this part and part 1 and
has matched the amounts appropriated as required by this part and part 1. A release of
funds in part 1 shall not exceed 50% of the total cost of planning and construction of
any project, not including lump-sum remodeling and additions and special maintenance,
unless otherwise appropriated by the legislature. Further planning and construction of
a project authorized by this part and part 1 or applicable sections of the management
and budget act, 1984 PA 431, MCL 18.1101 to 18.1594, shall be in accordance with the
purpose and scope as defined and delineated in the approved program statements and
planning documents. This part and part 1 are applicable to all projects for which
planning appropriations were made in previous acts.
(4) The community college shall take the steps necessary to secure available
federal construction and equipment money for projects funded for construction in this
part and part 1 if an application was not previously made. If there is a reasonable
expectation that a prior year unfunded application may receive federal money in a
subsequent year, the college shall take whatever action necessary to keep the
application active.
Sec. 18-874. If university and community college matching revenues are received
in an amount less than the appropriations for capital projects contained in this part
and part 1, the state funds shall be reduced in proportion to the amount of matching
revenue received.
Sec. 18-875. (1) The director may require that community colleges and
universities that have an authorized project listed in part 1 submit documentation
regarding the project match and governing board approval of the authorized project not
more than 60 days after the beginning of the fiscal year.
(2) If the documentation required by the director under subsection (1) is not
submitted, or does not adequately authenticate the availability of the project match
or board approval of the authorized project, the authorization may terminate. The
authorization terminates 30 days after the director notifies the JCOS of the intent to
terminate the project unless the JCOS convenes to extend the authorization.
Article 19
DEPARTMENT OF TRANSPORTATION
PART 1
LINE-ITEM APPROPRIATIONS AND ANTICIPATED APPROPRIATIONS
Sec. 19-101. Subject to the conditions set forth in this article, the amounts
listed in this part for the department of transportation are appropriated for the
fiscal year ending September 30, 2019, and are anticipated to be appropriated for the
fiscal year ending September 30, 2020, from the funds indicated in this part. The
following is a summary of the appropriations and anticipated appropriations in this
part:
DEPARTMENT OF TRANSPORTATION
APPROPRIATION SUMMARY
Full-time equated unclassified positions................ 6.0 6.0
Full-time equated classified positions.................. 2,820.3 2,820.3
GROSS APPROPRIATION...................................... $ 4,705,089,900 $ 4,734,868,200
Total interdepartmental grants and interdepartmental
transfers............................................... 4,092,500 4,092,500
ADJUSTED GROSS APPROPRIATION............................. $ 4,700,997,400 $ 4,730,775,700
Total federal revenues................................... 1,318,271,700 1,318,271,700
Total local revenues..................................... 50,532,000 50,532,000
Total private revenues................................... 900,000 900,000
Total other state restricted revenues.................... 3,156,293,700 3,361,072,000
State general fund/general purpose....................... $ 175,000,000 $ 0
State general fund/general purpose schedule:
Ongoing state general fund/general purpose............ 0 0
One-time state general fund/general purpose........... 175,000,000 0
Sec. 19-102. DEBT SERVICE
Airport safety and protection plan....................... $ 3,437,900 $ 3,437,900
Blue Water Bridge fund................................... 7,106,300 7,106,300
Comprehensive transportation............................. 19,401,500 19,401,500
Economic development..................................... 11,595,300 11,595,300
Local bridge fund........................................ 2,315,700 2,315,700
State trunkline.......................................... 175,580,400 175,580,400
GROSS APPROPRIATION...................................... $ 219,437,100 $ 219,437,100
Appropriated from:
Federal revenues:
Other federal revenues................................... 35,863,400 35,863,400
Special revenue funds:
Other state restricted revenues.......................... 183,573,700 183,573,700
State general fund/general purpose....................... $ 0 $ 0
Sec. 19-103. COLLECTION, ENFORCEMENT, AND OTHER AGENCY SUPPORT SERVICES
CTF grant to civil service commission.................... $ 250,000 $ 250,000
CTF grant to department of attorney general.............. 205,600 205,600
CTF grant to department of treasury...................... 16,300 16,300
CTF grant to legislative auditor general................. 39,800 39,800
CTF grant to department of technology, management and
budget.................................................. 55,900 55,900
MTF grant to department of environmental quality......... 1,367,600 1,367,600
MTF grant to department of treasury...................... 2,744,900 2,744,900
MTF grant to legislative auditor general................. 322,100 322,100
MTF grant to department state for collection of
revenue and fees........................................ 20,000,000 20,000,000
SAF grant to civil service commission.................... 150,000 150,000
SAF grant to department of attorney general.............. 181,500 181,500
SAF grant to department of treasury...................... 74,000 74,000
SAF grant to legislative auditor general................. 31,000 31,000
SAF grant to department of technology, management and
budget.................................................. 40,800 40,800
STF grant to civil service commission.................... 6,197,000 6,197,000
STF grant to department of attorney general.............. 2,476,400 2,476,400
STF grant to department of state police.................. 11,798,000 11,798,000
STF grant to department of treasury...................... 156,900 156,900
STF grant to legislative auditor general................. 748,200 748,200
STF grant to department of technology, management and
budget.................................................. 1,538,600 1,538,600
GROSS APPROPRIATION...................................... $ 48,394,600 $ 48,394,600
Appropriated from:
Special revenue funds:
Other state restricted revenues.......................... 48,394,600 48,394,600
State general fund/general purpose....................... $ 0 $ 0
Sec. 19-104. DEPARTMENTAL ADMINISTRATION AND SUPPORT
Full-time equated unclassified positions................ 6.0 6.0
Full-time equated classified positions.................. 252.3 252.3
Unclassified salaries-6.0 FTE positions.................. $ 792,100 $ 792,100
Asset management council................................. 1,876,400 1,876,400
Business support services-42.0 FTE positions............. 6,667,100 6,667,100
Commission audit-29.3 FTE positions...................... 3,423,200 3,423,200
Economic development and enhancement programs-10.0
FTE positions........................................... 1,669,600 1,669,600
Finance, contracts, and support services-171.0 FTE
positions............................................... 21,781,700 21,781,700
Property management...................................... 7,192,800 7,192,800
Worker's compensation.................................... 1,639,200 1,639,200
GROSS APPROPRIATION...................................... $ 45,042,100 $ 45,042,100
Appropriated from:
Interdepartmental grant revenues:
IDG from other restricted funding........................ 4,092,500 4,092,500
Special revenue funds:
Other state restricted revenues.......................... 40,949,600 40,949,600
State general fund/general purpose....................... $ 0 $ 0
Sec. 19-105. INFORMATION TECHNOLOGY
Information technology services and projects............. $ 35,739,400 $ 35,739,400
GROSS APPROPRIATION...................................... $ 35,739,400 $ 35,739,400
Appropriated from:
Federal revenues:
Other federal revenues................................... 520,500 520,500
Special revenue funds:
Other state restricted revenues.......................... 35,218,900 35,218,900
State general fund/general purpose....................... $ 0 $ 0
Sec. 19-106. TRANSPORTATION PLANNING
Full-time equated classified positions.................. 137.0 137.0
Grants to regional planning councils..................... $ 488,800 $ 488,800
Transportation planning-137.0 FTE positions.............. 39,133,100 39,133,100
GROSS APPROPRIATION...................................... $ 39,621,900 $ 39,621,900
Appropriated from:
Federal revenues:
Other federal revenues................................... 22,000,000 22,000,000
Special revenue funds:
Other state restricted revenues.......................... 17,621,900 17,621,900
State general fund/general purpose....................... $ 0 $ 0
Sec. 19-107. DESIGN AND ENGINEERING SERVICES
Full-time equated classified positions.................. 1,473.3 1,473.3
Program development, delivery, and system operations-
1,473.3 FTE positions................................... $ 165,353,700 $ 165,353,700
GROSS APPROPRIATION...................................... $ 165,353,700 $ 165,353,700
Appropriated from:
Federal revenues:
Other federal revenues................................... 23,529,800 23,529,800
Special revenue funds:
Other state restricted revenues.......................... 141,823,900 141,823,900
State general fund/general purpose....................... $ 0 $ 0
Sec. 19-108. HIGHWAY MAINTENANCE
Full-time equated classified positions.................. 793.7 793.7
State trunkline operations-793.7 FTE positions........... $ 339,127,800 $ 339,127,800
GROSS APPROPRIATION...................................... $ 339,127,800 $ 339,127,800
Appropriated from:
Special revenue funds:
Other state restricted revenues.......................... 339,127,800 339,127,800
State general fund/general purpose....................... $ 0 $ 0
Sec. 19-109. ROAD AND BRIDGE PROGRAMS
Cities and villages...................................... $ 534,594,700 $ 578,906,100
County road commissions.................................. 958,837,100 1,038,313,200
Grants to local programs................................. 33,000,000 33,000,000
Local bridge program..................................... 28,400,800 28,424,700
Local federal aid and road and bridge construction....... 278,400,300 278,400,300
Local agency wetlands mitigation......................... 2,000,000 2,000,000
Movable bridge........................................... 5,222,400 5,337,300
Rail grade crossing...................................... 3,000,000 3,000,000
Rail grade crossing - surface improvements............... 3,000,000 3,000,000
State trunkline federal aid and road and bridge
construction............................................ 1,222,189,500 1,303,041,500
GROSS APPROPRIATION...................................... $ 3,068,644,800 $ 3,273,423,100
Appropriated from:
Federal revenues:
Other federal revenues................................... 1,087,008,000 1,087,008,000
Special revenue funds:
Local revenues........................................... 30,003,500 30,003,500
Other state restricted revenues.......................... 1,951,633,300 2,156,411,600
State general fund/general purpose....................... $ 0 $ 0
Sec. 19-110. BLUE WATER BRIDGE
Full-time equated classified positions.................. 41.0 41.0
Blue Water Bridge operations-41.0 FTE positions.......... $ 6,535,700 $ 6,535,700
GROSS APPROPRIATION...................................... $ 6,535,700 $ 6,535,700
Appropriated from:
Special revenue funds:
Other state restricted revenues.......................... 6,535,700 6,535,700
State general fund/general purpose....................... $ 0 $ 0
Sec. 19-111. TRANSPORTATION ECONOMIC DEVELOPMENT
Forest roads............................................. $ 5,000,000 $ 5,000,000
Rural county primary..................................... 8,087,200 8,087,200
Rural county urban system................................ 2,500,000 2,500,000
Target industries/economic redevelopment................. 6,674,600 6,674,600
Urban county congestion.................................. 8,087,200 8,087,200
GROSS APPROPRIATION...................................... $ 30,349,000 $ 30,349,000
Appropriated from:
Special revenue funds:
Other state restricted revenues.......................... 30,349,000 30,349,000
State general fund/general purpose....................... $ 0 $ 0
Sec. 19-112. AERONAUTICS SERVICES
Full-time equated classified positions.................. 48.0 48.0
Air service program...................................... $ 250,000 $ 250,000
Aviation services-48.0 FTE positions..................... 7,691,100 7,691,100
GROSS APPROPRIATION...................................... $ 7,941,100 $ 7,941,100
Appropriated from:
Special revenue funds:
Other state restricted revenues.......................... 7,941,100 7,941,100
State general fund/general purpose....................... $ 0 $ 0
Sec. 19-113. PUBLIC TRANSPORTATION SERVICES
Full-time equated classified positions.................. 36.0 36.0
Passenger transportation services-36.0 FTE positions..... $ 5,874,700 $ 5,874,700
GROSS APPROPRIATION...................................... $ 5,874,700 $ 5,874,700
Appropriated from:
Federal revenues:
Other federal revenues................................... 972,100 972,100
Special revenue funds:
Other state restricted revenues.......................... 4,902,600 4,902,600
State general fund/general purpose....................... $ 0 $ 0
Sec. 19-114. LOCAL BUS TRANSIT
Local bus operating...................................... $ 189,250,000 $ 189,250,000
Nonurban operating/capital............................... 30,027,900 30,027,900
GROSS APPROPRIATION...................................... $ 219,277,900 $ 219,277,900
Appropriated from:
Federal revenues:
Other federal revenues................................... 28,027,900 28,027,900
Special revenue funds:
Local revenues........................................... 2,000,000 2,000,000
Other state restricted revenues.......................... 189,250,000 189,250,000
State general fund/general purpose....................... $ 0 $ 0
Sec. 19-115. INTERCITY PASSENGER AND FREIGHT
Full-time equated classified positions.................. 39.0 39.0
Detroit/Wayne County port authority...................... $ 468,200 $ 468,200
Freight property management.............................. 1,000,000 1,000,000
Intercity services....................................... 7,360,000 7,360,000
Marine passenger service................................. 400,000 400,000
Office of rail-39.0 FTE positions........................ 6,563,500 6,563,500
Rail operations and infrastructure....................... 82,208,000 82,208,000
GROSS APPROPRIATION...................................... $ 97,999,700 $ 97,999,700
Appropriated from:
Federal revenues:
Other federal revenues................................... 14,500,000 14,500,000
Special revenue funds:
Local revenues........................................... 260,000 260,000
Private revenues......................................... 900,000 900,000
Other state restricted revenues.......................... 82,339,700 82,339,700
State general fund/general purpose....................... $ 0 $ 0
Sec. 19-116. PUBLIC TRANSPORTATION DEVELOPMENT
Municipal credit program................................. $ 2,000,000 $ 2,000,000
Service initiatives...................................... 4,589,200 4,589,200
Specialized services..................................... 17,938,900 17,938,900
Transit capital.......................................... 66,612,600 66,612,600
Transportation to work................................... 3,875,000 3,875,000
Van pooling.............................................. 195,000 195,000
GROSS APPROPRIATION...................................... $ 95,210,700 $ 95,210,700
Appropriated from:
Federal revenues:
Other federal revenues................................. . 26,850,000 26,850,000
Special revenue funds:
Local revenues........................................... 5,760,000 5,760,000
Other state restricted revenues.......................... 62,600,700 62,600,700
State general fund/general purpose....................... $ 0 $ 0
Sec. 19-117. CAPITAL OUTLAY
(1) BUILDINGS AND FACILITIES
Special maintenance, remodeling and additions............ $ 3,001,500 $ 3,001,500
Salt storage buildings and containment control........... 2,500,000 2,500,000
GROSS APPROPRIATION...................................... $ 5,501,500 $ 5,501,500
Appropriated from:
Special revenue funds:
Other state restricted revenues.......................... 5,501,500 5,501,500
State general fund/general purpose....................... $ 0 $ 0
(2) AIRPORT IMPROVEMENT PROGRAMS
Airport safety, protection, and improvement program...... $ 94,513,200 $ 94,513,200
Detroit Metropolitan Wayne County Airport................ 5,525,000 5,525,000
GROSS APPROPRIATION...................................... $ 100,038,200 $ 100,038,200
Appropriated from:
Federal revenues:
Other federal revenues................................... 79,000,000 79,000,000
Special revenue funds:
Local revenues........................................... 12,508,500 12,508,500
Other state restricted revenues.......................... 8,529,700 8,529,700
State general fund/general purpose....................... $ 0 $ 0
Sec. 19-118. ONE-TIME APPROPRIATIONS
Cities and villages...................................... $ 38,150,000 $ 0
County road commissions.................................. 68,425,000 0
State road and bridge construction and next generation
technologies and service delivery....................... 68,425,000 0
GROSS APPROPRIATION...................................... $ 175,000,000 $ 0
Appropriated from:
Special revenue funds:
State general fund/general purpose....................... $ 175,000,000 $ 0
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
FISCAL YEAR 2019
GENERAL SECTIONS
Sec. 19-201. Pursuant to section 30 of article IX of the state constitution of
1963, total state spending from state resources under part 1 for the fiscal year 2019
is $3,331,293,700.00 and state spending from state resources to be paid to local units
of government for fiscal year 2019 is $1,960,123,900.00. The itemized statement below
identifies appropriations from which spending to local units of government will occur:
DEPARTMENT OF TRANSPORTATION
Grants to regional planning councils.................................... $ 488,800
Cities and villages..................................................... 572,744,700
County road commissions................................................. 1,027,262,100
Grants to local programs................................................ 33,000,000
Local bridge program.................................................... 28,400,800
Local agency wetlands mitigation........................................ 2,000,000
Movable bridge.......................................................... 2,611,200
Rail grade crossing..................................................... 1,500,000
Rail grade crossing - surface improvements.............................. 3,000,000
Forest roads............................................................ 5,000,000
Rural county primary.................................................... 8,087,200
Rural county urban system............................................... 2,500,000
Target industries/economic redevelopment................................ 4,138,300
Urban county congestion................................................. 8,087,200
Air service program..................................................... 250,000
Local bus operating..................................................... 189,250,000
Detroit/Wayne County port authority..................................... 468,200
Marine passenger service................................................ 400,000
Municipal credit program................................................ 2,000,000
Service initiatives..................................................... 2,614,200
Specialized services.................................................... 3,853,900
Transit capital......................................................... 50,062,600
Transportation to work.................................................. 3,875,000
Airport safety, protection, and improvement program..................... 3,004,700
Detroit Metropolitan Wayne County Airport............................... 5,525,000
TOTAL..................................................................... $ 1,960,123,900
Sec. 19-202. The appropriations authorized under this article are subject to the
management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594.
Sec. 19-203. As used in this article:
(a) "CTF" means comprehensive transportation fund.
(b) "Department" means the state transportation department.
(c) "Director" means the director of the department.
(d) "DOT" means the United States Department of Transportation.
(e) "DOT-FHWA" means DOT, Federal Highway Administration.
(f) "FTE" means full-time equated.
(g) "IDG" means interdepartmental grant.
(h) "MTF" means Michigan transportation fund.
(i) "SAF" means state aeronautics fund.
(j) "STF" means state trunkline fund.
Sec. 19-204. The departments and agencies receiving appropriations in part 1
shall use the Internet to fulfill the reporting requirements of this article. This
requirement may include transmission of reports via electronic mail to the recipients
identified for each reporting requirement, or it may include placement of reports on
an Internet or Intranet site.
Sec. 19-205. Funds appropriated in part 1 shall not be used for the purchase of
foreign goods or services, or both, if competitively priced and of comparable quality
American goods or services, or both, are available. Preference shall be given to goods
or services, or both, manufactured or provided by Michigan businesses, if they are
competitively priced and of comparable quality. In addition, preference should be
given to goods or services, or both, that are manufactured or provided by Michigan
businesses owned and operated by veterans, if they are competitively priced and of
comparable quality.
Sec. 19-206. The director shall take all reasonable steps to ensure businesses in
deprived and depressed communities compete for and perform contracts to provide
services or supplies, or both. Each director shall strongly encourage firms with which
the department contracts to subcontract with certified businesses in depressed and
deprived communities for services, supplies, or both.
Sec. 19-207. The departments and agencies receiving appropriations in part 1
shall prepare a report on out-of-state travel expenses not later than January 1 of
each year. The travel report shall be a listing of all travel by classified and
unclassified employees outside this state in the immediately preceding fiscal year
that was funded in whole or in part with funds appropriated in the department's
budget. The report shall be submitted to the senate and house appropriations
committees, the house and senate fiscal agencies, and the state budget director. The
report shall include the following information:
(a) The dates of each travel occurrence.
(b) The transportation and related costs of each travel occurrence, including the
proportion funded with state general fund/general purpose revenues, the proportion
funded with state restricted revenues, the proportion funded with federal revenues,
and the proportion funded with other revenues.
Sec. 19-208. Funds appropriated in part 1 shall not be used by a principal
executive department, state agency, or authority to hire a person to provide legal
services that are the responsibility of the attorney general. This prohibition does
not apply to legal services for bonding activities and for those outside services that
the attorney general authorizes.
Sec. 19-209. Not later than November 30, the state budget office shall prepare
and transmit a report that provides for estimates of the total general fund/general
purpose appropriation lapses at the close of the prior fiscal year. This report shall
summarize the projected year-end general fund/general purpose appropriation lapses by
major departmental program or program areas. The report shall be transmitted to the
chairpersons of the senate and house appropriations committees and the senate and
house fiscal agencies.
Sec. 19-210. (1) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $200,000,000.00 for federal contingency funds.
These funds are not available for expenditure until they have been transferred to
another line item in this article under section 393(2) of the management and budget
act, 1984 PA 431, MCL 18.1393.
(2) In addition to the funds appropriated in part 1, there is appropriated an
amount not to exceed $40,000,000.00 for state restricted contingency funds. These
funds are not available for expenditure until they have been transferred to another
line item in this article under section 393(2) of the management and budget act, 1984
PA 431, MCL 18.1393.
(3) In addition to the funds appropriated in part 1, there is appropriated an
amount not to exceed $1,000,000.00 for local contingency funds. These funds are not
available for expenditure until they have been transferred to another line item in
this article under section 393(2) of the management and budget act, 1984 PA 431, MCL
18.1393.
(4) In addition to the funds appropriated in part 1, there is appropriated an
amount not to exceed $1,000,000.00 for private contingency funds. These funds are not
available for expenditure until they have been transferred to another line item in
this article under section 393(2) of the management and budget act, 1984 PA 431, MCL
18.1393.
Sec. 19-211. The department shall cooperate with the department of technology,
management and budget to maintain a searchable website accessible by the public at no
cost that includes, but is not limited to, all of the following for each department or
agency:
(a) Fiscal year-to-date expenditures by category.
(b) Fiscal year-to-date expenditures by appropriation unit.
(c) Fiscal year-to-date payments to a selected vendor, including the vendor name,
payment date, payment amount, and payment description.
(d) The number of active department employees by job classification.
(e) Job specifications and wage rates.
Sec. 19-212. Within 14 days after the release of the executive budget
recommendation, the department shall cooperate with the state budget office to provide
the senate and house appropriations chairs, the senate and house appropriations
subcommittees chairs, and the senate and house fiscal agencies with an annual report
on estimated state restricted fund balances, state restricted fund projected revenues,
and state restricted fund expenditures for the fiscal years ending September 30, 2018
and September 30, 2019.
Sec. 19-213. The department shall maintain, on a publicly accessible website, a
department scorecard that identifies, tracks and regularly updates key metrics that
are used to monitor and improve the department's performance.
Sec. 19-214. Total authorized appropriations from all sources under part 1 for
legacy costs for the fiscal year ending September 30, 2019 are estimated at
$67,716,200.00. From this amount, total agency appropriations for pension-related
legacy costs are estimated at $31,218,300.00. Total agency appropriations for retiree
health care legacy costs are estimated at $36,497,900.00.
DEPARTMENTAL ADMINISTRATION AND SUPPORT
Sec. 19-301. (1) The department may establish a fee schedule and collect fees
sufficient to cover the costs to issue the permits that the department is authorized
by law to issue upon request, unless otherwise stipulated by law. All permit fees are
nonrefundable application fees and shall be credited to the appropriate fund to
recover the direct and indirect costs of receiving, reviewing, and processing the
requests.
(2) A bridge authority shall hold 3 public hearings on an increase in any toll
charged by the authority at least 30 days before the toll change will become
effective. Two of the hearings shall be held within 5 miles of the bridge over which
the bridge authority has jurisdiction. One hearing shall be held in Lansing. Public
hearings held under this section shall be conducted in accordance with the open
meetings act, 1976 PA 267, MCL 15.261 to 15.275, and shall be conducted so as to
provide a reasonable opportunity for public comment, including both spoken and written
comments.
Sec. 19-304. If, as a requirement of bidding on a highway project, the department
requires a contractor to submit financial or proprietary documentation as to how the
bid was calculated, that bid documentation shall be kept confidential and shall not be
disclosed other than to a department representative without the contractor's written
consent. The department may disclose the bid documentation if necessary to address or
defend a claim by a contractor.
Sec. 19-306. (1) The amounts appropriated in part 1 to support tax and fee
collection, law enforcement, and other program services provided to the department and
to transportation funds by other state departments shall be expended from
transportation funds pursuant to annual contracts between the department and those
other state departments. The contracts shall be executed prior to the expenditure or
obligation of those funds. The contracts shall provide, but are not limited to, the
following data applicable to each state department:
(a) Estimated costs to be recovered from transportation funds.
(b) Description of services provided to the department and/or transportation
funds and financed with transportation funds.
(c) Detailed cost allocation methods appropriate to the type of services being
provided and the activities financed with transportation funds.
(2) Not later than 2 months after publication of the state of Michigan
comprehensive annual financial report, each state department receiving funding
pursuant to an interdepartment contract with the department shall submit a written
report to the department, the state budget director, and the house and senate fiscal
agencies stating by spending authorization account the amount of estimated funds
contracted with the department, the amount of funds expended, the amount of funds
returned to the transportation funds, and any unreimbursed transportation-related
costs incurred but not billed to transportation funds. A copy of the report shall be
submitted to the auditor general, and the report shall be subject to audit.
(3) The auditor general shall use a risk-based approach in developing an audit
program for the use of transportation funds.
Sec. 19-307. Before March 1 of each year, the department will provide to the
legislature, the state budget director, and the house and senate fiscal agencies its
rolling 5-year plan listing by county or by county road commission all highway
construction projects for the fiscal year and all expected projects for the ensuing
fiscal years.
Sec. 19-310. The department shall provide in a timely manner copies of the agenda
and approved minutes of monthly transportation commission meetings to the members of
the house and senate appropriations subcommittees on transportation, the house and
senate fiscal agencies, and the state budget director.
Sec. 19-313. (1) From funds appropriated in part 1, the department may increase a
state infrastructure bank program and grant or loan funds in accordance with
regulations of the state infrastructure bank program of the United States Department
of Transportation. The state infrastructure bank is to be administered by the
department for the purpose of providing a revolving, self-sustaining resource for
financing transportation infrastructure projects.
(2) In addition to funds provided in subsection (1), money received by the state
as federal grants, repayment of state infrastructure bank loans, or other
reimbursement or revenue received by the state as a result of projects funded by the
program and interest earned on that money shall be deposited in the revolving state
infrastructure bank fund and shall be available for transportation infrastructure
projects. At the close of the fiscal year, any unencumbered funds remaining in the
state infrastructure bank fund shall remain in the fund and be carried forward into
the succeeding fiscal year.
Sec. 19-383. (1) The department shall prepare a report on use of department-owned
aircraft during the fiscal year ending September 30, 2018. 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, 2019.
(3) The department shall maintain a system for recovering the cost of operating
department-owned aircraft through charges to aircraft users.
(4) From the funds appropriated in part 1, the department is prohibited from
transporting legislators or legislative staff on state-owned aircraft without prior
approval from the senate majority leader or the speaker of the house of
representatives and only when the aircraft is already scheduled by state agencies on
related official state business.
Sec. 19-384. (1) Except as otherwise provided in subsection (2), the department
shall not obligate the state to expend any state transportation revenue for
construction planning or construction of the Detroit River International Crossing or a
renamed successor. In addition, except as provided in subsection (2), the department
shall not commit the state to any new contract related to the construction planning or
construction of the Detroit River International Crossing or a renamed successor that
would obligate the state to expend any state transportation revenue. An expenditure
for staff resources used in connection with project activities, which expenditure is
subject to full and prompt reimbursement from Canada, shall not be considered an
expenditure of state transportation revenue.
(2) If the legislature enacts specific enabling legislation for the construction
of the Detroit River International Crossing or a renamed successor, subsection (1)
does not apply once the enabling legislation goes into effect.
Sec. 19-385. (1) The department shall submit reports to the state budget
director, the speaker of the house, the house minority leader, the senate majority
leader, the senate minority leader, the house and senate appropriations subcommittees
on transportation, and the house and senate fiscal agencies on department activities
related to all nonconstruction or construction planning activities related to the
Detroit River International Crossing or a renamed successor. The initial report shall
be submitted on or before December 1, 2018 and shall cover the fiscal year ending
September 30, 2018.
(2) The initial report shall include, at a minimum, all of the following:
(a) Department costs incurred in the fiscal year ending September 30, 2018,
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, 2018, 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, 2019, June 1, 2019, and September 1, 2019 and shall include the
same information described in subsection (2) for the applicable previous fiscal
quarter.
Sec. 19-395. From the funds appropriated in part 1 for state trunkline federal
aid road and bridge construction, the department may expend up to $10,000,000.00 on
highway maintenance activities to support safety-related, high-priority, and other
deferred routine maintenance needs on Michigan's state trunkline network.
Sec. 19-398. The department shall continue to work to eliminate fatalities and
serious injuries on Michigan's State trunkline network and shall maintain the Toward
Zero Deaths statewide safety campaign. The department shall prioritize additional
median cable guardrail installation when appropriate to address trunkline locations
with a history of correctable fatal and serious injury crashes.
FEDERAL
Sec. 19-402. A portion of the federal DOT-FHWA highway research, planning, and
construction funds made available to this state shall be allocated to transportation
programs administered by local jurisdictions in accordance with section 10o of 1951 PA
51, MCL 247.660o. A local road agency, with respect to a project approved for federal
aid funding in a state transportation improvement program, may enter into a voluntary
buyout agreement with the department or with another local road agency to exchange the
federal aid with state restricted transportation funds as agreed to by the respective
parties. The state restricted transportation funds received in exchange for federal
aid funds shall be used for the same purpose as the federal aid funds were originally
intended.
MICHIGAN TRANSPORTATION FUND
Sec. 19-501. The money received under the motor carrier act, 1933 PA 254, MCL
475.1 to 479.42, and not appropriated to the department of licensing and regulatory
affairs or the department of state police is deposited in the Michigan transportation
fund.
Sec. 19-503. (1) The funds appropriated in part 1 for the economic development
and local bridge programs shall not lapse at the end of the fiscal year but shall
carry forward each fiscal year for the purposes for which appropriated in accordance
with 1987 PA 231, MCL 247.901 to 247.913, and section 10(5) of 1951 PA 51, MCL
247.660.
(2) Interest earned in the department of transportation economic development fund
and local bridge fund shall remain in the respective funds and shall be allocated to
the respective programs based on actual interest earned at the end of each fiscal
year.
(3) In addition to the funds appropriated in part 1, the department of
transportation economic development fund and local bridge fund may receive federal,
local, or private funds or restricted source funds such as interest earnings. These
funds are appropriated for projects that are consistent with the purposes of the
respective funds.
(4) None of the funds statutorily dedicated to the transportation economic
development fund and local bridge fund shall be diverted to other projects.
Sec. 19-504. Funds from the Michigan transportation fund shall be distributed to
the comprehensive transportation fund, the economic development fund, the recreation
improvement fund, and the state trunkline fund, in accordance with this part and part
1 and part 711 of the natural resources and environmental protection act, 1994 PA 451,
MCL 324.71101 to 324.71108, and may only be used as specified in this part and part 1,
1951 PA 51, MCL 247.651 to 247.675, and part 711 of the natural resources and
environmental protection act, 1994 PA 451, MCL 324.71101 to 324.71108.
STATE TRUNKLINE FUND
Sec. 19-601. 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. 19-604. At the close of the fiscal year, any unencumbered and unexpended
balance in the state trunkline fund shall remain in the state trunkline fund and shall
carry forward and is appropriated for federal aid road and bridge programs for
projects contained in the annual state transportation program.
Sec. 19-605. (1) From funds appropriated in part 1, the department shall support
flooding mitigation-related activities on limited access state trunklines in Wayne,
Oakland, and Macomb Counties.
(2) The department shall report on specific outcomes and performance measures,
including, but not limited to, the following:
(a) Number of drainage catch basins cleaned on limited-access state trunklines in
Wayne, Oakland, and Macomb Counties during the fiscal year ending September 30, 2019.
(b) Number of flooding-related closures on limited-access state trunklines in
Wayne, Oakland, and Macomb Counties during the fiscal year ending September 30, 2019.
TRANSIT AND RAIL RELATED FUNDS
Sec. 19-701. The department shall establish an intercity bus equipment and
facility fund as a subsidiary fund within the comprehensive transportation fund
created under section 10b of 1951 PA 51, MCL 247.660b. Proceeds received by this state
from the sale of state-owned intercity bus equipment shall be credited to the
intercity bus equipment and facility fund for the purchase and repair of intercity bus
equipment, as appropriated. Security deposits not returned to a lessee of state-owned
intercity bus equipment under terms of the lease agreement shall be credited to the
intercity bus equipment and facility fund for the repair of intercity bus equipment,
as appropriated. Money received by the department from lease payments for state-owned
intercity bus equipment, and facility maintenance charges under terms of leases of
state-owned intercity facilities, shall be credited to the intercity bus equipment and
facility fund for the purchase and repair of intercity bus equipment or for the
maintenance and rehabilitation of state-owned intercity facilities, as appropriated.
At the close of the fiscal year, any funds remaining in the intercity bus equipment
and facility fund shall remain in the fund and be carried forward into the succeeding
fiscal year.
Sec. 19-702. Money that is received by this state as repayment for loans made for
rail or water freight capital projects, and as a result of the sale of property or
equipment used or projected to be used for rail or water freight projects shall be
deposited in the rail freight fund created by section 17 of the state transportation
preservation act of 1976, 1976 PA 295, MCL 474.67. At the close of the fiscal year,
any funds remaining in the rail freight fund shall remain in the fund and be carried
forward into the succeeding fiscal year.
Sec. 19-706. The Detroit/Wayne County Port Authority shall issue a complete
operations assessment and a financial disclosure statement. The operations assessment
shall include operational goals for the next 5 years and recommendations to improve
land acquisition and development efficiency. The report shall be completed and
submitted to the house of representatives and senate appropriations subcommittees on
transportation, the state budget director, and the house and senate fiscal agencies by
June 30 of each fiscal year for the prior fiscal year.
Sec. 19-711. (1) As prescribed in subsection (2), the department shall submit
reports to the state budget director, the house and senate appropriations
subcommittees on transportation, and the house and senate fiscal agencies on rail
passenger service provided by Amtrak under a contractual agreement with the
department. The report shall be submitted on or before May 1 of each year.
(2) The report shall include all of the following:
(a) Passenger counts for the preceding fiscal year for each Amtrak service route
in Michigan.
(b) Revenue and operating expenses by Amtrak route.
(c) Total state operating payments to Amtrak in the preceding fiscal year by
Amtrak route.
(d) A discussion of major factors affecting route costs and revenue and net state
costs in the preceding fiscal year, and factors affecting route costs and revenue and
net state costs anticipated in the current and future fiscal years.
(e) Fare revenue by route and fare revenue as a percentage of route operating
expense.
Sec. 19-735. For the fiscal year ending September 30, 2019, the appropriation to
a street railway pursuant to section 10e(22) of 1951 PA 51, MCL 247.660e, is $0.
AERONAUTICS FUND
Sec. 19-801. Except as otherwise provided in section 903 of this part for capital
outlay, at the close of the fiscal year, any unobligated and unexpended balance in the
state aeronautics fund created in the aeronautics code of the state of Michigan, 1945
PA 327, MCL 259.1 to 259.208, shall lapse to the state aeronautics fund and be
appropriated by the legislature in the immediately succeeding fiscal year.
CAPITAL OUTLAY
Sec. 19-901. (1) From federal-state-local project appropriations contained in
part 1 for the purpose of assisting political entities and subdivisions of this state
in the construction and improvement of publicly used airports and landing fields
within this state, the state transportation department may permit the award of
contracts on behalf of units of local government for the authorized locations not to
exceed the indicated amounts, of which the state allocated portion shall not exceed
the amount appropriated in part 1.
(2) Local political entities and subdivisions shall provide not less than 50% of
the nonfederal share of any project under this section with the state authorized, but
not obligated, to provide the remaining nonfederal share. State money shall not be
allocated until local money is allocated. State money for any 1 project shall not
exceed 1/3 of the total appropriation in part 1 from state funds for airport
improvement programs.
(3) The Michigan aeronautics commission may take those steps necessary to match
federal money available for airport construction and improvement within this state and
to meet the matching requirements of the federal government. Whether acting alone or
jointly with another political subdivision or public agency or with this state, a
political subdivision or public agency of this state shall not submit to any agency of
the federal government a project application for airport planning or development
unless it is authorized in this part and part 1 and the project application is
approved by the governing body of each political subdivision or public agency making
the application and by the Michigan aeronautics commission.
Sec. 19-903. The appropriations in part 1 for capital outlay shall be carried
forward at the end of the fiscal year consistent with the provisions of section 248 of
the management and budget act, 1984 PA 431, MCL 18.1248.
ONE-TIME APPROPRIATIONS
Sec. 19-1001. The one-time appropriations in part 1 totaling $175,000,000.00 from
the state general fund for state road and bridge construction and next generation
technologies and service delivery, county road commissions and cities and villages
shall be expended consistent with the following:
(1) The one-time appropriation in part 1 of $68,425,000.00 from the state general
fund for state road and bridge construction and next generation technologies and
service delivery shall support the state trunkline highway system in accordance with
section 11 of 1951 PA 51, MCL 247.661, as well as projects related to connected
vehicles, hydrogen fueling stations, and enhanced transportation services for senior
citizens and persons with disabilities.
(2) The one-time appropriation in part 1 of $68,425,000.00 from the state general
fund for county road commissions shall be distributed among the county road
commissions in accordance with section 12 of 1951 PA 51, MCL 247.662.
(3) The one-time appropriation in part 1 of $38,150,000.00 from the state general
fund for cities and villages shall be distributed among cities and villages in
accordance with section 13 of 1951 PA 51, MCL 247.663.
Article 20
DEPARTMENT OF TREASURY
PART 1
LINE-ITEM APPROPRIATIONS AND ANTICIPATED APPROPRIATIONS
Sec. 20-101. Subject to the conditions set forth in this article, the amounts
listed in this part for the department of treasury are appropriated for the fiscal
year ending September 30, 2019, and are anticipated to be appropriated for the fiscal
year ending September 30, 2020, from the funds indicated in this part. The following
is a summary of the appropriations and anticipated appropriations in this part:
DEPARTMENT OF TREASURY
APPROPRIATION SUMMARY
Full-time equated unclassified positions................ 10.0 10.0
Full-time equated classified positions.................. 1,860.5 1,860.5
GROSS APPROPRIATION...................................... $ 1,931,543,500 $ 1,956,058,200
Total interdepartmental grants and interdepartmental
transfers............................................... 12,780,300 12,780,300
ADJUSTED GROSS APPROPRIATION............................. $ 1,918,763,200 $ 1,943,277,900
Total federal revenues................................... 27,128,000 27,128,000
Total local revenues..................................... 13,135,700 13,135,700
Total private revenues................................... 27,500 27,500
Total other state restricted revenues.................... 1,669,678,700 1,694,193,400
State general fund/general purpose....................... $ 208,793,300 $ 208,793,300
State general fund/general purpose schedule:
Ongoing state general fund/general purpose............ 208,793,300 208,793,300
One-time state general fund/general purpose........... 0 0
Sec. 20-102. DEPARTMENTAL ADMINISTRATION AND SUPPORT
Full-time equated unclassified positions................ 10.0 10.0
Full-time equated classified positions.................. 433.5 433.5
Unclassified salaries-10.0 FTE positions................. $ 1,045,800 $ 1,045,800
Department services-75.0 FTE positions................... 9,142,500 9,142,500
Executive direction and operations-64.5 FTE positions.... 9,567,000 9,567,000
Office of accounting services-29.0 FTE positions......... 4,116,000 4,116,000
Office of collections-197.0 FTE positions................ 28,019,800 28,019,800
Office of financial services-40.0 FTE positions.......... 4,883,200 4,883,200
Property management...................................... 7,019,700 7,019,700
Unclaimed property-28.0 FTE positions.................... 4,898,100 4,898,100
Worker's compensation.................................... 144,500 144,500
GROSS APPROPRIATION...................................... $ 68,836,600 $ 68,836,600
Appropriated from:
Interdepartmental grant revenues:
IDG from department of health and human services......... 791,400 791,400
IDG from other restricted funding........................ 8,959,400 8,959,400
Federal revenues:
Other federal revenues................................... 68,300 68,300
Special revenue funds:
Other state restricted revenues.......................... 44,662,100 44,662,100
State general fund/general purpose....................... $ 14,355,400 $ 14,355,400
Sec. 20-103. LOCAL GOVERNMENT PROGRAMS
Full-time equated classified positions.................. 101.0 101.0
Local finance-18.0 FTE positions......................... $ 2,658,900 $ 2,658,900
Property tax assessor training-1.0 FTE position.......... 1,043,100 1,043,100
Supervision of the general property tax law-82.0 FTE
positions............................................... 18,627,700 18,627,700
GROSS APPROPRIATION...................................... $ 22,329,700 $ 22,329,700
Appropriated from:
Special revenue funds:
Local revenues........................................... 2,018,600 2,018,600
Other state restricted revenues.......................... 4,155,000 4,155,000
State general fund/general purpose....................... $ 16,156,100 $ 16,156,100
Sec. 20-104. TAX PROGRAMS
Full-time equated classified positions.................. 734.0 734.0
Bottle act implementation................................ $ 250,000 $ 250,000
Health insurance claims fund-13.0 FTE positions.......... 2,110,500 2,110,500
Home heating assistance.................................. 3,093,900 3,093,900
Office of revenue and tax analysis-9.0 FTE positions..... 1,818,600 1,818,600
Tax and economic policy-43.0 FTE positions............... 7,948,900 7,948,900
Tax compliance-318.0 FTE positions....................... 45,501,600 45,501,600
Tax processing-340.0 FTE positions....................... 39,185,700 39,185,700
Tobacco tax enforcement-11.0 FTE positions............... 1,534,700 1,534,700
GROSS APPROPRIATION...................................... $ 101,443,900 $ 101,443,900
Appropriated from:
Interdepartmental grant revenues:
IDG from department of transportation.................... 2,417,100 2,417,100
Federal revenues:
Other federal revenues................................... 3,093,900 3,093,900
Special revenue funds:
Other state restricted revenues.......................... 77,796,100 77,796,100
State general fund/general purpose....................... $ 18,136,800 $ 18,136,800
Sec. 20-105. FINANCIAL PROGRAMS
Full-time equated classified positions.................. 178.0 178.0
Common cash and debt management-11.0 FTE positions....... $ 1,701,600 $ 1,701,600
Dual enrollment payments................................. 2,007,600 2,007,600
Investments-81.0 FTE positions........................... 20,980,600 20,980,600
John R. Justice grant program............................ 288,100 288,100
Michigan finance authority - bond finance programs-
64.0 FTE positions...................................... 26,097,700 26,097,700
Student financial assistance programs-22.0 FTE
positions............................................... 2,742,800 2,742,800
GROSS APPROPRIATION...................................... $ 53,818,400 $ 53,818,400
Appropriated from:
Interdepartmental grant revenues:
IDG from other restricted funding........................ 212,400 212,400
Federal revenues:
Other federal revenues................................... 23,338,000 23,338,000
Special revenue funds:
Michigan merit award trust fund.......................... 1,187,300 1,187,300
Other state restricted revenues.......................... 25,122,300 25,122,300
State general fund/general purpose....................... $ 3,958,400 $ 3,958,400
Sec. 20-106. DEBT SERVICE
Clean Michigan initiative................................ $ 62,751,000 $ 62,751,000
Great Lakes water quality bond........................... 22,865,000 22,865,000
Quality of life bond..................................... 21,964,000 21,964,000
GROSS APPROPRIATION...................................... $ 107,580,000 $ 107,580,000
Appropriated from:
Special revenue funds:
State general fund/general purpose....................... $ 107,580,000 $ 107,580,000
Sec. 20-107. GRANTS
Convention facility development distribution............. $ 90,950,000 $ 90,950,000
Emergency 911 payments................................... 27,000,000 27,000,000
Health and safety fund grants............................ 1,500,000 1,500,000
Medical marihuana excise fund grants..................... 10,890,000 10,890,000
Senior citizen cooperative housing tax exemption
program................................................. 10,720,100 10,720,100
GROSS APPROPRIATION...................................... $ 141,060,100 $ 141,060,100
Appropriated from:
Special revenue funds:
Other state restricted revenues.......................... 130,340,000 130,340,000
State general fund/general purpose....................... $ 10,720,100 $ 10,720,100
Sec. 20-108. BUREAU OF STATE LOTTERY
Full-time equated classified positions.................. 196.0 196.0
Lottery information technology services and projects..... $ 5,287,000 $ 5,287,000
Lottery operations-196.0 FTE positions................... 26,678,200 26,678,200
GROSS APPROPRIATION...................................... $ 31,965,200 $ 31,965,200
Appropriated from:
Special revenue funds:
Other state restricted revenues.......................... 31,965,200 31,965,200
State general fund/general purpose....................... $ 0 $ 0
Sec. 20-109. GAMING CONTROL
Full-time equated classified positions.................. 143.0 143.0
Gaming control administration-133.0 FTE positions........ $ 26,604,600 $ 26,604,600
Gaming control information technology services and
projects................................................ 2,556,400 2,556,400
Horse racing-10.0 FTE positions.......................... 2,052,100 2,052,100
Michigan gaming control board............................ 50,000 50,000
GROSS APPROPRIATION...................................... $ 31,263,100 $ 31,263,100
Appropriated from:
Special revenue funds:
Other state restricted revenues.......................... 31,263,100 31,263,100
State general fund/general purpose....................... $ 0 $ 0
Sec. 20-110. PAYMENTS IN LIEU OF TAXES
Commercial forest reserve................................ $ 3,368,100 $ 3,368,100
Purchased lands.......................................... 8,677,900 8,677,900
Swamp and tax reverted lands............................. 15,305,600 15,305,600
GROSS APPROPRIATION...................................... $ 27,351,600 $ 27,351,600
Appropriated from:
Special revenue funds:
Private revenues......................................... 27,500 27,500
Other state restricted revenues.......................... 5,332,900 5,332,900
State general fund/general purpose....................... $ 21,991,200 $ 21,991,200
Sec. 20-111. REVENUE SHARING
City, village, and township revenue sharing.............. $ 243,040,000 $ 243,040,000
Constitutional state general revenue sharing grants...... 832,343,800 856,858,600
County incentive program................................. 43,218,800 43,218,800
County revenue sharing................................... 175,006,700 175,006,700
Financially distressed cities, villages, or townships.... 5,000,000 5,000,000
GROSS APPROPRIATION...................................... $ 1,298,609,300 $ 1,323,124,100
Appropriated from:
Special revenue funds:
Sales tax................................................ 1,298,609,300 1,323,124,100
State general fund/general purpose....................... $ 0 $ 0
Sec. 20-112. STATE BUILDING AUTHORITY
Full-time equated classified positions.................. 3.0 3.0
State building authority-3.0 FTE positions............... $ 740,000 $ 740,000
GROSS APPROPRIATION...................................... $ 740,000 $ 740,000
Appropriated from:
Special revenue funds:
Other state restricted revenues.......................... 740,000 740,000
State general fund/general purpose....................... $ 0 $ 0
Sec. 20-113. CITY INCOME TAX ADMINISTRATION PROGRAM
Full-time equated classified positions.................. 72.0 72.0
City income tax administration-72.0 FTE positions........ $ 9,887,900 $ 9,887,900
GROSS APPROPRIATION...................................... $ 9,887,900 $ 9,887,900
Appropriated from:
Special revenue funds:
Local revenues........................................... 9,887,900 9,887,900
State general fund/general purpose....................... $ 0 $ 0
Sec. 20-114. INFORMATION TECHNOLOGY
Treasury operations information technology services
and projects............................................ $ 36,657,600 $ 36,657,600
GROSS APPROPRIATION...................................... $ 36,657,600 $ 36,657,600
Appropriated from:
Interdepartmental grant revenues:
IDG from department of transportation.................... 400,000 400,000
Federal revenues:
Other federal revenues................................... 627,800 627,800
Special revenue funds:
Local revenues........................................... 1,229,200 1,229,200
Other state restricted revenues.......................... 18,505,300 18,505,300
State general fund/general purpose....................... $ 15,895,300 $ 15,895,300
Sec. 20-115. ONE-TIME APPROPRIATIONS
Drinking water declaration of emergency.................. $ 100 $ 0
GROSS APPROPRIATION...................................... $ 100 $ 0
Appropriated from:
Special revenue funds:
Other state restricted revenues.......................... 100 0
State general fund/general purpose....................... $ 0 $ 0
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
FISCAL YEAR 2019
GENERAL SECTIONS
Sec. 20-201. Pursuant to section 30 of article IX of the state constitution of
1963, total state spending from state resources under part 1 for the fiscal year 2019
is $1,878,472,000.00 and state spending from state resources to be paid to local units
of government for fiscal year 2019 is $1,460,559,000.00. The itemized statement below
identifies appropriations from which spending to local units of government will occur:
DEPARTMENT OF TREASURY
Convention facility development distribution............................ $ 90,950,000
Emergency 911 payments.................................................. 24,894,000
Health and safety fund grants........................................... 1,500,000
Medical marihuana excise fund grants.................................... 6,534,000
Senior citizen cooperative housing tax exemption program................ 10,720,100
Commercial forest reserve............................................... 3,368,100
Purchased lands......................................................... 8,677,900
Swamp and tax reverted lands............................................ 15,305,600
City, village, and township revenue sharing............................. 243,040,000
Constitutional state general revenue sharing grants..................... 832,343,800
County incentive program................................................ 43,218,800
County revenue sharing.................................................. 175,006,700
Financially distressed cities, villages, or townships................... 5,000,000
TOTAL..................................................................... $ 1,460,559,000
Sec. 20-202. The appropriations authorized under this article are subject to the
management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594.
Sec. 20-203. As used in this article:
(a) "Department" means the department of Treasury.
(b) "Director" means the director of the department.
(c) "FTE" means full-time equated.
(d) "IDG" means interdepartmental grant.
(e) "JCOS" means the joint capital outlay subcommittee.
(f) "MEGA" means the Michigan Economic Growth Authority.
Sec. 20-204. The departments and agencies receiving appropriations in part 1
shall use the Internet to fulfill the reporting requirements of this article. This
requirement may include transmission of reports via electronic mail to the recipients
identified for each reporting requirement, or it may include placement of reports on
an Internet or Intranet site.
Sec. 20-205. Funds appropriated in part 1 shall not be used for the purchase of
foreign goods or services, or both, if competitively priced and of comparable quality
American goods or services, or both, are available. Preference shall be given to goods
or services, or both, manufactured or provided by Michigan businesses, if they are
competitively priced and of comparable quality. In addition, preference should be
given to goods or services, or both, that are manufactured or provided by Michigan
businesses owned and operated by veterans, if they are competitively priced and of
comparable quality.
Sec. 20-206. The director shall take all reasonable steps to ensure businesses in
deprived and depressed communities compete for and perform contracts to provide
services or supplies, or both. Each director shall strongly encourage firms with which
the department contracts to subcontract with certified businesses in depressed and
deprived communities for services, supplies, or both.
Sec. 20-207. The departments and agencies receiving appropriations in part 1
shall prepare a report on out-of-state travel expenses not later than January 1 of
each year. The travel report shall be a listing of all travel by classified and
unclassified employees outside this state in the immediately preceding fiscal year
that was funded in whole or in part with funds appropriated in the department's
budget. The report shall be submitted to the senate and house appropriations
committees, the house and senate fiscal agencies, and the state budget director. The
report shall include the following information:
(a) The dates of each travel occurrence.
(b) The transportation and related costs of each travel occurrence, including the
proportion funded with state general fund/general purpose revenues, the proportion
funded with state restricted revenues, the proportion funded with federal revenues,
and the proportion funded with other revenues.
Sec. 20-208. Funds appropriated in part 1 shall not be used by a principal
executive department, state agency, or authority to hire a person to provide legal
services that are the responsibility of the attorney general. This prohibition does
not apply to legal services for bonding activities and for those outside services that
the attorney general authorizes.
Sec. 20-209. Not later than November 30, the state budget office shall prepare
and transmit a report that provides for estimates of the total general fund/general
purpose appropriation lapses at the close of the prior fiscal year. This report shall
summarize the projected year-end general fund/general purpose appropriation lapses by
major departmental program or program areas. The report shall be transmitted to the
chairpersons of the senate and house appropriations committees and the senate and
house fiscal agencies.
Sec. 20-210. (1) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $1,000,000.00 for federal contingency funds.
These funds are not available for expenditure until they have been transferred to
another line item in this article under section 393(2) of the management and budget
act, 1984 PA 431, MCL 18.1393.
(2) In addition to the funds appropriated in part 1, there is appropriated an
amount not to exceed $10,000,000.00 for state restricted contingency funds. These
funds are not available for expenditure until they have been transferred to another
line item in this article under section 393(2) of the management and budget act, 1984
PA 431, MCL 18.1393.
(3) In addition to the funds appropriated in part 1, there is appropriated an
amount not to exceed $200,000.00 for local contingency funds. These funds are not
available for expenditure until they have been transferred to another line item in
this article under section 393(2) of the management and budget act, 1984 PA 431, MCL
18.1393.
(4) In addition to the funds appropriated in part 1, there is appropriated an
amount not to exceed $40,000.00 for private contingency funds. These funds are not
available for expenditure until they have been transferred to another line item in
this article under section 393(2) of the management and budget act, 1984 PA 431, MCL
18.1393.
Sec. 20-211. The department shall cooperate with the department of technology,
management and budget to maintain a searchable website accessible by the public at no
cost that includes, but is not limited to, all of the following for each department or
agency:
(a) Fiscal year-to-date expenditures by category.
(b) Fiscal year-to-date expenditures by appropriation unit.
(c) Fiscal year-to-date payments to a selected vendor, including the vendor name,
payment date, payment amount, and payment description.
(d) The number of active department employees by job classification.
(e) Job specifications and wage rates.
Sec. 20-212. Within 14 days after the release of the executive budget
recommendation, the department shall cooperate with the state budget office to provide
the senate and house appropriations chairs, the senate and house appropriations
subcommittees chairs, and the senate and house fiscal agencies with an annual report
on estimated state restricted fund balances, state restricted fund projected revenues,
and state restricted fund expenditures for the fiscal years ending September 30, 2018
and September 30, 2019.
Sec. 20-213. The department shall maintain, on a publicly accessible website, a
department scorecard that identifies, tracks and regularly updates key metrics that
are used to monitor and improve the department's performance.
Sec. 20-214. Total authorized appropriations from all department sources under
part 1 for legacy costs for the fiscal year ending September 30, 2019 are
$44,037,800.00. From this amount, total agency appropriations for pension-related
legacy costs are estimated at $20,302,200.00. Total agency appropriations for retiree
health care legacy costs are estimated at $23,735,600.00.
Sec. 20-215. Funds appropriated in part 1 shall not be used by the state, a
department, an agency, or an authority of this state to purchase an ownership interest
in a casino enterprise or a gambling operation as those terms are defined in the
Michigan gaming control and revenue act, 1996 IL 1, MCL 432.201 to 432.226.
DEPARTMENT OF TREASURY OPERATIONS
Sec. 20-902. (1) Amounts needed to pay for interest, fees, principal, mandatory
and optional redemptions, arbitrage rebates as required by federal law, and costs
associated with the payment, registration, trustee services, credit enhancements, and
issuing costs in excess of the amount appropriated to the department in part 1 for
debt service on notes and bonds that are issued by the state under sections 14, 15,
and 16 of article IX of the state constitution of 1963 as implemented by 1967 PA 266,
MCL 17.451 to 17.455, are appropriated.
(2) In addition to the amount appropriated to the department for debt service in
part 1, there is appropriated an amount for fiscal year cash-flow borrowing costs to
pay for interest on interfund borrowing made under 1967 PA 55, MCL 12.51 to 12.53.
(3) In addition to the amount appropriated to the department for debt service in
part 1, there is appropriated all repayments received by the state on loans made from
the school bond loan fund not required to be deposited in the school loan revolving
fund by or pursuant to section 4 of 1961 PA 112, MCL 388.984, to the extent determined
by the state treasurer, for the payment of debt service, including, without
limitation, optional and mandatory redemptions, on bonds, notes or commercial paper
issued by the state pursuant to 1961 PA 112, MCL 388.981 to 388.985.
Sec. 20-903. (1) From the funds appropriated in part 1, the department may
contract with private collection agencies and law firms to collect taxes and other
accounts due this state. In addition to the amounts appropriated in part 1 to the
department, there are appropriated amounts necessary to fund collection costs and fees
not to exceed 25% of the collections or 2.5% plus operating costs, whichever amount is
prescribed by each contract. The appropriation to fund collection costs and fees for
the collection of taxes or other accounts due this state are from the fund or account
to which the revenues being collected are recorded or dedicated. However, if the taxes
collected are constitutionally dedicated for a specific purpose, the appropriation of
collection costs and fees are from the general purpose account of the general fund.
(2) From the funds appropriated in part 1, the department may contract with
private collections agencies and law firms to collect defaulted student loans and
other accounts due the Michigan guaranty agency. In addition to the amounts
appropriated in part 1 to the department, there are appropriated amounts necessary to
fund collection costs and fees not to exceed 24.34% of the collection or a lesser
amount as prescribed by the contract. The appropriation to fund collection costs and
fees for the auditing and collection of defaulted student loans due the Michigan
guaranty agency is from the fund or account to which the revenues being collected are
recorded or dedicated.
(3) The department shall submit a report for the immediately preceding fiscal
year ending September 30 to the state budget director, the senate and house of
representatives standing committees on appropriations, and the chairpersons of the
relevant appropriations subcommittees, not later than November 30 stating the agencies
or law firms employed, the amount of collections for each, the costs of collection,
and other pertinent information relating to determining whether this authority should
be continued.
Sec. 20-904. (1) The department, through its bureau of investments, may charge an
investment service fee against the applicable retirement funds. The fees may be
expended for necessary salaries, wages, contractual services, supplies, materials,
equipment, travel, worker's compensation insurance premiums, and grants to the civil
service commission and state employees' retirement funds. Service fees shall not
exceed the aggregate amount appropriated in part 1. The department shall maintain
accounting records in sufficient detail to enable the retirement funds to be
reimbursed periodically for fee revenue that is determined by the department to be
surplus.
(2) In addition to the funds appropriated in part 1 from the retirement funds to
the department, there is appropriated from retirement funds an amount sufficient to
pay for the services of money managers, investment advisors, investment consultants,
custodians, and other outside professionals, the state treasurer considers necessary
to prudently manage the retirement funds' investment portfolios. The state treasurer
shall report annually to the senate and house of representatives standing committees
on appropriations, the chairpersons of the relevant appropriations subcommittees, and
the state budget office concerning the performance of each portfolio by investment
advisor.
Sec. 20-904a. (1) There is appropriated an amount sufficient to recognize and pay
expenditures for financial services provided by financial institutions or equivalent
vendors that perform these services including treasury as provided under section 1 of
1861 PA 111, MCL 21.181.
(2) The appropriations under subsection (1) shall be funded by restricting
revenues from common cash interest earnings and investment earnings in an amount
sufficient to record these expenditures. If the amounts of common cash interest
earnings are insufficient to cover these costs, then miscellaneous revenues shall be
used to fund the remaining balance of these expenditures.
Sec. 20-905. A revolving fund known as the municipal finance fee fund is created
in the department. Fees are established under the revised municipal finance act, 2001
PA 34, MCL 141.2101 to 141.2821, and the fees collected shall be credited to the
municipal finance fee fund and may be carried forward for future appropriation.
Sec. 20-906. (1) The department shall charge for audits as permitted by state or
federal law or under contractual arrangements with local units of government, other
principal executive departments, or state agencies. However, the charge shall not be
more than the actual cost for performing the audit. A report detailing audits
performed and audit charges for the immediately preceding fiscal year shall be
submitted to the state budget director, the chairpersons of the relevant
appropriations subcommittees, and the senate and house fiscal agencies not later than
November 30.
(2) A revolving fund known as the audit charges fund is created in the
department. The contractual charges collected shall be credited to the audit charges
fund and may be carried forward for future appropriation.
Sec. 20-907. A revolving fund known as the assessor certification and training
fund is created in the department. The assessor certification and training fund shall
be used to organize and operate a property assessor certification and training
program. Each participant certified and trained shall pay to the department
examination fees not to exceed $50.00 per examination and certification fees not to
exceed $175.00. Training courses shall be offered in assessment administration. Each
participant shall pay a fee to cover the expenses incurred in offering the optional
programs to certified assessing personnel and other individuals interested in an
assessment career opportunity. The fees collected shall be credited to the assessor
certification and training fund.
Sec. 20-908. The amount appropriated in part 1 to the department, home heating
assistance program, is to cover the costs, including data processing, of administering
federal home heating credits to eligible claimants and to administer the supplemental
fuel cost payment program for eligible tax credit and welfare recipients.
Sec. 20-909. Revenue from the airport parking tax act, 1987 PA 248, MCL 207.371
to 207.383, is appropriated and shall be distributed under section 7a of the airport
parking tax act, 1987 PA 248, MCL 207.377a.
Sec. 20-910. The disbursement by the department from the bottle deposit fund to
dealers as required by section 3c(2) of 1976 IL 1, MCL 445.573c, is appropriated.
Sec. 20-911. There is appropriated an amount sufficient to recognize and pay
refundable income tax credits as provided by law.
Sec. 20-912. A plaintiff in a garnishment action involving this state shall pay
to the state treasurer 1 of the following:
(a) A fee of $6.00 at the time a writ of garnishment of periodic payments is
served upon the state treasurer, as provided in section 4012 of the revised judicature
act of 1961, 1961 PA 236, MCL 600.4012.
(b) A fee of $6.00 at the time any other writ of garnishment is served upon the
state treasurer, except that the fee shall be reduced to $5.00 for each writ of
garnishment for individual income tax refunds or credits filed by magnetic media.
Sec. 20-913. (1) The department may contract with private firms to appraise and,
if necessary, appeal the assessments of senior citizen cooperative housing units.
Payment for this service shall be from savings resulting from the appraisal or appeal
process.
(2) Of the funds appropriated in part 1 to the department for the senior
citizens' cooperative housing tax exemption program, a portion may be utilized for a
program audit of the program. The department shall forward copies of any audit report
completed to the senate and house of representatives standing committees on
appropriations subcommittees on general government and to the state budget office. The
department may utilize up to 1% of the funds for program administration and auditing.
Sec. 20-914. The department may provide a $200.00 annual prize from the Ehlers
internship award account in the gifts, bequests, and deposit fund to the runner-up of
the Rosenthal prize for interns. The Ehlers internship award account is interest
bearing.
Sec. 20-915. Pursuant to section 61 of the Michigan campaign finance act, 1976 PA
388, MCL 169.261, there is appropriated from the general fund to the state campaign
fund an amount equal to the amounts designated for tax year 2016. Except as otherwise
provided in this section, the amount appropriated shall not revert to the general fund
and shall remain in the state campaign fund. Any amounts remaining in the state
campaign fund in excess of $10,000,000.00 on December 31 shall revert to the general
fund.
Sec. 20-916. The department may make available to interested entities otherwise
unavailable customized unclaimed property listings of nonconfidential information in
its possession. The charge for this information is as follows: 1 to 100,000 records at
2.5 cents per record and 100,001 or more records at .5 cents per record. The revenue
received from this service shall be deposited to the appropriate revenue account or
fund. The department shall submit an annual report on or before June 1 to the state
budget director and the senate and house of representatives standing committees on
appropriations that states the amount of revenue received from the sale of
information.
Sec. 20-917. (1) There is appropriated for write-offs and advances an amount
equal to total write-offs and advances for departmental programs, but not to exceed
current year authorizations that would otherwise lapse to the general fund.
(2) The department shall submit a report for the immediately preceding fiscal
year to the state budget director, the chairpersons of the relevant appropriations
subcommittees, and the senate and house fiscal agencies not later than November 30
stating the amounts appropriated for write-offs and advances under subsection (1).
Sec. 20-919. (1) From funds appropriated in part 1, the department may contract
with private auditing firms to audit for and collect unclaimed property due this state
in accordance with the uniform unclaimed property act, 1995 PA 29, MCL 567.221 to
567.265. In addition to the amounts appropriated in part 1 to the department, there
are appropriated amounts necessary to fund auditing and collection costs and fees not
to exceed 12% of the collections, or a lesser amount as prescribed by the contract.
The appropriation to fund collection costs and fees for the auditing and collection of
unclaimed property due this state is from the fund or account to which the revenues
being collected are recorded or dedicated.
(2) The department shall submit a report for the immediately preceding fiscal
year ending September 30 to the state budget director, the senate and house of
representatives standing committees on appropriations, and the chairpersons of the
relevant appropriations subcommittees not later than November 30 stating the auditing
firms employed, the amount of collections for each, the costs of collection, and other
pertinent information relating to determining whether this authority should be
continued.
Sec. 20-920. (1) The department shall produce a listing of all personal property
tax reimbursement payments distributed by the local community stabilization authority
in the current fiscal year and shall post the list of payments on the department
website by September 30.
(2) The department shall prepare a written notice that describes the potential
for adjustments in personal property tax reimbursement payments that will affect the
subsequent payment. The department shall provide the notice to the local community
stabilization authority by March 31.
(3) The local community stabilization authority shall distribute the notice
prepared under subsection (2) to all municipalities by April 30. The notice may be
distributed electronically.
Sec. 20-924. (1) In addition to the funds appropriated in part 1, the department
may receive and expend principal residence audit fund revenue for administration of
principal residence audits under the general property tax act, 1893 PA 206, MCL 211.1
to 211.155.
(2) The department shall submit a report for the immediately preceding fiscal
year to the state budget director, the chairpersons of the relevant appropriations
subcommittees, and the senate and house fiscal agencies not later than December 31
stating the amount of exemptions denied and the revenue received under the program.
Sec. 20-926. The unexpended funds appropriated in part 1 for the John R. Justice
grant program are designated as work project appropriations, and any unencumbered
funds shall not lapse at the end of the fiscal year and shall be available for
expenditures for projects under this section until the projects have been completed.
The following is in compliance with section 451a of the management and budget act,
1984 PA 431, MCL 18.1451a:
(a) The purpose of the project is to provide student loan forgiveness to
qualified public defenders and prosecutors.
(b) The project will be accomplished by utilizing state employees or contracts
with private vendors, or both.
(c) The total estimated cost of the project is $288,100.00.
(d) The tentative completion date is September 30, 2020.
Sec. 20-927. The department shall submit annual progress reports to the senate
and house of representatives standing committees on appropriations subcommittees on
general government and the senate and house fiscal agencies, regarding 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. 20-928. The department may provide receipt, check, and cash processing,
data, collection, investment, fiscal agent, levy and warrant cost assessment, writ of
garnishment, and other user services on a contractual basis for other principal
executive departments and state agencies. Funds for the services provided are
appropriated and shall be expended for salaries and wages, fees, supplies, and
equipment necessary to provide the services. Any unobligated balance of the funds
received shall revert to the general fund of this state as of September 30.
Sec. 20-930. (1) The department shall provide accounts receivable collections
services to other principal executive departments and state agencies under 1927 PA
375, MCL 14.131 to 14.134. The department shall deduct a fee equal to the cost of
collections from all receipts except unrestricted general fund collections. Fees shall
be credited to a restricted revenue account and appropriated to the department to pay
for the cost of collections. The department shall maintain accounting records in
sufficient detail to enable the respective accounts to be reimbursed periodically for
fees deducted that are determined by the department to be surplus to the actual cost
of collections.
(2) The department shall submit a report for the immediately preceding fiscal
year to the state budget director, the chairpersons of the relevant appropriations
subcommittees, and the senate and house fiscal agencies not later than November 30
stating the principal executive departments and state agencies served, funds
collected, and costs of collection under subsection (1).
Sec. 20-931. (1) The appropriation in part 1 to the department for treasury fees
shall be assessed against all restricted funds that receive common cash earnings or
other investment income. Treasury fees include all costs, including administrative
overhead, relating to the investment of each restricted fund. The fee assessed against
each restricted fund will be based on the size of the restricted fund (the absolute
value of the average daily cash balance plus the market value of investments in the
prior fiscal year) and the level of effort necessary to maintain the restricted fund
as required by each department. The department shall provide a report to the state
budget 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 may receive
and expend investment fees relating to new restricted funding sources that participate
in common cash earnings or other investment income during the current fiscal year.
When a new restricted fund is created starting on or after October 1, that restricted
fund shall be assessed a fee using the same criteria identified in subsection (1).
Sec. 20-932. Revenue received under the Michigan education trust act, 1986 PA
316, MCL 390.1421 to 390.1442, may be expended by the board of directors of the
Michigan education trust for necessary salaries, wages, supplies, contractual
services, equipment, worker's compensation insurance premiums, and grants to the civil
service commission and state employees' retirement fund.
Sec. 20-934. (1) The department may expend revenues received under the hospital
finance authority act, 1969 PA 38, MCL 331.31 to 331.84, the shared credit rating act,
1985 PA 227, MCL 141.1051 to 141.1076, the higher education facilities authority act,
1969 PA 295, MCL 390.921 to 390.934, the Michigan public educational facilities
authority, Executive Reorganization Order No. 2002-3, MCL 12.192, the Michigan tobacco
settlement finance authority act, 2005 PA 226, MCL 129.261 to 129.279, the land bank
fast track act, 2003 PA 258, MCL 124.751 to 124.774, part 505 of the natural resources
and environmental protection act, 1994 PA 451, MCL 324.50501 to 324.50522, the state
housing development authority act of 1966, 1966 PA 346, MCL 125.1401 to 125.1499c, and
the Michigan finance authority, Executive Reorganization Order No. 2010-2, MCL 12.194,
for necessary salaries, wages, supplies, contractual services, equipment, worker's
compensation insurance premiums, grants to the civil service commission and state
employees' retirement fund, and other expenses as allowed under those acts.
(2) The department shall report by January 31 to the senate and house
appropriations subcommittees on general government, the senate and house fiscal
agencies, and the state budget director on the amount and purpose of expenditures made
under subsection (1) from funds received in addition to those appropriated in part 1.
The report shall also include a listing of reimbursement of revenue, if any. The
report shall cover the previous fiscal year.
Sec. 20-935. The funds appropriated in part 1 for dual enrollment payments for an
eligible student enrolled in a state-approved nonpublic school shall be distributed as
provided under the postsecondary enrollment options act, 1996 PA 160, MCL 388.511 to
388.524, and the career and technical preparation act, 2000 PA 258, MCL 388.1901 to
388.1913, in a form and manner as determined by the department.
Sec. 20-937. From the funds appropriated in part 1, the department shall submit a
report to the state budget director, the senate and house standing committees on
appropriations, the chairpersons of the relevant appropriations subcommittees, and the
senate and house fiscal agencies not later than March 31 regarding the performance of
the Michigan accounts receivable collections system. The report shall include, but is
not limited to:
(a) Information regarding the effectiveness of the department's current
collection strategies, including use of vendors or contractors.
(b) The amount of delinquent accounts and collection referrals to vendors and
contractors.
(c) The liquidation rates for declining delinquent accounts.
(d) The profile of uncollected delinquent accounts, including specific
uncollected amounts by category.
(e) The department's strategy to manage delinquent accounts once those accounts
exceed the vendor's or contractor's contracted collectible period.
(f) A summary of the strategies used in other states, including, but not limited
to, secondary placement services, and assessing the benefits of those strategies.
Sec. 20-941. (1) The department, in conjunction with the Michigan strategic fund,
shall report to the senate and house of representatives standing committees on
appropriations, the senate and house of representatives appropriations subcommittees
on general government, the senate and house fiscal agencies, and the state budget
office by November 1 on the annual cost of the Michigan economic growth authority tax
credits. The report shall include for each year the board-approved credit amount,
adjusted for credit amendments where applicable, and the actual and projected value of
tax credits for each year from 1995 to the expiration of the credit program. For years
for which credit claims are complete, the report shall include the total of actual
certificated credit amounts. For years for which claims are still pending or not yet
submitted, the report shall include a combination of actual credits where available
and projected credits. Credit projections shall be based on updated estimates of
employees, wages, and benefits for eligible companies.
(2) In addition to the report under subsection (1), the department, in
conjunction with the Michigan strategic fund, shall report to the senate and house of
representatives standing committees on appropriations, the senate and house of
representatives appropriations subcommittees on general government, the senate and
house fiscal agencies, and the state budget office by November 1 on the annual cost of
all other certificated credits by program, for each year until the credits expire or
can no longer be collected. The report shall include estimates on the brownfield
redevelopment credit, film credits, MEGA photovoltaic technology credit, MEGA
polycrystalline silicon manufacturing credit, MEGA vehicle battery credit, and other
certificated credits.
Sec. 20-942. As a condition of receiving funds appropriated in part 1 for
supervision of the general property tax law, the department shall prioritize
maintaining existing contracts related to the property services division.
Sec. 20-944. If the department hires a pension plan consultant using any of the
funds appropriated in part 1, the department shall retain any report provided to the
department by that consultant and shall make that report available to the senate and
house of representatives standing committees on appropriations subcommittee on general
government, the senate and house fiscal agencies, and the state budget director.
Sec. 20-945. Reviews of local unit assessment administration practices,
procedures, and records, also known as the audit of minimal assessing requirements,
shall be conducted in each assessment jurisdiction a minimum of once every 5 years.
Sec. 20-946. Revenue collected in the convention facility development fund is
appropriated and shall be distributed under sections 8, 9, and 10 of the state
convention facility development act, 1985 PA 106, MCL 207.628, 207.629, and 207.630.
Sec. 20-947. Financial independence teams shall cooperate with the financial
responsibility section to coordinate and streamline efforts in identifying and
addressing fiscal emergencies in school districts and intermediate school districts.
Sec. 20-949. (1) From the funds appropriated in part 1, the department may
contract with private agencies to prevent the disbursement of fraudulent tax refunds.
In addition to the amounts appropriated in part 1 to the department, there are
appropriated amounts necessary to pay contract costs or fund operations designed to
reduce fraudulent income tax refund payments not to exceed $1,200,000.00 of the
refunds identified as potentially fraudulent and for which payment of the refund is
denied. The appropriation to fund fraud prevention efforts is from the fund or account
to which the revenues being collected are recorded or dedicated.
(2) The department shall submit a report for the immediately preceding fiscal
year ending September 30 to the state budget director, the senate and house of
representatives standing committees on appropriations, and the chairpersons of the
relevant appropriations subcommittees not later than November 30 stating the number of
refund claims denied due to the fraud prevention operations, the amount of refunds
denied, the costs of the fraud prevention operations, and other pertinent information
relating to determining whether this authority should be continued.
Sec. 20-949a. From the funds appropriated in part 1 for additional staff in city
income tax administration, the department shall expand city income tax return
administration to 1 additional city to leverage the department's capabilities to
assist cities with their taxation efforts.
Sec. 20-949d. (1) From the funds appropriated in part 1 for financial review
commission, the department shall continue financial review commission efforts in the
current fiscal year. The purpose of the funding is to cover ongoing costs associated
with the operation of the commission.
(2) The department shall identify specific outcomes and performance measures for
this initiative, including, but not limited to, the department's ability to perform a
critical fiscal review to ensure the city of Detroit does not reenter distress
following its exit from bankruptcy and to ensure that the community district does not
enter distress and maintains a balanced budget.
(3) The department must submit a report to the house and senate appropriations
subcommittees on general government, the senate and house fiscal agencies, and the
state budget director by March 15. The report must describe the specific outcomes and
measures required in subsection (1) and provide the results and data related to these
outcomes and measures.
Sec. 20-949e. From the funds appropriated in part 1 for the state essential
services assessment program, the department shall administer the state essential
services assessment program. The program will provide the department the ability to
collect the state essential services assessment which is a phased-in replacement of
locally collected personal property taxes on eligible manufacturing personal property.
Sec. 20-949f. Revenue from the tobacco products tax act, 1993 PA 327, MCL 205.421
to 205.436, related to counties with a 2000 population of more than 2,000,000 is
appropriated and shall be distributed under section 12(4)(d) of the tobacco products
tax act, 1993 PA 327, MCL 205.432.
Sec. 20-949h. Revenue from part 6 of the medical marihuana facilities licensing
act, 2016 PA 281, MCL 333.27601 to 333.27605, is appropriated and distributed pursuant
to part 6 of the medical marihuana facilities licensing act, 2016 PA 281, MCL
333.27601 to 333.27605.
Sec. 20-949j. All funds in the wrongful imprisonment compensation fund created in
the wrongful imprisonment compensation act, 2016 PA 343, MCL 691.1751 to 691.1757, are
appropriated and available for expenditure. Expenditures are limited to support
wrongful imprisonment compensation payments pursuant to section 6 of the wrongful
imprisonment compensation act, 2016 PA 343, MCL 691.1756.
Sec. 20-949k. There is appropriated an amount sufficient to recognize and pay an
amount equal to the capture tax revenues due under approved transformational
Brownfield plans, as provided by law.
REVENUE SHARING
Sec. 20-950. The funds appropriated in part 1 for constitutional revenue sharing
shall be distributed by the department to cities, villages, and townships, as required
under section 10 of article IX of the state constitution of 1963. Revenue collected in
accordance with section 10 of article IX of the state constitution of 1963 in excess
of the amount appropriated in part 1 for constitutional revenue sharing is
appropriated for distribution to cities, villages, and townships, on a population
basis as required under section 10 of article IX of the state constitution of 1963.
Sec. 20-952. (1) The funds appropriated in part 1 for city, village, and township
revenue sharing are for grants to cities, villages, and townships such that, subject
to fulfilling the requirements under subsection (3), each city, village, or township
that received a payment under section 950(2) of 2009 PA 128 greater than $4,500.00 is
eligible to receive a payment equal to 78.51044% of its total payment received under
section 950(2) of 2009 PA 128, rounded to the nearest dollar. For purposes of this
subsection, any city, village, or township that completely merges with another city,
village, or township will be treated as a single entity, such that when determining
the eligible payment under section 950(2) of 2009 PA 128 for the combined single
entity, the amount each of the merging local units was eligible to receive under
section 950(2) of 2009 PA 128 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 950(2) of 2009 PA 128.
(2) The funds appropriated in part 1 for the county incentive program are to be
used for grants to counties such that each county is eligible to receive an amount
equal to 20% of the amount by which the balance in its revenue sharing reserve fund
under section 44a of the general property tax act, 1893 PA 206, MCL 211.44a, for the
county's most recent fiscal year that ends prior to the January 1 of the state's
fiscal year is less than the amount calculated under section 44a(14) of the general
property tax act, 1893 PA 206, MCL 211.44a, for the county fiscal year that begins in
the state's fiscal year. The amount calculated under this subsection shall be adjusted
as necessary to reflect partial county fiscal years and prorated based on the total
amount appropriated for distribution to all eligible counties. Except as otherwise
provided under this subsection, payments under this subsection will be distributed to
an eligible county subject to the county's fulfilling the requirements under
subsection (3).
(3) For purposes of accountability and transparency, each eligible city, village,
township, or county shall certify by December 1, or the first day of a payment month,
that it has produced a citizen's guide of its most recent local finances, including a
recognition of its unfunded liabilities; a performance dashboard; a debt service
report containing a detailed listing of its debt service requirements, including, at a
minimum, the issuance date, issuance amount, type of debt instrument, a listing of all
revenues pledged to finance debt service by debt instrument, and a listing of the
annual payment amounts until maturity; and a projected budget report, including, at a
minimum, the current fiscal year and a projection for the immediately following fiscal
year. The projected budget report shall include revenues and expenditures and an
explanation of the assumptions used for the projections. Each eligible city, village,
township, or county shall include in any mailing of general information to its
citizens the internet website address location for its citizen's guide, performance
dashboard, debt service report, and projected budget report or the physical location
where these documents are available for public viewing in the city, village, township,
or county clerk's office. Each city, village, township, and county applying for a
payment under this subsection shall submit a copy of the performance dashboard, a copy
of the debt service report, and a copy of the projected budget report to the
department. In addition, each eligible city, village, township, or county applying for
a payment under this subsection shall either submit a copy of the citizen's guide or
certify that the city, village, township, or county will be utilizing treasury's
online citizen's guide. The department shall develop detailed guidance for a city,
village, township, or county to follow to meet the requirements of this subsection.
The detailed guidance shall be posted on the department website and distributed to
cities, villages, townships, and counties by October 1.
(4) City, village, and township revenue sharing payments and county incentive
program payments are subject to the following conditions:
(a) The city, village, township, or county shall certify to the department that
it has met the required criteria for subsection (3) and submitted the required
citizen's guide, performance dashboard, debt service report, and projected budget
report as required by subsection (3). A department review of the citizen's guide,
dashboard, or reports is not required in order for a city, village, township, or
county to receive a payment under subsection (1) or (2). The department shall develop
a certification process and method for cities, villages, townships, and counties to
follow.
(b) Subject to subdivisions (c), (d), and (e), if a city, village, township, or
county meets the requirements of subsection (3), the city, village, township, or
county shall receive its full potential payment under this section.
(c) Cities, villages, and townships eligible to receive a payment under
subsection (1) shall receive 1/6 of their eligible payment on the last business day of
October, December, February, April, June, and August. Payments under subsection (1)
shall be issued to cities, villages, and townships until the specified due date for
subsection (3). After the specified due date for subsection (3), payments shall be
made to a city, village, or township only if that city, village, or township has
complied with subdivision (a).
(d) Payments under subsection (2) shall be issued to counties until the specified
due date for subsection (3). After the specified due date for subsection (3), payments
shall be made to a county only if that county has complied with subdivision (a).
(e) If a city, village, township, or county does not submit the required
certification, citizen's guide, performance dashboard, debt service report, and
projected budget report by the first day of a payment month, the city, village,
township, or county shall forfeit the payment in that payment month.
(f) Any city, village, township, or county that falsifies certification documents
shall forfeit any future city, village, and township revenue sharing payments or
county incentive program payments and shall repay to this state all payments it has
received under this section.
(g) City, village, and township revenue sharing payments and county incentive
program payments under this section shall be distributed on the last business day of
October, December, February, April, June, and August.
(h) Payments distributed under this section may be withheld pursuant to sections
17a and 21 of the Glenn Steil state revenue sharing act of 1971, 1971 PA 140, MCL
141.917a and 141.921.
(5) The unexpended funds appropriated in part 1 for city, village, and township
revenue sharing and the county incentive program shall be available for expenditure
under the program for financially distressed cities, villages, or townships after the
approval of transfers by the legislature pursuant to section 393(2) of the management
and budget act, 1984 PA 431, MCL 18.1393.
Sec. 20-955. (1) The funds appropriated in part 1 for county revenue sharing
shall be distributed by the department so that each eligible county receives a payment
equal to 100.986% of the amount determined pursuant to the Glenn Steil state revenue
sharing act of 1971, 1971 PA 140, MCL 141.901 to 141.921, less the amount for which
the county is eligible under section 952(2) of this part. The amount calculated under
this subsection shall be adjusted as necessary to reflect partial county fiscal years
and prorated based on the total amount appropriated for distribution to all eligible
counties.
(2) The department shall annually certify to the state budget director the amount
each county is authorized to expend from its revenue sharing reserve fund.
Sec. 20-956. (1) The funds appropriated in part 1 for financially distressed
cities, villages, or townships shall be granted by the department to cities, villages,
and townships that have 1 or more conditions that indicate probable financial
distress, as determined by the department. A city, village, or township with 1 or more
conditions that indicate probable financial distress may apply in a manner determined
by the department for a grant to pay for specific projects or services that move the
city, village, or township toward financial stability. Grants are to be used for
specific projects or services that move the city, village, or township toward
financial stability. The city, village, or township must use the grants under this
section to make payments to reduce unfunded accrued liability; to repair or replace
critical infrastructure and equipment owned or maintained by the city, village, or
township; to reduce debt obligations; or for costs associated with a transition to
shared services with another jurisdiction; or to administer other projects that move
the city, village, or township toward financial stability. The department shall award
no more than $2,000,000.00 to any city, village, or township under this section.
(2) The department shall provide a report to the senate and house of
representatives appropriations subcommittees on general government, the senate and
house fiscal agencies, and the state budget office by March 31. The report shall
include a list by grant recipient of the date each grant was approved, the amount of
the grant, and a description of the project or projects that will be paid by the
grant.
(3) The unexpended funds appropriated in part 1 for financially distressed
cities, villages, or townships are designated as a work project appropriation, and any
unencumbered or unallotted funds shall not lapse at the end of the fiscal year and
shall be available for expenditures for projects under this section until the projects
have been completed. The following is in compliance with section 451a of the
management and budget act, 1984 PA 431, MCL 18.1451a:
(a) The purpose of the project is to provide 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, 2023.
BUREAU OF STATE LOTTERY
Sec. 20-960. In addition to the funds appropriated in part 1 to the bureau of
state lottery, there is appropriated from state lottery fund revenues the amount
necessary for, and directly related to, implementing and operating lottery games under
the McCauley-Traxler-Law-Bowman-McNeely lottery act, 1972 PA 239, MCL 432.1 to 432.47,
and activities under the Traxler-McCauley-Law-Bowman bingo act, 1972 PA 382, MCL
432.101 to 432.120, including expenditures for contractually mandated payments for
vendor commissions, contractually mandated payments for instant tickets intended for
resale, the contractual costs of providing and maintaining the online system
communications network, and incentive and bonus payments to lottery retailers.
Sec. 20-964. For the bureau of state lottery, there is appropriated 1% of the
lottery's prior fiscal year's gross sales for promotion and advertising.
CASINO GAMING
Sec. 20-971. From the revenue collected by the Michigan gaming control board
regarding the total annual assessment of each casino licensee, $2,000,000.00 is
appropriated and shall be deposited in the compulsive gaming prevention fund as
described in section 12a(5) of the Michigan gaming control and revenue act, 1996 IL 1,
MCL 432.212a.
Sec. 20-973. (1) Funds appropriated in part 1 for local government programs may
be used to provide assistance to a local revenue sharing board referenced in an
agreement authorized by the Indian gaming regulatory act, Public Law 100 497.
(2) A local revenue sharing board described in subsection (1) shall comply with
the open meetings act, 1976 PA 267, MCL 15.261 to 15.275, and the freedom of
information act, 1976 PA 442, MCL 15.231 to 15.246.
(3) A county treasurer is authorized to receive and administer funds received for
and on behalf of a local revenue sharing board. Funds appropriated in part 1 for local
government programs may be used to audit local revenue sharing board funds held by a
county treasurer. This section does not limit the ability of local units of government
to enter into agreements with federally recognized Indian tribes to provide financial
assistance to local units of government or to jointly provide public services.
(4) A local revenue sharing board described in subsection (1) shall comply with
all applicable provisions of any agreement authorized by the Indian gaming regulatory
act, Public Law 100-497, in which the local revenue sharing board is referenced,
including, but not limited to, the disbursal of tribal casino payments received under
applicable provisions of the tribal-state class III gaming compact in which those
funds are received.
(5) The director of the department of state police and the executive director of
the Michigan gaming control board are authorized to assist the local revenue sharing
boards in determining allocations to be made to local public safety organizations.
(6) The Michigan gaming control board shall submit a report by September 30 to
the senate and house of representatives standing committees on appropriations and the
state budget director on the receipts and distribution of revenues by local revenue
sharing boards.
Sec. 20-974. If revenues collected in the state services fee fund are less than
the amounts appropriated from the fund, available revenues shall be used to fully fund
the appropriation in part 1 for casino gaming regulation activities before
distributions are made to other state departments and agencies. If the remaining
revenue in the fund is insufficient to fully fund appropriations to other state
departments or agencies, the shortfall shall be distributed proportionally among those
departments and agencies.
Sec. 20-976. The executive director of the Michigan gaming control board may pay
rewards of not more than $5,000.00 to a person who provides information that results
in the arrest and conviction on a felony or misdemeanor charge for a crime that
involves the horse racing industry. A reward paid pursuant to this section shall be
paid out of the appropriation in part 1 for the racing commission.
Sec. 20-977. All appropriations from the Michigan agriculture equine industry
development fund, except for the racing commission appropriations, shall be reduced
proportionately if revenues to the Michigan agriculture equine industry development
fund decline during the current fiscal year to a level lower than the amount
appropriated in part 1.
Sec. 20-978. The Michigan gaming control board shall use actual expenditure data
in determining the actual regulatory costs of conducting racing dates and shall
provide that data to the senate and house appropriations subcommittees on agriculture
and general government, the state budget office, and the senate and house fiscal
agencies. The Michigan gaming control board shall not be reimbursed for more than the
actual regulatory cost of conducting race dates. Prior to the reduction in the number
of authorized race dates due to budget deficits, the executive director of the
Michigan gaming control board shall provide notice to the certified horsemen's
organizations with an opportunity to respond with alternatives. In determining actual
costs, the Michigan gaming control board shall take into account that each specific
breed may require different regulatory mechanisms.
Sec. 20-979. In addition to the funds appropriated in part 1, the Michigan gaming
control board may receive and expend state lottery fund revenue in an amount not to
exceed $3,000,000.00 for necessary expenses incurred in the licensing and regulation
of millionaire parties pursuant to Executive Order No. 2012-4. In accordance with
section 8 of the Traxler-McCauley-Law-Bowman bingo act, 1972 PA 382, MCL 432.108, the
amount of necessary expenses shall not exceed the amount of revenue received under
that act. The Michigan gaming control board shall provide a report to the senate and
house of representatives appropriations subcommittees on general government, the
senate and house fiscal agencies, and the state budget office by April 15. The report
shall include, but not be limited to, total expenditures related to the licensing and
regulating of millionaire parties, steps taken to ensure charities are receiving
revenue due to them, progress on promulgating rules to ensure compliance with the
Traxler-McCauley-Law-Bowman bingo act, 1972 PA 382, MCL 432.101 to 432.120, and any
enforcement actions taken.
STATE BUILDING AUTHORITY
Sec. 20-1100. (1) Subject to section 242 of the management and budget act, 1984
PA 431, MCL 18.1242, and upon the approval of the state building authority, the
department may expend from the general fund of the state during the fiscal year an
amount to meet the cash flow requirements of those state building authority projects
solely for lease to a state agency identified in both part 1 and this section, and for
which state building authority bonds or notes have not been issued, and for the sole
acquisition by the state building authority of equipment and furnishings for lease to
a state agency as permitted by 1964 PA 183, MCL 830.411 to 830.425, for which the
issuance of bonds or notes is authorized by a legislative appropriation act that is
effective for the immediately preceding fiscal year. Any general fund advances for
which state building authority bonds have not been issued shall bear an interest cost
to the state building authority at a rate not to exceed that earned by the state
treasurer's common cash fund during the period in which the advances are outstanding
and are repaid to the general fund of the state.
(2) Upon sale of bonds or notes for the projects identified in part 1 or for
equipment as authorized by a legislative appropriation act and in this section, the
state building authority shall credit the general fund of the state an amount equal to
that expended from the general fund plus interest, if any, as defined in this section.
(3) For state building authority projects for which bonds or notes have been
issued and upon the request of the state building authority, the state treasurer shall
make advances without interest from the general fund as necessary to meet cash flow
requirements for the projects, which advances shall be reimbursed by the state
building authority when the investments earmarked for the financing of the projects
mature.
(4) In the event that a project identified in part 1 is terminated after final
design is complete, advances made on behalf of the state building authority for the
costs of final design shall be repaid to the general fund in a manner recommended by
the director.
Sec. 20-1102. (1) State building authority funding to finance construction or
renovation of a facility that collects revenue in excess of money required for the
operation of that facility shall not be released to a university or community college
unless the institution agrees to reimburse that excess revenue to the state building
authority. The excess revenue shall be credited to the general fund to offset rent
obligations associated with the retirement of bonds issued for that facility. The
auditor general shall annually identify and present an audit of those facilities that
are subject to this section. Costs associated with the administration of the audit
shall be charged against money recovered pursuant to this section.
(2) As used in this section, "revenue" includes state appropriations, facility
opening money, other state aid, indirect cost reimbursement, and other revenue
generated by the activities of the facility.
Sec. 20-1103. The state building authority shall provide to the JCOS and senate
and house fiscal agencies a report relative to the status of construction projects
associated with state building authority bonds as of September 30 of each year, on or
before October 15, or not more than 30 days after a refinancing or restructuring bond
issue is sold. The report shall include, but is not limited to, the following:
(a) A list of all completed construction projects for which state building
authority bonds have been sold, and which bonds are currently active.
(b) A list of all projects under construction for which sale of state building
authority bonds is pending.
(c) A list of all projects authorized for construction or identified in an
appropriations act for which approval of schematic/preliminary plans or total
authorized cost is pending that have state building authority bonds identified as a
source of financing.
Article 21
MISCELLANEOUS
PART 1
PROVISIONS CONCERNING APPROPRIATIONS
Sec. 21-101. The appropriations in this article are subject to the following
provisions concerning appropriations for the fiscal year ending September 30, 2019:
GENERAL SECTIONS
Sec. 21-201. (1) Pursuant to section 30 of article IX of the state constitution
of 1963, total state spending from state sources for fiscal year 2019 is estimated at
$32,826,746,600.00 in the 2019 appropriations acts and total state spending from state
sources paid to local units of government for fiscal year 2019 is estimated at
$18,481,357,200.00. The state-local proportion is estimated at 56.3% of total state
spending from state resources.
(2) If payments to local units of government and state spending from state
sources for fiscal year 2019 are different than the amounts estimated in subsection
(1), the state budget director shall report the payments to local units of government
and state spending from state sources that were made for fiscal year 2019 to the
senate and house of representatives standing committees on appropriations within 30
days after the final book-closing for fiscal year 2019.
Sec. 21-202. The appropriations authorized under this bill are subject to the
management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594.
Sec. 21-211. (1) Pursuant to section 352 of the management and budget act, 1984
PA 431, MCL 18.1352, which provides for a transfer of state general fund revenue into
or out of the countercyclical budget and economic stabilization fund, the calculations
required by section 352 of the management and budget act, 1984 PA 431, MCL 18.1352,
are determined as follows:
2017 2018 2019
Michigan personal income (millions)............. $452,542 $472,001 $492,769
less: transfer payments......................... 95,699 100,254 105,578
Subtotal...................................... $356,843 $371,747 $387,191
Divided by: Detroit Consumer Price
Index for 12 months ending June 30............. 2.249 2.280 2.321
Equals: real adjusted Michigan
personal income............................. $158,701 $163,047 $166,851
Percentage change.................................. N/A 2.7% 2.3%
Growth rate in excess of 2%?....................... N/A 0.7% 0.3%
Equals: countercyclical budget and
economic stabilization fund pay-in
calculation for the fiscal year ending
September 30, 2019 (millions).................... N/A $72.2 $31.0
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, 2019 (millions).................... N/A N/A $0.0
(2) Notwithstanding subsection (1), there is appropriated for the fiscal year
ending September 30, 2019, from general fund/general purpose revenue for deposit into
the countercyclical budget and economic stabilization fund the sum of $0.0.
(3) In addition to any other amounts appropriated, there is appropriated to the
countercyclical budget and economic stabilization fund for the fiscal year ending
September 30, 2019, an amount of general fund/general purpose revenue equal to 25
percent of total general fund/general purpose appropriation lapses for the fiscal year
ending September 30, 2018.
Sec. 21-240. (1) Concurrently with the submission of the fiscal year 2019
executive budget recommendations, the state budget office shall provide the senate and
house appropriations committees, the senate and house fiscal agencies, and the policy
offices, a report that lists each new program or program enhancement for which funds
in excess of $500,000.00 are appropriated in part 1 of each departmental appropriation
act.
(2) By July 15, 2019, the state budget director and the chairs of the senate and
house appropriations committees shall identify new programs or program enhancements
for which funds in excess of $500,000.00 are appropriated in the fiscal year 2019
enacted budget for measurement using program-specific metrics, in addition to the
metrics required under section 447 of the management and budget act, 1984 PA 431, MCL
18.1447.
(3) By September 30, 2020, the state budget office shall provide a report on the
specific metrics and the progress in meeting the estimated performance for each
program identified under subsection (2) to the senate and house appropriations
committees, the senate and house appropriations subcommittees on each state
department, and the senate and house fiscal agencies and policy offices.
REVENUE STATEMENT
Sec. 21-301. Pursuant to section 18 of article V of the state constitution of
1963, fund balances and estimates are presented in the following statement:
BUDGET RECOMMENDATIONS BY OPERATING FUNDS
(Amounts in millions)
Fiscal Year 2019
Estimated
Beginning Estimated Ending
Balance Revenue Balance
OPERATING FUNDS
General fund/general purpose 191.8 9,864.8 7.3
School aid fund 97.1 15,335.6 6.1
Federal aid 0.0 20,650.0 0.0
Transportation funds 0.0 5,971.7 0.0
Special revenue funds 0.0 7,075.1 0.0
Other funds 889.1 33.1 922.2
TOTALS $1,178.0 $58,930.3 $935.6
