Bill Text: MI SB0085 | 2021-2022 | 101st Legislature | Engrossed

Michigan Senate Bill 85 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Appropriations: supplemental; multidepartment supplemental appropriations; provide for fiscal year 2021-2022. Creates appropriation act.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2021-12-29 - Assigned Pa 0132'21 With Immediate Effect [SB0085 Detail]

Download: Michigan-2021-SB0085-Engrossed.html

Substitute For

SENATE BILL NO. 85

A bill to make appropriations for the department of labor and economic opportunity for the fiscal year ending September 30, 2022; and to provide for the expenditure of the appropriations.

the people of the state of michigan enact:

PART 1

LINE-ITEM APPROPRIATIONS

Sec. 101. There is appropriated for the department of labor and economic opportunity for the fiscal year ending September 30, 2022, from the following funds:

DEPARTMENT OF LABOR AND ECONOMIC OPPORTUNITY
APPROPRIATION SUMMARY
Full-time equated unclassified positions	35.5
Full-time equated classified positions	2,510.4

GROSS APPROPRIATION		$	1,670,331,700
ADJUSTED GROSS APPROPRIATIONS		$	1,670,331,700
Federal revenues:
Total federal revenues			1,140,485,800
Special revenue funds:
Total local revenues			10,900,000
Total private revenues			11,267,000
Total other state restricted revenues			273,225,700
State general fund/general purpose		$	234,453,700
(2) DEPARTMENTAL ADMINISTRATION AND SUPPORT
Full-time equated unclassified positions	35.5
Full-time equated classified positions	60.0
Unclassified salaries--FTE positions	34.5	$	2,889,500
Unemployment insurance agency director--FTE position	1.0		99,000
Executive direction and operations--FTEs	60.0		10,063,000
Property management			6,189,400
GROSS APPROPRIATION		$	19,240,900
Appropriated from:
Federal revenues:
DED, vocational rehabilitation and independent living			3,142,600
DOL, Federal funds			3,158,500
DOL-ETA, unemployment insurance			2,081,600
DOL-occupational safety and health			711,400
Federal funds			2,500,000
Special revenue funds:
Asbestos abatement fund			149,700

Corporation fees			1,424,800
Michigan state housing development authority fees and charges			553,300
Private occupational school license fees			55,100
Radiological health fees			281,800
Safety education and training fund			576,400
Second injury fund			272,400
Securities fees			1,541,100
Self-insurers security fund			150,000
Silicosis and dust disease fund			112,700
Worker's compensation administrative revolving fund			87,800
State general fund/general purpose		$	2,441,700
(3) WORKFORCE DEVELOPMENT
Full-time equated classified positions	231.0
At-risk youth grants			5,000,000
High school equivalency-to-school program			250,000
Going pro			40,000,000
Michigan reconnect grant program--FTEs	12.0		30,000,000
Michigan works!			147,500,000
Workforce program administration--FTEs	219.0		38,465,700
Workforce development programs			246,406,300
GROSS APPROPRIATION		$	507,622,000
Appropriated from:
Federal revenues:
DAG, employment and training			4,000,400
DED-OESE, GEAR-UP			4,000,000
DED-OVAE, adult education			20,000,000

DED-OVAE, basic grants to states			19,000,000
DOL, federal funds			107,395,000
DOL-ETA, workforce investment act			173,488,600
Federal funds			12,515,200
Social security act, temporary assistance to needy families			63,698,800
Special revenue funds:
Local revenues			500,000
Private funds			5,279,600
Contingent fund, penalty and interest			27,102,300
Defaulted loan collection			174,700
Talent investment fund			30,000,000
State general fund/general purpose		$	40,467,400
(4) REHABILITATION SERVICES
Full-time equated classified positions	668.0
Bureau of services for blind persons--FTEs	113.0		25,509,200
Centers for independent living			18,531,700
Michigan rehabilitation services--FTEs	555.0		134,227,900
Subregional libraries state aid			451,800
GROSS APPROPRIATION		$	178,720,600
Appropriated from:
Federal revenues:
Federal funds			1,461,000
DED, vocational rehabilitation and independent living			126,173,600
Supplemental security income			8,588,600
Special revenue funds:
Blind services, local			100,000

Vocational rehabilitation match			5,300,000
Blind services, private			111,800
Gifts, bequests, and donations			531,500
Michigan business enterprise program fund			350,000
Rehabilitation service fees			150,000
Second injury fund			38,300
State general fund/general purpose		$	35,915,800
(5) EMPLOYMENT SERVICES
Full-time equated classified positions	333.4
Bureau of employment relations--FTEs	18.0		3,545,400
Compensation settlement fund			820,000
First responder presumed coverage claims			4,000,000
Insurance funds administration--FTEs	23.0		4,711,800
Michigan occupational safety and health administration--FTEs	158.0		24,284,400
Office of global Michigan--FTEs	11.0		29,246,400
Private and occupational distance learning--FTEs	3.0		849,600
Radiation safety section--FTEs	21.4		3,414,900
Wage and hour program--FTEs	29.0		3,970,900
Worker's compensation board of magistrates--FTEs	10.0		2,238,000
Worker's disability compensation agency--FTEs	56.0		8,178,700
Worker's disability compensation appeals commission--FTEs	4.0		348,000
GROSS APPROPRIATION		$	85,608,100
Appropriated from:
Federal revenues:

DOL-occupational safety and health			9,908,100
HHS, mammography quality standards			513,300
HHS, refugee assistance program fund			28,769,000
Special revenue funds:
Asbestos abatement fund			829,100
Corporation fees			6,602,400
Distance education fund			362,800
First responder presumed coverage fund			4,000,000
Private occupational school license fees			486,800
Radiological health fees			2,901,600
Safety education and training fund			10,391,300
Second injury fund			2,386,700
Securities fees			9,646,400
Self-insurers security fund			1,622,100
Silicosis and dust disease fund			703,000
Worker's compensation administrative revolving fund			1,866,800
State general fund/general purpose		$	4,618,700
(6) UNEMPLOYMENT INSURANCE AGENCY
Full-time equated classified positions	744.0
Unemployment insurance agency--FTEs	516.0		193,439,200
Unemployment insurance agency - advocacy assistance			1,500,000
Unemployment insurance agency branch operations�FTEs	220.0		100,000,000
Unemployment insurance appeals commission--FTEs	8.0		4,384,900
GROSS APPROPRIATION		$	299,324,100
Appropriated from:

Federal revenues:
DOL-ETA, unemployment insurance			276,589,200
Special revenue funds:
Contingent fund, penalty and interest			22,734,900
State general fund/general purpose		$	0
(7) COMMISSIONS
Full-time equated classified positions	18.0
Asian Pacific American affairs commission--FTE	1.0		137,400
Commission on Middle Eastern American Affairs--FTE	1.0		125,000
Hispanic/Latino commission of Michigan--FTE	1.0		295,100
Michigan community service commission--FTEs	14.0		11,831,500
Michigan women's commission--FTE	1.0		242,600
GROSS APPROPRIATION		$	12,631,600
Appropriated from:
Federal revenues:
Federal funds			10,826,000
Special revenue funds:
Gifts, bequests, and donations			44,100
State general fund/general purpose		$	1,761,500
(8) INFORMATION TECHNOLOGY
Information technology services and projects			29,557,000
GROSS APPROPRIATION		$	29,557,000
Appropriated from:
Federal revenues:
DED, vocational rehabilitation and independent living			3,141,200
DOL-ETA, unemployment insurance			22,867,300

DOL-occupational safety and health			373,100
Special revenue funds:
Asbestos abatement fund			35,400
Corporation fees			290,000
Distance education fund			5,600
Private occupational school license fees			21,900
Radiological health fees			143,300
Safety education and training fund			404,200
Second injury fund			356,500
Securities fees			912,800
Self-insurers security fund			251,100
Silicosis and dust disease fund			70,800
State general fund/general purpose		$	683,800
(9) MICHIGAN STRATEGIC FUND
Full-time equated classified positions	174.0
Arts and cultural program			11,000,000
Business attraction and community revitalization			100,000,000
Community college skilled trades equipment program			4,600,000
Community development block grants			62,000,000
Entrepreneurship eco-system			15,650,000
Facility for rare isotope beams			7,300,000
Flint settlement debt service			35,000,000
Job creation services--FTEs	157.0		26,420,600
Lighthouse preservation program			307,500
Pure Michigan			40,000,000
State historic preservation office--FTEs	17.0		2,100,000

GROSS APPROPRIATION		$	304,378,100
Appropriated from:
Federal revenues:
HUD-CPD, community development block grant			64,773,300
State historic preservation, national park service grants			1,900,000
NFAH-NEA, promotion of the arts, partnership agreement			1,050,000
Special revenue funds:
Local promotion fund			5,000,000
Special project advances			200,000
Michigan council for the arts fund			100,000
Private promotion fund			5,000,000
Contingent fund, penalty and interest			4,600,000
21st Century jobs trust fund			75,000,000
Michigan lighthouse preservation fund			307,500
Michigan state housing development authority fees and charges			4,670,000
State brownfield redevelopment fund			1,175,000
State historic preservation office fees and charges			200,000
State general fund/general purpose		$	140,402,300
(10) MICHIGAN STATE HOUSING DEVELOPMENT AUTHORITY
Full-time equated classified positions	273.0
Housing and rental assistance--FTEs	273.0		46,699,600
MSHDA technology services and projects			3,694,000
Payments on behalf of tenants			166,860,000

Property management			3,497,100
GROSS APPROPRIATION		$	220,750,700
Appropriated from:
Federal revenues:
HUD, lower income housing assistance			166,860,000
Special revenue funds:
Michigan state housing development authority fees and charges			53,890,700
State general fund/general purpose		$	0
(11) LAND BANK FAST TRACK AUTHORITY
Full-time equated classified positions	9.0
Land bank fast track authority--FTEs	9.0		4,336,600
GROSS APPROPRIATION		$	4,336,600
Appropriated from:
Federal revenues:
Federal revenues			1,000,000
Special revenue funds:
Land bank fast track fund			3,336,600
State general fund/general purpose		$	0
(12) ONE-TIME APPROPRIATIONS
Michigan enhancement grants			8,162,000
GROSS APPROPRIATION		$	8,162,000
Appropriated from:
State general fund/general purpose		$	8,162,000

PART 2

PROVISIONS CONCERNING APPROPRIATIONS

Sec. 201. Pursuant to section 30 of article IX of the state

constitution of 1963, total state spending from state sources under part 1 for fiscal year 2021-2022 is $51,994,500.00 and state spending from state sources to be paid to local units of government for fiscal year 2021-2022 is $507,678,900.00. The itemized statement below identifies appropriations from which spending to local units of government will occur:

DEPARTMENT OF LABOR AND ECONOMIC OPPORTUNITY
Going pro	$	40,000,000
Workforce development programs		10,680,000
Michigan rehabilitation services		262,200
Michigan community service commission		2,300
Arts and cultural program		1,000,000
TOTAL	$	51,994,500

Sec. 202. The appropriations authorized under this part and part 1 are subject to the management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594.

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

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

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

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

(e) "Department" means the Department of Labor and Economic Opportunity.

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

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

Employment and Training Administration.

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

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

(j) "GEAR-UP" means gaining early awareness and readiness for undergraduate programs.

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

(l) "HHS" means the United States Department of Health and Human Services.

(m) "HUD" means the United States Department of Housing and Urban Development.

(n) "HUD-CPD" means the United States Department of Housing and Urban Development - Community Planning and Development.

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

(p) "MDTMB" means the Michigan department of technology, management, and budget.

(q) "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.

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

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

(t) "MSHDA" means the Michigan state housing development authority.

(u) "SIGMA" means statewide integrated governmental management applications.

(v) "West Michigan" means the counties of Mason, Oceana, Newago, Muskegon, Kent, Ottawa, Barry, Allegan, Kalamazoo, and Berrien.

Sec. 203a. From the funds appropriated in part 1, only the funds appropriated for the unemployment insurance agency director shall be expended for the salary and/or compensation of the director or acting director of the unemployment insurance agency.

Sec. 204. The departments and agencies receiving appropriations in part 1 shall use the internet to fulfill the reporting requirements of this part. This requirement may include transmission of reports via email to the recipients identified for each reporting requirement, and it shall include placement of reports on an internet site.

Sec. 205. To the extent permissible under section 261 of the management and budget act, 1984 PA 431, MCL 18.1261, all of the following apply:

(a) Funds appropriated in part 1 shall not be used for the purchase of foreign goods or services, or both, if competitively priced and of comparable quality American goods or services, or both, are available.

(b) Preference shall be given to goods or services, or both, manufactured or provided by Michigan businesses, if they are competitively priced and of comparable quality.

(c) Preference should be given to goods or services, or both, that are manufactured or provided by Michigan businesses owned and operated by veterans, if they are competitively priced and of comparable quality.

Sec. 206. Funds appropriated in part 1 shall not be used to take disciplinary action against an employee of the department or

an agency within the department who is in the state classified civil service because the employee communicates with a member of the senate or house or a member's staff, unless the communication is prohibited by law and the department or agency taking disciplinary action is exercising its authority as provided by law.

Sec. 207. For the purposes of implementing section 217 of the management and budget act, 1984 PA 431, MCL 18.1217, the departments and agencies receiving appropriations in part 1 shall prepare a report on out-of-state travel expenses not later than January 1 of each year. The travel report shall be a listing of all travel by classified and unclassified employees outside this state in the immediately preceding fiscal year that was funded in whole or in part with funds appropriated in the department's budget. The report shall be submitted to the house and senate appropriations committees, the chairpersons of the relevant appropriations subcommittees, the house and senate fiscal agencies, and the state budget director. The report shall include the following information:

(a) The dates of each travel occurrence.

(b) The total transportation and related costs of each travel occurrence, including the proportion funded with state GF/GP revenues, the proportion funded with state restricted revenues, the proportion funded with federal revenues, and the proportion funded with other revenues.

Sec. 208. Funds appropriated in part 1 shall not be used by a principal executive department, state agency, or authority to hire a person to provide legal services that are the responsibility of the attorney general. This prohibition does not apply to legal services for bonding activities and for those outside services that

the attorney general authorizes.

Sec. 209. Not later than November 30, the state budget office shall prepare and transmit a report that provides for estimates of the total GF/GP appropriation lapses at the close of the prior fiscal year. This report shall summarize the projected year-end GF/GP appropriation lapses by major departmental program or program areas. The report shall be transmitted to the chairpersons of the senate and house appropriations committees and the senate and house fiscal agencies.

Sec. 211. The departments and agencies receiving appropriations in part 1 shall cooperate with the MDTMB to maintain a searchable website that is updated at least quarterly and that is accessible by the public at no cost that includes, but is not limited to, all of the following for each department or agency:

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

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

(c) Fiscal year-to-date payments to a selected vendor, including the vendor name, payment date, payment amount, and payment description.

(d) The number of active department employees by job classification.

(e) Job specifications and wage rates.

Sec. 212. Within 14 days after the release of the executive budget recommendation, the departments and agencies receiving appropriations in part 1 shall cooperate with the state budget director to provide the chairs of the senate and house of representatives standing committees on appropriations, the chairs of the senate and house of representatives standing committees on appropriations subcommittees on general government, and the senate

and house fiscal agencies with an annual report on estimated state restricted fund balances, state restricted fund projected revenues, and state restricted fund expenditures for the prior 2 fiscal years.

Sec. 213. The departments and agencies receiving appropriations in part 1 shall maintain, on a publicly accessible website, a department or agency scorecard that identifies, tracks, and regularly updates key metrics that are used to monitor and improve the department's or agency's performance.

Sec. 215. To the extent permissible under the management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594, the director of each department and agency receiving appropriations in part 1 shall take all reasonable steps to ensure businesses in deprived and depressed communities compete for and perform contracts to provide services or supplies, or both. Each director shall strongly encourage firms with which the department contracts to subcontract with certified businesses in depressed and deprived communities for services, supplies, or both.

Sec. 216. (1) On a quarterly basis, the departments and agencies receiving appropriations in part 1 shall report to the senate and house appropriations committees, the senate and house appropriations subcommittees on the department budget, and the senate and house fiscal agencies the following information:

(a) The number of FTEs in pay status by type of staff and civil service classification.

(b) 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.

(2) By April 1 of the current fiscal year and semiannually

thereafter, the department or agency shall report to the senate and house appropriations committees, the senate and house appropriations subcommittees on the department budget, and the senate and house fiscal agencies the following information:

(a) Number of employees that were engaged in remote work in 2021.

(b) Number of employees authorized to work remotely and the actual number of those working remotely in the current reporting period.

(d) Reduced use of office space associated with remote work.

Sec. 217. Appropriations in part 1 shall, to the extent possible by the departments and agencies, not be expended for cases where existing work project authorization is available for the same purposes.

Sec. 218. If the state administrative board, acting under section 3 of 1921 PA 2, MCL 17.3, transfers funds from an amount appropriated under this article, the legislature may, by a concurrent resolution adopted by a majority of the members elected to and serving in each house, intertransfer funds within this article for the particular department, board, commission, officer, or institution.

Sec. 219. The departments and agencies receiving appropriations in part 1 shall receive and retain copies of all reports funded from appropriations in part 1. Federal and state guidelines for short-term and long-term retention of records shall be followed. The department may electronically retain copies of reports unless otherwise required by federal and state guidelines.

Sec. 220. From the funds appropriated in part 1, each

department and agency shall report no later than April 1 on each specific policy change made to implement a public act affecting the department that took effect during the prior calendar year to the senate and house of representatives standing committees on appropriations subcommittees on general government, the joint committee on administrative rules, and the senate and house fiscal agencies.

Sec. 221. General fund appropriations in part 1 shall not be expended for items in cases where federal funding or private grant funding is available for the same expenditures.

DEPARTMENT OF LABOR AND ECONOMIC OPPORTUNITY

Sec. 981. Total authorized appropriations from all sources under part 1 for legacy costs for the fiscal year ending September 30, 2021 are $59,735,500.00. From this amount, total agency appropriations for pension-related legacy costs are estimated at $33,467,000.00. Total agency appropriations for retiree health care legacy costs are estimated at $26,268,500.00.

Sec. 982. Federal pass-through funds to local institutions and governments that are received in amounts in addition to those included in part 1 and that do not require additional state matching funds are appropriated for the purposes intended. The department may carry forward into the succeeding fiscal year unexpended federal pass-through funds to local institutions and governments that do not require additional state matching funds. The department shall report the amount and source of the funds to the relevant senate and house of representatives appropriations subcommittees, the senate and house fiscal agencies, and the state budget director within 10 business days after receiving any

additional pass-through funds.

Sec. 983. From the funds appropriated in part 1, the department, Michigan strategic fund, and Michigan state housing development authority shall not use funds for broadband construction, expansion, repairs, or upgrades or to issue or refinance bonds for broadband construction, expansion, repairs, or upgrades.

Sec. 984. As a condition of receiving funds in part 1, the department shall utilize SIGMA as an appropriation and expenditure reporting system to track all financial transactions with individual vendors, contractual partners, grantees, recipients of business incentives, and recipients of other economic assistance. Encumbrances and expenditures shall be reported in a timely manner.

Sec. 985. (1) Grants supported with private revenues received by the department are appropriated upon receipt and are available for expenditure by the department, subject to subsection (3), for purposes specified within the grant agreement and as permitted under state and federal law.

(2) Within 10 days after the receipt of a private grant appropriated in subsection (1), the department shall notify the house and senate chairpersons of the subcommittees, the senate and house fiscal agencies, and the state budget director of the receipt of the grant, including the fund source, purpose, and amount of the grant.

(3) The amount appropriated under subsection (1) shall not exceed $1,500,000.00.

Sec. 986. (1) The department may charge registration fees to attendees of informational, training, or special events sponsored by the department, and related to activities that are under the

department's purview.

(2) These fees shall reflect the costs for the department to sponsor the informational, training, or special events.

(3) Revenue generated by the registration fees is appropriated upon receipt and available for expenditure to cover the department's costs of sponsoring informational, training, or special events.

(4) Revenue generated by registration fees in excess of the department's costs of sponsoring informational, training, or special events shall carry forward to the subsequent fiscal year and not lapse to the general fund.

(5) The amount appropriated under subsection (3) shall not exceed $500,000.00.

Sec. 987. (1) The department may sell documents at a price not to exceed the cost of production and distribution. Money received from the sale of these documents shall revert to the department. In addition to the funds appropriated in part 1, these funds are available for expenditure when they are received by the department of treasury. This subsection applies only to R 418.10101 to R 418.101504 of the Michigan Administrative Code.

(2) Unexpended funds at the end of the fiscal year shall carry forward to the subsequent fiscal year and not lapse to the general fund.

Sec. 988. If the revenue collected by the department for radiological health administration and projects from fees and collections exceeds the amount appropriated in part 1, the revenue may be carried forward into the subsequent fiscal year. The revenue carried forward under this section shall be used as the first source of funds in the subsequent fiscal year.

Sec. 989. It is the intent of the legislature that the workers' compensation agency through the department annually update R 418.10101 to R 418.101504 of the Michigan Administrative Code, as required under sections 205 and 315 of the worker's disability compensation act, 1969 PA 317, MCL 418.205 and 418.315, and section 33 of the administrative procedures act, 1969 PA 306, MCL 24.233.

MICHIGAN STATE HOUSING DEVELOPMENT AUTHORITY

Sec. 990. MSHDA shall annually present a report to the state budget office and the subcommittees on the status of the authority's housing production goals under all financing programs established or administered by the authority. The report shall give special attention to efforts to raise affordable multifamily housing production goals.

state LAND BANK AUTHORITY

Sec. 995. In addition to the amounts appropriated in part 1, the state land bank authority may expend revenues received under the land bank fast track act, 2003 PA 258, MCL 124.751 to 124.774, for the purposes authorized by the act, including, but not limited to, the acquisition, lease, management, demolition, maintenance, or rehabilitation of real or personal property, payment of debt service for notes or bonds issued by the authority, and other expenses to clear or quiet title property held by the authority.

MICHIGAN STRATEGIC FUND

Sec. 1003. From the funds appropriated in part 1 for Pure Michigan, Pure Michigan shall conduct a research study to identify potential funding mechanisms to augment or reduce the amount of

general fund expenditures for Pure Michigan.

Sec. 1004. As a condition of receiving funds appropriated in part 1, the MSF shall provide all information required to be transmitted in the activities report required under section 9 of the Michigan strategic fund act, 1984 PA 270, MCL 125.2009, to the chairpersons of the senate and house of representatives standing committees on appropriations, the chairpersons of the relevant senate and house of representatives appropriations subcommittees, the senate and house fiscal agencies, and the state budget director by March 15.

Sec. 1005. In addition to the appropriations in part 1, Travel Michigan may receive and expend private revenue related to the use of "Pure Michigan" and all other copyrighted slogans and images. This revenue may come from the direct licensing of the name and image or from the royalty payments from various merchandise sales. Revenue collected is appropriated for the marketing of the state as a travel destination. The funds are available for expenditure when they are received by the department of treasury. If the fund receives revenues from the use of "Pure Michigan", the fund shall provide a report that lists the revenues by source received from the use of "Pure Michigan" and all other copyrighted slogans and images. The report shall provide a detailed list of expenditures of revenues received under this section. The report shall be provided to the chairpersons of the senate and house of representatives standing committees on appropriations, the relevant senate and house of representatives appropriations subcommittees, the house and senate fiscal agencies, and the state budget director by March 1.

Sec. 1005a. (1) From the funds appropriated in part 1 for Pure

Michigan, general fund dollars shall be appropriated for the following purposes:

(a) Match market campaigns funded from the local promotion fund or private promotion fund.

(b) Conduction of market research regionally, nationally, and internationally for use in market campaigns.

(d) Placement of advertisements in regional, national, and international market campaigns.

(e) Administration of the program.

(f) Other activities that promote Michigan as a place to live, work, and play.

(2) The fund may contract any of the activities under subsection (1).

(3) The fund may work in cooperation with local units of government, nonprofit entities, and private entities on Pure Michigan promotion campaigns. The fund shall include agreements prior to undertaking cooperative marketing campaigns.

Sec. 1005b. (1) A local promotion fund is created in the department. The fund may receive funds from local units of government and nonprofit entities and deposit these funds into the local promotion fund. Funds received are available for expenditure for use in Pure Michigan promotion campaigns. As used in this subsection, the term "local unit of government" includes cities, villages, townships, counties, and regional councils of government. The fund may maintain individual accounts for local units of government and nonprofit entities that deposit funds into the local promotion fund upon request from a local unit.

(2) Local promotion funds appropriated in part 1 may be used for media production and placements, national and international marketing campaigns, and for other activities that promote Michigan as a place to live, work, and play.

(3) Any unexpended or unencumbered balance shall be disposed of in accordance with the management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594, unless carryforward authorization has been otherwise provided for.

Sec. 1005c. (1) A private promotion fund is created in the department. The fund may receive funds from private entities and deposit these funds into the private promotion fund. Funds received are available for expenditure for use in Pure Michigan promotion campaigns. The fund may maintain individual accounts for private entities that deposit funds into the private promotion fund upon request from a private entity.

(2) Private promotion funds appropriated in part 1 may be used for media production and placements, national and international marketing campaigns, and for other activities that promote Michigan as a place to live, work, and play.

Sec. 1006. (1) As a condition of receiving funds appropriated in part 1, the fund shall provide a report of all approved amendments to projects for the immediately preceding year under sections 88r and 90b of the Michigan strategic fund act, 1984 PA 270, MCL 125.2088r and 125.2090b. The report shall provide a description of each amendment, by award, which shall include, but

is not limited to, the following:

(a) The amended award amount relative to the prior award amount.

(b) The amended number of committed jobs relative to the prior number of committed jobs.

(d) A description of any change in scope of the project.

(e) A description of any change in project benchmarks, deadlines, or completion dates.

(f) The reason or justification for the amendment approval.

(2) In addition to being posted online, the report shall be distributed to the chairpersons of the senate and house of representatives standing committees on appropriations, the chairpersons of the relevant senate and house of representatives appropriations subcommittees, the senate and house fiscal agencies, and the state budget office by March 15.

Sec. 1007. (1) As a condition of receiving funds appropriated in part 1, the fund shall request the following information from the MEDC:

(a) Approved budget from the MEDC executive committee for the current fiscal year and actual budget expenditures for the preceding fiscal years.

(b) Expenditures and revenues as part of the current and preceding year budgets, including the available fund balance for the current and preceding fiscal years.

(d) A reporting of activities, programs, and grants consistent with the preceding fiscal year budget.

(2) Information received by the MSF pursuant to this section shall be posted online and distributed to the chairpersons of the senate and house of representatives standing committees on appropriations, the chairpersons of the relevant senate and house of representatives appropriations subcommittees, the senate and house fiscal agencies, and the state budget director by March 15.

Sec. 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. 1009. (1) Of the funds appropriated to the fund or through grants to the MEDC, no funds shall be expended for the purchase of options on land or the purchase of land unless at least 1 of the following conditions applies:

(a) The land is located in an economically distressed area.

(b) The land is obtained through a purchase or exercise of an option at the invitation of the local unit of government and local economic development agency.

(2) Consideration may be given to purchases where the proposed use of the land is consistent with a regional land use plan, will result in the redevelopment of an economically distressed area, can be supported by existing infrastructure, and will not cause shifts in population away from the area's population centers.

(3) As used in this section, "economically distressed area" means an area in a city, village, or township that has been designated as blighted; a city, village, or township that shows negative population change from 1970 and a poverty rate and

unemployment rate greater than the statewide average; or an area certified as a neighborhood enterprise zone under the neighborhood enterprise zone act, 1992 PA 147, MCL 207.771 to 207.786.

(4) If land or options on land are purchased under subsection (1), the fund shall provide a report to the senate and house of representatives standing committees on appropriations, the relevant senate and house of representatives appropriations subcommittees, the senate and house fiscal agencies, and the state budget director that provides a list of all properties purchased, all options on land purchased, the location of the land purchased, and the purchase price if the fund purchases options on land or land. The report must be submitted before March 15.

Sec. 1010. As a condition for receiving funds in part 1, not later than March 15, the fund shall provide a report for the immediately preceding fiscal year on the jobs for Michigan investment fund, created in section 88h of the Michigan strategic fund act, 1984 PA 270, MCL 125.2088h. The report shall be submitted to the chairpersons of the senate and house of representatives standing committees on appropriations, the chairpersons of the relevant senate and house of representatives appropriations subcommittees, the senate and house fiscal agencies, and the state budget director. The report shall include, but is not limited to, all of the following:

(a) A detailed listing of revenues, by fund source, to the jobs for Michigan investment fund. The listing shall include the manner and reason for which the funds were appropriated to the jobs for Michigan investment fund.

(b) A detailed listing of expenditures, by project, from the jobs for Michigan investment fund.

Sec. 1011. (1) From the appropriations in part 1 to the fund and granted or transferred to the MEDC, any unexpended or unencumbered balance shall be disposed of in accordance with the requirements in the management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594, unless carryforward authorization has been otherwise provided for.

(2) Any encumbered funds, including encumbered funds subsequently unobligated, shall be used for the same purposes for which funding was originally appropriated in this part and part 1.

(3) For funds appropriated in part 1 to the fund, any carryforward authorization subsequently created through a work project shall be preserved until a cash or accrued expenditure has been executed or the allowable work project time period has expired.

Sec. 1012. (1) As a condition of receiving funds under part 1, the fund shall ensure that the MEDC and the fund comply with all of the following:

(a) The freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.

(b) The open meetings act, 1976 PA 267, MCL 15.261 to 15.275.

(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. 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. 1024. From the funds appropriated in part 1 for business attraction and community revitalization, not less than 20% shall be granted by the fund board for brownfield redevelopment and historic preservation projects under the community revitalization program authorized by chapter 8C of the Michigan strategic fund act, 1984 PA 270, MCL 125.2090 to 125.2090d.

Sec. 1032. (1) The fund shall report to the chairpersons of the senate and house of representatives standing committees on appropriations, the relevant senate and house of representatives appropriations subcommittees, the state budget director, and the senate and house fiscal agencies on the status of the film incentives at the same time as it submits the annual report required under section 455 of the Michigan business tax act, 2007 PA 36, MCL 208.1455. The department of treasury shall provide the fund with the data necessary to prepare the report. Incentives included in the report shall include all of the following:

(a) The tax credit provided under section 455 of the Michigan business tax act, 2007 PA 36, MCL 208.1455.

(b) The tax credit provided under section 457 of the Michigan business tax act, 2007 PA 36, MCL 208.1457.

(d) The amount of any tax credit claimed under former section 367 of the income tax act of 1967, 1967 PA 281.

(e) Any tax credits provided for film and digital media

production under the Michigan economic growth authority act, 1995 PA 24, MCL 207.801 to 207.810.

(f) Loans to an eligible production company or film and digital media private equity fund authorized under section 88d(3), (4), and (5) of the Michigan strategic fund act, 1984 PA 270, MCL 125.2088d.

(2) The report shall include all of the following information:

(a) For each tax credit, the number of contracts signed, the projected expenditures qualifying for the credit, and the estimated value of the credits. For loans, the number of loans made under each section, the interest rate of those loans, the loan amount, the percent of the projected budget of each production financed by those loans, and the estimated interest earnings from the loan.

(b) For credits authorized under section 455 of the Michigan business tax act, 2007 PA 36, MCL 208.1455, for productions completed by December 31, the expenditures of each production eligible for the credit that has filed a request for certificate of completion with the film office, broken down into expenditures for goods, services, or salaries and wages and showing separately expenditures in each local unit of government, including expenditures for personnel, whether or not they were made to a Michigan entity, and whether or not they were taxable under the laws of this state. For loans, the report shall include the number of loans that have been fully repaid, with principal and interest shown separately, and the number of loans that are delinquent or in default, and the amount of principal that is delinquent or is in default.

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.

(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. 1033. As a condition of receiving funds in part 1, not later than March 15, the fund shall provide a report on the activities of the Michigan film and digital media office for the immediately preceding fiscal year. The report shall be submitted to the chairpersons of the senate and house of representatives standing committees on appropriations, the chairpersons of the relevant senate and house of representatives appropriations subcommittees, the senate and house fiscal agencies, and the state

budget office. The report shall include, but not be limited to, a listing of all projects the Michigan film and digital media office provided assistance on, a listing of the services provided for each project, and an estimate of investment leveraged.

Sec. 1034. As a condition of receiving an award from the fund, each business incubator or accelerator that received an award from the fund shall maintain and update a dashboard of indicators to measure the effectiveness of the business incubator and accelerator programs. Indicators shall include the direct jobs created, new companies launched as a direct result of business incubator or accelerator involvement, businesses expanded as a direct result of business incubator or accelerator involvement, direct investment in client companies, private equity financing obtained by client companies, grant funding obtained by client companies, and other measures developed by the recipient business incubators and accelerators in conjunction with the MEDC. Dashboard indicators shall be reported for the prior fiscal year and cumulatively, if available. Each recipient shall submit a copy of their dashboard indicators to the fund by March 1. The fund shall transmit the local reports to the chairpersons of the senate and house of representatives standing committees on appropriations, the relevant senate and house of representatives appropriations subcommittees, the senate and house fiscal agencies, and the state budget director by March 15.

Sec. 1035. (1) From the appropriations in part 1, the Michigan council for arts and cultural affairs shall administer an arts and cultural grant program that maintains an equitable geographic distribution of funding and utilizes past arts and cultural grant programs as a guideline for administering this program. The council

shall do all of the following:

(a) On or before October 1, the council shall publish proposed application criteria, instructions, and forms for use by eligible applicants. The council shall provide at least a 2-week period for public comment before finalizing the application criteria, instructions, and forms.

(b) A nonrefundable application fee may be assessed for each application. Application fees shall be deposited in the council for the arts fund and are appropriated for expenses necessary to administer the programs. These funds are available for expenditure when they are received and may be carried forward to the following fiscal year.

(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. 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. 1040. From the funds appropriated in part 1 for business attraction and community revitalization, in addition to other business development grant and loan programs, the fund shall develop a competitive grant program for facility and equipment upgrades for current Michigan business for the business to maintain operations in this state. Facility and equipment upgrade grants shall include the length of time a business has operated in this state as 1 of the main factors for grant award determination.

Sec. 1041. From the funds appropriated in part 1 for business attraction and community revitalization, the fund shall request the transfer by the state treasurer of not more than 60% of the funds prior to April 1.

Sec. 1042. For the funds appropriated in part 1 for business attraction and community revitalization, the fund shall report quarterly on the amount of funds considered appropriated, pre-encumbered, encumbered, and expended. The report shall also include a listing of all previous appropriations for business attraction and community revitalization, or a predecessor, that were considered appropriated, pre-encumbered, encumbered, or expended that have lapsed back to the fund for any purpose. The report shall be submitted to the chairpersons of the senate and house of representatives standing committees on appropriations, the chairpersons of the relevant senate and house of representatives appropriations subcommittees, the senate and house fiscal agencies, and the state budget director.

Sec. 1043. (1) The fund, in conjunction with the department of treasury, shall report to the chairpersons of the senate and house of representatives standing committees on appropriations, the relevant senate and house of representatives appropriations subcommittees, the senate and house fiscal agencies, and the state budget director by November 1 on the annual cost of the MEGA tax credits. The report shall include for each year the board-approved credit amount, adjusted for credit amendments where applicable, and the actual and projected value of tax credits for each year from 1995 to the expiration of the credit program. For years for which credit claims are complete, the report shall include the total of actual certificated credit amounts. For years for which claims are still pending or not yet submitted, the report shall include a combination of actual credits where available and projected credits. Credit projections shall be based on updated estimates of employees, wages, and benefits for eligible companies.

(2) In addition to the report under subsection (1), the fund, in conjunction with the department of treasury, shall report to the relevant senate and house of representatives appropriations subcommittees, the senate and house fiscal agencies, and the state budget director by November 1 on the annual cost of all other certificated credits by program, for each year until the credits expire or can no longer be collected. The report shall include estimates on the brownfield redevelopment credit, film credits, MEGA photovoltaic technology credit, MEGA polycrystalline silicon manufacturing credit, MEGA vehicle battery credit, and other certificated credits.

Sec. 1044. As a condition of receiving appropriations in part 1, prior to authorizing the transfer of any previously authorized

tax credit that would increase the liability to this state, the fund, on behalf of the MSF board, shall notify the chairpersons of the senate and house of representatives standing committees on appropriations, the chairpersons of the relevant senate and house of representatives appropriations subcommittees, the senate and house fiscal agencies, and the state budget director not fewer than 30 days prior to the authorization of the tax credit transfer.

Sec. 1046. From the funds appropriated in part 1 for business attraction and community revitalization, $200,000.00 shall be awarded as matching funds to rural Michigan small business development centers. The fund shall award grants to prosperity regions operating a small business development center that do not have a 4-year university main campus in their region. Individual grants are capped at $100,000.00 per small business development center and must be used to draw down matching dollars for the center.

Sec. 1047. (1) From the funds appropriated in part 1 for Michigan enhancement grants, $2,500,000.00 shall be awarded for a child care facilitator pilot project administered by the department in consultation with the department of education. The project shall leverage employer and state support and utilize a model whereby a designated facilitator hub partners with both employers and child care providers in a designated region to provide child care placement for employees of the partnering employers. The pilot project shall consist of 3 designated regions approved by the department. One region must be located in a city with a population of between 38,000 and 39,000 and in a county with a population of between 172,000 and 173,000 according to the most recent federal decennial census, 1 region must be located in a rural region, and 1

region must be located in a suburban or urban region.

(2) From the funds appropriated in part 1 for Michigan enhancement grants, $662,000.00 shall be awarded to a nonprofit that operates a program that satisfies all of the following conditions:

(a) The program provides services to parolees and probationers assessed by the department of corrections as moderate- or high-risk to recidivate.

(b) The program provides job readiness training, transitional employment, job coaching and placement, and postplacement retention services. As part of the transitional employment program phase, the nonprofit program shall provide low-skill, crew-based services to other state agencies.

(d) The program demonstrates an ability to serve multiple jurisdictions across the state of Michigan.

(3) From the funds appropriated in part 1 for Michigan enhancement grants, $5,000,000.00 shall be deposited into the rural jobs and capital investment creation fund created under section 90n of the Michigan strategic fund act, 1984 PA 270, MCL 125.2090n. All funds in the rural jobs and capital investment creation fund are appropriated and available for expenditure pursuant to sections 90m to 90r of the Michigan strategic fund act, 1984 PA 270, MCL 125.2090m to 125.2090r.

Sec. 1048. (1) From the funds appropriated in part 1 for Michigan enhancement grants, the Michigan strategic fund shall execute a grant agreement with each recipient, pursuant to subsection (2). All grant funds are considered direct

appropriations and, subject to receipt of all information under subsections (2) and (3), shall be disbursed by the Michigan strategic fund, as determined by the grant agreement. An initial disbursement of 50% shall be provided to the grantee upon execution of the grant agreement.

(2) The Michigan strategic fund shall execute a grant agreement with each recipient in order to receive funding. The grant agreement shall include, but is not limited to, the following:

(a) All necessary identifying information for the recipient, including any necessary tax identification information.

(b) A description of the project for which the grant funds will be expended, including tentative timeline and estimated budget. No expenditures outside of the project purpose, as stated in the executed grant agreement, shall be reimbursed from appropriations in part 1.

(c) A requirement that after the initial 50% disbursement, additional funds shall only be disbursed after verification that the initial payment has been fully expended, in accordance with the project purpose. The remaining funds shall be disbursed in a manner specified in the grant agreement. The grantee must provide sufficient documentation, as determined by the Michigan strategic fund, to verify that all expenditures were made in accordance with the project purpose.

(d) A requirement for quarterly reports from the recipient to the Michigan strategic fund that provide the status of the project and an accounting of all funds expended by the recipient.

(e) A claw-back provision that allows this state to recoup or otherwise collect any funds that are declined, unspent, or

otherwise misused.

(3) The grantee shall respond to all reasonable information requests from the Michigan strategic fund related to grant expenditures and retain grant records for a period of not less than 3 years, and the grant may be subject to audit and/or site visits as determined by the Michigan strategic fund. The grant agreement required under subsection (2) shall include signed assurance by the chief executive officer or other executive officer of the grant recipient that this requirement will be met.

(4) All funds awarded shall be expended by the recipient, and projects completed, by September 30, 2025. If at that time, as evidenced by the quarterly reports, any unexpended funds remain, those funds shall be returned by the grantee to the state treasury. The state budget director may, on a case by case basis, extend this deadline, upon request by a grant recipient.

(5) If a grantee does not provide information sufficient to execute a grant agreement by May 1, 2022, funds associated with that grant shall be returned to the state treasury.

(6) The Michigan strategic fund shall provide quarterly updates on the accounting and status of each project to the senate and house appropriations committees, the senate and house fiscal agencies, and the state budget office.

Sec. 1050. (1) From the funds appropriated in part 1 for business attraction and community revitalization, the fund shall identify specific outcomes and performance measures, including, but not limited to, the following:

(a) Total verified jobs created by the business attraction program during the fiscal year ending September 30, 2022.

(b) Total private investment obtained through the business

attraction and community revitalization programs during the fiscal year ending September 30, 2022.

(c) Amount of private and public square footage created and reactivated through the community revitalization program during the fiscal year ending September 30, 2022.

(2) The fund must submit a report to the chairpersons of the senate and house of representatives standing committees on appropriations, the relevant senate and house of representatives appropriations subcommittees, the senate and house fiscal agencies, and the state budget director by March 15. The report must describe the specific outcomes and measures required in subsection (1) and provide the results and data related to these outcomes and measures for the prior fiscal year if related information is available for the prior fiscal year.

Sec. 1051. In addition to the funds appropriated in part 1, the funds collected by state historic preservation programs for document reproduction and services and application fees are appropriated for all expenses necessary to provide the required services. These funds are available for expenditure when they are received and may be carried forward into the succeeding fiscal year.

Sec. 1053. Tax capture revenues collected per written agreements under the good jobs for Michigan program and transferred from the general fund for deposit into the good jobs for Michigan fund, and for both calculated payments from the good jobs for Michigan fund to authorized businesses and distributions to the Michigan strategic fund for administrative expenses, are appropriated to provide payments under chapter 8d of the Michigan strategic fund act, 1984 PA 270, MCL 125.2090g to 125.2090j.

WORKFORCE DEVELOPMENT AND UNEMPLOYMENT

Sec. 1060. From the funds appropriated in part 1, the department shall administer the PATH training program in accordance with the requirements of section 407(d) of title IV of the social security act, 42 USC 607, the social welfare act, 1939 PA 280, MCL 400.1 to 400.119b, and all other applicable laws and regulations.

Sec. 1061. From the funds appropriated in part 1 for workforce programs subgrantees, the department may allocate funding for grants to nonprofit organizations that offer programs pursuant to the workforce innovation and opportunity act, 29 USC 3101 to 3361, eligible youth focusing on apprenticeship readiness, pre-apprenticeship and apprenticeship activities, entrepreneurship, work-readiness skills, job shadowing, and financial literacy. Organizations eligible for funding under this section must have the capacity to provide similar programs in urban areas, as determined by the United States Bureau of the Census according to the most recent federal decennial census. Additionally, programs eligible for funding under this section must include the participation of local business partners. The department shall develop other appropriate eligibility requirements to ensure compliance with applicable federal rules and regulations.

Sec. 1062. From the funds appropriated in part 1, the department shall make available, in person or by telephone, 1 disabled veterans outreach program specialist or local veterans employment representative to Michigan Works! service centers, as resources permit, during hours of operation, and shall continue to make the appropriate placement of veterans and disabled veterans a priority.

Sec. 1063. (1) In addition to the funds appropriated in part 1, any unencumbered and unrestricted federal workforce innovation and opportunity act, 29 USC 3101 to 3361, or trade adjustment assistance funds available from prior fiscal years are appropriated for the purposes originally intended.

(2) The department shall report by February 15 to the relevant senate and house of representatives appropriations subcommittees, the senate and house fiscal agencies, and the state budget director on the amount by fiscal year of federal workforce innovation and opportunity act, 29 USC 3101 to 3361, funds appropriated under this section.

Sec. 1064. As a condition of receiving funds appropriated in part 1 for Going pro, the department shall provide a report on Going pro expenditures, by program or grant type, for the prior fiscal year. In addition, the report shall include projected expenditures, by program or grant type, for the current fiscal year. The report shall be posted online and distributed to the chairpersons of the senate and house of representatives standing committees on appropriations, the chairpersons of the relevant senate and house of representatives appropriations subcommittees, the senate and house fiscal agencies, and the state budget director by March 15.

Sec. 1065. The department shall publish data and reports on March 15 and September 30 on the department 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.

(d) Training models established by each awardee.

(e) The number of individuals enrolled in classroom training, on-the-job training, or new DOL registered apprentices.

(f) The number of qualified employees who completed the approved training.

(g) The number of applications received and the number of grants awarded for each region.

(h) The number of individuals hired and trained.

(i) The department 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. 1066. As a condition of receiving funds in part 1 for Going pro, the department shall administer the Going pro talent program created in section 5 of the Going pro talent fund act, 2018 PA 260, MCL 408.155, in accordance with the Going pro talent fund act, 2018 PA 260, MCL 408.151 to 408.163, and as follows:

(a) The department shall work cooperatively with grantees to maximize the amount of funds from part 1 that are available for direct training.

(b) The department, workforce development partners, including regional Michigan Works! agencies, and employers shall collaborate and work cooperatively to prioritize and streamline the expenditure of the funds appropriated in part 1. The department shall ensure

that Going pro provides a collaborative statewide network of workforce and employee skill development partners that addresses the employee talent needs throughout the state.

(c) The department shall ensure that grants are utilized for individual skill enhancement and to address in-demand talent needs in Michigan.

(d) The department shall develop program goals and detailed guidance for prospective participants to follow to qualify under the program. The program goals and detailed guidance shall be posted on the department website and distributed to workforce development partners, including local Michigan Works! agencies, by October 1. Periodic assessments of employer and employee needs shall be evaluated on a regional basis, and the department shall identify solutions and goals to be implemented to satisfy those needs. The department shall notify the senate and house of representatives standing committees on appropriations, the relevant senate and house of representatives appropriations subcommittees, the senate and house fiscal agencies, and the state budget director 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 department for Going pro may be expended for the purpose of those programs.

(e) Up to $5,000,000.00 of the funds may be expended to match federal funds to improve and increase the skill level of employees in skilled trades and manufacturing processes within the changing manufacturing environment.

(f) Up to $4,000,000.00 of the funds may be expended to matching funds for equipment upgrades for qualified applicants as determined by the department. Any funds remaining at the end of the

year shall be used for direct training grants.

Sec. 1067. From the appropriation in part 1 for Going pro, funds may be deposited into the Going pro talent fund created under section 5 of the Going pro talent fund act, 2018 PA 260, MCL 408.155. All funds in the Going pro talent fund are appropriated and available for expenditure to support the Going pro talent program pursuant to sections 7 and 9 of the Going pro talent fund act, 2018 PA 260, MCL 408.157 to 408.159.

Sec. 1068. (1) Of the funds appropriated in part 1 for the workforce training programs, the department shall provide a report by March 15 to the relevant senate and house of representatives appropriation subcommittees, the state budget director, and the senate and house fiscal agencies on the status of the workforce training programs. The report shall include the following:

(a) The amount of funding allocated to each Michigan Works! agency and the total funding allocated to the workforce training programs statewide by fund source.

(b) The number of participants enrolled in education or training programs by each Michigan Works! agency.

(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. 1069. (1) Funds appropriated in part 1 for workforce development program may be used for employment and training-related services and to assist Healthy Michigan plan recipients to secure and maintain training and employment. The department shall work with the department of health and human services to coordinate with and complement existing employment-related services for Healthy Michigan plan recipients.

(2) Funds appropriated in part 1 for workforce development programs may also be used to hire additional department field staff to educate impacted Healthy Michigan plan recipients on requirements and available services, make referrals, assess and address barriers to employment, and manage other caseload-related impacts resulting from the implementation of sections 107a and 107b of the social welfare act, 1939 PA 280, MCL 400.107a and 400.107b.

(3) The department shall report quarterly to the senate and

house appropriations committees, the senate and house fiscal agencies, and the state budget office on the implementation of work engagement requirement employment supports and services. The report shall include, but need not be limited to, all of the following:

(a) The number of recipients currently receiving employment supports and services under this section.

(b) The total year-to-date number of recipients who have received employment supports and services under this section.

(c) The number of recipients who secured employment in this state after receiving employment supports and services under this section.

(d) The total year-to-date number of field staff hired to provide supports and services under this section.

(e) A summary of employment supports and services provided under this section.

Sec. 1070. The funds appropriated in part 1 for unemployment insurance agency branch operations shall be used to staff unemployment insurance agency branch offices for in person appointments for unemployment insurance agency claimant services.

Sec. 1071. (1) From the funds appropriated in part 1 for at-risk youth grants, $3,750,000.00 must be awarded to the Michigan franchise holder of the national Jobs for America's Graduates program.

(2) From the funds appropriated in part 1 for at-risk youth grants, up to $1,250,000.00 shall be allocated to match private contribution to the Michigan franchise holder of the national Jobs for America's Graduates program.

Sec. 1072. (1) From the funds appropriated in part 1 for high school equivalency-to-school program, the department shall allocate

$250,000.00 for the purpose of funding the cost of high school equivalency testing and certification as provided by this section. The department shall administer a Michigan high school equivalency-to-school program, which shall cover the cost of providing the high school equivalency test free of charge to individuals who meet all of the following requirements:

(a) The individual has not previously been administered a high school equivalency test free of charge under this section.

(b) The individual meets at least 1 of the following requirements:

(i) Prior to taking the high school equivalency test, the individual successfully completed a department-approved high school equivalency preparation program.

(ii) Prior to taking the high school equivalency test, the individual completed the official high school equivalency practice test and the individual's score indicated that he or she is likely to pass.

(2) A department-approved high school equivalency preparation program shall include all of the following:

(a) Instructional and tutorial assistances.

(b) High school equivalency test practice.

(d) A curriculum that prepares students for opportunities in postsecondary education and the job market.

(e) Information on potential postsecondary and career pathways.

(f) Counseling on preparing for and applying to college.

(g) Personal and job readiness skills development.

(h) Comprehensive information on college costs and financial

aid.

(i) College and career assessments.

(j) Computer-based instruction, practice, or remediation.

(3) The department shall post online an announcement of the Michigan high school equivalency-to-school program, minimum standards for high school equivalency preparation program approval, and approval procedures.

(4) The department shall do all of the following:

(a) Develop procedures consistent with this section under which individuals can take the high school equivalency test without charge.

(b) Provide program information for educators and students on the department website, including explanations of the procedures developed under this subsection, and contact information for questions about the program.

(c) Provide an estimate of the full-year cost of the program to the senate and house appropriations subcommittees on general government, the senate and house fiscal agencies, and the state budget director.

(5) By September 30, the department shall report to the relevant senate and house appropriations subcommittees, the senate and house fiscal agencies, and the state budget director on utilization of the high school equivalency incentive program, including numbers of high school equivalency certifications issued by location, year-to-date expenditures, and numbers of participants qualifying under subsection (1)(b)(i) or (ii), or both.

(6) The unexpended funds appropriated for the high school equivalency-to-school 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 expenditure 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 fund the cost of high school equivalency testing and certification for certain individuals as provided by this section.

(b) The projects will be accomplished by utilizing state employees or contracts with private vendors, or both.

(d) The tentative completion date is September 30, 2026.

Sec. 1074. (1) The funds appropriated in part 1 from the talent investment fund created under section 8a of the higher education loan authority act, 1975 PA 222, MCL 390.1158a, for the Michigan reconnect grant program shall be distributed pursuant to this section.

(2) As a condition of receiving the funds appropriated in part 1 for the Michigan reconnect grant program, the department shall allocate 10.0 FTE positions for navigators who provide support services for Michigan reconnect grant program students and 2.0 FTE positions for oversight and implementation of the Michigan reconnect grant program.

Sec. 1075. (1) From the funds appropriated in part 1, the department on behalf of the unemployment insurance agency shall provide a quarterly report within 15 days after the end of each quarter 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 4-week average number of unique claimants.

(b) The 4-week average number of eligible claimants with certification.

(d) The total amount of standard unemployment insurance payments paid for the month.

(e) The total amount of unemployment insurance tax generated for the quarter.

(f) The balance of the Michigan unemployment trust fund at the end of the quarter.

(2) The department shall include the same information required in subsection (1) for the previous 12 months. The department shall include the most recent monthly report on the department's webpage.

Sec. 1076. From the funds appropriated in part 1, the department shall provide a quarterly report within 15 days after the end of each quarter to the members of the senate and house committees on appropriations, the senate and house fiscal agencies, and the state budget director that includes, but is not limited to, the following:

(a) The number of new fraudulent and noncompliant cases that have been identified or issued by the unemployment insurance agency, classified by employer or claimant, during the quarter.

(b) The total amount of penalties and interest issued on fraudulent and noncompliant cases during the quarter.

(d) The total amount of penalties and interest still owed to the state by employer or claimant.

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

been appealed by an employer or claimant during the quarter.

Sec. 1077. From the funds appropriated in part 1 for Michigan Works!, $2,000,000.00 shall be used to assist Michigan residents to obtain further identification documents.

Sec 1077a. From the funds appropriated in part 1 for Michigan Works!, $500,000.00 shall be used to remove barriers for Michigan residents to obtain proper Michigan state ID.

Sec. 1078. (1) From the funds appropriated in part 1 for the unemployment insurance agency, the department shall maintain customer service standards for employers and claimants making use of the various means by which they can access the system.

(2) The department shall identify specific outcomes and performance metrics for this initiative, including, but not limited to, the following:

(a) Unemployment benefit fund balance.

(b) Process improvement - fiscal integrity.

(d) Process improvement - determination quality.

Sec. 1079. (1) From the funds appropriated in part 1, the department 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 department 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 department to provide all of the following items for the previous

year to the senate and house appropriations committees by January 1 of the current fiscal year:

(a) An itemized spending report on TANF funding, including all of the following:

(i) Direct services to clients.

(ii) Administrative expenditures.

(b) The number of family independence program clients served through the TANF funding, including all of the following:

(i) The number and percentage who obtained employment through Michigan Works!

(ii) The number and percentage who fulfilled their TANF work requirement through other job readiness programming.

(iii) Average TANF spending per client.

(iv) The number and percentage of clients who were referred to Michigan Works! but did not receive a job or job readiness placement and the reasons why.

(2) Not later than March 15 of the current fiscal year, the department shall provide to the senate and house appropriations subcommittees on the department budget, the senate and house fiscal agencies, and the senate and house policy offices an annual report on the following matters itemized by Michigan Works! agency: the number of referrals to Michigan Works! job readiness programs, the number of referrals to Michigan Works! job readiness programs who became a participant in the Michigan Works! job readiness programs, the number of participants who obtained employment, and the cost per participant case.

REHABILITATION SERVICES

Sec. 1081. The Michigan rehabilitation services and bureau of

services for blind persons shall work collaboratively with service organizations and government entities to identify allowable match dollars to secure available federal vocational rehabilitation funds.

Sec. 1082. From the funds appropriated in part 1, 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 line-items:

(a) Reductions and changes in administration costs and staffing.

(b) Service delivery 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. 1083. (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. 1084. (1) It is the intent of the legislature that Michigan rehabilitation services shall not implement an order of selection for vocational and rehabilitative services. If the department is at risk of entering into an order of selection for services, the department shall notify the chairs of the senate and house appropriations subcommittees on the department budget and the senate and house fiscal agencies and policy offices within 2 weeks of receiving notification.

(2) It is the intent of the legislature that the department coordinate with Michigan rehabilitation services, Michigan Works!, local technological and trade schools and programs, local community mental health offices, and other local entities, public and private, in order to fully utilize open Michigan rehabilitation services programming space, regardless of eligibility criteria.

Sec. 1085. 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. 1086. (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 services that specifically focus on economic self-sufficiency.

(2) In partnership with service providers, the department shall provide a report by March 1 of the current fiscal year to the relevant subcommittees, the house and senate appropriations committees, 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. 1087. (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. 1088. 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. 1089. (1) The funds appropriated in part 1 for a regional or subregional library shall not be released until a budget for that regional or subregional library has been approved by the department for expenditures for library services directly serving the blind and persons with disabilities.

(2) In order to receive subregional state aid as appropriated in part 1, a regional or subregional library's fiscal agency shall agree to maintain local funding support at the same level in the current fiscal year as in the fiscal agency's preceding fiscal year. If a reduction in expenditures equally affects all agencies in a local unit of government that is the regional or subregional

library's fiscal agency, that reduction shall not be interpreted as a reduction in local support and shall not disqualify a regional or subregional library from receiving state aid under part 1. If a reduction in income affects a library cooperative or district library that is a regional or subregional library's fiscal agency or a reduction in expenditures for the regional or subregional library's fiscal agency, a reduction in expenditures for the regional or subregional library shall not be interpreted as a reduction in local support and shall not disqualify a regional or subregional library from receiving state aid under part 1.

COMMISSIONS

Sec. 1090. From the funds appropriated in part 1, the office of global Michigan is to coordinate with the Asian Pacific American affairs commission, the Commission on Middle Eastern American affairs, and the Hispanic/Latino commission of Michigan to produce a report by January 31 that is to be transmitted to the senate and house subcommittee chairpersons of the relevant subcommittees, the senate and house appropriations committees, 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.

(d) Total number of meetings that each commission held with foreign diplomats.

(e) Programmatic costs of each commission.

Sec. 1091. An expenditure of funds appropriated in part 1 by the Asian Pacific American affairs commission, the commission on Middle Eastern American affairs, or the Hispanic/Latino commission of Michigan for a commission event must be directly related to the mission statement of that commission.

Sec. 1092. The office of global Michigan must produce a report by January 31 and transmit the report to the subcommittees, the senate and house fiscal agencies, and the state budget director. The report may include other information, but it must include all of the following:

(a) A description of the major programs and activities of the office of global Michigan and the number of individuals served through those programs.

(b) The number of job seekers and the number of employers that the office has served through the Michigan international talent solutions program.

(c) A description of the activities that the office has conducted to attract and retain international, advanced degree, and entrepreneurial talent.

Sec. 1093. (1) From the funds appropriate in part 1 for the office of global Michigan, the department shall allocate $500,000.00 for a competitive grant program for the development of an immigrant and refugee resource community center located in West Michigan.

(2) The grant award must have a grant agreement that outlines milestones and activities that must be met prior to receiving disbursement of funds. The center must have identifiable and measurable outcomes from the grant including, but not limited to,

the feasibility of direct service provisions and an inventory of community assets and services.

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Bill Text: MI SB0085 | 2021-2022 | 101st Legislature | Engrossed

Michigan Senate Bill 85 (Prior Session Legislation)

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