Bill Text: MI SB0923 | 2021-2022 | 101st Legislature | Introduced
Bill Title: Appropriations: other; executive recommendation; provide for omnibus bill. Creates appropriation act.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2022-02-24 - Referred To Committee On Appropriations [SB0923 Detail]
Download: Michigan-2021-SB0923-Introduced.html
SENATE BILL NO. 923
A bill to make appropriations for various state departments and agencies; the judicial branch, and the legislative branch for the fiscal year ending September 30, 2023; to provide anticipated appropriations for the fiscal year ending September 30, 2024; to provide for certain conditions on appropriations; to provide for the expenditure of the appropriations.
the people of the state of michigan enact:
For Fiscal For Fiscal
Year Ending Year Ending
Sept. 30, 2023 Sept. 30, 2024
APPROPRIATION SUMMARY
GROSS APPROPRIATION...................................... $ 74,136,505,400 $ 71,275,698,100
Total interdepartmental grants and interdepartmental
transfers.............................................. 1,218,914,000 1,218,914,000
ADJUSTED GROSS APPROPRIATION............................ $ 72,917,591,400 $ 70,056,784,100
Total federal revenues................................... 30,341,116,300 30,235,726,200
Total local revenues..................................... 323,962,300 323,962,300
Total private revenues................................... 206,628,200 206,628,200
Total other state restricted revenues................... 27,736,597,200 27,387,139,900
State general fund/general purpose...................... $ 14,309,287,400 $ 11,903,327,500
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, 2023, and are anticipated to be appropriated for the fiscal year ending September 30, 2024, 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................ 531.0 531.0
GROSS APPROPRIATION...................................... $ 172,165,100 $ 130,665,100
Total interdepartmental grants and interdepartmental
transfers.............................................. 326,700 326,700
ADJUSTED GROSS APPROPRIATION............................ $ 171,838,400 $ 130,338,400
Total federal revenues................................... 19,670,900 19,670,900
Total local revenues..................................... 0 0
Total private revenues................................... 21,300 21,300
Total other state restricted revenues................... 44,706,400 44,706,400
State general fund/general purpose...................... $ 107,439,800 $ 65,939,800
State general fund/general purpose schedule:
Ongoing state general fund/general purpose........... 65,939,800 65,939,800
One-time state general fund/general purpose.......... 41,500,000 0
Sec. 1-102. DEPARTMENTAL ADMINISTRATION AND SUPPORT
Full-time equated unclassified positions.............. 6.0 6.0
Full-time equated classified positions................ 31.0 31.0
Unclassified salaries-6.0 FTE positions................. $ 651,900 $ 651,900
Accounting service center................................ 1,048,500 1,048,500
Commissions and boards................................... 23,800 23,800
Emergency management-8.0 FTE positions.................. 2,943,800 2,943,800
Executive direction-23.0 FTE positions.................. 3,288,800 3,288,800
Property management...................................... 752,400 752,400
GROSS APPROPRIATION...................................... $ 8,709,200 $ 8,709,200
Appropriated from:
Federal revenues:
Other federal revenues................................... 447,400 447,400
Special revenue funds:
Other state restricted revenues......................... 361,700 361,700
State general fund/general purpose...................... $ 7,900,100 $ 7,900,100
Sec. 1-103. INFORMATION TECHNOLOGY
Information technology services and projects............ $ 2,337,700 $ 2,337,700
GROSS APPROPRIATION................................... . $ 2,337,700 $ 2,337,700
Appropriated from:
Special revenue funds:
Other state restricted revenues......................... 243,600 243,600
State general fund/general purpose...................... $ 2,094,100 $ 2,094,100
Sec. 1-104. FOOD AND DAIRY
Full-time equated classified positions................ 139.0 139.0
Food safety and quality assurance-103.0 FTE positions... $ 18,518,900 $ 18,518,900
Milk safety and quality assurance-36.0 FTE positions.... 5,880,600 5,880,600
GROSS APPROPRIATION...................................... $ 24,399,500 $ 24,399,500
Appropriated from:
Federal revenues:
Other federal revenues................................... 2,924,200 2,924,200
Special revenue funds:
Other state restricted revenues......................... 6,541,000 6,541,000
State general fund/general purpose...................... $ 14,934,300 $ 14,934,300
Sec. 1-105. ANIMAL INDUSTRY
Full-time equated classified positions................ 62.0 62.0
Animal disease prevention and response-62.0 FTE
positions.............................................. $ 10,970,900 $ 10,970,900
Indemnification - livestock depredation................. 15,000 15,000
Michigan animal agriculture alliance.................... 3,000,000 3,000,000
GROSS APPROPRIATION...................................... $ 13,985,900 $ 13,985,900
Appropriated from:
Federal revenues:
Other federal revenues................................... 1,082,500 1,082,500
Special revenue funds:
Other state restricted revenues......................... 221,800 221,800
State general fund/general purpose...................... $ 12,681,600 $ 12,681,600
Sec. 1-106. PESTICIDE AND PLANT PEST MANAGEMENT
Full-time equated classified positions................ 101.0 101.0
Animal feed safety-10.0 FTE positions................... $ 2,116,100 $ 2,116,100
Pesticide and plant pest management-91.0 FTE positions.. 15,606,400 15,606,400
GROSS APPROPRIATION...................................... $ 17,722,500 $ 17,722,500
Appropriated from:
Federal revenues:
Other federal revenues................................... 1,697,200 1,697,200
Special revenue funds:
Private revenues......................................... 21,300 21,300
Other state restricted revenues......................... 9,150,600 9,150,600
State general fund/general purpose...................... $ 6,853,400 $ 6,853,400
Sec. 1-107. ENVIRONMENTAL STEWARDSHIP
Full-time equated classified positions................ 66.5 66.5
Agricultural preservation easement grants............... $ 1,900,000 $ 1,900,000
Environmental stewardship - MAEAP-26.0 FTE positions.... 11,752,300 11,752,300
Farmland and open space preservation-10.0 FTE
positions.............................................. 1,608,700 1,608,700
Intercounty drain-6.0 FTE positions..................... 862,600 862,600
Local conservation districts............................ 2,000,000 2,000,000
Migrant labor housing-9.0 FTE positions................. 1,357,300 1,357,300
Qualified forest program-9.0 FTE positions.............. 8,078,600 8,078,600
Right-to-farm-6.5 FTE positions......................... 1,025,600 1,025,600
GROSS APPROPRIATION...................................... $ 28,585,100 $ 28,585,100
Appropriated from:
Interdepartmental grant revenues:
IDG from department of environment, great lakes, and
energy................................................. 94,800 94,800
Federal revenues:
Other federal revenues................................... 7,382,600 7,382,600
Special revenue funds:
Other state restricted revenues......................... 13,064,400 13,064,400
State general fund/general purpose...................... $ 8,043,300 $ 8,043,300
Sec. 1-108. LABORATORY SERVICES
Full-time equated classified positions................ 108.5 108.5
Central licensing and customer service call center-
13.0 FTE positions..................................... $ 1,533,100 $ 1,533,100
Consumer protection program-42.0 FTE positions.......... 7,067,100 7,067,100
Laboratory services-42.5 FTE positions.................. 8,282,800 8,282,800
USDA monitoring-11.0 FTE positions...................... 1,704,300 1,704,300
GROSS APPROPRIATION...................................... $ 18,587,300 $ 18,587,300
Appropriated from:
Interdepartmental grant revenues:
IDG from department of licensing and regulatory
affairs................................................ 231,900 231,900
Federal revenues:
Other federal revenues................................... 3,454,200 3,454,200
Special revenue funds:
Other state restricted revenues......................... 7,489,400 7,489,400
State general fund/general purpose...................... $ 7,411,800 $ 7,411,800
Sec. 1-109. AGRICULTURE DEVELOPMENT
Full-time equated classified positions................ 23.0 23.0
Agriculture development-13.0 FTE positions.............. $ 4,806,400 $ 4,806,400
Fair food network - double up food bucks................ 900,000 900,000
Food and agriculture investment program................. 2,472,600 2,472,600
Michigan craft beverage council-3.0 FTE positions....... 926,100 926,100
Office of rural development-1.0 FTE position............ 179,800 179,800
Producer security/grain dealers-5.0 FTE positions....... 754,000 754,000
Rural development fund grant program-1.0 FTE position... 2,004,800 2,004,800
GROSS APPROPRIATION...................................... $ 12,043,700 $ 12,043,700
Appropriated from:
Federal revenues:
Other federal revenues................................... 2,682,800 2,682,800
Special revenue funds:
Other state restricted revenues......................... 3,839,700 3,839,700
State general fund/general purpose...................... $ 5,521,200 $ 5,521,200
Sec. 1-110. FAIRS AND EXPOSITIONS
County fairs, shows, and expositions.................... $ 500,000 $ 500,000
Fairs and racing......................................... 258,600 258,600
Horse racing advisory commission........................ 125,000 125,000
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...................................... $ 4,294,200 $ 4,294,200
Appropriated from:
Special revenue funds:
Other state restricted revenues......................... 3,794,200 3,794,200
State general fund/general purpose...................... $ 500,000 $ 500,000
Sec. 1-111. ONE-TIME APPROPRIATIONS
Buy Michigan campaign.................................... $ 1,000,000 $ 0
Community supported agriculture program................. 500,000 0
Economic development for food and agriculture........... 30,000,000 0
Office of rural development.............................. 10,000,000 0
GROSS APPROPRIATION...................................... $ 41,500,000 $ 0
Appropriated from:
Special revenue funds:
State general fund/general purpose...................... $ 41,500,000 $ 0
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
FISCAL YEAR 2023
GENERAL SECTIONS
Sec. 1-201. Pursuant to section 30 of article IX of the state constitution of 1963, total state spending from state sources under part 1 for the fiscal year 2023 is $152,146,200.00 and state spending from state sources to be paid to local units of government for fiscal year 2023 is $15,800,000.00. The itemized statement below identifies appropriations from which spending to local units of government will occur:
DEPARTMENT OF AGRICULTURE AND RURAL DEVELOPMENT
Agricultural preservation easement grants.............................. $ 1,900,000
Environmental stewardship - MAEAP...................................... 4,100,000
Local conservation districts........................................... 2,000,000
Qualified forest program............................................... 1,400,000
Rural development fund grant program................................... 1,400,000
Office of rural development............................................ 5,000,000
TOTAL.................................................................... $ 15,800,000
Sec. 1-202. The appropriations authorized under this article are subject to the management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594.
Sec. 1-203. As used in this article:
(a) "Department" means the department of agriculture and rural development.
(b) "Director" means the director of the department.
(c) "FTE" means full-time equated.
(d) "IDG" means interdepartmental grant.
(e) "MAEAP" means the Michigan agriculture environmental assurance program.
(f) "TB" means tuberculosis.
(g) "USDA" means the United States Department of Agriculture.
Sec. 1-204. The departments and agencies receiving appropriations in part 1 shall use the Internet to fulfill the reporting requirements of this article. This requirement shall include transmission of reports via Email to the recipients identified for each reporting requirement, or it shall include placement of reports on an Internet site.
Sec. 1-205. To the extent permissible under MCL 18.1261:
(a) Funds appropriated in part 1 must 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 must be given to goods or services, or both, manufactured or provided by Michigan businesses, if they are competitively priced and of comparable quality.
(c) In addition, preference must be given to goods or services, or both, that are manufactured or provided by Michigan businesses owned and operated by veterans, if they are competitively priced and of comparable quality.
Sec. 1-206. To the extent permissible under the management and budget act, the director shall take all reasonable steps to ensure businesses in deprived and depressed communities compete for and perform contracts to provide services or supplies, or both. 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. 1-207. Consistent with MCL 18.1217, the departments and agencies receiving appropriations in part 1 shall prepare a report on out-of-state travel expenses not later than January 1 of each year. The travel report shall be a listing of all travel by classified and unclassified employees outside this state in the immediately preceding fiscal year that was funded in whole or in part with funds appropriated in the department's budget. The report shall be submitted to the senate and house appropriations committees, the house and senate fiscal agencies, and the state budget director. The report shall include the following information:
(a) The dates of each travel occurrence.
(b) The transportation and related costs of each travel occurrence, including the proportion funded with state general fund/general purpose revenues, the proportion funded with state restricted revenues, the proportion funded with federal revenues, and the proportion funded with other revenues.
Sec. 1-208. Funds appropriated in part 1 shall not be used by a principal executive department, state agency, or authority to hire a person to provide legal services that are the responsibility of the attorney general. This prohibition does not apply to legal services for bonding activities and for those outside services that the attorney general authorizes.
Sec. 1-209. Not later than December 31, the state budget office shall prepare and transmit a report that provides for estimates of the total general fund/general purpose appropriation lapses at the close of the prior fiscal year. This report shall summarize the projected year-end general fund/general purpose appropriation lapses by major departmental program or program areas. The report shall be transmitted to the chairpersons of the senate and house appropriations committees and the senate and house fiscal agencies.
Sec. 1-210. (1) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $5,000,000.00 for federal contingency funds. These funds are not available for expenditure until they have been transferred to another line item in this article under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.
(2) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $6,000,000.00 for state restricted contingency funds. These funds are not available for expenditure until they have been transferred to another line item in this article under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.
(3) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $100,000.00 for local contingency funds. These funds are not available for expenditure until they have been transferred to another line item in this article under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.
(4) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $100,000.00 for private contingency funds. These funds are not available for expenditure until they have been transferred to another line item in this article under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.
Sec. 1-211. From the funds appropriated in part 1, the department shall provide to the department of technology, management and budget information sufficient to maintain a searchable website accessible by the public at no cost that includes, but is not limited to, all of the following for each department or agency:
(a) Fiscal year-to-date expenditures by category.
(b) Fiscal year-to-date expenditures by appropriation unit.
(c) Fiscal year-to-date payments to a selected vendor, including the vendor name, payment date, payment amount, and payment description.
(d) The number of active department employees by job classification.
(e) Job specifications and wage rates.
Sec. 1-212. Within 14 days after the release of the executive budget recommendation, the department shall provide to the state budget office information sufficient to provide the senate and house appropriations chairs, the senate and house appropriations subcommittees chairs, and the senate and house fiscal agencies with an annual report on estimated state restricted fund balances, state restricted fund projected revenues, and state restricted fund expenditures for the fiscal years ending September 30, 2022 and September 30, 2023.
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, 2023 are estimated at $11,574,600.00. From this amount, total agency appropriations for pension-related legacy costs are estimated at $7,027,300.00. Total agency appropriations for retiree health care legacy costs are estimated at $4,547,300.00.
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. 1-451. From the funds appropriated in part 1 for bovine TB, the department shall pay for all whole herd testing costs and individual animal testing costs in the modified accredited zone and buffer counties as referenced in the current memorandum of understanding between the department and the USDA to maintain split-state status requirements. These costs include indemnity and compensation for injury causing death or downer to animals.
Sec. 1-452. (1) The department shall report on the previous calendar year's activities of the animal industry division. The report shall be transmitted to the subcommittees, the fiscal agencies, and the state budget office and posted to the department's website on or before April 1 of each year.
(2) The department shall include in the report all indemnification payments for livestock depredation made in the previous calendar year and shall include all of the following:
(a) The reason for the indemnification.
(b) The amount of the indemnification.
(c) The person for whom the indemnification was paid.
Sec. 1-454. The department shall use its resources to collaborate with the USDA to monitor bovine TB, consistent with the December 2019 memorandum of understanding between the department and the USDA.
Sec. 1-457. (1) On or before October 15 of each year, the department shall provide to the subcommittees, the fiscal agencies, and the state budget office a report on bovine TB status and department activities.
(2) For each fiscal quarter following the report required in subsection (1), the department shall provide an update to the subcommittees, the fiscal agencies, and the state budget office. The quarterly update reports shall identify significant impacts to the program, including new incidence of bovine TB in this state, department activity associated with specific new incidence of bovine TB, any changes in USDA requirements or movement orders, and information and data on wildlife risk mitigation plan implementation in the modified accredited zone; implementation of a movement certificate process; progress toward annual surveillance test requirements; efforts to work with slaughter facilities in this state, as well as those that slaughter a significant number of animals from this state; educational programs and information for this state's livestock community; and any other item the legislature should be aware of that will promote or hinder efforts to achieve bovine TB-free status for this state.
Sec. 1-458. From the funds appropriated in part 1 for Michigan animal agriculture alliance, the department shall work with animal industry representatives and state research universities to establish an animal research grant program.
PESTICIDE AND PLANT PEST MANAGEMENT
Sec. 1-501. The department shall report on the previous calendar year's activities of the pesticide and plant pest management division. The report shall be transmitted to the subcommittees, the fiscal agencies, and the state budget office and posted to the department's website on or before April 1 of each year.
ENVIRONMENTAL STEWARDSHIP
Sec. 1-601. The funds appropriated in part 1 for environmental stewardship/MAEAP shall be used to support department agriculture pollution prevention programs, including groundwater and freshwater protection programs under part 87 of the 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 2018.
Sec. 1-602. The department shall report on the previous calendar year's activities of the environmental stewardship division. The report shall be transmitted to the subcommittees, the fiscal agencies, and the state budget office and posted to the department's website on or before April 1 of each year.
Sec. 1-604. The department may receive and expend federal revenues up to a total of $1,000,000.00 in excess of the federal revenue appropriated in section 107 of part 1 for environmental stewardship and MAEAP activities. The department shall notify the subcommittees, the fiscal agencies, and the state budget office prior to expending federal revenues authorized under this section.
Sec. 1-608. (1) The appropriations in part 1 for the qualified forest 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. 1-609. (1) The appropriations in part 1 for local conservation districts shall be distributed in equal amounts to local conservation districts in this state that were in operation as of April 15, 2021.
(2) On or before March 1, 2023, the department shall report on the previous calendar year's activities of local conservation districts. The report shall include descriptions of local conservation district activities and funding, including uses of appropriations made in part 1. In preparing this report, the department shall coordinate with representatives of local conservation districts. The report shall be transmitted to the subcommittees, the fiscal agencies, and the state budget office and posted to the department's website.
LABORATORY SERVICES
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, the fiscal agencies, and the state budget office and posted to the department's website on or before April 1 of each year.
AGRICULTURE DEVELOPMENT
Sec. 1-701. (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 with a focus on new and expanding protein processors, and the expansion of farm markets and urban agriculture, including promotion of hoop houses, 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 department shall include in the agriculture development annual report a report on the food and agriculture investment program for the previous fiscal year that includes a listing of the grantees, award amounts, match funding, project locations, and project outcomes.
(6) The food and agriculture investment program shall be administered by the department and provide support for food and agriculture projects that will enable growth in the industry and this state's economy.
(7) 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 of the management and budget act, 1984 PA 431, MCL 18.1451a:
(a) The purpose of the project is for promoting and expanding 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 estimated cost of this project is $2,472,600.00
(d) The tentative completion date for the work project is September 30, 2025.
(8) The department may expend money from the funds appropriated in part 1 for the food and agriculture investment program, including all of the following activities:
(a) Grants.
(b) Loans or loan guarantees.
(c) Infrastructure development.
(d) Other economic assistance.
(e) Program administration.
(f) Export assistance.
(9) The department shall expend no more than 5% from the funds appropriated in part 1 for the food and agriculture investment program for administrative purposes.
Sec. 1-702. The department shall work with the rural development fund board to establish a process and criteria for funding projects as well as establishing metrics and measurable outcomes for the program. Funds appropriated from the rural development fund grant program shall be used in accordance with the provisions of the rural development fund act, 2012 PA 411, MCL 286.941 to 286.947.
Sec. 1-703. (1) From the funds appropriated in part 1 for fair food network - double up food bucks, the department shall work with the fair food network to ensure that at least 80% of the funds allocated to the double up food bucks program are directly used for the payments to participating vendors.
(2) The department shall work with the department of health and human service to do all of the following:
(a) Notify recipients of food assistance program benefits that food assistance program benefits can be accessed at many farmer's markets in this state with bridge cards.
(b) Notify recipients of food assistance program benefits about the double up food bucks program that is administered by the fair food network. Food assistance program recipients shall receive information about the double up food bucks program, including information that explains that when program recipients spend up to $20.00 at participating farmer's markets and grocery stores, the recipient can receive an additional $20.00 to buy Michigan produce.
(3) The department shall work with the fair food network to expand access to the double up food bucks program in each of the state's counties with grocery stores or farmer's markets that meet the program's eligibility requirements.
(4) On or before June 1, 2023 the department shall submit a report on activities and outcomes of the double up food bucks program to the house and senate appropriations subcommittees on agriculture and rural development and the fiscal agencies. The report shall contain all of the following:
(a) Counties in this state with participating double up food bucks vendors the number of vendors by county, and the name and location of vendors, as of May 1, 2022.
(b) Counties in this state with participating double up food bucks vendors, the number of vendors by county, and the name and location of vendors, as of May 1, 2023. The report shall highlight counties and vendors added to the program since May 1, 2022.
(c) Number of individuals participating in the program by county.
Sec. 1-706. (1) The department shall report on the previous calendar year's activities of the agriculture development division. The report shall be transmitted to the subcommittees, the fiscal agencies, and the state budget office and posted to the department's website on or before April 1 of each year.
(2) The report shall include the following information on any grants awarded during the prior fiscal year:
(a) The name of the grantee.
(b) The amount of the grant.
(c) The purpose of the grant, including measurable outcomes.
(d) Additional state, federal, private, or local funds contributed to the grant project.
(e) The completion date of grant-funded activities.
(3) The report shall include the following information on the Michigan craft beverage council established under section 303 of the Michigan liquor control code of 1998, 1998 PA 58, MCL 436.1303:
(a) Council activities and accomplishments for the previous fiscal year.
(b) Council expenditures for the previous fiscal year by category of administration, industry support, research and education grants, and promotion and consumer education.
(c) Grants awarded during the previous fiscal year and the results of research grant projects completed during the previous fiscal year.
Sec. 1-707. The unexpended industry support fund revenues at the end of the fiscal year may be carried forward into the industry support fund in the succeeding fiscal year and shall not lapse to the general fund.
FAIRS AND EXPOSITIONS
Sec. 1-801. All appropriations from the agriculture equine industry development fund shall be spent on equine-related purposes. No funds from the agriculture equine industry development fund shall be expended for nonequine-related purposes without prior approval of the legislature.
Sec. 1-802. From the funds appropriated in part 1 from agriculture equine industry development funds, available revenue shall be allocated in the following priority order:
(a) To support all administrative, contractual, and regulatory costs incurred by the department and the Michigan gaming control board.
(b) Up to $495,000.00 shall be allocated to the purses and supplements - fairs/licensed tracks line item.
(c) Any remaining funds collected through September 30, 2023, after the obligations in subdivisions (a) and (b) have been met, shall be prorated equally among the supplements, breeders' awards, and sire stakes awards to eligible race meeting licensees in accordance with section 20 of the horse racing law of 1995, 1995 PA 279, MCL 431.320.
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 50% 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 $25,000.00 shall be expended for the purpose of financial support, promotion, prizes, and premiums of equine, livestock, and other agricultural commodity expositions in this state, and festivals.
(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 nonfair events. These reports are due for 3 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 for administering the program.
(7) The unexpended funds appropriated in part 1 for county fairs, shows, and expositions are designated as a work project appropriation, and any unencumbered or unallotted funds shall not lapse at the end of the 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 18.145a:
(a) The purpose of the project is for supporting 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 estimated cost of the project is $500,000.00.
(d) The tentative completion date for the work project is September 30, 2025.
(8) The department shall provide a year-end report on the county fairs, shows, and expositions grants no later than December 1, 2023 to the subcommittees, the fiscal agencies, and the state budget director that includes a listing of the grantees, award amounts, match funding, and project outcomes.
ONE-TIME APPROPRIATIONS
Sec. 1-900. (1) From the funds appropriated in part 1 for the Office of Rural Development, the department shall establish a grant program to support community activities, including but not limited to enhancing or elevating broadband, housing, infrastructure, education, workforce development and address other needs uniquely experienced in rural areas of Michigan.
(2) From the funds in part 1, the department may increase capacity by a total of 3.0 FTE positions (limited term) to administer the program.
(3) The unexpended funds appropriated in part 1 for the Office of Rural Development 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 supporting rural communities.
(b) The project will be accomplished by utilizing state employees or contracts with service providers, or both.
(c) The estimated cost of this project is $10,000,000.00.
(d) The tentative completion date for the work project is September 30, 2027.
Sec. 1-901. (1) From the funds appropriated in part 1 for the economic development for food and agriculture industries program, the department shall establish a grant program to support the food supply chain from Michigan farms and improve food safety and security in Michigan.
(2) From the funds appropriated in part 1, the department may increase capacity by a total of 8.0 FTE positions (limited term) to administer the program.
(3) The unexpended funds appropriated in part 1 for the economic development for food and agriculture industries 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 for stabilizing and accelerating the food supply chain while significantly increasing food security and reducing environmental risk in Michigan.
(b) The project will be accomplished by utilizing state employees or contracts with service providers, or both.
(c) The estimated cost of this project is $30,000,000.00.
(d) The tentative completion date for the work project is September 30, 2027.
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, 2023, and are anticipated to be appropriated for the fiscal year ending September 30, 2024, 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................ 549.9 549.9
GROSS APPROPRIATION...................................... $ 126,888,000 $ 111,888,000
Total interdepartmental grants and interdepartmental
transfers.............................................. 35,954,600 35,954,600
ADJUSTED GROSS APPROPRIATION............................ $ 90,933,400 $ 75,933,400
Total federal revenues................................... 10,101,900 10,101,900
Total local revenues..................................... 0 0
Total private revenues................................... 0 0
Total other state restricted revenues................... 20,786,700 20,786,700
State general fund/general purpose...................... $ 60,044,800 $ 45,044,800
State general fund/general purpose schedule:
Ongoing state general fund/general purpose........... 45,044,800 45,044,800
One-time state general fund/general purpose.......... 15,000,000 0
Sec. 2-102. ATTORNEY GENERAL OPERATIONS
Full-time equated unclassified positions.............. 6.0 6.0
Full-time equated classified positions................ 549.9 549.9
Attorney general-1.0 FTE position....................... $ 112,500 $ 112,500
Unclassified salaries-5.0 FTE positions................. 900,300 900,300
Child support enforcement-25.0 FTE positions............ 3,753,400 3,753,400
Operations-504.9 FTE positions.......................... 100,438,100 100,438,100
Prosecuting attorneys coordinating council-14.0 FTE
positions............................................ . 2,678,100 2,678,100
Public safety initiative-1.0 FTE position............... 888,600 888,600
Sexual assault law enforcement-5.0 FTE positions........ 1,465,000 1,465,000
GROSS APPROPRIATION...................................... $ 110,236,000 $ 110,236,000
Appropriated from:
Interdepartmental grant revenues:
IDG from department of corrections...................... 714,800 714,800
IDG from department of education........................ 805,700 805,700
IDG from department of environment, great lakes, and
energy................................................. 2,182,000 2,182,000
IDG from department of health and human services........ 8,094,300 8,094,300
IDG from department of insurance and financial
services............................................... 1,244,400 1,244,400
IDG from department of labor and economic opportunity... 1,747,200 1,747,200
IDG from department of licensing and regulatory
affairs................................................ 7,679,900 7,679,900
IDG from department of military and veterans affairs.... 177,500 177,500
IDG from department of state............................ 45,000 45,000
IDG from department of state police..................... 282,700 282,700
IDG from department of technology, management and
budget................................................. 3,013,500 3,013,500
IDG from department of transportation................... 2,474,000 2,474,000
IDG from department of treasury......................... 7,493,600 7,493,600
Federal revenues:
Other federal revenues................................... 10,101,900 10,101,900
Special revenue funds:
Michigan merit award trust fund......................... 530,800 530,800
Other state restricted revenues......................... 20,255,900 20,255,900
State general fund/general purpose...................... $ 43,392,800 $ 43,392,800
Sec. 2-103. INFORMATION TECHNOLOGY
Information technology services and projects............ $ 1,652,000 $ 1,652,000
GROSS APPROPRIATION...................................... $ 1,652,000 $ 1,652,000
Appropriated from:
Special revenue funds:
State general fund/general purpose...................... $ 1,652,000 $ 1,652,000
Sec. 2-104. ONE-TIME APPROPRIATIONS
Job court................................................ $ 5,000,000 $ 0
Prosecuting attorneys association of Michigan digital
evidence storage....................................... 10,000,000 0
GROSS APPROPRIATION...................................... $ 15,000,000 $ 0
Appropriated from:
Special revenue funds:
State general fund/general purpose...................... $ 15,000,000 $ 0
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
FISCAL YEAR 2023
GENERAL SECTIONS
Sec. 2-201. Pursuant to section 30 of article IX of the state constitution of 1963, total state spending from state sources under part 1 for the fiscal year 2023 is $80,831,500.00 and state spending from state sources to be paid to local units of government for fiscal year 2023 is $0.00.
Sec. 2-202. The appropriations authorized under this article are subject to the management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594.
Sec. 2-203. As used in this article:
(a) "Department" means the department of attorney general.
(b) "Director" means the director of the department.
(c) "FTE" means full-time equated.
(d) "IDG" means interdepartmental grant.
(e) "DNA" means deoxyribonucleic acid.
(f) "PFAS" means Perfluoroalkyl and polyfluoroalkyl substances.
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 shall include transmission of reports via Email to the recipients identified for each reporting requirement, or it shall include placement of reports on an Internet site.
Sec. 2-205. To the extent permissible under MCL 18.1261:
(a) Funds appropriated in part 1 must 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 must be given to goods or services, or both, manufactured or provided by Michigan businesses, if they are competitively priced and of comparable quality.
(c) In addition, preference must be given to goods or services, or both, that are manufactured or provided by Michigan businesses owned and operated by veterans, if they are competitively priced and of comparable quality.
Sec. 2-206. To the extent permissible under the management and budget act, the director shall take all reasonable steps to ensure businesses in deprived and depressed communities compete for and perform contracts to provide services or supplies, or both. 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. 2-207. Consistent with MCL 18.1217, the departments and agencies receiving appropriations in part 1 shall prepare a report on out-of-state travel expenses not later than January 1 of each year. The travel report shall be a listing of all travel by classified and unclassified employees outside this state in the immediately preceding fiscal year that was funded in whole or in part with funds appropriated in the department's budget. The report shall be submitted to the senate and house appropriations committees, the house and senate fiscal agencies, and the state budget director. The report shall include the following information:
(a) The dates of each travel occurrence.
(b) The transportation and related costs of each travel occurrence, including the proportion funded with state general fund/general purpose revenues, the proportion funded with state restricted revenues, the proportion funded with federal revenues, and the proportion funded with other revenues.
Sec. 2-208. Funds appropriated in part 1 shall not be used by a principal executive department, state agency, or authority to hire a person to provide legal services that are the responsibility of the attorney general. This prohibition does not apply to legal services for bonding activities and for those outside services that the attorney general authorizes.
Sec. 2-209. Not later than December 31, the state budget office shall prepare and transmit a report that provides for estimates of the total general fund/general purpose appropriation lapses at the close of the prior fiscal year. This report shall summarize the projected year-end general fund/general purpose appropriation lapses by major departmental program or program areas. The report shall be transmitted to the chairpersons of the senate and house appropriations committees and the senate and house fiscal agencies.
Sec. 2-210. (1) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $750,000.00 for federal contingency funds. These funds are not available for expenditure until they have been transferred to another line item in this article under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.
(2) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $750,000.00 for state restricted contingency funds. These funds are not available for expenditure until they have been transferred to another line item in this article under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.
(3) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $50,000.00 for local contingency funds. These funds are not available for expenditure until they have been transferred to another line item in this article under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.
(4) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $50,000.00 for private contingency funds. These funds are not available for expenditure until they have been transferred to another line item in this article under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.
Sec. 2-211. From the funds appropriated in part 1, the department shall provide to the department of technology, management and budget information sufficient to maintain a searchable website accessible by the public at no cost that includes, but is not limited to, all of the following for each department or agency:
(a) Fiscal year-to-date expenditures by category.
(b) Fiscal year-to-date expenditures by appropriation unit.
(c) Fiscal year-to-date payments to a selected vendor, including the vendor name, payment date, payment amount, and payment description.
(d) The number of active department employees by job classification.
(e) Job specifications and wage rates.
Sec. 2-212. Within 14 days after the release of the executive budget recommendation, the department shall provide to the state budget office information sufficient to provide the senate and house appropriations chairs, the senate and house appropriations subcommittees chairs, and the senate and house fiscal agencies with an annual report on estimated state restricted fund balances, state restricted fund projected revenues, and state restricted fund expenditures for the fiscal years ending September 30, 2022 and September 30, 2023.
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, 2023 are estimated at $17,285,100.00. From this amount, total agency appropriations for pension-related legacy costs are estimated at $10,494,300.00. Total agency appropriations for retiree health care legacy costs are estimated at $6,790,800.00.
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 $500,000.00 from litigation expense reimbursements awarded to the state.
(2) The funds may be expended for the payment of court judgments, settlements, arbitration awards or other administrative and litigation decisions, attorney fees, and litigation costs, assessed against the office of the governor, the department of the attorney general, the governor, or the attorney general when acting in an official capacity as the named party in litigation against the state. The funds may also be expended for the payment of state costs incurred under section 16 of chapter X of the code of criminal procedure, 1927 PA 175, MCL 770.16.
(3) Unexpended funds at the end of the fiscal year may be carried forward for expenditure in the following year, up to a maximum authorization of $250,000.00.
Sec. 2-309. (1) From the prisoner reimbursement funds appropriated in part 1, the department may spend up to $564,100.00 on activities related to the state correctional facility reimbursement act, 1935 PA 253, MCL 800.401 to 800.406. In addition to the funds appropriated in part 1, if the department collects in excess of $1,131,000.00 in gross annual prisoner reimbursement receipts provided to the general fund, the excess, up to a maximum of $1,000,000.00, is appropriated to the department of attorney general and may be spent on the representation of the department of corrections and its officers, employees, and agents, including, but not limited to, the defense of litigation against the state, its departments, officers, employees, or agents in civil actions filed by prisoners.
(2) The attorney general's office shall make available upon request information on the dollar amount of prisoner reimbursements collected from subsection (1) as well as descriptions of all expenditures made from the reimbursements, including what activities related to the state correctional facility reimbursement act, 1935 PA 253, MCL 800.401 to 800.406, funds were spent on.
Sec. 2-309a. Not later than March 1, the department of attorney general must report to the house and senate appropriations subcommittees with jurisdiction over the budget of the department of corrections, and the house and senate fiscal agencies, the total amount of reimbursements received under section 6 of the state correctional facility reimbursement act, 1935 PA 253, MCL 800.406, the amount paid to conduct the investigations from these reimbursements, and the amount credited to the general fund from these reimbursements.
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 non-salary litigation expenses associated with a pending legal action.
Sec. 2-313. The department of attorney general must submit a quarterly report to the house and senate standing committees on appropriations, the house and senate appropriations subcommittees on general government, the house and senate fiscal agencies, and the state budget office, regarding the lawsuit settlement proceeds fund that includes all of the following:
(a) The total amount of revenue deposited into the lawsuit settlement proceeds fund in the current fiscal year delineated by case.
(b) The total amount appropriated from the lawsuit settlement proceeds fund in the current fiscal year delineated by appropriation.
(c) Earned settlement proceeds that are anticipated but not yet deposited into the fund delineated by case.
(d) Any known potential settlement amounts from cases that have not been decided, delineated by case.
Sec. 2-314. (1) From the lawsuit settlement proceeds fund appropriated in part 1, the department may spend the funds for the costs of all associated expenses related to the declaration of emergency due to drinking water contamination up to $2,667,100.00.
(2) The attorney general's office must submit a quarterly report to the house and senate standing committees on appropriations, the house and senate appropriations subcommittees on general government, the senate and house fiscal agencies, and the state budget director, detailing how funds in subsection (1) and all other currently and previously budgeted funds associated with legal costs pertaining to the Flint water declaration of emergency were expended. The report must itemize expenditures by case, purpose, hourly rate of retained attorney, and department involved.
(3) As a condition of receiving funds appropriated in part 1, the attorney general must not retain the services of an outside counsel associated with the declaration of emergency due to drinking water contamination at an hourly rate of more than $250.00 unless all reporting requirements under subsection (2) are satisfied.
Sec. 2-316. (1) From the funds appropriated in part 1 for sexual assault law enforcement efforts, the department shall use the funds for testing of backlogged sexual assault kits across this state. The funding provided in part 1 shall be distributed in the following order of priority:
(a) To eliminate all county sexual assault kit backlogs across this state.
(b) To assist local prosecutors with investigations and prosecutions of viable cases.
(c) To provide victim services.
(2) The department of the attorney general shall provide a report by February 1. The report shall include the following information:
(a) The number of sexual assault kits across this state that remain untested as of January 31.
(b) A detailed work plan outlining the department's action plan to eliminate all outstanding sexual assault kits and the time frame for completion of testing of all untested sexual assault kits.
(c) A detailed work and spending plan outlining anticipated litigation action and expenditures resulting from findings of the sexual assault kit testing. The report shall be submitted to the state budget office, the senate and house fiscal agencies, and the senate and house of representatives standing committees on appropriations subcommittees on general government.
(3) Any funds remaining after the department has met the obligations required under subsection (1) may be used for the purpose of retesting any previously tested sexual assault kits across this state using currently available DNA testing. Funds only may be used for DNA testing on previously tested kits that were not tested for DNA. If there are remaining untested sexual assault kits on January 31, 2023, funds appropriated in part 1 shall only be used for the testing of those kits.
Sec. 2-317. (1) The department of attorney general shall report all legal costs and associated expenses related to the declaration of emergency due to drinking water contamination, and the investigations and any resulting prosecutions, for publication in the Flint water emergency-financial and activities tracking and reporting document that is posted by the state budget director on the public website, michigan.gov/flintwater. The tracking and reporting documents shall include the budget line item source for each expenditure.
(2) At the conclusion of all attorney general investigations related to the declaration of emergency due to drinking water contamination, all materials related to any investigations shall be preserved pursuant to applicable document retention policies.
Sec. 2-319. From the funds appropriated in part 1, the attorney general shall provide a quarterly report on the wrongful imprisonment compensation fund to the chairpersons of the appropriations subcommittees on general government, the senate and house fiscal agencies, and the state budget director. The report shall include at least the following:
(a) All payments made from the wrongful imprisonment fund in the previous quarter, including if the payment is part of a new settlement or part of an installment plan.
(b) Any settlements that have been decided, but have yet to receive a payment.
(c) The number of known cases seeking a settlement, but do not have a final judgment, and the dollar amount of each potential payment for these known cases.
(d) The balance of the wrongful imprisonment fund at the end of the previous quarter.
Sec. 2-320. From the funds appropriated in part 1, the department of attorney general shall do all of the following:
(a) Notify the appropriation chairs and fiscal agencies of all lawsuit settlements with a fiscal impact of $2,000,000.00 or more no later than 10 days after a settlement is reached.
(b) Enforce the laws of this state.
Sec. 2-322. (1) The department must provide a quarterly report to the chairpersons of the appropriations subcommittees on general government, the house and senate fiscal agencies, and the state budget director on the total dollar expenditure amount related to each of the following department initiatives and activities:
(a) Catholic church investigation.
(b) Elder abuse task force.
(c) Conviction integrity unit.
(d) Opioid litigation.
(e) Hate crimes unit.
(f) Payroll fraud enforcement unit.
(g) PFAS contamination.
(h) Human trafficking.
(i) Robocall enforcement.
(2) For each expenditure required under subsection (1) the report must include the dollar amount spent by line item appropriation and fund source.
Sec. 2-324. Not later than September 30, 2023, the department of attorney general must make available to the public on its website a report on the activities and findings, since April 1, 2019, of the payroll fraud enforcement unit. Information in the report must include, but is not limited to, a listing of each complaint received by the unit, what enforcement action, if any, was taken, and what complaints were not subject to any action being taken by the department. The report must also be submitted to the house and senate appropriations committees, the house and senate appropriations subcommittees on general government, the state budget office, and the house and senate fiscal agencies. In the event the payroll fraud enforcement unit requests another department or agency investigate the validity of a report received, or if they refer a complaint to another department or agency, the office of attorney general shall request those departments or agencies to report back on their findings so that the department of attorney general can comply with this section.
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, 2023, and are anticipated to be appropriated for the fiscal year ending September 30, 2024, from the funds indicated in this part. The following is a summary of the appropriations and anticipated appropriations in this part:
DEPARTMENT OF CIVIL RIGHTS
APPROPRIATION SUMMARY
Full-time equated unclassified positions.............. 6.0 6.0
Full-time equated classified positions................ 109.0 109.0
GROSS APPROPRIATION...................................... $ 21,601,600 $ 17,949,700
Total interdepartmental grants and interdepartmental
transfers.............................................. 0 0
ADJUSTED GROSS APPROPRIATION............................ $ 21,601,600 $ 17,949,700
Total federal revenues................................... 2,890,900 2,890,900
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...................... $ 18,633,500 $ 14,981,600
State general fund/general purpose schedule:
Ongoing state general fund/general purpose........... 14,981,600 14,981,600
One-time state general fund/general purpose.......... 3,651,900 0
Sec. 3-102. CIVIL RIGHTS OPERATIONS
Full-time equated unclassified positions.............. 6.0 6.0
Full-time equated classified positions................ 109.0 109.0
Unclassified salaries-6.0 FTE positions................. $ 788,500 $ 788,500
Complaint investigation and enforcement-53.0 FTE
positions.............................................. 7,906,700 7,906,700
Division on deaf, deafblind, and hard of hearing-6.0
FTE positions.......................................... 741,400 741,400
Executive office-23.0 FTE positions..................... 2,980,900 2,980,900
Law and policy-15.0 FTE positions....................... 1,543,500 1,543,500
Museums support.......................................... 1,500,000 1,500,000
Public affairs-12.0 FTE positions....................... 1,718,400 1,718,400
GROSS APPROPRIATION...................................... $ 17,179,400 $ 17,179,400
Appropriated from:
Federal revenues:
Other federal revenues................................... 2,875,900 2,875,900
Special revenue funds:
Private revenues......................................... 18,700 18,700
Other state restricted revenues......................... 58,500 58,500
State general fund/general purpose...................... $ 14,226,300 $ 14,226,300
Sec. 3-103. INFORMATION TECHNOLOGY
Information technology services and projects............ $ 770,300 $ 770,300
GROSS APPROPRIATION...................................... $ 770,300 $ 770,300
Appropriated from:
Federal revenues:
Other federal revenues................................... 15,000 15,000
Special revenue funds:
State general fund/general purpose...................... $ 755,300 $ 755,300
Sec. 3-104. ONE-TIME APPROPRIATIONS
Complaint investigation and enforcement................. $ 3,151,900 $ 0
Native American boarding school study................... 500,000 0
GROSS APPROPRIATION...................................... $ 3,651,900 $ 0
Appropriated from:
Special revenue funds:
State general fund/general purpose...................... $ 3,651,900 $ 0
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
FISCAL YEAR 2023
GENERAL SECTIONS
Sec. 3-201. Pursuant to section 30 of article IX of the state constitution of 1963, total state spending from state sources under part 1 for the fiscal year 2023 is $18,692,000.00 and state spending from state sources to be paid to local units of government for fiscal year 2023 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.
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 shall include transmission of reports via Email to the recipients identified for each reporting requirement, or it shall include placement of reports on an Internet site.
Sec. 3-205. To the extent permissible under MCL 18.1261:
(a) Funds appropriated in part 1 must 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 must be given to goods or services, or both, manufactured or provided by Michigan businesses, if they are competitively priced and of comparable quality.
(c) In addition, preference must be given to goods or services, or both, that are manufactured or provided by Michigan businesses owned and operated by veterans, if they are competitively priced and of comparable quality.
Sec. 3-206. To the extent permissible under the management and budget act, the director shall take all reasonable steps to ensure businesses in deprived and depressed communities compete for and perform contracts to provide services or supplies, or both. 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. 3-207. Consistent with MCL 18.1217, the departments and agencies receiving appropriations in part 1 shall prepare a report on out-of-state travel expenses not later than January 1 of each year. The travel report shall be a listing of all travel by classified and unclassified employees outside this state in the immediately preceding fiscal year that was funded in whole or in part with funds appropriated in the department's budget. The report shall be submitted to the senate and house appropriations committees, the house and senate fiscal agencies, and the state budget director. The report shall include the following information:
(a) The dates of each travel occurrence.
(b) The transportation and related costs of each travel occurrence, including the proportion funded with state general fund/general purpose revenues, the proportion funded with state restricted revenues, the proportion funded with federal revenues, and the proportion funded with other revenues.
Sec. 3-208. Funds appropriated in part 1 shall not be used by a principal executive department, state agency, or authority to hire a person to provide legal services that are the responsibility of the attorney general. This prohibition does not apply to legal services for bonding activities and for those outside services that the attorney general authorizes.
Sec. 3-209. Not later than December 31, the state budget office shall prepare and transmit a report that provides for estimates of the total general fund/general purpose appropriation lapses at the close of the prior fiscal year. This report shall summarize the projected year-end general fund/general purpose appropriation lapses by major departmental program or program areas. The report shall be transmitted to the chairpersons of the senate and house appropriations committees and the senate and house fiscal agencies.
Sec. 3-210. (1) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $2,000,000.00 for federal contingency funds. These funds are not available for expenditure until they have been transferred to another line item in this article under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.
(2) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $750,000.00 for private contingency funds. These funds are not available for expenditure until they have been transferred to another line item in this article under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.
Sec. 3-211. From the funds appropriated in part 1, the department shall provide to the department of technology, management and budget information sufficient to maintain a searchable website accessible by the public at no cost that includes, but is not limited to, all of the following for each department or agency:
(a) Fiscal year-to-date expenditures by category.
(b) Fiscal year-to-date expenditures by appropriation unit.
(c) Fiscal year-to-date payments to a selected vendor, including the vendor name, payment date, payment amount, and payment description.
(d) The number of active department employees by job classification.
(e) Job specifications and wage rates.
Sec. 3-212. Within 14 days after the release of the executive budget recommendation, the department shall provide to the state budget office information sufficient to provide the senate and house appropriations chairs, the senate and house appropriations subcommittees chairs, and the senate and house fiscal agencies with an annual report on estimated state restricted fund balances, state restricted fund projected revenues, and state restricted fund expenditures for the fiscal years ending September 30, 2022 and September 30, 2023.
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, 2023 are $2,291,000.00. From this amount, total agency appropriations for pension-related legacy costs are estimated at $1,390,900.00. Total agency appropriations for retiree health care legacy costs are estimated at $900,100.00.
CIVIL RIGHTS OPERATIONS
Sec. 3-402. (1) In addition to the appropriations contained in part 1, the department of civil rights may receive and expend funds from local or private sources, for all of the following purposes:
(a) Developing and presenting training for employers on equal employment opportunity law and procedures.
(b) The publication and sale of civil rights related informational material.
(c) The provision of copy material made available under freedom of information requests.
(d) Other copy fees, subpoena fees, and witness fees.
(e) Developing, presenting, and participating in mediation processes for certain civil rights cases.
(f) Workshops, seminars, and recognition or award programs consistent with the programmatic mission of the individual unit sponsoring or coordinating the programs.
(g) Staffing costs for all activities included in this subsection.
(2) The department of civil rights shall annually report to the state budget director, the senate and house of representatives standing committees on appropriations, the chairpersons of the relevant appropriations subcommittees, and the senate and house fiscal agencies the amount of funds received and expended for purposes authorized under this section.
Sec. 3-403. The department of civil rights may contract with local units of government to review equal employment opportunity compliance of potential and existing contractors and may charge for and expend amounts received from local units of government for the purpose of developing and providing these contractual services.
Sec. 3-404. (1) The department of civil rights shall prepare and transmit a detailed report that includes, but is not limited to, the following information for the most recent fiscal year:
(a) A detailed description of the department operations.
(b) A detailed description of all subunits within the department, including FTE positions associated with each subunit, responsibilities of each subunit, and all revenues and expenditures for each subunit.
(c) The number of complaints by type of complaint.
(d) The average cost of, and time expended, investigating complaints.
(e) The percentage of complaints that are meritorious and worthy of investigation or settlement and the percentage of complaints that have no merit.
(f) A listing of amounts awarded to claimants.
(g) Expenditures associated with complaint investigation and enforcement.
(h) A listing of complaint investigations closed per FTE position for each of the past 5 years.
(i) A listing of complaint evaluations completed per FTE position for each of the past 5 years.
(j) Productivity projections for the current fiscal year, including investigations closed per FTE, complaint evaluations completed per FTE, and average time expended investigating complaints.
(k) Revenues and expenditures associated with section 403 of this part by local unit.
(2) The report required under subsection (1) shall be posted online and transmitted electronically not later than November 30 to the state budget director, the chairpersons of the senate and house of representatives standing committees on appropriations, the senate and house appropriations subcommittees on general government, and the senate and house fiscal agencies.
Sec. 3-405. The department of civil rights shall notify the state budget office, 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.
Sec. 3-411. (1) From the funds appropriated in part 1 for museums support, $500,000.00 shall be awarded to support an Arab-American museum located in a county with a population over 1,300,000 and in a city with a population between 97,000 and 500,000 according to the most recent federal decennial census.
(2) From the funds appropriated in part 1 for museums support, $500,000.00 shall be awarded to support capital improvements to an African-American museum in a city with a population greater than 600,000 according to the most recent federal decennial census.
(3) From the funds appropriated in part 1 from museums support, $500,000.00 shall be awarded to support a memorial center in a county with a population between 1,000,000 and 1,700,000 in a city with a population between 79,000 and 80,000 according to the most recent federal decennial census to expand educational access.
ONE-TIME APPROPRIATIONS
Sec. 3-412. From the appropriation contained in part 1 for an Indian Boarding School study, a statewide study will be performed to research the number of Native American children forced to attend boarding schools in Michigan, the number of children who were abused, died, or went missing while at these schools, and the long-term impacts on these children and the families of children forced to attend such schools. The funds should be used to locate, analyze, and preserve records and should work in concert, when appropriate, with the Federal Indian Boarding School Initiative. The funds should also be used to interview boarding school survivors, their family members, and a broad cross-section of Michigan tribal representatives and experts specializing in duration, health, and children and families with the purpose of fully understanding the impacts of policies of Native American child removal. The study should finish no later than January 30, 2024, and shall provide a final report on findings and recommendations to be shared with the public and the state of Michigan.
Sec. 3-413. (1) From the one-time funds appropriated in part 1 for complaint investigation and enforcement, the department shall expand complaint investigation and enforcement to eliminate an ongoing backlog of housing, employment, law enforcement, public accommodation, and education cases.
(2) From the one-time funds appropriated in part 1, the department may increase capacity by a total of 25.0 FTE limited term positions to address the backlog cases.
(3) Unexpended funds appropriated in part 1 for complaint investigation and enforcement 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 eliminate a backlog of complaint investigation and enforcement cases.
(b) The project will be accomplished by hiring up to 25.0 FTE limited term positions.
(c) The estimated cost of this project is $3,151,900.00.
(d) The tentative completion date for the work project is September 30, 2027.
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, 2023, and are anticipated to be appropriated for the fiscal year ending September 30, 2024, 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................ 13,498.4 13,498.4
GROSS APPROPRIATION...................................... $ 2,139,968,000 $ 2,084,968,000
Total interdepartmental grants and interdepartmental
transfers.............................................. 0 0
ADJUSTED GROSS APPROPRIATION............................ $ 2,139,968,000 $ 2,084,968,000
Total federal revenues................................... 5,148,400 5,148,400
Total local revenues..................................... 9,879,500 9,879,500
Total private revenues................................... 0 0
Total other state restricted revenues................... 29,831,800 29,831,800
State general fund/general purpose...................... $ 2,095,108,300 $ 2,040,108,300
State general fund/general purpose schedule:
Ongoing state general fund/general purpose........... 2,040,108,300 2,040,108,300
One-time state general fund/general purpose.......... 55,000,000 0
Sec. 4-102. DEPARTMENTAL ADMINISTRATION AND SUPPORT
Full-time equated unclassified positions.............. 16.0 16.0
Full-time equated classified positions................ 355.0 355.0
Unclassified salaries-16.0 FTE positions................ $ 2,142,100 $ 2,142,100
Administrative hearings officers........................ 3,478,000 3,478,000
Budget and operations administration-266.0 FTE
positions.............................................. 38,091,600 38,091,600
Compensatory buyout and union leave bank................ 100 100
County jail reimbursement program....................... 14,814,600 14,814,600
Employee wellness programming-6.0 FTE positions......... 2,021,400 2,021,400
Equipment and special maintenance....................... 1,559,700 1,559,700
Executive direction-22.0 FTE positions.................. 4,667,700 4,667,700
Judicial data warehouse user fees....................... 50,600 50,600
New custody staff training............................... 21,616,300 21,616,300
Prison industries operations-61.0 FTE positions......... 10,230,300 10,230,300
Property management...................................... 2,479,200 2,479,200
Prosecutorial and detainer expenses..................... 4,801,000 4,801,000
Worker's compensation.................................... 12,991,700 12,991,700
GROSS APPROPRIATION...................................... $ 118,944,300 $ 118,944,300
Appropriated from:
Federal revenues:
Other federal revenues................................... 674,700 674,700
Special revenue funds:
Other state restricted revenues......................... 16,851,900 16,851,900
State general fund/general purpose...................... $ 101,417,700 $ 101,417,700
Sec. 4-103. OFFENDER SUCCESS ADMINISTRATION
Full-time equated classified positions................ 342.9 342.9
Community corrections comprehensive plans and services.. $ 13,198,100 $ 13,198,100
Education/skilled trades/career readiness programs-
264.9 FTE positions.................................... 39,100,400 39,100,400
Enhanced food technology program-11.0 FTE positions..... 1,640,000 1,640,000
Goodwill flip the script................................. 1,250,000 1,250,000
Offender success federal grants......................... 751,000 751,000
Offender success community partners..................... 14,500,000 14,500,000
Offender success programming............................ 16,122,800 16,122,800
Offender success services-67.0 FTE positions............ 17,545,600 17,545,600
Public safety initiative................................. 4,000,000 4,000,000
Residential probation diversions........................ 16,575,500 16,575,500
GROSS APPROPRIATION...................................... $ 124,683,400 $ 124,683,400
Appropriated from:
Federal revenues:
Other federal revenues................................... 2,350,400 2,350,400
Special revenue funds:
State general fund/general purpose...................... $ 122,333,000 $ 122,333,000
Sec. 4-104. FIELD OPERATIONS ADMINISTRATION
Full-time equated classified positions................ 1,880.5 1,880.5
Criminal justice reinvestment........................... $ 3,748,400 $ 3,748,400
Field operations-1,849.5 FTE positions.................. 227,464,600 227,464,600
Parole board operations-31.0 FTE positions.............. 3,942,800 3,942,800
Parole/probation services................................ 940,000 940,000
Residential alternative to prison program............... 1,500,000 1,500,000
GROSS APPROPRIATION...................................... $ 237,595,800 $ 237,595,800
Appropriated from:
Special revenue funds:
Local revenues........................................... 275,000 275,000
Other state restricted revenues......................... 7,580,500 7,580,500
State general fund/general purpose...................... $ 229,740,300 $ 229,740,300
Sec. 4-105. CORRECTIONAL FACILITIES ADMINISTRATION
Full-time equated classified positions................ 660.0 660.0
Central records-43.0 FTE positions...................... $ 4,904,400 $ 4,904,400
Correctional facilities administration-37.0 FTE
positions.............................................. 6,702,400 6,702,400
Housing inmates in federal institutions................. 511,000 511,000
Inmate housing fund...................................... 100 100
Inmate legal services.................................... 290,900 290,900
Leased beds and alternatives to leased beds............. 100 100
Prison food service-336.0 FTE positions................. 74,415,900 74,415,900
Prison store operations-33.0 FTE positions.............. 3,472,500 3,472,500
Transportation-211.0 FTE positions...................... 31,555,800 31,555,800
GROSS APPROPRIATION...................................... $ 121,853,100 $ 121,853,100
Appropriated from:
Federal revenues:
Other federal revenues................................... 683,000 683,000
Special revenue funds:
Other state restricted revenues......................... 4,143,300 4,143,300
State general fund/general purpose...................... $ 117,026,800 $ 117,026,800
Sec. 4-106. HEALTH CARE
Full-time equated classified positions................ 1,469.3 1,469.3
Clinical complexes-1,033.3 FTE positions................ $ 154,703,900 $ 154,703,900
Health care administration-18.0 FTE positions........... 3,660,100 3,660,100
Healthy Michigan plan administration-12.0 FTE
positions.............................................. 1,019,000 1,019,000
Hepatitis C treatment.................................... 8,810,700 8,810,700
Interdepartmental grant to health and human services,
eligibility specialists................................ 120,200 120,200
Mental health and substance use treatment services-
406.0 FTE positions.................................... 52,914,000 52,914,000
Prisoner health care services........................... 94,793,600 94,793,600
Vaccination program...................................... 691,200 691,200
GROSS APPROPRIATION...................................... $ 316,712,700 $ 316,712,700
Appropriated from:
Federal revenues:
Other federal revenues................................... 405,500 405,500
Special revenue funds:
Other state restricted revenues......................... 257,200 257,200
State general fund/general purpose...................... $ 316,050,000 $ 316,050,000
Sec. 4-107. CORRECTIONAL FACILITIES
Full-time equated classified positions................ 8,790.7 8,790.7
Alger Correctional Facility - Munising-259.0 FTE
positions.............................................. $ 32,785,600 $ 32,785,600
Baraga Correctional Facility - Baraga-295.8 FTE
positions.............................................. 39,038,000 39,038,000
Bellamy Creek Correctional Facility - Ionia-392.2 FTE
positions.............................................. 47,952,000 47,952,000
Carson City Correctional Facility - Carson City-421.4
FTE positions.......................................... 52,521,700 52,521,700
Central Michigan Correctional Facility - St. Louis-
386.6 FTE positions.................................... 49,518,200 49,518,200
Charles E. Egeler Correctional Facility - Jackson-
386.6 FTE positions.................................... 49,282,900 49,282,900
Chippewa Correctional Facility - Kincheloe-443.6 FTE
positions.............................................. 55,403,800 55,403,800
Cooper Street Correctional Facility - Jackson-254.6
FTE positions.......................................... 31,773,300 31,773,300
Detroit Detention Center-75.8 FTE positions............. 9,604,500 9,604,500
Earnest C. Brooks Correctional Facility - Muskegon-
248.2 FTE positions.................................... 32,733,100 32,733,100
G. Robert Cotton Correctional Facility - Jackson-
396.0 FTE positions.................................... 48,836,300 48,836,300
Gus Harrison Correctional Facility - Adrian-443.6 FTE
positions.............................................. 54,123,800 54,123,800
Ionia Correctional Facility - Ionia-288.3 FTE
positions.............................................. 36,863,100 36,863,100
Kinross Correctional Facility - Kincheloe-258.6 FTE
positions.............................................. 35,253,100 35,253,100
Lakeland Correctional Facility - Coldwater-275.4 FTE
positions.............................................. 35,548,100 35,548,100
Macomb Correctional Facility - New Haven-313.3 FTE
positions.............................................. 40,421,100 40,421,100
Marquette Branch Prison - Marquette-319.7 FTE
positions.............................................. 40,821,000 40,821,000
Michigan Reformatory - Ionia-310.1 FTE positions........ 38,104,200 38,104,200
Muskegon Correctional Facility - Muskegon-208.0 FTE
positions.............................................. 28,472,700 28,472,700
Newberry Correctional Facility - Newberry-199.1 FTE
positions.............................................. 26,335,100 26,335,100
Oaks Correctional Facility - Eastlake-289.4 FTE
positions.............................................. 37,750,800 37,750,800
Parnall Correctional Facility - Jackson-266.1 FTE
positions.............................................. 31,673,400 31,673,400
Richard A. Handlon Correctional Facility - Ionia-
258.0 FTE positions.................................... 33,662,700 33,662,700
Saginaw Correctional Facility - Freeland-276.9 FTE
positions.............................................. 35,767,400 35,767,400
Special alternative incarceration program - Jackson-
26.2 FTE positions..................................... 5,206,400 5,206,400
St. Louis Correctional Facility - St. Louis-306.6 FTE
positions.............................................. 40,700,000 40,700,000
Thumb Correctional Facility - Lapeer-283.6 FTE
positions.............................................. 36,432,500 36,432,500
Womens Huron Valley Correctional Complex - Ypsilanti-
505.1 FTE positions.................................... 63,863,000 63,863,000
Woodland Correctional Facility - Whitmore Lake-296.9
FTE positions.......................................... 39,396,200 39,396,200
Northern region administration and support-43.0 FTE
positions.............................................. 4,582,900 4,582,900
Southern region administration and support-63.0 FTE
positions.............................................. 19,368,300 19,368,300
GROSS APPROPRIATION...................................... $ 1,133,795,200 $ 1,133,795,200
Appropriated from:
Federal revenues:
Other federal revenues................................... 1,034,800 1,034,800
Special revenue funds:
Local revenues........................................... 9,604,500 9,604,500
Other state restricted revenues......................... 102,100 102,100
State general fund/general purpose...................... $ 1,123,053,800 $ 1,123,053,800
Sec. 4-108. INFORMATION TECHNOLOGY
Information technology services and projects............ $ 31,383,500 $ 31,383,500
GROSS APPROPRIATION...................................... $ 31,383,500 $ 31,383,500
Appropriated from:
Special revenue funds:
Other state restricted revenues......................... 896,800 896,800
State general fund/general purpose...................... $ 30,486,700 $ 30,486,700
Sec. 4-109. ONE-TIME APPROPRIATIONS
Electronic prisoner-staff communications................ $ 30,000,000 $ 0
John Does v. MDOC settlement agreement.................. 15,000,000 0
Prisoner live tracking system........................... 10,000,000 0
GROSS APPROPRIATION...................................... $ 55,000,000 $ 0
Appropriated from:
Special revenue funds:
State general fund/general purpose...................... $ 55,000,000 $ 0
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
FISCAL YEAR 2023
GENERAL SECTIONS
Sec. 4-201. Pursuant to section 30 of article IX of the state constitution of 1963, total state spending from state sources under part 1 for the fiscal year 2023 is $2,124,940,100.00 and state spending from state sources to be paid to local units of government for fiscal year 2023 is $124,615,400.00. The itemized statement below identifies appropriations from which spending to local units of government will occur:
DEPARTMENT OF CORRECTIONS
County jail reimbursement program...................................... $ 14,814,600
Prosecutorial and detainer expenses.................................... 4,801,000
Community corrections comprehensive plans and services................ 13,198,100
Public safety initiative............................................... 4,000,000
Residential probation diversions....................................... 16,575,500
Field operations....................................................... 69,726,100
Residential alternative to prison program.............................. 1,500,000
Leased beds and alternatives to leased beds............................ 100
TOTAL.................................................................... $ 124,615,400
Sec. 4-202. The appropriations authorized under this article are subject to the management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594.
Sec. 4-203. As used in this article:
(a) "Administrative segregation" means confinement for maintenance of order or discipline to a cell or room apart from accommodations provided for inmates who are participating in programs of the facility.
(b) "Department" means the Michigan department of corrections.
(c) "Evidence-based" means a decision-making process that integrates the best available research, clinician expertise, and client characteristics.
(d) "Federally-qualified health center" means that term as defined in section 1396d(l)(2)(B) of the social security act, 42 USC 1396d.
(e) "FTE" means full-time equated.
(f) "Jail" means a facility operated by a local unit of government for the physical detention and correction of persons charged with or convicted of criminal offenses.
(g) "Offender success" means that an offender has, with the support of the community, intervention of the field agent, and benefit of any participation in programs and treatment, made an adjustment while at liberty in the community such that the offender has not been sentenced to or returned to prison for the conviction of a new crime or the revocation of probation or parole.
(h) "Recidivism" means that term as defined in section 1 of 2017 PA 5, MCL 798.31.
(i) "Serious emotional disturbance" means that term as defined in section 100d(2) of the mental health code, 1974 PA 258, MCL 330.1100d.
(j) "Serious mental illness" means that term as defined in section 100d(3) of the mental health code, 1974 PA 258, MCL 330.1100d.
Sec. 4-204. The departments and agencies receiving appropriations in part 1 shall use the Internet to fulfill the reporting requirements of this article. This requirement shall include transmission of reports via Email to the recipients identified for each reporting requirement, or it shall include placement of reports on an Internet site.
Sec. 4-205. To the extent permissible under MCL 18.1261:
(a) Funds appropriated in part 1 must 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 must be given to goods or services, or both, manufactured or provided by Michigan businesses, if they are competitively priced and of comparable quality.
(c) In addition, preference must be given to goods or services, or both, that are manufactured or provided by Michigan businesses owned and operated by veterans, if they are competitively priced and of comparable quality.
Sec. 4-206. To the extent permissible under the management and budget act, the director shall take all reasonable steps to ensure businesses in deprived and depressed communities compete for and perform contracts to provide services or supplies, or both. 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. 4-207. Consistent with MCL 18.1217, the departments and agencies receiving appropriations in part 1 shall prepare a report on out-of-state travel expenses not later than January 1 of each year. The travel report shall be a listing of all travel by classified and unclassified employees outside this state in the immediately preceding fiscal year that was funded in whole or in part with funds appropriated in the department's budget. The report shall be submitted to the senate and house appropriations committees, the house and senate fiscal agencies, and the state budget director. The report shall include the following information:
(a) The dates of each travel occurrence.
(b) The transportation and related costs of each travel occurrence, including the proportion funded with state general fund/general purpose revenues, the proportion funded with state restricted revenues, the proportion funded with federal revenues, and the proportion funded with other revenues.
Sec. 4-208. Funds appropriated in part 1 shall not be used by a principal executive department, state agency, or authority to hire a person to provide legal services that are the responsibility of the attorney general. This prohibition does not apply to legal services for bonding activities and for those outside services that the attorney general authorizes.
Sec. 4-209. Not later than December 31, the state budget office shall prepare and transmit a report that provides for estimates of the total general fund/general purpose appropriation lapses at the close of the prior fiscal year. This report shall summarize the projected year-end general fund/general purpose appropriation lapses by major departmental program or program areas. The report shall be transmitted to the chairpersons of the senate and house appropriations committees and the senate and house fiscal agencies.
Sec. 4-210. (1) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $10,000,000.00 for federal contingency funds. These funds are not available for expenditure until they have been transferred to another line item in this article under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.
(2) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $10,000,000.00 for state restricted contingency funds. These funds are not available for expenditure until they have been transferred to another line item in this article under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.
(3) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $2,000,000.00 for local contingency funds. These funds are not available for expenditure until they have been transferred to another line item in this article under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.
(4) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $2,000,000.00 for private contingency funds. These funds are not available for expenditure until they have been transferred to another line item in this article under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.
Sec. 4-211. From the funds appropriated in part 1, the department shall provide to the department of technology, management and budget information sufficient to maintain a searchable website accessible by the public at no cost that includes, but is not limited to, all of the following for each department or agency:
(a) Fiscal year-to-date expenditures by category.
(b) Fiscal year-to-date expenditures by appropriation unit.
(c) Fiscal year-to-date payments to a selected vendor, including the vendor name, payment date, payment amount, and payment description.
(d) The number of active department employees by job classification.
(e) Job specifications and wage rates.
Sec. 4-212. Within 14 days after the release of the executive budget recommendation, the department shall provide to the state budget office information sufficient to provide the senate and house appropriations chairs, the senate and house appropriations subcommittees chairs, and the senate and house fiscal agencies with an annual report on estimated state restricted fund balances, state restricted fund projected revenues, and state restricted fund expenditures for the fiscal years ending September 30, 2022 and September 30, 2023.
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, 2023 are estimated at $270,855,400.00. From this amount, total department appropriations for pension-related legacy costs are estimated at $164,444,700.00. Total department appropriations for retiree health care legacy costs are estimated at $106,410,700.00.
Sec. 4-220. The department may charge fees and collect revenues in excess of appropriations in part 1 not to exceed the cost of offender services and programming, employee meals, parolee loans, academic/vocational services, custody escorts, compassionate visits, union steward activities, and public works programs and services provided to local units of government or private nonprofit organizations. The revenues and fees collected are appropriated for all expenses associated with these services and activities.
Sec. 4-247. The department shall provide the state court administrative office data sufficient to administer the swift and sure sanctions program.
Sec. 4-248. Except as otherwise provided in this part, any report required to be provided by the department shall be submitted to the senate and house appropriations subcommittees on corrections, the senate and house fiscal agencies, the legislative corrections ombudsman, and the state budget office.
DEPARTMENTAL ADMINISTRATION AND SUPPORT
Sec. 4-301. For 3 years after a felony offender is released from the department's jurisdiction, the department shall maintain the offender's file on the offender tracking information system and make it publicly accessible in the same manner as the file of the current offender. However, the department shall immediately remove the offender's file from the offender tracking information system upon determination that the offender was wrongfully convicted and the offender's file is not otherwise required to be maintained on the offender tracking information system.
Sec. 4-302. From the funds appropriated in part 1, the department shall submit a report by March 1 on the department's staff retention strategies.
Sec. 4-303. From the funds appropriated in part 1, the department shall submit a report by March 1 on the number of employee departures. The report must include the number of corrections officers that departed from employment at a state correctional facility in the immediately preceding fiscal year and the number of years they worked for the department. The report shall include a chart that shows the normal distribution of employee departures in these positions based on years of service. Years of service shall be grouped into the following ranges: 1 to 3 years, 3 to 5 years, 5 to 10 years, 10 to 15 years, 15 to 20 years, and 20 and more years. The department shall review all reasons for employee departures and summarize in the report the primary reasons for departure for each of the ranges of years of service based on the available responses. The report shall include a section that shows the distinction between recruits who are in-training at the academy that depart employment, recruits who are in-training at a facility that depart employment, and employees who have been on the job that depart employment.
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. The department shall provide fiduciary oversight of funds received under the local corrections officers training act, 2003 PA 125, MCL 791.531 to 791.546.
Sec. 4-307. The department shall issue an annual report for all vendor contracts with a value of $500,000.00 or more and include all of the following:
(a) The original start date and the current expiration date of each contract.
(b) The number, if any, of contract compliance monitoring site visits completed by the department for each vendor.
(c) The number and amount of fines, if any, for service-level agreement noncompliance for each vendor broken down by area of noncompliance.
Sec. 4-308. From the funds appropriated in part 1, the department shall provide for the training of all custody staff in effective and safe ways of handling prisoners with mental illness and referring prisoners to mental health treatment programs. Mental health awareness training shall be incorporated into the training of new custody staff.
Sec. 4-310. (1) By March 1, the department shall provide a strategic plan update report that details the progress being made in achieving the strategic plan of the department. The report shall contain updates on relevant strategic plan objectives, as well as key statistics and information about the department's efforts to decrease the overall recidivism rate and promote offender success by ensuring readiness to reenter society.
(2) Reports and studies related to the effectiveness of departmental programming created as part of a strategic plan objective shall be submitted to the recipients listed in Section 248, within 30 days of being received by or completed by the department.
Sec. 4-311. By December 1, the department shall provide a report on the Michigan state industries program that shall include, but not be limited to, the locations of the programs, the total number of participants at each location, a description of job duties and typical inmate schedules, the products that are produced, and how the program provides marketable skills that lead to employable outcomes after release from a department facility.
Sec. 4-312. (1) Funds appropriated in part 1 for employee wellness programming shall be used for post-traumatic stress outreach, treating mental health issues, peer support programs, and providing mental health programming for all department staff, including former employees.
(2) By December 15, the department shall submit a report for the prior fiscal year on programs the department has established, the level of employee involvement, and expenditures made by the department for employee wellness programming.
Sec. 4-313. (1) From the funds appropriated in part 1 for new custody staff training, the department shall work to hire and train new corrections officers to address attrition of corrections officers and to decrease overtime costs.
(2) The department shall submit quarterly reports on new employee schools that shall include the following information for the immediately preceding fiscal quarter, and as much of the information as possible for the current and next fiscal year.
(a) The number of new employee schools that took place and the location of each.
(b) The number of recruits that started in each employee school.
(c) The number of recruits that graduated from each employee school and continued employment with the department.
Sec. 4-315. The department may establish agreements and exchange offender data with local, state, and federal agencies, law enforcement, community service and treatment providers, and research partners in order to improve offender success, reduce recidivism risk, and enhance public safety. This data sharing may include, but is not limited to, efforts to support the following:
(a) Providing continuing access to behavioral health, physical health, and medication needs through community-based providers.
(b) Establishing assistance program eligibility and participation.
(c) Collaborating with community service providers for continued care and access to services for offenders.
(d) Providing ongoing cognitive and behavioral treatment programming in the community.
(e) Providing substance abuse testing and referrals for counseling services and treatment.
(f) Providing vocational skill training, job placement support, and monitoring employment attainment.
(g) Determining educational attainment and needs.
(h) Establishing accurate offender identification, criminal histories, and monitoring new criminal activity.
(i) Measuring and evaluating treatment programs and services in support of evidence-based practices.
Sec. 4-317. From the funds appropriated in part 1, the department shall submit a status report on the corrections officer training academy on January 30 and June 30 to the joint capital outlay subcommittee and recipients listed in section 248. The report shall include, but not be limited to, the following:
(a) History of appropriations for the project, including appropriations made specifically for the project and appropriations made from other operating line items to support project expenditures.
(b) Anticipated costs of the project, by phase.
(c) Actual expenditures made for the project by line item, fund source, fiscal year, and phase of the project, starting with initial expenditures.
(d) Any other information the department considers necessary.
Sec. 4-319. The department shall submit 3-year and 5-year prison population projection updates concurrent with submission of the executive budget recommendation. The report shall include explanations of the methodology and assumptions used in developing the projection updates.
Sec. 4-321. 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. 4-323. The department shall measure the reincarceration recidivism rates of offenders based on available data.
Sec. 4-325. (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 the felon 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 section shall be $65.00 per diem per diverted offender for offenders with a presumptive prison guideline score, $55.00 per diem per diverted offender for offenders with a straddle cell guideline for a group 1 crime, and $40.00 per diem per diverted offender for offenders with a straddle cell guideline for a group 2 crime. Reimbursements shall be paid for sentences up to a 1-year total.
(4) As used in this section:
(a) "Group 1 crime" means a crime in 1 or more of the following offense categories: arson, assault, assaultive other, burglary, criminal sexual conduct, homicide or resulting in death, other sex offenses, robbery, and weapon possession as determined by the department based on specific crimes for which counties received reimbursement under the county jail reimbursement program in fiscal year 2007 and fiscal year 2008, and listed in the county jail reimbursement program document titled "FY 2007 and FY 2008 Group One Crimes Reimbursed", dated March 31, 2009.
(b) "Group 2 crime" means a crime that is not a group 1 crime, including larceny, fraud, forgery, embezzlement, motor vehicle, malicious destruction of property, controlled substance offense, felony drunk driving, and other nonassaultive offenses.
(c) "In the custody of the sheriff" means that the convicted felon has been sentenced to the county jail and is either housed in a county jail, is in custody but is being housed at a hospital or medical facility for a medical or mental health purpose or has been released from jail and is being monitored through the use of the sheriff's electronic monitoring system.
(5) County jail reimbursement program expenditures shall not exceed the amount appropriated in part 1 for the county jail reimbursement program. Payments to counties under the county jail reimbursement program shall be made in the order in which properly documented requests for reimbursements are received. A request shall be considered to be properly documented if it meets departmental requirements for documentation. By October 15, the department shall distribute the documentation requirements to all counties.
(6) Any county that receives funding under this section for the purpose of housing in jails certain felons who otherwise would have been sentenced to prison shall, as a condition of receiving the funding, report by September 30 an annual average jail capacity and annual average jail occupancy for the immediately preceding fiscal year.
(7) Not later than February 1, the department shall report all of the following information:
(a) The number of inmates sentenced to the custody of the sheriff and eligible for the county jail reimbursement program.
(b) The total amount paid to counties under the county jail reimbursement program.
(c) The total number of days inmates were in the custody of the sheriff and eligible for the county jail reimbursement program.
(d) The number of inmates sentenced to the custody of the sheriff under each of the 3 categories: presumptive prison, group 1 crime, and group 2 crime in subsection (3).
(e) The total amount paid to counties under each of the 3 categories: presumptive prison, group 1 crime, and group 2 crime in subsection (3).
(f) The total number of days inmates were in the custody of the sheriff under each of the 3 categories: presumptive prison, group 1 crime, and group 2 crime in subsection (3).
(g) The estimated cost of housing inmates sentenced to the custody of the sheriff and eligible for the county jail reimbursement program as inmates of a state prison.
Sec. 4-327. (1) The department shall provide monthly email reports on prisoner populations by security levels by facility, prison facility capacities, and parolee and probationer populations.
(2) The department shall provide monthly email reports that shall include information on end-of-month prisoner populations in county jails, the net operating capacity according to the most recent certification report, identified by date, the number of beds in currently closed housing units by facility, and end-of-month data, year-to-date data, and comparisons to the prior year for the following:
(a) Community residential program populations, separated by centers and electronic monitoring.
(b) Parole populations.
(c) Probation populations, with identification of the number in special alternative incarceration.
(d) Prison and camp populations, with separate identification of the number in special alternative incarceration and the number of lifers.
(e) Prisoners classified as past their earliest release date.
(f) Parole board activity, including the numbers and percentages of parole grants and parole denials.
(g) Prisoner exits, identifying transfers to community placement, paroles from prisons and camps, paroles from community placement, total movements to parole, prison intake, prisoner deaths, prisoners discharging on the maximum sentence, and other prisoner exits.
(h) Prison intake and returns, including probation violators, new court commitments, violators with new sentences, escaper new sentences, total prison intake, returns from court with additional sentences, community placement returns, technical parole violator returns, and total returns to prison and camp.
(3) If the department knows it will not meet the reporting requirements under this section, the department shall immediately report that fact and shall specify in the notice the reasons the department will not meet the reporting requirements.
OFFENDER SUCCESS ADMINISTRATION
Sec. 4-402. (1) By March 1, the department shall provide a report on offender success expenditures that shall include details on prior-year expenditures, including amounts spent on each project funded, itemized by service provided and service provider.
(2) The department may accept cash or in-kind donations to supplement funds for prison education training, supplies, and materials necessary to complete the academic and jobs skills related programs. All funds received are appropriated and may be expended by the department.
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. 4-409. (1) From the funds appropriated in part 1, the department shall design services for offender success and vocational education programs, collaborating with the department of labor and economic opportunity and local entities to the extent deemed necessary by the director. The department shall ensure the program provides relevant professional development opportunities to prisoners who 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.
(2) By March 1, the department shall provide a report detailing the results of the workforce development program.
Sec. 4-410. (1) Funds awarded for residential probation diversions in part 1 shall provide for a per diem reimbursement of not more than $55.50.
(2) Pursuant to an approved comprehensive plan, allowable uses of community corrections comprehensive plans and services funds shall include reimbursing counties for transportation, treatment costs, and housing drunk drivers during a period of assessment for treatment and case planning. Reimbursements for housing during the assessment process shall be at the rate of $43.50 per day per offender, up to a maximum of 5 days per offender.
Sec. 4-412. (1) The department shall submit a report on the following information for each county and counties consolidated for community corrections comprehensive plans:
(a) Approved technical assistance grants and community corrections comprehensive plans including each program and level of funding, the utilization level of each program, and profile information of enrolled offenders.
(b) If federal funds are made available, the number of participants funded, the number served, the number successfully completing the program, and a summary of the program activity.
(c) Status of the community corrections information system and the jail population information system.
(d) Data on residential services, including participant data, participant sentencing guideline scores, program expenditures, average length of stay, and bed utilization data.
(e) Offender disposition data by sentencing guideline range, by disposition type, by prior record variable score, by number and percent statewide and by county, current year, and comparisons to the previous 3 years.
(f) Data on the use of funding made available under the drunk driver jail reduction and community treatment program.
(2) The report required under subsection (1) shall include the total funding allocated, program expenditures, required program data, and year-to-date totals.
Sec. 4-413. From the funds appropriated in part 1 for public safety initiative, the law enforcement agency receiving funding under part 1 shall submit quarterly expenditure reports including a detailed listing of expenditures made, the purpose for which the expenditures were made, the amounts of expenditures by purpose, specific services provided, and the number of individuals served. The report must be submitted to the department, the senate and house of representatives appropriations subcommittees on corrections, the senate and house fiscal agencies, and the state budget office.
Sec. 4-418. The department shall establish and maintain policies and procedures that allow prisoners to obtain a birth certificate, duplicate social security card, if eligible, DD Form 214 or other military documentation, state identification card, and operator's license prior to parole or discharge.
Sec. 4-424. From the funds appropriated in part 1, the department shall maintain an enhanced food technology program that provides on-the-job training in prison kitchens that will lead to prisoners earning food service training credentials recognized by the restaurant industry. The department shall collaborate with restaurant industry stakeholders to provide job placement assistance to individuals on probation or parole.
Sec. 4-425. (1) From the funds appropriated in part 1 for offender success programming, the department shall establish medication-assisted treatment offender success programs to provide prerelease treatment and post release 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 post release 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 post release 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 December 1 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 during the prior fiscal year.
Sec. 4-426. From the funds appropriated in part 1, the department shall ensure that any inmate with a diagnosed mental illness is referred to a local mental health care provider that is able and willing to treat the inmate upon parole or discharge. The department shall ensure that the provider is informed of the inmate's current treatment plan including any medications that are currently prescribed to the inmate.
Sec. 4-430. The department shall report by March 1 on academic and vocational programs, including, but not limited to, all of the following:
(a) The number of instructors and the number of instructor vacancies, by program and facility.
(b) The number of prisoners enrolled in each program, the number of prisoners completing each program, the number of prisoners who do not complete each program and are not subsequently reenrolled, and the reason for not completing the program, the number of prisoners transferred to another facility while enrolled in a program and not subsequently reenrolled, the number of prisoners enrolled who are repeating the program, and the number of prisoners on waiting lists for each program, all itemized by facility.
(c) The steps the department has undertaken to improve programs, track records, accommodate transfers and prisoners with health care needs, and reduce waiting lists.
(d) The number of prisoners paroled without a high school diploma and the number of prisoners paroled without a high school equivalency.
(e) An explanation of the value and purpose of each program, for example, to improve employability, reduce recidivism, reduce prisoner idleness, or some combination of these and other factors.
(f) An identification of program outcomes for each academic and vocational program.
(g) The number of prisoners not paroled at their earliest release date due to lack of a high school equivalency, and the reason those prisoners have not obtained a high school equivalency.
Sec. 4-433. From the funds appropriated in part 1, the department may consider funding faith-based reentry or rehabilitation programs that have been demonstrated to reduce prison violence and recidivism.
Sec. 4-437. (1) Funds appropriated in part 1 for Goodwill Flip the Script shall be distributed to a Michigan-chartered 501(c)(3) nonprofit corporation operating in a county with greater than 1,500,000 people for administration and expansion of a program that serves a population of individuals aged 16 to 39. The program shall target those who are entering the criminal justice system for the first or second time and shall assist those individuals through the following program types:
(a) Alternative sentencing programs in partnership with a local district or circuit court.
(b) Educational recovery for special adult populations with high rates of illiteracy.
(c) Career development and continuing education for women.
(2) The program selected shall provide a report by March 30 that includes program performance measurements, the number of individuals diverted from incarceration, the number of individuals served, and outcomes of participants who complete the program.
FIELD OPERATIONS ADMINISTRATION
Sec. 4-604. (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.
(2) Of the funds appropriated in part 1 for criminal justice reinvestment, at least $600,000.00 shall be allocated to an organization that has received a United States Department of Labor training to work 2-adult reentry grant to provide county jail inmates with programming and services to prepare them to get and keep jobs. Examples of eligible programs and services include, but are not limited to: adult education, tutoring, manufacturing skills training, participation in a simulated work environment, mentoring, cognitive therapy groups, life skills classes, substance abuse recovery groups, fatherhood programs, classes in understanding the legal system, family literacy, health and wellness, finance management, employer presentations, and classes on job retention. Programming and support services should begin before release and continue after release from the county jail. To be eligible for funding, an organization must show at least 2 years' worth of data that demonstrate program success.
(3) The department shall report on programs described under this section by March 30. The report shall include the reincarceration recidivism rate of program participants, the employment rate of participants who complete the program, and the cost of the program per participant.
Sec. 4-615. The department shall submit a report by April 30 detailing the number of prisoners who have received life imprisonment sentences with the possibility of parole and who are currently eligible for parole.
Sec. 4-617. From the funds appropriated in part 1 for the residential alternative to prison program, the department shall provide vocational, educational, and cognitive programming in a secure environment to enhance existing alternative sentencing options, increase employment readiness and successful placement rates, and reduce new criminal behavior for the west Michigan probation violator population. The department shall measure and set metric goals.
Sec. 4-619. On a quarterly basis, the department shall issue a report detailing the outcomes of prisoners who have been reviewed for parole. The report shall include all of the following:
(a) How many prisoners in each quarter were reviewed.
(b) How many prisoners were granted parole.
(c) How many prisoners were denied parole.
(d) How many parole decisions were deferred.
(e) The distribution of the total number of prisoners reviewed during that quarter 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.
HEALTH CARE
Sec. 4-802. By April 1, the department shall provide reports on the following:
(a) Physical and mental health care, pharmaceutical services, and durable medical equipment for prisoners detailing prior fiscal year expenditures. The report shall include a breakdown of all payments to the integrated care provider and to other providers itemized by physical health care, mental health care, pharmaceutical, and durable medical equipment expenditures.
(b) Pharmaceutical prescribing practices, including a detailed accounting of expenditures on antipsychotic medications, and any changes that have been made to the prescription drug formularies.
Sec. 4-803. (1) The department shall assure that all prisoners, upon any health care treatment funded from appropriations in part 1, are given the opportunity to sign a release of information form designating a family member or other individual to whom the department shall release records information regarding a prisoner. A release of information form signed by a prisoner shall remain in effect for 1 year, and the prisoner may elect to withdraw or amend the release form at any time.
(2) The department shall assure that any such signed release forms follow a prisoner upon transfer to another department facility or to the supervision of a parole officer.
(3) The form shall be placed online, on a public website managed by the department.
Sec. 4-804. The department shall provide a report by April 1 on prisoner health care utilization that includes the number of inpatient hospital days, outpatient visits, emergency room visits, and prisoners receiving off-site inpatient medical care in the fiscal year, 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. By February 15, the department shall issue a report for the prior fiscal year detailing the total amount spent on specialty medication for the treatment of Hepatitis C, the number of prisoners who 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. The report shall also include the number of offenders requiring retreatment for Hepatitis C, broken down by the number of those who have been retreated while incarcerated and the number of those treated and released and then retreated upon reincarceration.
Sec. 4-812. By February 1, the department shall provide a report on the utilization of Medicaid benefits for prisoners during the prior fiscal year.
Sec. 4-814. By March 1, the department shall report the number of prisoners who received medication assisted therapies, the length of time on therapies, and the number of prisoners who have discontinued treatment while incarcerated.
CORRECTIONAL FACILITIES AND ADMINISTRATION
Sec. 4-903. From the funds appropriated in part 1 for prison food service, the department shall report by January 1 the following:
(a) Average per-meal cost for prisoner food service. Per-meal cost shall include all costs directly related to the provision of food for the prisoner population, and shall include, but not be limited to, actual food costs, total compensation for all food service workers, including benefits and legacy costs, and inspection and compliance costs for food service.
(b) Food service-related contracts, including goods or services to be provided and the vendor.
(c) Major sanitation violations.
Sec. 4-904. The department shall calculate the cost per prisoner per day for each security custody level. This calculation shall include all actual direct and indirect costs for the previous fiscal year. To calculate the cost per prisoner per day, the department shall divide the prisoner-related costs by the total number of prisoner days for each custody level and correctional facility. For multilevel facilities, costs that cannot be accurately allocated to each custody level can be included in the calculation on a per-prisoner basis for each facility. A report summarizing these calculations shall be submitted not later than January 15. Prisoner-related costs included in the cost per prisoner per day calculation shall include all expenditures for the following, from all fund sources:
(a) New custody staff training.
(b) Prison industries operations.
(c) Education/skilled trades/career readiness programs.
(d) Enhanced food technology program.
(e) Offender success programming.
(f) Central records.
(g) Correctional facilities administration.
(h) Housing inmates in federal institutions.
(i) Inmate legal services.
(j) Leased beds and alternatives to leased beds.
(k) Prison food service.
(l) Prison store operations.
(m) Public works program.
(n) Transportation.
(o) Health care.
(p) Correctional facilities.
(q) Northern and southern region administration and support.
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. 4-910. The department shall allow the Michigan Braille transcribing fund program to operate at designated locations. 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. The department shall report by March 1, the number of critical incidents occurring each month at each facility during the immediately preceding calendar year, categorized by type and severity of each incident.
Sec. 4-912. The department shall report by March 1 on the ratio of correctional officers to prisoners for each correctional institution, the ratio of shift command staff to line custody staff, and the ratio of noncustody institutional staff to prisoners for each correctional facility.
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 report by December 15 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 funded from appropriations in part 1. 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 on the annual number of prisoners during the prior fiscal year in administrative segregation and, of those, the number 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 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 a report by April 1 on the number of youth in prison including, but not be limited to, the following information:
(a) The total number of inmates under age 18 who are not on Holmes youthful trainee act status.
(b) The total number of inmates under age 18 who are on Holmes youthful trainee act status.
(c) The total number of inmates aged 18 to 23 who are on Holmes youthful trainee act status.
Sec. 4-945. From the funds appropriated in part 1, the department shall provide notice at least 30 days prior to effective date of closure, consolidation, or relocation of any correctional facility.
Sec. 4-946. The department shall consult with the legislature and other appropriate state agencies to develop a framework to provide investment in communities that have formerly operational state correctional facilities that have been closed. This framework shall include plans to ensure that vacant state correctional facilities do not become a nuisance or danger to the community.
Sec. 4-948. The department shall make an information packet for the families of incoming prisoners available on the department's website, updating the packet as necessary. 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 may partner with external advocacy groups and actual families of prisoners in the packet-writing process to ensure that the information is useful and complete.
Sec. 4-950. The department may accept in-kind services and equipment donations to facilitate the addition of a cable network that provides programming that will address the religious needs of incarcerated individuals. This network may be a cable television network that presently reaches the majority of households in the United States. A bilingual channel affiliated with this network may also be added to department programming to assist the religious needs of Spanish-speaking inmates. The addition of these channels shall be at no additional cost to this state.
Article 5
DEPARTMENT OF EDUCATION
PART 1
LINE-ITEM APPROPRIATIONS AND ANTICIPATED APPROPRIATIONS
Sec. 5-101. Subject to the conditions set forth in this article, the amounts listed in this part for the department of education are appropriated for the fiscal year ending September 30, 2023, and are anticipated to be appropriated for the fiscal year ending September 30, 2024, 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................ 626.5 626.5
GROSS APPROPRIATION...................................... $ 419,531,000 $ 419,171,000
Total interdepartmental grants and interdepartmental
transfers.............................................. 0 0
ADJUSTED GROSS APPROPRIATION............................ $ 419,531,000 $ 419,171,000
Total federal revenues................................... 302,950,800 302,950,800
Total local revenues..................................... 5,878,600 5,878,600
Total private revenues................................... 2,240,400 2,240,400
Total other state restricted revenues................... 9,919,700 9,919,700
State general fund/general purpose...................... $ 98,541,500 $ 98,181,500
State general fund/general purpose schedule:
Ongoing state general fund/general purpose........... 98,181,500 98,181,500
One-time state general fund/general purpose.......... 360,000 0
Sec. 5-102. STATE BOARD OF EDUCATION/OFFICE OF THE SUPERINTENDENT
Full-time equated unclassified positions.............. 6.0 6.0
Full-time equated classified positions................ 11.0 11.0
Unclassified salaries-6.0 FTE positions................. $ 1,078,900 $ 1,078,900
Education commission of the states...................... 120,800 120,800
State board of education, per diem payments............. 24,400 24,400
State board/superintendent operations-11.0 FTE
positions.............................................. 2,483,700 2,483,700
GROSS APPROPRIATION...................................... $ 3,707,800 $ 3,707,800
Appropriated from:
Federal revenues:
Other federal revenues................................... 296,700 296,700
Special revenue funds:
Private revenues......................................... 28,100 28,100
Other state restricted revenues......................... 820,600 820,600
State general fund/general purpose...................... $ 2,562,400 $ 2,562,400
Sec. 5-103. DEPARTMENTAL ADMINISTRATION AND SUPPORT
Full-time equated classified positions................ 47.6 47.6
Central support operations-38.6 FTE positions........... $ 6,161,400 $ 6,161,400
Federal and private grants............................... 3,000,000 3,000,000
Grant and contract operations-9.0 FTE positions......... 2,786,200 2,786,200
Property management...................................... 3,755,900 3,755,900
Terminal leave payments.................................. 353,300 353,300
Training and orientation workshops...................... 150,000 150,000
Worker's compensation.................................... 33,900 33,900
GROSS APPROPRIATION...................................... $ 16,240,700 $ 16,240,700
Appropriated from:
Federal revenues:
Other federal revenues................................... 9,273,400 9,273,400
Special revenue funds:
Private revenues......................................... 1,000,000 1,000,000
Other state restricted revenues......................... 746,800 746,800
State general fund/general purpose...................... $ 5,220,500 $ 5,220,500
Sec. 5-104. INFORMATION TECHNOLOGY
Information technology services and projects............ $ 4,938,300 $ 4,938,300
GROSS APPROPRIATION...................................... $ 4,938,300 $ 4,938,300
Appropriated from:
Federal revenues:
Other federal revenues................................... 2,591,200 2,591,200
Special revenue funds:
Other state restricted revenues......................... 932,900 932,900
State general fund/general purpose...................... $ 1,414,200 $ 1,414,200
Sec. 5-105. SPECIAL EDUCATION SERVICES
Full-time equated classified positions................ 47.0 47.0
Special education operations-47.0 FTE positions......... $ 9,431,900 $ 9,431,900
GROSS APPROPRIATION...................................... $ 9,431,900 $ 9,431,900
Appropriated from:
Federal revenues:
Other federal revenues................................... 8,837,800 8,837,800
Special revenue funds:
Private revenues......................................... 111,300 111,300
Other state restricted revenues......................... 47,500 47,500
State general fund/general purpose...................... $ 435,300 $ 435,300
Sec. 5-106. MICHIGAN SCHOOLS FOR THE DEAF AND BLIND
Full-time equated classified positions................ 82.0 82.0
Camp Tuhsmeheta-1.0 FTE position........................ $ 501,000 $ 501,000
Low incidence outreach program.......................... 1,000,000 1,000,000
Michigan schools for the deaf and blind operations-
81.0 FTE positions..................................... 16,680,700 16,680,700
Private gifts - blind.................................... 200,000 200,000
Private gifts - deaf..................................... 150,000 150,000
GROSS APPROPRIATION...................................... $ 18,531,700 $ 18,531,700
Appropriated from:
Federal revenues:
Other federal revenues................................... 7,596,000 7,596,000
Special revenue funds:
Local revenues........................................... 5,878,600 5,878,600
Private revenues......................................... 851,000 851,000
Other state restricted revenues......................... 1,206,100 1,206,100
State general fund/general purpose...................... $ 3,000,000 $ 3,000,000
Sec. 5-107. EDUCATOR EXCELLENCE
Full-time equated classified positions................ 53.0 53.0
Educator excellence operations-52.0 FTE positions....... $ 10,388,900 $ 10,388,900
Educator recruitment and preparation programs-1.0 FTE
position............................................... 1,670,000 1,670,000
Teacher license renewals................................. 280,000 280,000
GROSS APPROPRIATION...................................... $ 12,338,900 $ 12,338,900
Appropriated from:
Federal revenues:
Other federal revenues................................... 3,168,400 3,168,400
Special revenue funds:
Other state restricted revenues......................... 4,367,400 4,367,400
State general fund/general purpose...................... $ 4,803,100 $ 4,803,100
Sec. 5-108. MICHIGAN OFFICE OF GREAT START
Full-time equated classified positions................ 72.0 72.0
Before and after school programs........................ $ 1,090,000 $ 1,090,000
Child development and care contracted services.......... 17,400,000 17,400,000
Child development and care external support........... . 31,178,300 31,178,300
Child development and care public assistance............ 199,080,000 199,080,000
Head start collaboration office-1.0 FTE position........ 322,900 322,900
Office of great start operations-71.0 FTE positions..... 14,413,200 14,413,200
GROSS APPROPRIATION...................................... $ 263,484,400 $ 263,484,400
Appropriated from:
Federal revenues:
Other federal revenues................................... 220,388,300 220,388,300
Special revenue funds:
Private revenues......................................... 250,000 250,000
Other state restricted revenues......................... 64,600 64,600
State general fund/general purpose...................... $ 42,781,500 $ 42,781,500
Sec. 5-109. SYSTEMS, EVALUATION, AND TECHNOLOGY
Full-time equated classified positions................ 10.0 10.0
Office of systems, evaluation, and technology
operations-10.0 FTE positions.......................... $ 2,023,900 $ 2,023,900
GROSS APPROPRIATION...................................... $ 2,023,900 $ 2,023,900
Appropriated from:
Federal revenues:
Other federal revenues................................... 1,143,300 1,143,300
Special revenue funds:
Other state restricted revenues......................... 10,700 10,700
State general fund/general purpose...................... $ 869,900 $ 869,900
Sec. 5-110. STRATEGIC PLANNING AND IMPLEMENTATION
Full-time equated classified positions................ 6.0 6.0
Strategic planning and implementation operations-6.0
FTE positions.......................................... $ 1,105,200 $ 1,105,200
GROSS APPROPRIATION...................................... $ 1,105,200 $ 1,105,200
Appropriated from:
Federal revenues:
Other federal revenues................................... 570,400 570,400
Special revenue funds:
State general fund/general purpose...................... $ 534,800 $ 534,800
Sec. 5-111. ADMINISTRATIVE LAW SERVICES
Full-time equated classified positions................ 2.0 2.0
Administrative law operations-2.0 FTE positions......... $ 1,439,900 $ 1,439,900
GROSS APPROPRIATION...................................... $ 1,439,900 $ 1,439,900
Appropriated from:
Federal revenues:
Other federal revenues................................... 585,100 585,100
Special revenue funds:
Other state restricted revenues......................... 749,000 749,000
State general fund/general purpose...................... $ 105,800 $ 105,800
Sec. 5-112. ACCOUNTABILITY SERVICES
Full-time equated classified positions................ 63.6 63.6
Accountability services operations-63.6 FTE positions... $ 14,770,200 $ 14,770,200
GROSS APPROPRIATION...................................... $ 14,770,200 $ 14,770,200
Appropriated from:
Federal revenues:
Other federal revenues................................... 12,851,000 12,851,000
Special revenue funds:
State general fund/general purpose...................... $ 1,919,200 $ 1,919,200
Sec. 5-113. SCHOOL SUPPORT SERVICES
Full-time equated classified positions................ 75.6 75.6
Adolescent and school health............................ $ 328,100 $ 328,100
School support services operations-75.6 FTE positions... 14,183,400 14,183,400
GROSS APPROPRIATION...................................... $ 14,511,500 $ 14,511,500
Appropriated from:
Federal revenues:
Other federal revenues................................... 12,872,300 12,872,300
Special revenue funds:
Other state restricted revenues......................... 71,700 71,700
State general fund/general purpose...................... $ 1,567,500 $ 1,567,500
Sec. 5-114. EDUCATIONAL SUPPORTS
Full-time equated classified positions................ 82.7 82.7
Educational supports operations-82.7 FTE positions...... $ 17,139,300 $ 17,139,300
GROSS APPROPRIATION...................................... $ 17,139,300 $ 17,139,300
Appropriated from:
Federal revenues:
Other federal revenues................................... 12,976,100 12,976,100
Special revenue funds:
Other state restricted revenues......................... 602,400 602,400
State general fund/general purpose...................... $ 3,560,800 $ 3,560,800
Sec. 5-115. CAREER AND TECHNICAL EDUCATION
Full-time equated classified positions................ 28.0 28.0
Career and technical education operations-28.0 FTE
positions.............................................. $ 5,454,700 $ 5,454,700
GROSS APPROPRIATION...................................... $ 5,454,700 $ 5,454,700
Appropriated from:
Federal revenues:
Other federal revenues................................... 4,062,200 4,062,200
Special revenue funds:
State general fund/general purpose...................... $ 1,392,500 $ 1,392,500
Sec. 5-116. LIBRARY OF MICHIGAN
Full-time equated classified positions................ 33.0 33.0
Library of Michigan operations-31.0 FTE positions....... $ 5,032,000 $ 5,032,000
Library pilot program.................................... 800,000 800,000
Library services and technology program-1.0 FTE
position............................................... 5,624,100 5,624,100
Michigan eLibrary-1.0 FTE position...................... 1,732,200 1,732,200
Renaissance zone reimbursements......................... 2,200,000 2,200,000
State aid to libraries................................... 15,067,700 15,067,700
GROSS APPROPRIATION...................................... $ 30,456,000 $ 30,456,000
Appropriated from:
Federal revenues:
Other federal revenues................................... 5,624,100 5,624,100
Special revenue funds:
Other state restricted revenues......................... 300,000 300,000
State general fund/general purpose...................... $ 24,531,900 $ 24,531,900
Sec. 5-117. PARTNERSHIP DISTRICT SUPPORT
Full-time equated classified positions................ 13.0 13.0
Partnership district support operations-13.0 FTE
positions.............................................. $ 3,596,600 $ 3,596,600
GROSS APPROPRIATION...................................... $ 3,596,600 $ 3,596,600
Appropriated from:
Federal revenues:
Other federal revenues................................... 114,500 114,500
Special revenue funds:
State general fund/general purpose...................... $ 3,482,100 $ 3,482,100
Sec. 5-118. ONE-TIME APPROPRIATIONS
Michigan's poet laureate................................. $ 100,000 $ 0
School board member training............................ 260,000 0
GROSS APPROPRIATION...................................... $ 360,000 $ 0
Appropriated from:
Special revenue funds:
State general fund/general purpose...................... $ 360,000 $ 0
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
FISCAL YEAR 2023
GENERAL SECTIONS
Sec. 5-201. Pursuant to section 30 of article IX of the state constitution of 1963, total state spending from state sources under part 1 for the fiscal year 2023 is $108,461,200.00 and state spending from state sources to be paid to local units of government for fiscal year 2023 is $18,327,700.00. The itemized statement below identifies appropriations from which spending to local units of government will occur:
DEPARTMENT OF EDUCATION
Library pilot program.................................................. $ 800,000
Renaissance zone reimbursements........................................ 2,200,000
State aid to libraries................................................. 15,067,700
School board member training........................................... 260,000
TOTAL.................................................................... $ 18,327,700
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) "DHHS" means the Michigan department of health and human services.
(c) "District" means a local school district as that term is defined in section 6 of the revised school code, 1976. PA 451, MCL 380.6, or a public school academy as that term is defined in section 5 of the revised school code, 1976 PA 451, MCL 380.5.
(d) "FTE" means full-time equated.
(e) "HHS" means the United States Department of Health and Human Services.
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 shall include transmission of reports via Email to the recipients identified for each reporting requirement, or it shall include placement of reports on an Internet site.
Sec. 5-205. To the extent permissible under MCL 18.1261:
(a) Funds appropriated in part 1 must 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 must be given to goods or services, or both, manufactured or provided by Michigan businesses, if they are competitively priced and of comparable quality.
(c) In addition, preference must be given to goods or services, or both, that are manufactured or provided by Michigan businesses owned and operated by veterans, if they are competitively priced and of comparable quality.
Sec. 5-206. To the extent permissible under the management and budget act, the state superintendent of public instruction shall take all reasonable steps to ensure businesses in deprived and depressed communities compete for and perform contracts to provide services or supplies, or both. The state superintendent of public instruction shall strongly encourage firms with which the department contracts to subcontract with certified businesses in depressed and deprived communities for services, supplies, or both.
Sec. 5-207. Consistent with MCL 18.1217, the departments and agencies receiving appropriations in part 1 shall prepare a report on out-of-state travel expenses not later than January 1 of each year. The travel report shall be a listing of all travel by classified and unclassified employees outside this state in the immediately preceding fiscal year that was funded in whole or in part with funds appropriated in the department's budget. The report shall be submitted to the senate and house appropriations committees, the house and senate fiscal agencies, and the state budget director. The report shall include the following information:
(a) The dates of each travel occurrence.
(b) The transportation and related costs of each travel occurrence, including the proportion funded with state general fund/general purpose revenues, the proportion funded with state restricted revenues, the proportion funded with federal revenues, and the proportion funded with other revenues.
Sec. 5-208. Funds appropriated in part 1 shall not be used by a principal executive department, state agency, or authority to hire a person to provide legal services that are the responsibility of the attorney general. This prohibition does not apply to legal services for bonding activities and for those outside services that the attorney general authorizes.
Sec. 5-209. Not later than December 31, the state budget office shall prepare and transmit a report that provides for estimates of the total general fund/general purpose appropriation lapses at the close of the prior fiscal year. This report shall summarize the projected year-end general fund/general purpose appropriation lapses by major departmental program or program areas. The report shall be transmitted to the chairpersons of the senate and house appropriations committees and the senate and house fiscal agencies.
Sec. 5-210. (1) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $10,000,000.00 for federal contingency funds. These funds are not available for expenditure until they have been transferred to another line item in this article under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.
(2) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $700,000.00 for state restricted contingency funds. These funds are not available for expenditure until they have been transferred to another line item in this article under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.
(3) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $250,000.00 for local contingency funds. These funds are not available for expenditure until they have been transferred to another line item in this article under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.
(4) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $3,000,000.00 for private contingency funds. These funds are not available for expenditure until they have been transferred to another line item in this article under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.
Sec. 5-211. From the funds appropriated in part 1, the department shall provide to the department of technology, management and budget information sufficient to maintain a searchable website accessible by the public at no cost that includes, but is not limited to, all of the following for each department or agency:
(a) Fiscal year-to-date expenditures by category.
(b) Fiscal year-to-date expenditures by appropriation unit.
(c) Fiscal year-to-date payments to a selected vendor, including the vendor name, payment date, payment amount, and payment description.
(d) The number of active department employees by job classification.
(e) Job specifications and wage rates.
Sec. 5-212. Within 14 days after the release of the executive budget recommendation, the department shall provide to the state budget office information sufficient to provide the senate and house appropriations chairs, the senate and house appropriations subcommittees chairs, and the senate and house fiscal agencies with an annual report on estimated state restricted fund balances, state restricted fund projected revenues, and state restricted fund expenditures for the fiscal years ending September 30, 2022 and September 30, 2023.
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, 2023 are estimated at $13,385,100.00. From this amount, total agency appropriations for pension-related legacy costs are estimated at $8,126,500.00. Total agency appropriations for retiree health care legacy costs are estimated at $5,258,600.00.
Sec. 5-215. From the funds appropriated in part 1, 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. From the funds appropriated in part 1, the department may assist the department of health and human services, other departments, intermediate school districts, and local school districts to secure reimbursement for eligible services provided in Michigan schools from the federal Medicaid program. The department may submit reports of direct expenses related to this effort to the department of health and human services for reimbursement.
Sec. 5-220. From the funds appropriated in part 1, the department shall post on its website a link to the federal Institute of Education Sciences' What Works Clearinghouse. The department also shall work to disseminate knowledge about the What Works Clearinghouse to districts and intermediate districts so that it may be used to improve reading proficiency for pupils in grades K to 3.
Sec. 5-226. From the funds appropriated in part 1, the department shall coordinate with the other departments to streamline state services and resources, reduce duplication, and increase efficiency. This includes, but is not limited to, working with the department of treasury to coordinate with the financial independence team and overseeing deficit districts and working with the department of health and human services and department of licensing and regulatory affairs to coordinate with early childhood programs and overseeing child care providers.
Sec. 5-228. (1) As a condition of receiving appropriations in part 1, in collaboration with the DHHS, the department shall promote and support initiatives in schools and other educational organizations that include, but are not limited to, training for educators, teachers, and other personnel in school settings for all of the following:
(a) Utilization of trauma-informed practices.
(b) Age-appropriate education and information on human trafficking.
(c) Age-appropriate education and information on sexual abuse prevention.
(2) Upon request by the department, the department of state police and the department of attorney general shall consult in the promotion and support of initiatives in schools and other educational organizations under subsection (1).
Sec. 5-232. From the funds appropriated in part 1, the department shall ensure that the most recently issued report of regional in-demand occupations issued by the department of technology, management, and budget is distributed in electronic or paper form to all high schools in each school district, intermediate school district, and public school academy.
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. From the funds appropriated in part 1, 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) From the funds appropriated in part 1, the Michigan Schools for the Deaf and Blind may promote its residential program as a possible appropriate option for children who are deaf or hard of hearing or who are blind or visually impaired. The Michigan Schools for the Deaf and Blind shall distribute information detailing its services to all intermediate school districts in this state.
(2) Upon knowledge of or recognition by an intermediate school district that a child in the district is deaf or hard of hearing or blind or visually impaired, the intermediate school district shall provide to the parents of the child the literature distributed by the Michigan Schools for the Deaf and Blind to intermediate school districts under subsection (1).
(3) Parents will continue to have a choice regarding the educational placement of their deaf or hard-of-hearing children.
Sec. 5-407. Revenue received by the Michigan Schools for the Deaf and Blind from gifts, bequests, and donations that is unexpended at the end of the state fiscal year may be carried over to the succeeding fiscal year and shall not revert to the general fund.
Sec. 5-408. (1) The funds appropriated in part 1 for the low incidence outreach fund are appropriated from money collected by the Michigan Schools for the Deaf and Blind and the low incidence outreach program for providing qualified services and may be used for any expenses necessary to provide the qualified services. Any money that is unexpended at the end of the current fiscal year may be carried forward into the succeeding fiscal year.
(2) As used in this section, "qualified services" means document reproduction and services; conducting conferences, workshops, and training classes; and providing specialized equipment, facilities, and software.
Sec. 5-409. When conducting a due process hearing resulting from a parent's appeal of his or her child's individualized education program team's decision on the child's educational placement, a state administrative law judge shall consider designating the Michigan School for the Deaf as 1 of the options for the least restrictive environment under federal law for the parent's child who is deaf, deafblind, or hard of hearing.
EDUCATOR EXCELLENCE
Sec. 5-501. From the funds appropriated in part 1 for educator excellence, the department shall maintain certificate revocation/felony conviction files of educational personnel.
Sec. 5-502. The funds appropriated in part 1 for teacher license renewals shall be used to implement a program to waive fees or associated costs for former teachers whose teaching licenses have expired.
Sec. 5-503. From the funds appropriated in part 1, the department shall, upon request, consult with the Michigan Virtual Learning Research Institute and external stakeholders in connection with the department's implementation and administration of professional development training described in section 35a of the state school aid act of 1979, 1979 PA 94, MCL 388.1635a, including, but not limited to, the online training of educators of pupils in grades K to 3 described in that section.
Sec. 5-504. From the funds appropriated in part 1 for educator recruitment and preparation programs, the department shall award $1,000,000.00 to districts for educator preparation program tuition, program fees, testing fees, and substitute permit costs for any individual employed in grades pre-k to 12 working toward certification or an additional endorsement, and for program costs associated with hands-on learning experiences for students in grades 6 to 12 interested in the field of education, with supervision and mentoring from educators who are champions of, and committed to, the success of the profession.
Sec. 5-505. From the funds appropriated in part 1 for educator recruitment and preparation programs, not less than $190,000.00 and not fewer than 1.0 FTE positions are allocated for educator recruitment and preparation programs. These amounts are in addition to any funding and FTEs utilized for this purpose.
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 for adolescent and school health, there is appropriated $328,100.00 to replace federal funding reductions from the HHS - Centers for Disease Control and Prevention to the department and section 39a(2)(a) of the state school aid act of 1979, 1979 PA 94, MCL 388.1639a.
EDUCATIONAL SUPPORTS
Sec. 5-701. (1) From the funds appropriated in part 1 for educational supports, the department shall produce a report detailing the progress made by districts with grades K to 12 receiving at-risk funding under section 31a of the state school aid act of 1979, 1979 PA 94, MCL 388.1631a, in implementing multitiered systems of supports in the prior school fiscal year for grades K to 12, and in providing reading intervention services described in section 1280f of the revised school code, 1976 PA 451, MCL 380.1280f, for pupils in grades K to 12.
(2) The report described in subsection (1) shall include, at a minimum:
(a) A description of the training, coaching, and technical assistance offered by the department to districts to support the implementation of effective multitiered systems of supports and reading intervention programs.
(b) A list of districts determined by the department to have successfully implemented multitiered systems of supports and reading intervention programs.
(c) A list of best practices that the department has identified that may be used by districts to implement multitiered systems of supports and reading intervention programs.
(d) Other information the department determines would be useful to understanding the status of districts' implementation of effective multitiered systems of supports and reading intervention programs.
(3) The department shall provide the report described in subsection (1) to the state budget director, the house and senate subcommittees that oversee the department of education and school aid budgets, and the house and senate fiscal agencies by September 30, 2023.
Sec. 5-702. From the funds appropriated in part 1, there is appropriated an amount not less than $1,000,000.00 for implementation costs associated with programs for early childhood literacy funded under section 35a of the state school aid act of 1979, 1979 PA 94, MCL 388.1635a.
LIBRARY OF MICHIGAN
Sec. 5-801. (1) The funds appropriated in part 1 for library fees are appropriated from money collected by the Library of Michigan for providing qualified services and may be used for any expenses necessary to provide the qualified services. Any money that is unexpended at the end of the current fiscal year may be carried forward into the succeeding fiscal year.
(2) As used in this section, "qualified services" means document reproduction and services; conducting conferences, workshops, and training classes; and providing specialized equipment, facilities, and software.
Sec. 5-802. (1) From the funds appropriated in part 1 for school library pilot program, the department shall award library pilot program grants to school districts headquartered in 4 counties. The grants shall be used to contract for the administration of libraries of a school district by a librarian with a public librarian certificate issued by the library of Michigan. A grant to a school district may not exceed $10,000.00 per library facility. A district must employ a certified school media specialist to be eligible for this grant. The 4 counties that are eligible for school districts to receive grants shall include:
(a) One county with a population between 600,000 and 700,000 according to the 2010 federal decennial census.
(b) One county with a population between 11,000 and 11,300 according to the 2010 federal decennial census.
(c) One county with a population between 400,000 and 500,000 according to the 2010 federal decennial census.
(d) One county with a population between 155,000 and 158,000 according to the 2010 federal decennial census.
(2) The department may contract with the Michigan library association for assistance in administering the pilot program provided for in subsection (1).
(3) A librarian providing contractual services under the pilot program provided for in subsection (1) may not provide library or educational services to a pupil unless the librarian has a valid Michigan teaching certificate with a library of science endorsement.
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 2022. 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. 5-1001. From the funds appropriated in part 1 for before and after school programs, there is appropriated $500,000.00 for administrative cost associated with implementing the program funded under section 32n of the state school aid act of 1979, 1979 PA 94, MCL 388.1632n.
Sec. 5-1002. From the funds appropriated in part 1, the department shall ensure that the final child development and care provider reimbursement rates are published on the department and Great Start to Quality webpages.
Sec. 5-1003. (1) From the funds appropriated in part 1 for child development and care contracted service, the department shall provide the house and senate appropriations subcommittees on the department budget with an annual report on all funding appropriated to contracts for the early childhood comprehensive systems planning by this 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 contracts for the early childhood comprehensive systems planning 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, 2023 and September 30, 2023.
Sec. 5-1008. From the amount appropriated in part 1 for office of great start operations, the department shall ensure efficient service provisions 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, and work with the department of health and human services as necessary.
Sec. 5-1009. Except as otherwise provided in this section, from the funds appropriated in part 1 for child development and care public assistance, the income entrance eligibility threshold for the child development and care program is set to not more than 200% of the federal poverty guidelines.
Sec. 5-1011. From the funds appropriated in part 1 for child development and care public assistance, the department shall implement a biweekly block reimbursement rate schedule through the following block segments:
(a) The block segment for a biweekly block reimbursement rate schedule for child care centers, group homes, and registered family homes, for paid part-time hours between 1 to 30 hours, shall be reimbursed at the hourly reimbursement rate.
(b) The block segment for a biweekly block reimbursement rate schedule for child care centers, group homes, and registered family homes, for paid part-time hours between 31 to 60 hours, shall be reimbursed as 60 hours.
(c) The block segment for a biweekly block reimbursement rate schedule for child care centers, group homes, and registered family homes, for paid full-time hours between 61 to 80 hours, shall be reimbursed as 80 hours.
(d) The block segment for a biweekly block reimbursement rate schedule for child care centers, group homes, and registered family homes, for paid full-time plus hours between 81 to 90 hours, shall be reimbursed as 90 hours.
(e) The block segment for a biweekly block reimbursement rate schedule for license exempt providers shall be reimbursed at their current hourly reimbursement rates.
ONE-TIME APPROPRIATIONS
Sec. 5-1100. (1) From the funds appropriated in part 1 for school board member training, the department shall approve 1 or more training programs for school board members that includes courses of instruction for school board members in 1 or more of the following topic areas:
(a) Conflicts of interest, including, but not limited to, the application of section 1203 of the revised school code, 1976 PA 451, MCL 380.1203.
(b) Labor relations, including, but not limited to, in a school board's role in collective bargaining agreements, in 1947 PA 336, MCL 423.201 to 423.217, and in other laws related to employment.
(c) Education law, including, but not limited to, the revised school code, 1976 PA 451, MCL 380.1 to 380.1852, the state school aid act of 1979, 1979 PA 94, MCL 388.1601 to 388.1896, the open meetings act, 1976 PA 267, MCL 15.261 to 15.275, and 1937 (Ex Sess) PA 4, MCL 38.71 to 38.191, dealing with teacher tenure.
(d) School finance, including, but not limited to, the creation and management of school district budgets.
(e) Board governance, including, but not limited to, roles and responsibilities, parliamentary procedure, and best practices.
(2) Upon completion of an eligible training program, a school board member may apply for reimbursement for the cost of the eligible training program through the board member's local district, up to $100.00 per course. The department may determine the form and manner of the application to reimburse the district for the cost.
(3) The department must create a process for the provider of a course in a topic listed in subsection (1) to apply to the department to have the course approved and be eligible for a school board member to be reimbursed for completing that course as provided under subsection (2).
(4) As used in this section:
(a) "Eligible training program" means a training program that is approved under subsection (1).
(b) "School board member" means a member of the board of a school district or intermediate school district or a member of the board of directors of a public school academy in this state.
Sec. 5-1102. From the funds appropriated in part 1 for Michigan's poet laureate, there is $100,000.00 appropriated for support of the Michigan poet laureate program to promote poetry, the spoken word, and literary arts across this state.
Article 6
DEPARTMENT OF ENVIRONMENT, GREAT LAKES, AND ENERGY
PART 1
LINE-ITEM APPROPRIATIONS AND ANTICIPATED APPROPRIATIONS
Sec. 6-101. Subject to the conditions set forth in this article, the amounts listed in this part for the department of environment, great lakes, and energy are appropriated for the fiscal year ending September 30, 2023, and are anticipated to be appropriated for the fiscal year ending September 30, 2024, from the funds indicated in this part. The following is a summary of the appropriations and anticipated appropriations in this part:
DEPARTMENT OF ENVIRONMENT, GREAT LAKES, AND ENERGY
APPROPRIATION SUMMARY
Full-time equated unclassified positions.............. 6.0 6.0
Full-time equated classified positions................ 1,537.0 1,537.0
GROSS APPROPRIATION...................................... $ 1,004,099,200 $ 816,633,400
Total interdepartmental grants and interdepartmental
transfers.............................................. 3,406,400 3,406,400
ADJUSTED GROSS APPROPRIATION............................ $ 1,000,692,800 $ 813,227,000
Total federal revenues................................... 453,641,700 453,641,700
Total local revenues..................................... 0 0
Total private revenues................................... 1,415,500 1,415,500
Total other state restricted revenues................... 327,354,900 280,584,000
State general fund/general purpose...................... $ 218,280,700 $ 77,585,800
State general fund/general purpose schedule:
Ongoing state general fund/general purpose........... 77,585,800 77,585,800
One-time state general fund/general purpose.......... 140,694,900 0
Sec. 6-102. DEPARTMENTAL ADMINISTRATION AND SUPPORT
Full-time equated unclassified positions............ . 6.0 6.0
Full-time equated classified positions................ 107.0 107.0
Unclassified salaries-6.0 FTE positions................. $ 900,700 $ 900,700
Accounting service center................................ 1,463,500 1,463,500
Administrative hearings officers........................ 926,600 926,600
Environmental investigations-12.0 FTE positions......... 2,013,700 2,013,700
Environmental support-56.0 FTE positions................ 8,786,800 8,786,800
Environmental support projects.......................... 6,000,000 6,000,000
Executive direction-20.0 FTE positions.................. 3,465,300 3,465,300
Facilities management.................................... 1,000,000 1,000,000
Financial support-13.0 FTE positions.................... 2,735,800 2,735,800
Grants and records management-6.0 FTE positions......... 935,400 935,400
Property management...................................... 8,573,500 8,573,500
GROSS APPROPRIATION...................................... $ 36,801,300 $ 36,801,300
Appropriated from:
Interdepartmental grant revenues:
IDG from department of state police..................... 84,000 84,000
IDG from department of transportation................... 119,700 119,700
Federal revenues:
Other federal revenues................................... 767,000 767,000
Special revenue funds:
Private revenues......................................... 750,400 750,400
Other state restricted revenues......................... 26,349,300 26,349,300
State general fund/general purpose...................... $ 8,730,900 $ 8,730,900
Sec. 6-104. WATER RESOURCES DIVISION
Full-time equated classified positions................ 381.0 381.0
Aquatic nuisance control program-6.0 FTE positions...... $ 982,200 $ 982,200
Coastal management grants-7.0 FTE positions............. 2,534,800 2,534,800
Expedited water/wastewater permits-1.0 FTE position..... 52,400 52,400
Federal - Great Lakes remedial action plan grants....... 583,800 583,800
Federal - nonpoint source water pollution grants........ 4,083,300 4,083,300
Fish contaminant monitoring.............................. 316,100 316,100
Great Lakes restoration initiative-9.0 FTE positions.... 11,239,900 11,239,900
Groundwater discharge permit program-22.0 FTE
positions.............................................. 3,419,600 3,419,600
Land and water interface permit programs-119.0 FTE
positions.............................................. 18,285,200 18,285,200
Nonpoint source pollution prevention and control
project program........................................ 2,000,000 2,000,000
NPDES nonstormwater program-98.0 FTE positions.......... 15,558,400 15,558,400
Program direction and project assistance-27.0 FTE
positions.............................................. 3,325,300 3,325,300
Sewage sludge land application program-7.0 FTE
positions.............................................. 903,400 903,400
Stormwater activities-27.5 FTE positions................ 5,832,100 5,832,100
Surface water-52.5 FTE positions........................ 9,009,100 9,009,100
Technology advancements for water monitoring............ 500,000 500,000
Water quality protection grants......................... 100,000 100,000
Water withdrawal assessment program-5.0 FTE positions... 863,800 863,800
Wetlands program......................................... 1,021,200 1,021,200
GROSS APPROPRIATION...................................... $ 80,610,600 $ 80,610,600
Appropriated from:
Interdepartmental grant revenues:
IDG from department of transportation................... 1,363,900 1,363,900
Federal revenues:
Other federal revenues................................... 34,607,700 34,607,700
Special revenue funds:
Other state restricted revenues......................... 19,212,400 19,212,400
State general fund/general purpose...................... $ 25,426,600 $ 25,426,600
Sec. 6-105. AIR QUALITY DIVISION
Full-time equated classified positions................ 211.0 211.0
Air quality programs-211.0 FTE positions................ $ 35,486,600 $ 35,486,600
GROSS APPROPRIATION...................................... $ 35,486,600 $ 35,486,600
Appropriated from:
Federal revenues:
Other federal revenues................................... 7,663,900 7,663,900
Special revenue funds:
Other state restricted revenues......................... 15,053,200 15,053,200
State general fund/general purpose...................... $ 12,769,500 $ 12,769,500
Sec. 6-106. REMEDIATION AND REDEVELOPMENT DIVISION
Full-time equated classified positions................ 327.0 327.0
Brownfield grants........................................ $ 1,100,000 $ 1,100,000
Contaminated site investigations, cleanup and
revitalization-146.0 FTE positions..................... 21,944,100 21,944,100
Emergency cleanup actions................................ 2,000,000 2,000,000
Environmental cleanup and redevelopment program......... 27,600,000 0
Environmental cleanup support........................... 1,000,000 1,000,000
Federal cleanup project management-40.0 FTE positions... 7,387,100 7,387,100
Laboratory services-42.0 FTE positions.................. 8,535,700 8,535,700
Refined petroleum product cleanup program-99.0 FTE
positions.............................................. 35,386,000 35,386,000
Superfund cleanup........................................ 11,000,000 11,000,000
GROSS APPROPRIATION...................................... $ 115,952,900 $ 88,352,900
Appropriated from:
Federal revenues:
Other federal revenues................................... 16,616,200 16,616,200
Special revenue funds:
Other state restricted revenues......................... 99,042,100 71,442,100
State general fund/general purpose...................... $ 294,600 $ 294,600
Sec. 6-107. UNDERGROUND STORAGE TANK AUTHORITY
Full-time equated classified positions................ 8.0 8.0
Underground storage tank cleanup program-8.0 FTE
positions.............................................. $ 20,098,000 $ 20,098,000
GROSS APPROPRIATION...................................... $ 20,098,000 $ 20,098,000
Appropriated from:
Special revenue funds:
Other state restricted revenues......................... 20,098,000 20,098,000
State general fund/general purpose...................... $ 0 $ 0
Sec. 6-108. RENEWING MICHIGAN'S ENVIRONMENT
Full-time equated classified positions................ 131.0 131.0
Information management-20.0 FTE positions............... $ 5,652,200 $ 5,652,200
Renew Michigan program-111.0 FTE positions.............. 70,255,200 70,255,200
GROSS APPROPRIATION...................................... $ 75,907,400 $ 75,907,400
Appropriated from:
Interdepartmental grant revenues:
IDG from department of state police..................... 6,100 6,100
IDG from department of transportation................... 6,100 6,100
Federal revenues:
Other federal revenues................................... 5,800 5,800
Special revenue funds:
Private revenues......................................... 1,100 1,100
Other state restricted revenues......................... 71,442,900 71,442,900
State general fund/general purpose...................... $ 4,445,400 $ 4,445,400
Sec. 6-109. INFORMATION TECHNOLOGY
Information technology services and projects............ $ 9,239,200 $ 9,239,200
GROSS APPROPRIATION...................................... $ 9,239,200 $ 9,239,200
Appropriated from:
Interdepartmental grant revenues:
IDG from department of state police..................... 24,300 24,300
IDG from department of transportation................... 35,000 35,000
Federal revenues:
Other federal revenues................................... 1,799,600 1,799,600
Special revenue funds:
Private revenues......................................... 14,500 14,500
Other state restricted revenues......................... 5,586,600 5,586,600
State general fund/general purpose...................... $ 1,779,200 $ 1,779,200
Sec. 6-111. DRINKING WATER AND ENVIRONMENTAL HEALTH
Full-time equated classified positions................ 154.0 154.0
Drinking water-104.0 FTE positions...................... $ 15,385,100 $ 15,385,100
Drinking water program grants........................... 830,000 830,000
Environmental health-49.0 FTE positions................. 16,586,800 16,586,800
Lead line replacement-1.0 FTE position.................. 196,600 196,600
Noncommunity water grants................................ 1,905,700 1,905,700
Septage waste compliance grants......................... 125,000 125,000
GROSS APPROPRIATION...................................... $ 35,029,200 $ 35,029,200
Appropriated from:
Federal revenues:
Other federal revenues................................... 13,652,100 13,652,100
Special revenue funds:
Other state restricted revenues......................... 7,008,200 7,008,200
State general fund/general purpose...................... $ 14,368,900 $ 14,368,900
Sec. 6-112. MATERIALS MANAGEMENT DIVISION
Full-time equated classified positions................ 134.0 134.0
Energy efficiency revolving fund........................ $ 7,200,000 $ 7,200,000
Environmental sustainability and stewardship-16.0 FTE
positions.............................................. 22,048,900 22,048,900
Hazardous waste management program-45.0 FTE positions... 6,248,100 6,248,100
Low-level radioactive waste authority-2.0 FTE
positions.............................................. 248,300 248,300
Medical waste program-2.0 FTE positions................. 325,700 325,700
Pollution prevention-7.0 FTE positions.................. 2,330,800 2,330,800
Radiological protection program-12.0 FTE positions...... 2,035,900 2,035,900
Recycling initiative-3.0 FTE positions.................. 1,046,400 1,046,400
Scrap tire grants........................................ 3,500,000 3,500,000
Scrap tire regulatory program-10.0 FTE positions........ 1,388,600 1,388,600
Solid waste management program-37.0 FTE positions....... 6,771,400 6,771,400
GROSS APPROPRIATION...................................... $ 53,144,100 $ 53,144,100
Appropriated from:
Interdepartmental grant revenues:
IDG from department of state police..................... 1,544,200 1,544,200
Federal revenues:
Other federal revenues................................... 30,204,800 30,204,800
Special revenue funds:
Private revenues......................................... 649,500 649,500
Other state restricted revenues......................... 20,470,600 20,470,600
State general fund/general purpose...................... $ 275,000 $ 275,000
Sec. 6-113. OIL, GAS, AND MINERALS DIVISION
Full-time equated classified positions................ 61.0 61.0
Oil, gas, and mineral services-61.0 FTE positions....... $ 42,838,800 $ 42,838,800
GROSS APPROPRIATION...................................... $ 42,838,800 $ 42,838,800
Appropriated from:
Interdepartmental grant revenues:
IDG from department of licensing and regulatory
affairs................................................ 223,100 223,100
Federal revenues:
Other federal revenues................................... 31,153,100 31,153,100
Special revenue funds:
Other state restricted revenues......................... 6,966,900 6,966,900
State general fund/general purpose...................... $ 4,495,700 $ 4,495,700
Sec. 6-114. WATER INFRASTRUCTURE
Full-time equated classified positions................ 23.0 23.0
Municipal assistance-23.0 FTE positions................. $ 5,125,300 $ 5,125,300
Water state revolving funds.............................. 334,000,000 334,000,000
GROSS APPROPRIATION...................................... $ 339,125,300 $ 339,125,300
Appropriated from:
Federal revenues:
Other federal revenues................................... 317,171,500 317,171,500
Special revenue funds:
Other state restricted revenues......................... 16,953,800 16,953,800
State general fund/general purpose...................... $ 5,000,000 $ 5,000,000
Sec. 6-115. ONE-TIME APPROPRIATIONS
Community technical, managerial, and financial support
for lead line replacement.............................. $ 48,000,000 $ 0
Contaminated site cleanup................................ 20,000,000 0
Grants and records management........................... 2,000,000 0
High water infrastructure grants........................ 34,325,000 0
Refined petroleum product cleanup program............... 19,170,900 0
Water state revolving funds.............................. 36,369,900 0
GROSS APPROPRIATION...................................... $ 159,865,800 $ 0
Appropriated from:
Special revenue funds:
Other state restricted revenues......................... 19,170,900 0
State general fund/general purpose...................... $ 140,694,900 $ 0
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
FISCAL YEAR 2023
GENERAL SECTIONS
Sec. 6-201. Pursuant to section 30 of article IX of the state constitution of 1963, total state spending from state sources under part 1 for the fiscal year 2023 is $545,635,600.00 and state spending from state sources to be paid to local units of government for fiscal year 2023 is $30,716,000.00. The itemized statement below identifies appropriations from which spending to local units of government will occur:
DEPARTMENT OF ENVIRONMENT, GREAT LAKES, AND ENERGY
Surface water.......................................................... $ 200,000
Technology advancements for water monitoring........................... 500,000
Brownfield grants...................................................... 1,000,000
Emergency cleanup actions.............................................. 116,000
Refined petroleum product cleanup program.............................. 5,000,000
Renew Michigan program................................................. 20,000,000
Environmental health................................................... 400,000
Noncommunity water grants.............................................. 2,000,000
Septage waste compliance grants........................................ 130,000
Environmental sustainability and stewardship........................... 100,000
Medical waste program.................................................. 70,000
Pollution prevention................................................... 200,000
Scrap tire grants...................................................... 1,000,000
TOTAL.................................................................... $ 30,716,000
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 environment, Great Lakes, and energy.
(b) "Director" means the director of the department.
(c) "FTE" means full-time equated.
(d) "IDG" means interdepartmental grant.
(e) "NPDES" means national pollution discharge elimination system.
(f) "IIJA" means infrastructure investment and jobs act.
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 shall include transmission of reports via Email to the recipients identified for each reporting requirement, or it shall include placement of reports on an Internet site.
Sec. 6-205. To the extent permissible under MCL 18.1261:
(a) Funds appropriated in part 1 must 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 must be given to goods or services, or both, manufactured or provided by Michigan businesses, if they are competitively priced and of comparable quality.
(c) In addition, preference must be given to goods or services, or both, that are manufactured or provided by Michigan businesses owned and operated by veterans, if they are competitively priced and of comparable quality.
Sec. 6-206. To the extent permissible under the management and budget act, the director shall take all reasonable steps to ensure businesses in deprived and depressed communities compete for and perform contracts to provide services or supplies, or both. 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. 6-207. Consistent with MCL 18.1217, the departments and agencies receiving appropriations in part 1 shall prepare a report on out-of-state travel expenses not later than January 1 of each year. The travel report shall be a listing of all travel by classified and unclassified employees outside this state in the immediately preceding fiscal year that was funded in whole or in part with funds appropriated in the department's budget. The report shall be submitted to the senate and house appropriations committees, the house and senate fiscal agencies, and the state budget director. The report shall include the following information:
(a) The dates of each travel occurrence.
(b) The transportation and related costs of each travel occurrence, including the proportion funded with state general fund/general purpose revenues, the proportion funded with state restricted revenues, the proportion funded with federal revenues, and the proportion funded with other revenues.
Sec. 6-208. Funds appropriated in part 1 shall not be used by a principal executive department, state agency, or authority to hire a person to provide legal services that are the responsibility of the attorney general. This prohibition does not apply to legal services for bonding activities and for those outside services that the attorney general authorizes.
Sec. 6-209. Not later than December 31, the state budget office shall prepare and transmit a report that provides for estimates of the total general fund/general purpose appropriation lapses at the close of the prior fiscal year. This report shall summarize the projected year-end general fund/general purpose appropriation lapses by major departmental program or program areas. The report shall be transmitted to the chairpersons of the senate and house appropriations committees and the senate and house fiscal agencies.
Sec. 6-210. (1) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $30,000,000.00 for federal contingency funds. These funds are not available for expenditure until they have been transferred to another line item in this article under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.
(2) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $5,000,000.00 for state restricted contingency funds. These funds are not available for expenditure until they have been transferred to another line item in this article under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.
(3) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $500,000.00 for private contingency funds. These funds are not available for expenditure until they have been transferred to another line item in this article under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.
Sec. 6-211. From the funds appropriated in part 1, the department shall provide to the department of technology, management and budget information sufficient to maintain a searchable website accessible by the public at no cost that includes, but is not limited to, all of the following for each department or agency:
(a) Fiscal year-to-date expenditures by category.
(b) Fiscal year-to-date expenditures by appropriation unit.
(c) Fiscal year-to-date payments to a selected vendor, including the vendor name, payment date, payment amount, and payment description.
(d) The number of active department employees by job classification.
(e) Job specifications and wage rates.
Sec. 6-212. Within 14 days after the release of the executive budget recommendation, the department shall provide to the state budget office information sufficient to provide the senate and house appropriations chairs, the senate and house appropriations subcommittees chairs, and the senate and house fiscal agencies with an annual report on estimated state restricted fund balances, state restricted fund projected revenues, and state restricted fund expenditures for the fiscal years ending September 30, 2022 and September 30, 2023.
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, 2023 are estimated at $34,914,100.00. From this amount, total agency appropriations for pension-related legacy costs are estimated at $21,197,400.00. Total agency appropriations for retiree health care legacy costs are estimated at $13,716,700.00.
Sec. 6-223. (1) The department may expend amounts remaining from the current and prior fiscal year appropriations to meet funding needs of the environmental cleanup and redevelopment program, contaminated site cleanup, the renew Michigan 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 clean Michigan initiative fund - response activities contained in, 2011 PA 63, 2013 PA 59, 2014 PA 252, 2015 PA 84, 2016 PA 268, and 2017 PA 107 are appropriated for expenditure.
(3) Unexpended and unencumbered amounts remaining from appropriations from the refined petroleum fund activities contained in, 2013 PA 59, 2014 PA 252, 2015 PA 84, 2016 PA 268, 2017 PA 107, 2018 PA 207, 2019 PA 57, 2020 PA 166, and 2021 PA 87 are appropriated for expenditure.
(4) Unexpended and unencumbered amounts remaining from the appropriations from the strategic water quality initiatives fund contained in 2011 PA 50, 2011 PA 63, 2012 PA 200, 2013 PA 59, 2014 PA 252, 2015 PA 84, 2016 PA 268, 2017 PA 107, and 2018 PA 207 are appropriated for expenditure.
(5) For the strategic water quality initiatives fund, funds not yet disbursed are appropriated for expenditure for the same program per sections 5201, 5202, and 5204e of the natural resources and environmental protection act, 1994 PA 451, MCL 324.5201, 324.5202, and 324.5204e.
(6) Unexpended and unencumbered amounts remaining from the appropriations from the renew Michigan fund contained in 2018 PA 207, 2019 PA 57, 2020 PA 166, and 2021 PA 87 are appropriated for expenditure.
(7) Unexpended and unencumbered amounts remaining from the appropriations from the general fund contained in 2021 PA 87 are appropriated for expenditure.
Sec. 6-224. Revenues remaining in the settlements fund at the end of the fiscal year shall carry forward into the succeeding fiscal year.
Sec. 6-235. (1) Each quarter, the department shall prepare a report that contains information pertaining to all remediation and redevelopment efforts funded from part 1.
(2) The report must contain the following information:
(a) List of sites where work is planned to occur, including the county for each site.
(b) The type of site, whether refined petroleum cleanup, nonrefined petroleum cleanup, brownfield, or a combination of types.
(c) A brief description of how the issue will be addressed, including whether contractors will be utilized.
(d) The estimated date for project completion.
(e) The amount and funding source or sources allocated to the site.
(3) The report shall be submitted to the house and senate subcommittees on the environment, Great Lakes, and energy and the state budget director.
Sec. 6-236. The department shall provide a report detailing the expenditure of departmental funds appropriated in 2015 PA 143, 2016 PA 3, 2016 PA 268, and 2016 PA 340. The report shall include the following:
(a) The names and locations of entities receiving funds.
(b) The purpose for each expenditure.
(c) The status of programs supported by this funding.
(d) A brief description of how related problems have been or will be resolved if expenditures are made for immediate response.
(e) The job titles and number of departmental FTEs engaged in the Flint declaration of emergency response effort.
REMEDIATION AND REDEVELOPMENT DIVISION
Sec. 6-301. Revenues remaining in the laboratory services fees fund at the end of the fiscal year shall carry forward into the succeeding fiscal year.
Sec. 6-308. The unexpended funds appropriated in part 1 for emergency cleanup actions, environmental cleanup support, brownfield grants, and the refined petroleum product cleanup program are designated as work project appropriations, and any unencumbered or unallotted funds shall not lapse at the end of the fiscal year and shall be available for expenditures for projects under this section until the projects have been completed. The following is in compliance with section 451a of the management and budget act, 1984 PA 431, MCL 18.1451a:
(a) The purpose of the projects is to provide contaminated site cleanup.
(b) The projects will be accomplished by utilizing contracts with service providers.
(c) The total estimated cost of all projects is identified in each line-item appropriation.
(d) The tentative completion date is September 30, 2027.
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. 6-315. In addition to the money appropriated in part 1, the department may receive and expend money from the environmental response fund, MCL 324.20108(4) or the natural resource damages fund, MCL 324.20108(3) to provide funding for actions by the department that are authorized by a court of competent jurisdiction and set forth in a final court order or judgment in an action to which the department is a party. The department shall prepare an annual report to the appropriations subcommittees, the fiscal agencies, and the state budget office by February 1, 2024 providing a summary of the expenditures incurred under this section during the fiscal year ending September 30, 2023.
WATER RESOURCES DIVISION
Sec. 6-401. From the funds appropriated in part 1 for land and water interface permit programs, not less than $350,000.00 and not fewer than 2.0 FTE positions are allocated for dam safety programs. These amounts are in addition to any funding and FTEs utilized for this purpose in the fiscal year ending September 30, 2022.
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 324.11721, 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 by November 1 on the status of the implementation plan for the western Lake Erie basin collaborative agreement. In an effort to learn more about the presence and timing of harmful algal blooms, the report shall contain all of the following:
(a) An estimated cost of removal of total phosphorus per pound at the 4 major wastewater treatment plants.
(b) A description of the grants that have been awarded.
(c) A description of the work that has commenced on the issue of dissolved reactive phosphorus, the expected objectives and outcomes of that work, and a list of the parties involved in that effort. (d) A description of the efforts and outcomes aimed at the total phosphorus reduction for the River Raisin watershed.
UNDERGROUND STORAGE TANK AUTHORITY
Sec. 6-701. The unexpended funds appropriated in part 1 for the underground storage tank cleanup program are designated as a work project appropriation, and any unencumbered or unallotted funds shall not lapse at the end of the fiscal year and shall be available for expenditures for projects under this section until the projects have been completed. The following is in compliance with section 451a of the management and budget act, 1984 PA 431, MCL 18.1451a:
(a) The purpose of the project is to provide contaminated site cleanup.
(b) The project will be accomplished by utilizing contracts with service providers.
(c) The total estimated cost of the project is $20,000,000.00.
(d) The tentative completion date is September 30, 2027.
RENEWING MICHIGAN'S ENVIRONMENT
Sec. 6-801. The unexpended funds appropriated in part 1 for the renew Michigan program are designated as a work project appropriation, and any unencumbered or unallotted funds shall not lapse at the end of the fiscal year and shall be available for expenditures for projects under this section until the projects have been completed. The following is in compliance with section 451a of the management and budget act, 1984 PA 431, MCL 18.1451a:
(a) The purpose of the project is for environmental cleanup and redevelopment, waste management, and recycling.
(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 $69,000,000.00.
(d) The tentative completion date is September 30, 2027.
MATERIALS MANAGEMENT DIVISION
Sec. 6-901. In addition to the money appropriated in part 1, the department may receive and expend money from the Volkswagen Environmental Mitigation Trust Agreement to provide funding for activities as outlined within the State's Mitigation Plan. The department shall prepare an annual report to the appropriations subcommittees, the fiscal agencies, and the state budget office by February 1, 2024 of the expenditures incurred under this section during the fiscal year ending September 30, 2023.
ONE-TIME APPROPRIATIONS
Sec. 6-1000. The unexpended funds appropriated in part 1 for water state revolving funds 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 provision financing of water infrastructure projects.
(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 $36,369,900.00.
(d) The tentative completion date is September 30, 2027.
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, 2023, and are anticipated to be appropriated for the fiscal year ending September 30, 2024, from the funds indicated in this part. The following is a summary of the appropriations and anticipated appropriations in this part:
EXECUTIVE OFFICE
APPROPRIATION SUMMARY
Full-time equated unclassified positions.............. 10.0 10.0
Full-time equated classified positions................ 79.2 79.2
GROSS APPROPRIATION...................................... $ 7,708,600 $ 7,708,600
Total interdepartmental grants and interdepartmental
transfers.............................................. 0 0
ADJUSTED GROSS APPROPRIATION............................ $ 7,708,600 $ 7,708,600
Total federal revenues................................... 0 0
Total local revenues..................................... 0 0
Total private revenues................................... 0 0
Total other state restricted revenues................... 0 0
State general fund/general purpose...................... $ 7,708,600 $ 7,708,600
State general fund/general purpose schedule:
Ongoing state general fund/general purpose........... 7,708,600 7,708,600
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................. 1,478,100 1,478,100
Executive office-79.2 FTE positions..................... 5,959,600 5,959,600
GROSS APPROPRIATION...................................... $ 7,708,600 $ 7,708,600
Appropriated from:
Special revenue funds:
State general fund/general purpose...................... $ 7,708,600 $ 7,708,600
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
FISCAL YEAR 2023
GENERAL SECTIONS
Sec. 7-201. Pursuant to section 30 of article IX of the state constitution of 1963, total state spending from state sources under part 1 for the fiscal year 2023 is $7,708,600.00 and state spending from state sources to be paid to local units of government for fiscal year 2023 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, 2023, and are anticipated to be appropriated for the fiscal year ending September 30, 2024, 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................ 15,794.5 15,794.5
GROSS APPROPRIATION...................................... $ 33,444,665,900 $ 32,849,953,600
Total interdepartmental grants and interdepartmental
transfers.............................................. 14,696,000 14,696,000
ADJUSTED GROSS APPROPRIATION............................ $ 33,429,969,900 $ 32,835,257,600
Total federal revenues................................... 23,617,962,500 23,562,797,700
Total local revenues..................................... 183,502,800 183,502,800
Total private revenues................................... 179,716,400 179,716,400
Total other state restricted revenues................... 2,991,928,100 2,991,928,100
State general fund/general purpose...................... $ 6,456,860,100 $ 5,917,312,600
State general fund/general purpose schedule:
Ongoing state general fund/general purpose........... 5,933,772,400 5,917,312,600
One-time state general fund/general purpose.......... 523,087,700 0
Sec. 8-102. DEPARTMENTAL ADMINISTRATION AND SUPPORT
Full-time equated unclassified positions.............. 6.0 6.0
Full-time equated classified positions................ 856.4 856.4
Unclassified salaries-6.0 FTE positions................. $ 1,336,600 $ 1,336,600
Administrative hearings officers........................ 10,004,500 10,004,500
Demonstration projects-7.0 FTE positions................ 7,070,800 7,070,800
Departmental administration and management-632.4 FTE
positions.............................................. 103,951,700 103,951,700
Legal services........................................... 12,300,000 12,300,000
Office of inspector general-197.0 FTE positions......... 25,965,700 25,965,700
Property management...................................... 64,701,200 64,701,200
Terminal leave payments.................................. 7,092,100 7,092,100
Training and program support-20.0 FTE positions......... 2,616,500 2,616,500
Warehouse operations..................................... 3,400,000 3,400,000
Worker's compensation.................................... 8,682,500 8,682,500
GROSS APPROPRIATION...................................... $ 247,121,600 $ 247,121,600
Appropriated from:
Interdepartmental grant revenues:
IDG from department of education........................ 1,951,100 1,951,100
IDG from department of technology, management and
budget................................................. 600 600
Federal revenues:
Other federal revenues................................... 115,181,500 115,181,500
Special revenue funds:
Local revenues........................................... 86,000 86,000
Private revenues......................................... 3,847,500 3,847,500
Other state restricted revenues......................... 1,342,800 1,342,800
State general fund/general purpose...................... $ 124,712,100 $ 124,712,100
Sec. 8-103. CHILD SUPPORT ENFORCEMENT
Full-time equated classified positions................ 193.7 193.7
Child support enforcement operations-187.7 FTE
positions.............................................. $ 25,769,000 $ 25,769,000
Child support incentive payments........................ 24,409,600 24,409,600
Legal support contracts.................................. 113,600,300 113,600,300
State disbursement unit-6.0 FTE positions............... 7,365,800 7,365,800
GROSS APPROPRIATION...................................... $ 171,144,700 $ 171,144,700
Appropriated from:
Federal revenues:
Other federal revenues................................... 145,855,400 145,855,400
Special revenue funds:
State general fund/general purpose...................... $ 25,289,300 $ 25,289,300
Sec. 8-104. COMMUNITY SERVICES AND OUTREACH
Full-time equated classified positions................ 80.6 80.6
Bureau of community services and outreach-27.0 FTE
positions.............................................. $ 3,482,700 $ 3,482,700
Child advocacy centers-0.5 FTE position................. 2,407,000 2,407,000
Community services and outreach administration-19.0
FTE positions.......................................... 5,345,000 5,345,000
Community services block grant.......................... 25,840,000 25,840,000
Crime victim grants administration services-17.0 FTE
positions.............................................. 3,045,200 3,045,200
Crime victim justice assistance grants.................. 98,579,300 98,579,300
Crime victim rights services grants..................... 19,869,900 19,869,900
Diaper assistance grant.................................. 250,000 250,000
Domestic violence prevention and treatment-15.6 FTE
positions.............................................. 18,357,000 18,357,000
Homeless programs........................................ 24,082,500 24,082,500
Housing and support services............................ 13,031,000 13,031,000
Human trafficking intervention services................. 200,000 200,000
Rape prevention and services-0.5 FTE position........... 5,097,300 5,097,300
Runaway and homeless youth grants....................... 7,784,000 7,784,000
School success partnership program...................... 525,000 525,000
Uniform statewide sexual assault evidence kit tracking
system-1.0 FTE position................................ 369,500 369,500
Weatherization assistance................................ 15,505,000 15,505,000
GROSS APPROPRIATION...................................... $ 243,770,400 $ 243,770,400
Appropriated from:
Federal revenues:
Other federal revenues................................... 197,097,100 197,097,100
Special revenue funds:
Other state restricted revenues......................... 24,211,600 24,211,600
State general fund/general purpose...................... $ 22,461,700 $ 22,461,700
Sec. 8-105. CHILDREN'S SERVICES AGENCY - CHILD WELFARE
Full-time equated classified positions................ 4,166.2 4,166.2
Adoption subsidies....................................... $ 212,189,700 $ 212,189,700
Adoption support services-10.0 FTE positions............ 41,602,300 41,602,300
Attorney general contract................................ 5,191,100 5,191,100
Child abuse and neglect - children's justice act-1.0
FTE position........................................... 627,900 627,900
Child care fund.......................................... 276,783,500 276,783,500
Child care fund - indirect cost allotment............... 3,500,000 3,500,000
Child legal representation............................... 500,000 500,000
Child protection......................................... 2,050,300 2,050,300
Child welfare administration travel..................... 390,000 390,000
Child welfare field staff - noncaseload compliance-
353.0 FTE positions.................................... 41,350,200 41,350,200
Child welfare institute-53.0 FTE positions.............. 9,331,000 9,331,000
Child welfare licensing-59.0 FTE positions.............. 7,357,400 7,357,400
Child welfare medical/psychiatric evaluations........... 10,428,500 10,428,500
Children's protective services - caseload staff-
1,615.0 FTE positions.................................. 171,293,200 171,293,200
Children's protective services supervisors-387.0 FTE
positions.............................................. 47,996,600 47,996,600
Children's services administration-214.2 FTE positions.. 26,785,500 26,785,500
Children's trust fund-12.0 FTE positions................ 4,737,600 4,737,600
Contractual services, supplies, and materials........... 9,567,600 9,567,600
Court appointed special advocates....................... 1,000,000 1,000,000
Family preservation and prevention services
administration-9.0 FTE positions....................... 1,412,100 1,412,100
Family preservation programs-34.0 FTE positions......... 58,035,600 58,035,600
Foster care payments..................................... 328,396,200 328,396,200
Foster care services - caseload staff-981.0 FTE
positions.............................................. 99,825,900 99,825,900
Foster care services supervisors-227.0 FTE positions.... 31,054,200 31,054,200
Guardianship assistance program......................... 11,741,200 11,741,200
Interstate compact....................................... 179,600 179,600
Peer coaches-45.5 FTE positions......................... 6,291,100 6,291,100
Performance based funding implementation-3.0 FTE
positions.............................................. 1,363,100 1,363,100
Permanency resource managers-28.0 FTE positions......... 3,479,500 3,479,500
Prosecuting attorney contracts.......................... 8,142,800 8,142,800
Raise the age fund....................................... 16,838,900 16,838,900
Second line supervisors and technical staff-126.0 FTE
positions.............................................. 19,848,000 19,848,000
Settlement monitor....................................... 2,219,900 2,219,900
Strong families/safe children........................... 12,600,000 12,600,000
Title IV-E compliance and accountability office-4.0
FTE positions.......................................... 458,600 458,600
Youth in transition-4.5 FTE positions................... 8,192,500 8,192,500
GROSS APPROPRIATION...................................... $ 1,482,761,600 $ 1,482,761,600
Appropriated from:
Interdepartmental grant revenues:
IDG from department of education........................ 244,400 244,400
Federal revenues:
Other federal revenues................................... 712,626,800 712,626,800
Special revenue funds:
Local revenues........................................... 42,770,200 42,770,200
Private revenues......................................... 2,700,000 2,700,000
Other state restricted revenues......................... 4,895,300 4,895,300
State general fund/general purpose...................... $ 719,524,900 $ 719,524,900
Sec. 8-106. CHILDREN'S SERVICES AGENCY - JUVENILE JUSTICE
Full-time equated classified positions................ 120.5 120.5
Bay pines center-47.0 FTE positions..................... $ 5,856,400 $ 5,856,400
Committee on juvenile justice administration-2.5 FTE
positions.............................................. 363,400 363,400
Committee on juvenile justice grants.................... 3,000,000 3,000,000
Community support services-3.0 FTE positions............ 2,137,100 2,137,100
County juvenile officers................................. 3,977,600 3,977,600
Juvenile justice, administration and maintenance-21.0
FTE positions.......................................... 3,812,300 3,812,300
Shawono center-47.0 FTE positions....................... 5,893,100 5,893,100
GROSS APPROPRIATION...................................... $ 25,039,900 $ 25,039,900
Appropriated from:
Federal revenues:
Other federal revenues................................... 8,559,300 8,559,300
Special revenue funds:
Local revenues........................................... 5,889,400 5,889,400
State general fund/general purpose...................... $ 10,591,200 $ 10,591,200
Sec. 8-107. PUBLIC ASSISTANCE
Full-time equated classified positions................ 1.0 1.0
Emergency services local office allocations............. $ 8,813,500 $ 8,813,500
Family independence program.............................. 64,322,300 64,322,300
Food assistance program benefits........................ 4,188,184,600 4,188,184,600
Food Bank Council of Michigan........................... 2,045,000 2,045,000
Indigent burial.......................................... 4,369,100 4,369,100
Low-income home energy assistance program............... 174,951,600 174,951,600
Michigan energy assistance program-1.0 FTE position..... 50,000,000 50,000,000
Refugee assistance program............................... 3,054,200 3,054,200
State disability assistance payments.................... 3,576,700 3,576,700
State supplementation.................................... 54,992,200 54,992,200
State supplementation administration.................... 1,806,100 1,806,100
GROSS APPROPRIATION...................................... $ 4,556,115,300 $ 4,556,115,300
Appropriated from:
Federal revenues:
Other federal revenues................................... 4,420,668,100 4,420,668,100
Special revenue funds:
Other state restricted revenues......................... 64,476,300 64,476,300
State general fund/general purpose...................... $ 70,970,900 $ 70,970,900
Sec. 8-108. FIELD OPERATIONS AND SUPPORT SERVICES
Full-time equated classified positions................ 5,738.5 5,738.5
Administrative support workers-221.0 FTE positions...... $ 14,270,600 $ 14,270,600
Adult services field staff-520.0 FTE positions.......... 62,342,500 62,342,500
Contractual services, supplies, and materials........... 24,919,700 24,919,700
Donated funds positions-238.0 FTE positions............. 28,530,400 28,530,400
Elder law of Michigan MiCAFE contract................... 350,000 350,000
Electronic benefit transfer (EBT)....................... 7,989,000 7,989,000
Employment and training support services................ 4,219,100 4,219,100
Field policy and administration-124.0 FTE positions..... 19,518,600 19,518,600
Field staff travel....................................... 8,109,900 8,109,900
Food assistance reinvestment-16.0 FTE positions......... 7,446,700 7,446,700
Medical/psychiatric evaluations......................... 1,120,100 1,120,100
Nutrition education-2.0 FTE positions................... 33,062,900 33,062,900
Pathways to potential-231.0 FTE positions............... 25,390,700 25,390,700
Public assistance field staff-4,386.5 FTE positions..... 480,282,900 480,282,900
SSI advocacy legal services grant....................... 325,000 325,000
GROSS APPROPRIATION...................................... $ 717,878,100 $ 717,878,100
Appropriated from:
Interdepartmental grant revenues:
IDG from department of corrections...................... 120,200 120,200
IDG from department of education........................ 7,772,200 7,772,200
Federal revenues:
Other federal revenues................................... 402,002,900 402,002,900
Special revenue funds:
Local revenues........................................... 4,251,200 4,251,200
Private revenues......................................... 10,045,000 10,045,000
State general fund/general purpose...................... $ 293,686,600 $ 293,686,600
Sec. 8-109. DISABILITY DETERMINATION SERVICES
Full-time equated classified positions................ 585.4 585.4
Disability determination operations-581.3 FTE
positions.............................................. $ 116,419,500 $ 116,419,500
Retirement disability determination-4.1 FTE positions... 636,800 636,800
GROSS APPROPRIATION...................................... $ 117,056,300 $ 117,056,300
Appropriated from:
Interdepartmental grant revenues:
IDG from department of technology, management and
budget................................................. 813,400 813,400
Federal revenues:
Other federal revenues................................... 112,224,900 112,224,900
Special revenue funds:
State general fund/general purpose...................... $ 4,018,000 $ 4,018,000
Sec. 8-110. BEHAVIORAL HEALTH PROGRAM ADMINISTRATION AND SPECIAL PROJECTS
Full-time equated classified positions................ 107.0 107.0
Behavioral health program administration-76.0 FTE
positions.............................................. $ 48,605,200 $ 48,605,200
Community substance use disorder prevention,
education, and treatment-9.0 FTE positions............ 79,705,200 79,705,200
Family support subsidy................................... 10,195,100 10,195,100
Federal and other special projects...................... 2,535,600 2,535,600
Gambling addiction-1.0 FTE position..................... 5,518,200 5,518,200
Mental health diversion council......................... 3,850,000 3,850,000
Office of recipient rights-21.0 FTE positions........... 2,920,100 2,920,100
Opioid response activities............................... 83,155,600 83,155,600
Protection and advocacy services support................ 194,400 194,400
GROSS APPROPRIATION...................................... $ 236,679,400 $ 236,679,400
Appropriated from:
Federal revenues:
Other federal revenues................................... 172,698,700 172,698,700
Special revenue funds:
Private revenues......................................... 2,904,700 2,904,700
Other state restricted revenues......................... 23,802,400 23,802,400
State general fund/general purpose...................... $ 37,273,600 $ 37,273,600
Sec. 8-111. BEHAVIORAL HEALTH SERVICES
Full-time equated classified positions................ 20.0 20.0
Autism services.......................................... $ 286,697,900 $ 282,790,300
Behavioral health community supports and services-
7.0 FTE positions...................................... 43,950,800 43,950,800
Certified community behavioral health clinic
demonstration.......................................... 101,252,100 101,252,100
Civil service charges.................................... 297,500 297,500
Community mental health non-Medicaid services........... 125,578,200 125,578,200
Federal mental health block grant-5.0 FTE positions..... 20,611,800 20,611,800
Health homes-1.0 FTE position........................... 61,337,400 61,337,400
Healthy Michigan plan - behavioral health............... 583,086,100 567,168,100
Medicaid mental health services......................... 2,975,480,500 2,948,521,300
Medicaid substance use disorder services................ 82,657,700 81,457,000
Multicultural integration funding....................... 17,284,900 17,284,900
Nursing home PAS/ARR-OBRA-7.0 FTE positions............. 13,961,700 13,961,700
State disability assistance program substance use
disorder services...................................... 2,018,800 2,018,800
GROSS APPROPRIATION...................................... $ 4,314,215,400 $ 4,266,229,900
Appropriated from:
Federal revenues:
Other federal revenues................................... 2,889,350,000 2,854,272,900
Special revenue funds:
Local revenues........................................... 15,285,600 15,285,600
Other state restricted revenues......................... 45,764,800 45,764,800
State general fund/general purpose...................... $ 1,363,815,000 $ 1,350,906,600
Sec. 8-112. STATE PSYCHIATRIC HOSPITALS AND FORENSIC MENTAL HEALTH SERVICES
Full-time equated classified positions................ 2,654.6 2,654.6
Caro Regional Mental Health Center - psychiatric
hospital - adult-543.7 FTE positions................... $ 60,021,600 $ 60,021,600
Center for forensic psychiatry-711.5 FTE positions...... 110,813,700 110,813,700
Developmental disabilities council and projects-10.0
FTE positions.......................................... 3,169,400 3,169,400
Gifts and bequests for patient living and treatment
environment............................................ 1,000,000 1,000,000
Hawthorn Center - psychiatric hospital - children and
adolescents-373.4 FTE positions........................ 51,944,200 51,944,200
IDEA, federal special education......................... 120,000 120,000
Kalamazoo Psychiatric Hospital - adult-565.2 FTE
positions.............................................. 71,129,000 71,129,000
Purchase of medical services for residents of
hospitals and centers.................................. 445,600 445,600
Revenue recapture........................................ 750,100 750,100
Special maintenance...................................... 924,600 924,600
State hospital administration-32.0 FTE positions........ 5,339,800 5,339,800
Walter P. Reuther Psychiatric Hospital - adult-418.8
FTE positions.......................................... 68,510,400 68,510,400
GROSS APPROPRIATION...................................... $ 374,168,400 $ 374,168,400
Appropriated from:
Federal revenues:
Other federal revenues................................... 45,847,000 45,847,000
Special revenue funds:
Local revenues........................................... 23,283,200 23,283,200
Private revenues......................................... 1,000,000 1,000,000
Other state restricted revenues....................... . 15,189,200 15,189,200
State general fund/general purpose...................... $ 288,849,000 $ 288,849,000
Sec. 8-113. HEALTH AND HUMAN SERVICES POLICY AND INITIATIVES
Full-time equated classified positions................ 41.7 41.7
Bone marrow donor and blood bank programs............... $ 750,000 $ 750,000
Certificate of need program administration-10.8 FTE
positions.............................................. 2,716,700 2,716,700
Policy and planning administration-21.9 FTE positions... 3,044,100 3,044,100
Michigan essential health provider...................... 3,519,600 3,519,600
Minority health grants and contracts-3.0 FTE positions.. 1,146,200 1,146,200
Nurse education and research program-3.0 FTE positions.. 816,500 816,500
Primary care services-3.0 FTE positions................. 3,805,100 3,805,100
Rural health services.................................... 175,000 175,000
GROSS APPROPRIATION...................................... $ 15,973,200 $ 15,973,200
Appropriated from:
Interdepartmental grant revenues:
IDG from department of education........................ 2,400 2,400
IDG from department of licensing and regulatory
affairs................................................ 816,500 816,500
IDG from department of treasury......................... 117,700 117,700
Federal revenues:
Other federal revenues................................... 3,266,200 3,266,200
Special revenue funds:
Private revenues......................................... 865,000 865,000
Other state restricted revenues......................... 3,270,200 3,270,200
State general fund/general purpose...................... $ 7,635,200 $ 7,635,200
Sec. 8-114. EPIDEMIOLOGY, EMERGENCY MEDICAL SERVICES, AND LABORATORY
Full-time equated classified positions................ 416.9 416.9
Bioterrorism preparedness-53.0 FTE positions............ $ 30,841,600 $ 30,841,600
Childhood lead program-4.5 FTE positions................ 2,332,200 2,332,200
Emergency medical services program-20.0 FTE positions... 10,008,800 10,008,800
Epidemiology administration-82.5 FTE positions.......... 26,091,200 26,091,200
Healthy homes program-21.0 FTE positions................ 32,799,400 32,799,400
Laboratory services-102.0 FTE positions................. 29,008,000 29,008,000
Newborn screening follow-up and treatment services-
10.5 FTE positions..................................... 8,363,000 8,363,000
PFAS and environmental contamination response-48.0 FTE
positions.............................................. 20,367,600 20,367,600
Vital records and health statistics-75.4 FTE positions.. 11,412,100 11,412,100
GROSS APPROPRIATION...................................... $ 171,223,900 $ 171,223,900
Appropriated from:
Interdepartmental grant revenues:
IDG from department of environment, great lakes, and
energy................................................. 1,797,800 1,797,800
Federal revenues:
Other federal revenues................................... 77,108,600 77,108,600
Special revenue funds:
Private revenues......................................... 342,600 342,600
Other state restricted revenues....................... . 32,674,400 32,674,400
State general fund/general purpose...................... $ 59,300,500 $ 59,300,500
Sec. 8-115. LOCAL HEALTH AND ADMINISTRATIVE SERVICES
Full-time equated classified positions................ 159.1 159.1
AIDS prevention, testing, and care programs-59.5 FTE
positions.............................................. $ 109,609,200 $ 109,609,200
Cancer prevention and control program-18.0 FTE
positions.............................................. 15,870,500 15,870,500
Chronic disease control and health promotion
administration-19.4 FTE positions...................... 8,285,900 8,285,900
Diabetes and kidney program-8.0 FTE positions........... 4,135,000 4,135,000
Essential local public health services.................. 51,419,300 51,419,300
Implementation of 1993 PA 133, MCL 333.17015............ 20,000 20,000
Local health services-3.3 FTE positions................. 8,707,600 8,707,600
Medicaid outreach cost reimbursement to local health
departments............................................ 12,500,000 12,500,000
Public health administration-9.0 FTE positions.......... 1,801,000 1,801,000
Sexually transmitted disease control program-20.0 FTE
positions.............................................. 8,496,800 8,496,800
Smoking prevention program-15.0 FTE positions........... 4,379,200 4,379,200
Violence prevention-6.9 FTE positions................... 12,724,000 12,724,000
GROSS APPROPRIATION...................................... $ 237,948,500 $ 237,948,500
Appropriated from:
Federal revenues:
Other federal revenues................................... 89,007,600 89,007,600
Special revenue funds:
Local revenues........................................... 5,150,000 5,150,000
Private revenues......................................... 75,689,100 75,689,100
Other state restricted revenues......................... 10,135,600 10,135,600
State general fund/general purpose...................... $ 57,966,200 $ 57,966,200
Sec. 8-116. FAMILY HEALTH SERVICES
Full-time equated classified positions................ 136.1 136.1
Child and adolescent health care and centers............ $ 27,242,700 $ 27,242,700
Dental programs-5.3 FTE positions....................... 6,734,400 6,734,400
Drinking water declaration of emergency................. 4,621,000 4,621,000
Family planning local agreements........................ 8,810,700 8,810,700
Family, maternal, and child health administration-55.0
FTE positions.......................................... 11,768,500 11,768,500
Immunization program-15.8 FTE positions................. 20,659,600 20,659,600
Local MCH services....................................... 7,018,100 7,018,100
Pregnancy prevention program............................ 1,298,800 1,298,800
Prenatal care and premature birth avoidance grant....... 1,000,000 1,000,000
Prenatal care outreach and service delivery support-
15.0 FTE positions..................................... 36,861,800 36,861,800
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............... 19,547,400 19,547,400
Women, infants, and children program local agreements
and food costs......................................... 231,285,000 231,285,000
GROSS APPROPRIATION...................................... $ 383,458,400 $ 383,458,400
Appropriated from:
Federal revenues:
Other federal revenues................................... 248,372,800 248,372,800
Special revenue funds:
Local revenues........................................... 28,817,700 28,817,700
Private revenues......................................... 64,785,700 64,785,700
Other state restricted revenues......................... 4,050,400 4,050,400
State general fund/general purpose...................... $ 37,431,800 $ 37,431,800
Sec. 8-117. CHILDREN'S SPECIAL HEALTH CARE SERVICES
Full-time equated classified positions................ 48.8 48.8
Bequests for care and services-2.8 FTE positions........ $ 2,087,100 $ 2,087,100
Children's special health care services
administration-46.0 FTE positions...................... 9,131,100 9,131,100
Medical care and treatment............................... 272,693,400 272,693,400
Nonemergency medical transportation..................... 801,200 801,200
Outreach and advocacy.................................... 5,510,000 5,510,000
GROSS APPROPRIATION...................................... $ 290,222,800 $ 290,222,800
Appropriated from:
Federal revenues:
Other federal revenues................................... 157,871,500 157,871,500
Special revenue funds:
Private revenues......................................... 1,365,500 1,365,500
Other state restricted revenues......................... 4,933,300 4,933,300
State general fund/general purpose...................... $ 126,052,500 $ 126,052,500
Sec. 8-118. HEALTH AND AGING SERVICES ADMINISTRATION
Full-time equated classified positions................ 467.0 467.0
Aging services administration-42.0 FTE positions........ $ 9,321,400 $ 9,321,400
Electronic health record incentive program.............. 8,000,000 8,000,000
Health services administration-392.0 FTE positions...... 86,423,100 86,423,100
Healthy Michigan plan administration-33.0 FTE
positions.............................................. 31,826,800 31,826,800
GROSS APPROPRIATION...................................... $ 135,571,300 $ 135,571,300
Appropriated from:
Federal revenues:
Other federal revenues................................... 91,781,200 91,781,200
Special revenue funds:
Local revenues........................................... 37,700 37,700
Private revenues......................................... 1,721,300 1,721,300
Other state restricted revenues......................... 336,300 336,300
State general fund/general purpose...................... $ 41,694,800 $ 41,694,800
Sec. 8-119. HEALTH AND AGING SERVICES
Adult home help services................................. $ 489,631,700 $ 489,631,700
Ambulance services....................................... 18,448,200 18,448,200
Auxiliary medical services............................... 7,113,500 7,113,500
Community services....................................... 53,476,000 53,476,000
Dental clinic program.................................... 1,000,000 1,000,000
Dental services.......................................... 529,942,000 529,942,000
Employment assistance.................................... 3,500,000 3,500,000
Federal Medicare pharmaceutical program................. 351,347,500 347,796,100
Health plan services..................................... 6,059,605,200 6,059,605,200
Healthy Michigan plan.................................... 5,248,282,900 5,248,282,900
Home health services..................................... 3,065,700 3,065,700
Hospice services......................................... 143,370,900 143,370,900
Hospital disproportionate share payments................ 45,000,000 45,000,000
Hospital services and therapy........................... 795,108,500 795,108,500
Integrated care organizations........................... 344,532,700 344,532,700
Long-term care services.................................. 1,993,078,900 1,993,078,900
Maternal and child health................................ 35,100,000 35,100,000
Medicaid home- and community-based services waiver...... 454,139,600 454,139,600
Medicare premium payments................................ 783,641,200 783,641,200
Nutrition services....................................... 48,054,200 48,054,200
Personal care services................................... 7,179,700 7,179,700
Pharmaceutical services.................................. 306,299,800 306,299,800
Physician services....................................... 211,838,000 211,838,000
Program of all-inclusive care for the elderly........... 234,393,900 234,393,900
Respite care program..................................... 6,468,700 6,468,700
School-based services.................................... 135,680,000 135,680,000
Senior volunteer service programs....................... 4,765,300 4,765,300
Special Medicaid reimbursement.......................... 333,762,400 333,762,400
Transportation........................................... 16,424,000 16,424,000
GROSS APPROPRIATION...................................... $ 18,664,250,500 $ 18,660,699,100
Appropriated from:
Federal revenues:
Other federal revenues................................... 13,329,120,800 13,329,120,800
Special revenue funds:
Local revenues........................................... 57,931,800 57,931,800
Private revenues......................................... 9,200,000 9,200,000
Michigan merit award trust fund......................... 61,268,700 61,268,700
Other state restricted revenues......................... 2,693,566,400 2,693,566,400
State general fund/general purpose...................... $ 2,513,162,800 $ 2,509,611,400
Sec. 8-120. INFORMATION TECHNOLOGY
Full-time equated classified positions................ 1.0 1.0
Bridges information system............................... $ 79,400,900 $ 79,400,900
Child support automation................................. 44,604,800 44,604,800
Comprehensive child welfare information system.......... 3,373,200 3,373,200
Information technology services and projects............ 267,972,100 267,972,100
Michigan Medicaid information system-1.0 FTE position... 99,929,200 99,929,200
Michigan statewide automated child welfare information
system................................................. 21,542,100 21,542,100
Technology supporting integrated service delivery....... 68,500 68,500
GROSS APPROPRIATION...................................... $ 516,890,800 $ 516,890,800
Appropriated from:
Interdepartmental grant revenues:
IDG from department of education........................ 1,059,700 1,059,700
Federal revenues:
Other federal revenues................................... 379,234,400 379,234,400
Special revenue funds:
Private revenues......................................... 5,250,000 5,250,000
Other state restricted revenues......................... 2,010,400 2,010,400
State general fund/general purpose...................... $ 129,336,300 $ 129,336,300
Sec. 8-121. ONE-TIME APPROPRIATIONS
Comprehensive child welfare information system.......... $ 27,825,400 $ 0
Congregate care pandemic relief grants.................. 15,000,000 0
Cross enrollment expansion............................... 2,500,000 0
Eliminate health disparities............................ 20,000,000 0
First responder and public safety staff mental health... 2,500,000 0
Food security council.................................... 50,000,000 0
Gun violence prevention study........................... 10,000,000 0
Home repair and plumbing assistance grants.............. 40,000,000 0
Jail diversion fund...................................... 15,000,000 0
MEHP - mental health expansion.......................... 25,000,000 0
Multicultural integration funding....................... 8,600,000 0
State-operated psychiatric complex...................... 325,000,000 0
Technology upgrades...................................... 1,750,000 0
GROSS APPROPRIATION...................................... $ 543,175,400 $ 0
Appropriated from:
Federal revenues:
Other federal revenues................................... 20,087,700 0
Special revenue funds:
State general fund/general purpose...................... $ 523,087,700 $ 0
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
FISCAL YEAR 2023
GENERAL SECTIONS
Sec. 8-201. Pursuant to section 30 of article IX of the state constitution of 1963, total state spending from state sources under part 1 for the fiscal year 2023 is $9,448,788,200.00 and state spending from state sources to be paid to local units of government for fiscal year 2023 is $1,898,726,500.00. The itemized statement below identifies appropriations from which spending to local units of government will occur:
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Child support incentive payments....................................... $ 10,857,300
Legal support contracts................................................ 200
Crime victim grants administration services............................ 395,300
Crime victim rights services grants.................................... 12,033,300
Domestic violence prevention and treatment............................. 217,600
Homeless programs...................................................... 9,200
Housing and support services........................................... 121,300
Adoption subsidies..................................................... 25,400
Child care fund........................................................ 152,649,000
Child care fund - indirect cost allotment.............................. 3,521,200
Child welfare licensing................................................ 120,000
Child welfare medical/psychiatric evaluations.......................... 19,000
Children's trust fund grants........................................... 24,200
Contractual services, supplies, and materials.......................... 156,200
Family preservation programs........................................... 311,500
Foster care payments................................................... 1,274,700
Strong families/safe children.......................................... 73,800
Youth in transition.................................................... 2,900
Bay pines center....................................................... 37,100
Community support services............................................. 103,300
Shawono center......................................................... 1,700
Emergency services local office allocations............................ 765,600
Family independence program............................................ 1,100
Indigent burial........................................................ 4,800
Michigan energy assistance program..................................... 216,100
Multicultural integration funding...................................... 1,615,900
State disability assistance payments................................... 151,500
Contractual services, supplies, and materials.......................... 64,300
Employment and training support services............................... 7,200
Disability determination operations.................................... 2,700
Behavioral health program administration............................... 599,800
Gambling addiction..................................................... 1,376,700
Mental health diversion council........................................ 202,200
Autism services........................................................ 100,084,100
Children with serious emotional disturbance waiver.................... 3,317,300
Children's waiver home care program.................................... 5,977,600
Community mental health non-Medicaid services.......................... 127,888,900
Community substance use disorder prevention, education, and treatment. 4,977,700
Health homes............................................................ 231,500
Healthy Michigan plan - behavioral health.............................. 69,732,000
Medicaid mental health services........................................ 1,153,898,600
Medicaid substance use disorder services............................... 28,721,000
Nursing home PAS/ARR-OBRA.............................................. 2,709,100
State disability assistance program substance use disorder services... 1,788,900
Caro Regional Mental Health Center - psychiatric hospital - adult..... 195,200
Center for forensic psychiatry......................................... 606,500
Hawthorn Center - psychiatric hospital - children and adolescents..... 60,600
Kalamazoo Psychiatric Hospital - adult................................. 54,600
Walter P. Reuther Psychiatric Hospital - adult......................... 52,100
Primary care services.................................................. 98,000
Epidemiology administration............................................ 285,100
Healthy homes program.................................................. 1,333,200
AIDS prevention, testing, and care programs............................ 2,416,200
Cancer prevention and control program.................................. 46,900
Essential local public health services................................. 44,364,400
Implementation of 1993 PA 133, MCL 333.17015........................... 400
Local health services.................................................. 1,537,100
Sexually transmitted disease control program........................... 505,100
Smoking prevention program............................................. 201,800
Family planning local agreements....................................... 253,200
Immunization program................................................... 2,197,400
Pregnancy prevention program........................................... 28,100
Prenatal care outreach and service delivery support................... 4,967,400
Medical care and treatment............................................. 461,000
Outreach and advocacy.................................................. 2,631,100
Community services..................................................... 23,833,500
Nutrition services..................................................... 13,031,400
Respite care program................................................... 5,632,700
Senior volunteer service programs...................................... 914,800
Aging services administration.......................................... 1,303,600
Adult home help services............................................... 139,900
Ambulance services..................................................... 516,600
Auxiliary medical services............................................. 1,300
Dental services........................................................ 822,000
Healthy Michigan plan.................................................. 850,200
Home health services................................................... 6,500
Hospice services....................................................... 23,900
Hospital disproportionate share payments............................... 19,900
Hospital services and therapy.......................................... 2,736,300
Long-term care services................................................ 82,997,200
Medicaid home- and community-based services waiver.................... 15,147,800
Personal care services................................................. 27,300
Pharmaceutical services................................................ 3,600
Physician services..................................................... 2,015,400
Special Medicaid reimbursement......................................... 29,600
Transportation......................................................... 88,800
TOTAL.................................................................... $ 1,898,726,500
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, 2023.
(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) "FQHC" means Federally Qualified Health Center.
(k) "FTE" means full-time equated.
(l) "GME" means graduate medical education.
(m) "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.
(n) "HEDIS" means healthcare effectiveness data and information set.
(o) "HMO" means health maintenance organization.
(p) "IDEA" means the individuals with disabilities education act, 20 USC 1400 to 1482.
(q) "IDG" means interdepartmental grant.
(r) "MCH" means maternal and child health.
(s) "Medicaid" means subchapter XIX of the social security act, 42 USC 1396 to 1396w-5.
(t) "Medicare" means subchapter XVIII of the social security act, 42 USC 1395 to 1395lll.
(u) "MiCAFE" means Michigan's coordinated access to food for the elderly.
(v) "MIChild" means the program described in section 1670 of this part.
(w) "MiSACWIS" means Michigan statewide automated child welfare information system.
(x) "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.
(y) "PFAS" means perfluoroalkyl and polyfluoroalkyl substances.
(z) "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.
(aa) "Previous fiscal year" means the fiscal year ending September 30,2022.
(bb) "Quarterly reports" means 4 reports shall be submitted to the required recipients by the following dates: February 1, April 1, July 1, and September 30 of the current fiscal year.
(cc) "Semiannual basis" means March 1 and September 30 of the current fiscal year.
(dd) "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.
(ee) "SSI" means supplemental security income.
(ff) "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.
(gg) "Title IV-B" means part B of title IV of the social security act, 42 USC 621 to 629m.
(hh) "Title IV-D" means part D of title IV of the social security act, 42 USC 651 to 669b.
(ii) "Title IV-E" means part E of title IV of the social security act, 42 USC 670 to 679c.
(jj) "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 shall include transmission of reports via Email to the recipients identified for each reporting requirement, or it shall include placement of reports on an Internet site.
Sec. 8-205. To the extent permissible under MCL 18.1261:
(a) Funds appropriated in part 1 must 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 must be given to goods or services, or both, manufactured or provided by Michigan businesses, if they are competitively priced and of comparable quality.
(c) In addition, preference must be given to goods or services, or both, that are manufactured or provided by Michigan businesses owned and operated by veterans, if they are competitively priced and of comparable quality.
Sec. 8-206. To the extent permissible under the management and budget act, the director shall take all reasonable steps to ensure businesses in deprived and depressed communities compete for and perform contracts to provide services or supplies, or both. 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. 8-207. Consistent with MCL 18.1217, the departments and agencies receiving appropriations in part 1 shall prepare a report on out-of-state travel expenses not later than January 1 of each year. The travel report shall be a listing of all travel by classified and unclassified employees outside this state in the immediately preceding fiscal year that was funded in whole or in part with funds appropriated in the department's budget. The report shall be submitted to the senate and house appropriations committees, the house and senate fiscal agencies, and the state budget director. The report shall include the following information:
(a) The dates of each travel occurrence.
(b) The transportation and related costs of each travel occurrence, including the proportion funded with state general fund/general purpose revenues, the proportion funded with state restricted revenues, the proportion funded with federal revenues, and the proportion funded with other revenues.
Sec. 8-208. Funds appropriated in part 1 shall not be used by a principal executive department, state agency, or authority to hire a person to provide legal services that are the responsibility of the attorney general. This prohibition does not apply to legal services for bonding activities and for those outside services that the attorney general authorizes.
Sec. 8-209. Not later than December 31, 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 $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. These funds shall not be made available to increase TANF authorization.
(2) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $90,000,000.00 for state restricted contingency funds. These funds are not available for expenditure until they have been transferred to another line item in this article under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.
(3) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $40,000,000.00 for local contingency funds. These funds are not available for expenditure until they have been transferred to another line item in this article under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.
(4) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $60,000,000.00 for private contingency funds. These funds are not available for expenditure until they have been transferred to another line item in this article under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.
Sec. 8-211. From the funds appropriated in part 1, the department shall provide to the department of technology, management and budget information sufficient to maintain a searchable website accessible by the public at no cost that includes, but is not limited to, all of the following for each department or agency:
(a) Fiscal year-to-date expenditures by category.
(b) Fiscal year-to-date expenditures by appropriation unit.
(c) Fiscal year-to-date payments to a selected vendor, including the vendor name, payment date, payment amount, and payment description.
(d) The number of active department employees by job classification.
(e) Job specifications and wage rates.
Sec. 8-212. Within 14 days after the release of the executive budget recommendation, the department shall provide to the state budget office information sufficient to provide the senate and house appropriations chairs, the senate and house appropriations subcommittees chairs, and the senate and house fiscal agencies with an annual report on estimated state restricted fund balances, state restricted fund projected revenues, and state restricted fund expenditures for the fiscal years ending September 30, 2022 and September 30, 2023.
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, 2023 are estimated at $309,264,700.00. From this amount, total agency appropriations for pension-related legacy costs are estimated at $187,764,100.00. Total agency appropriations for retiree health care legacy costs are estimated at $121,500,600.00.
Sec. 8-216. (1) In addition to funds appropriated in part 1 for all programs and services, there is appropriated for write-offs of accounts receivable, deferrals, and for prior year obligations in excess of applicable prior year appropriations, an amount equal to total write-offs and prior year obligations, but not to exceed amounts available in prior year revenues.
(2) The department's ability to satisfy appropriation fund sources in part 1 is not limited to collections and accruals pertaining to services provided in the current fiscal year, but also includes reimbursements, refunds, adjustments, and settlements from prior years.
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 1-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 March 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 March 1 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. 8-222. The department shall make the entire policy and procedures manual available and accessible to the public via the department website.
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 those costs shall be applied against the federal funds deducted in the departmental administration and support appropriation unit.
Sec. 8-226. If the revenue collected by the department from fees and collections exceeds the amount appropriated in part 1, the revenue may be carried forward with the approval of the state budget director into the subsequent fiscal year. The revenue carried forward under this section shall be used as the first source of funds in the subsequent fiscal year.
Sec. 8-227. The state departments, agencies, and commissions receiving tobacco tax funds and Healthy Michigan fund revenue from part 1 shall report by April 1 of the current fiscal year to the senate and house appropriations committees, the senate and house fiscal agencies, and the state budget director on the following:
(a) A detailed spending plan by appropriation line item including description of programs and a summary of organizations receiving these funds.
(b) A 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 residents of this state.
Sec. 8-228. (1) If the department is authorized under state or federal law to collect an overpayment owed to the department, the department may assess a penalty of 1% per month beginning 60 days after notification. If an overpayment is caused by department error, a penalty may not be assessed until 6 months after the initial notification date of the overpayment amount. The department shall not collect penalty interest in an amount that exceeds the amount of the original overpayment. The state share of any funds collected under this section shall be deposited in the state general fund.
(2) By September 30 of the current fiscal year, the department shall report to the house and senate appropriations subcommittees on the department budget, the house and senate fiscal agencies, and the state budget office on penalty amounts assessed and paid by account during the current fiscal year, the reason for the penalty, and the current status of the account.
Sec. 8-230. By January 31 of the current fiscal year, the department shall report to the senate and house appropriations subcommittees on the department budget, the senate and house fiscal agencies and policy offices, and the state budget office on the status of the implementation of any noninflationary, noncaseload, programmatic funding increases in the current fiscal year from the previous fiscal year. The report shall confirm the implementation of already implemented funding increases and provide explanations for any planned implementation of funding increases that have not yet occurred. For any planned implementation of funding increases that have not yet occurred, the department shall provide an expected implementation date and the reasons for delayed implementation.
Sec. 8-231. (1) From the funds appropriated in part 1, the department shall provide sufficient funding to increase the wages paid to direct care workers described in subsection (2) by $2.35 per hour above the rates paid on March 1, 2020 for the current fiscal year.
(2) The direct care wage increase shall be provided to direct care workers employed by the department, its contractors, and its subcontractors who received a $2.00 per hour state-funded wage increase beginning in April 2020. The total combined direct care wage increases from the April 2020 direct care wage increase and the wage increase outlined in this section is $2.35 per hour and is in effect for the current fiscal year.
(3) From the funds appropriated in part 1, the department shall provide sufficient funding to increase the wages paid to direct care workers described in subsections (4), (5), (6), and (7) by $2.35 per hour above the rates paid on June 1, 2020 for the current fiscal year.
(4) A direct care wage increase of $2.35 per hour shall be provided to direct care workers employed by skilled nursing facilities for the current fiscal year. This funding shall include all costs incurred by the employer, including payroll taxes, due to the $2.35 per hour increase. As used in this subsection, "direct care workers" means a registered professional nurse, licensed practical nurse, competency-evaluated nursing assistant, and respiratory therapist.
(5) A direct care wage increase of $2.35 per hour shall be provided to direct care workers employed by area agencies on aging and their contractors for in-home and respite services for the current fiscal year. This funding shall include all costs incurred by the employer, including payroll taxes, due to the $2.35 per hour increase.
(6) A direct care wage increase of $2.35 per hour shall be provided for the current fiscal year to direct care workers employed by licensed adult foster care homes and licensed homes for the aged that provide Medicaid funded personal care services who were not eligible for any direct care worker pay adjustment under any other subsection of this section. This funding shall include all costs incurred by the employer, including payroll taxes, due to the $2.35 per hour increase.
(7) A direct care wage increase of $2.35 per hour shall be provided for the current fiscal year to direct support employees and job coaches who work in Medicaid-funded supported employment arrangements and who were not eligible for any direct care worker pay adjustment under any other subsection of this section. This funding shall include all costs incurred by the employer, including payroll taxes, due to the $2.35 per hour increase.
(8) A wage increase of $2.35 per hour shall be provided for the current fiscal year to non-clinical workers in nursing facilities who were not eligible for any pay adjustment under any other subsection of this section. This funding shall include all costs incurred by the employer, including payroll taxes , due to the $2.35 per hour increase.
(9) From the funds appropriated in part 1, a direct care wage increase of $2.00 per hour shall be provided for the current fiscal year to frontline workers employed by private child caring institutions. This funding shall include all costs incurred by the employer, including payroll taxes, due to the $2.00 per hour increase. As used in this section, a "child caring institution" means that term as defined in section 1 of 1973 PA 116, MCL 722.111.
(10) Contractors and subcontractors receiving funding to support these direct care wage increases shall be required to provide documentation of the wage increases provided under this section to the department.
(11) Any payment enhancement above the hourly rate in effect immediately before the wage increase is of no effect in determining any employee's average compensation as provided by any contract or other provision of law.
(12) A direct care worker may elect to not receive the wage increase provided in this section. The election to not receive the wage increase in this section must be made either in writing or electronically. The employer of a direct care worker who has elected to not receive the wage increase in this section must remit back to this state any of the funds authorized by this section based on the number of direct care workers it employs who have elected to not receive the wage increase authorized by this section.
(13) Contractors and subcontractors receiving funding to support the direct care wage increase under this section shall report to the department by February 1 of the current fiscal year the range of wages paid to direct care workers, including information on the number of direct care workers at each wage level.
(14) The department shall report the information required to be reported according to subsection (13) 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. 8-244. 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 the state budget office on any line-item appropriation for which the department estimates total annual expenditures would exceed the funds appropriated for that line-item appropriation by 5% or more. The department shall provide a detailed explanation for any relevant line-item appropriation exceedance and shall identify the corrective actions undertaken to mitigate line-item appropriation expenditures from exceeding the funds appropriated for that line-item appropriation by a greater amount. This section does not apply for line-item appropriations that are part of the May revenue estimating conference caseload and expenditure estimates.
Sec. 8-252. The appropriations in part 1 for Healthy Michigan plan - behavioral health, Healthy Michigan plan administration, and Healthy Michigan plan are contingent on the provisions of the social welfare act, 1939 PA 280, MCL 400.1 to 400.119b, that were contained in 2013 PA 107 not being amended, repealed, or otherwise altered to eliminate the Healthy Michigan plan. If that occurs, then, upon the effective date of the amendatory act that amends, repeals, or otherwise alters those provisions, the remaining funds in the Healthy Michigan plan - behavioral health, Healthy Michigan plan administration, and Healthy Michigan plan line items shall only be used to pay previously incurred costs and any remaining appropriations shall not be allotted to support those line items.
Sec. 8-263. (1) Except as otherwise provided in this subsection, before submission of a waiver, a state plan amendment, or a similar proposal to CMS or other federal agency, the department shall provide written notification of the planned submission to the house and senate appropriations subcommittees on the department budget, the house and senate fiscal agencies and policy offices, and the state budget office. This subsection does not apply to the submission of a waiver, a state plan amendment, or similar proposal that does not propose a material change or is outside of the ordinary course of waiver, state plan amendment, or similar proposed submissions.
(2) The department shall provide written reports on a semiannual basis to the senate and house appropriations subcommittees on the department budget, the senate and house fiscal agencies, and the state budget office summarizing the status of any new or ongoing discussions with CMS or the United States Department of Health and Human Services or other federal agency regarding potential or future waiver applications as well as the status of submitted waivers that have not yet received federal approval. If, at the time a semiannual report is due, there are no reportable items, then no report is required to be provided.
Sec. 8-270. The department shall advise the legislature of the receipt of a notification from the attorney general's office of a legal action in which expenses had been recovered according to section 106(6) of the social welfare act, 1939 PA 280, MCL 400.106. By February 1 of the current fiscal year, the department shall submit a written report to the house and senate appropriations subcommittees on the department budget, the house and senate fiscal agencies, and the state budget office that includes, at a minimum, all of the following:
(a) The total amount recovered from the legal action.
(b) The program or service for which the money was originally expended.
(c) Details on the disposition of the funds recovered such as the appropriation or revenue account in which the money was deposited.
(d) A description of the facts involved in the legal action.
Sec. 8-275. (1) On a quarterly basis, the department, with the approval of the state budget director, is authorized to realign sources between other federal, TANF, and capped federal financing authorizations in order to maximize federal revenues. This realignment of financing shall not produce a gross increase or decrease in the department's total individual line item authorizations, nor will it produce a net increase or decrease in total federal revenues, or a net increase in TANF authorization.
(2) On a quarterly basis the department shall report to the house and senate appropriations subcommittees on the department budget, the house and senate fiscal agencies, and the house and senate policy offices on the realignment of federal fund sources transacted to date in the current fiscal year under the authority of subsection (1), including the dates, line items, and amounts of the transactions. If, at the time a quarterly report is due, no transactions were made under the authority of (1), then no report is required to be provided.
(3) Within 30 days after the date on which year-end book closing is completed, the department shall submit to the house and senate appropriations subcommittees on the department budget, the house and senate fiscal agencies, and the house and senate policy offices a report on the realignment of federal fund sources that took place as part of the year-end closing process for the previous fiscal year.
Sec. 8-288. (1) Indirect costs shall be limited to no more than 10% of a grant award funded solely from state restricted funds or general and designated in this part or part 1 for a specific entity for the purpose of funding services to individuals.
(2) The department may allow a contract grant award to exceed the limitation on indirect costs if it can be demonstrated that an exception should be made to the provision in subsection (1).
(3) By September 30 of the current fiscal year, the department shall report to the house and senate appropriations subcommittees on the department budget, house and senate fiscal agencies, and state budget office on the rationale for all exceptions made to the provision in subsection (1) and the number of grant agreements terminated due to violations of subsection (1). If, at the time the report is due, no exemptions were made or grant agreements terminated under the authority described in (2), then no report is required to be provided.
Sec. 8-290. Any public advertisement for public assistance shall also inform the public of the welfare fraud hotline operated by the department.
Sec. 8-296. From the funds appropriated in part 1, the department to the extent permissible under section 8 of 1964 PA 170, MCL 691.1408, is responsible for the necessary and reasonable attorney fees and costs incurred by private and independent legal counsel chosen by current and former classified and unclassified department employees in the defense of the employees in any state or federal lawsuit or investigation related to the water system in a city or community in which a declaration of emergency was issued because of drinking water contamination.
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 after 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 of TANF revenue by December 1 of the current fiscal year to support the Northeast Michigan Community Service Agency programming. 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) By July 15 of the current fiscal year, the Northeast Michigan Community Service Agency shall provide reports to the department 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. (1) From the funds appropriated in part 1 for homeless programs, the department shall allocate funds to the emergency shelter program to support efforts of shelter providers to move homeless individuals and households into permanent housing as quickly as possible. Funding provided shall be equal to or exceed the amount a provider would receive if paid a $19.00 per diem rate per bed night. Expected outcomes are increased shelter discharges to stable housing destinations, decreased recidivism rates for shelter clients, and a reduction in the average length of stay in emergency shelters.
(2) By March 1 of the current fiscal year, the department shall submit to the house and senate appropriations subcommittees on the department budget, the house and senate fiscal agencies, the house and senate policy offices, and the state budget office a report on the total amount expended for the program in the previous year, the total number of shelter nights provided, and the average length of stay in an emergency shelter.
Sec. 8-454. The department shall allocate the full amount of funds appropriated in part 1 for homeless programs to provide services for homeless individuals and families, including, but not limited to, third-party contracts for emergency shelter services.
Sec. 8-455. As a condition of receipt of federal TANF revenue, 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 revenue 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 revenue under this section is not an ongoing commitment of funding.
Sec. 8-456. From the funds appropriated in part 1 for homeless programs, the department shall allocate $90,000.00 to reimburse public service agencies that provide documentation of paying birth certificate fees on behalf of category 1 homeless clients at county clerk's offices. Public service agencies shall be reimbursed for the cost of the birth certificate fees quarterly until this allocation is fully spent.
Sec. 8-457. (1) From the funds appropriated in part 1 for the uniform statewide sexual assault evidence kit tracking system, in accordance with the final report of the Michigan sexual assault evidence kit tracking and reporting commission, $369,500.00 is allocated from the general fund to contract for the administration of a uniform statewide sexual assault evidence kit tracking system, and one FTE to provide administrative support. The system shall include the following:
(a) A uniform statewide system to track the submission and status of sexual assault evidence kits.
(b) A uniform statewide system to audit untested kits that were collected on or before March 1, 2015 and were released by victims to law enforcement.
(c) Secure electronic access for victims.
(d) The ability to accommodate concurrent data entry with kit collection through various mechanisms, including web entry through computer or smartphone, and through scanning devices.
(2) By March 30 of the current fiscal year, the department shall submit to the senate and house appropriations subcommittees on the department budget, the senate and house fiscal agencies, the senate and house policy offices, and the state budget office a status report on the administration of the uniform statewide sexual assault evidence kit tracking system, including operational status and any known issues regarding implementation.
(3) The sexual assault evidence tracking fund established in section 1451 of 2017 PA 158 shall continue to be maintained in the department of treasury. Money in the sexual assault evidence tracking fund at the close of a fiscal year remains in the sexual assault evidence tracking fund and does not revert to the general fund and shall be appropriated as provided by law for the development and implementation of a uniform statewide sexual assault evidence kit tracking system as described in subsection (1).
(4) By September 30 of the current fiscal year, the department shall submit to the senate and house appropriations subcommittees on the department budget, the senate and house fiscal agencies, the senate and house policy offices, and the state budget office a report on the findings of the annual audit of the proper submission of sexual assault evidence kits as required by the sexual assault kit evidence submission act, 2014 PA 227, MCL 752.931 to 752.935. The report must include, but is not limited to, a detailed county-by-county compilation of the number of sexual assault evidence kits that were properly submitted and the number that met or did not meet deadlines established in the sexual assault kit evidence submission act, 2014 PA 227, MCL 752.931 to 752.935, the number of sexual assault evidence kits retrieved by law enforcement after analysis, and the physical location of all released sexual assault evidence kits collected by health care providers in that year, as of the date of the annual draft report for each reporting agency.
Sec. 8-458. From the funds appropriated in part 1 for crime victim rights services grants, the department shall allocate $2,000,000.00 from the crime victim's rights fund to maintain increased grant funding to support the further use of crime victim advocates in the criminal justice system. The purpose of the additional funding is to increase available grant funding for crime victim advocates to ensure that the advocates have the resources, training, and funding needed to respond to the physical and emotional needs of crime victims and to provide victims with the necessary services, information, and assistance in order to help them understand and participate in the criminal justice system and experience a measure of safety and security throughout the legal process.
Sec. 8-459. From the funds appropriated in part 1 for child advocacy centers, the department shall allocate $1,000,000.00 to continue to provide additional funding to child advocacy centers to support the general operations of child advocacy centers. The purpose of this additional funding is to increase the amount of services provided to children and their families who are victims of abuse over the amount provided in the previous fiscal year. The additional funding directed in this section shall only be used for the purposes described under section 4 of the children's advocacy center act, 2008 PA 544, MCL 722.1044.
Sec. 8-463. From the funds appropriated in part 1 for runaway and homeless youth grants and domestic violence prevention and treatment, the department is authorized to make allocations of TANF revenue only to agencies that report necessary data to the department for the purpose of meeting TANF eligibility reporting requirements.
Sec. 8-464. From the funds appropriated in part 1 for diaper assistance payments, $250,000.00 of TANF revenue shall be allocated as grants to diaper assistance programs established as of January 1, 2020. The funds shall only be used to purchase diapering supplies for children under 36 months of age. Funds shall be evenly distributed to all regions of this state as defined by the Michigan economic recovery council.
CHILDREN'S SERVICE AGENCY - CHILD WELFARE
Sec. 8-501. (1) A goal is established that not more than 25% of all children in foster care at any given time during the current fiscal year, if in the best interest of the child, will have been in foster care for 24 months or more.
(2) By March 1 of the current fiscal year, the department shall provide to the senate and house appropriations subcommittees on the department budget, the senate and house fiscal agencies, the senate and house policy offices, and the state budget office a report describing the steps that will be taken to achieve the specific goal established in this section and on the percentage of children who currently are in foster care and who have been in foster care a total of 24 or more months.
Sec. 8-502. From the funds appropriated in part 1 for foster care, the department shall provide 50% reimbursement to Indian tribal governments for foster care expenditures for children who are under the jurisdiction of Indian tribal courts and who are not otherwise eligible for federal foster care cost sharing. The department may provide up to 100% reimbursement to Indian tribal governments that enter into a state-tribal title IV-E agreement allowed under this state's title IV-E state plan.
Sec. 8-503. (1) In accordance with the final report of the Michigan child welfare performance-based funding task force issued in response to section 503 of article X of 2013 PA 59, the department shall continue to review, update, or develop actuarially sound case rates for necessary child welfare foster care case management services that achieve permanency by the department and private child placing agencies in a prospective payment system under a performance-based funding model.
(2) In accordance with the final report of the Michigan child welfare performance-based funding task force issued in response to section 503 of article X of 2013 PA 59, the department shall continue an independent, third-party evaluation of the performance-based funding model.
(3) The department shall only implement the performance-based funding model into additional counties where the department, private child welfare agencies, the county, and the court operating within that county have signed a memorandum of understanding that incorporates the intentions of the concerned parties in order to implement the performance-based funding model.
(4) The department, in conjunction with members from both the house of representatives and senate, private child placing agencies, the courts, and counties shall continue to implement the recommendations that are described in the workgroup report that was provided in section 503 of article X of 2013 PA 59 to establish a performance-based funding model pilot program for public and private child welfare services providers. The department shall provide quarterly reports on the status of the performance-based contracting model to the senate and house appropriations subcommittees on the department budget, the senate and house standing committees on families and human services, and the senate and house fiscal agencies and policy offices.
5) From the funds appropriated in part 1 for the performance-based funding model pilot, the department shall continue to work with the West Michigan Partnership for Children Consortium on the implementation of the performance-based funding model pilot. The consortium shall accept and comprehensively assess referred youth, assign cases to members of its continuum or leverage services from other entities, and make appropriate case management decisions during the duration of a case. The consortium shall operate an integrated continuum of care structure, with services provided by both private and public agencies, based on individual case needs. The consortium shall demonstrate significant organizational capacity and competencies, including experience with managing risk-based contracts, financial strength, experienced staff and leadership, and appropriate governance structure.
Sec. 8-504. (1) From the funds appropriated in part 1, the department shall continue the master agreement with the West Michigan Partnership for Children Consortium to pilot 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) As a condition for receiving the funding in part 1, the West Michigan Partnership of Children Consortium shall maintain a contract agreement with the department that supports a global capitated payment model. The capitated payment amount shall be based on historical averages of the number of children served in Kent County and for the costs per foster care case. The West Michigan Partnership for Children Consortium is required to manage the cost of the child population it serves. The capitated payment amount shall be reviewed and adjusted no less than twice during the current fiscal year or due to any policy changes implemented by the department that result in a volume of placements that differ in a statistically significant manner from the amount allocated in the annual contract between the department and the West Michigan Partnership for Children Consortium as determined by an independent actuary as well as to account for changes in case volumes and any statewide rate increases that are implemented. The contract agreement requires that the West Michigan Partnership for Children Consortium shall maintain the following stipulations and conditions:
(a) That the service component of the capitated payment will be calculated assuming rates paid to providers under the pilot program are generally consistent with the department's payment policies for providers throughout the rest of this state.
(b) To maintain a risk reserve of at least $1,500,000.00 to ensure it can meet unanticipated expenses within a given fiscal year.
(c) That until the risk reserve is established, the West Michigan Partnership for Children Consortium shall submit to the department a plan for how they will manage expenses to fit within their capitated payment revenue. The department shall review and approve any new investments in provider payments above statewide rates and norms to ensure they are supported by offsetting savings so that costs remain within available revenue.
(d) To cooperate with the department on an independent fiscal analysis of costs incurred and revenues received during the course of the pilot program to date.
(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 outcomes measured.
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 on 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 is not limited to collections and accruals pertaining to services provided only in the current fiscal year but may include revenues collected during the current fiscal year for services provided in prior fiscal years.
Sec. 8-508. (1) In addition to the amount appropriated in part 1 for children's trust fund grants, money granted or money received as gifts or donations to the children's trust fund created by 1982 PA 249, MCL 21.171 to 21.172, is appropriated for expenditure.
(2) For the funds described in subsection (1), the department shall ensure that administrative delays are avoided and the local grant recipients and direct service providers receive money in an expeditious manner. The department and board shall make available the children's trust fund contract funds to grantees within 31 days of the start date of the funded project.
Sec. 8-509. From the funds appropriated in part 1 for adoption support services, the department shall maintain the increase of contracted rates paid to private child placing agencies for adoption placement rates.
Sec. 8-511. The department shall provide reports on an annual basis to the senate and house appropriations subcommittees on the department budget, the senate and house standing committees on families and human services, and the senate and house fiscal agencies and policy offices on the number and percentage of children who received timely physical and mental health examinations after entry into foster care. The goal of the program is that at least 85% of children shall have an initial medical and mental health examination within 30 days after entry into foster care.
Sec. 8-512. By March 1 of the current fiscal year, the department shall report to the senate and house appropriations subcommittees on the department budget, the senate and house fiscal agencies, the senate and house policy offices, and the state budget office on the following information for cases of child abuse or child neglect from the previous fiscal year:
(a) The total number of relative care placements.
(b) The total number of relatives with a placement who became licensed.
(c) A list of the reasons from a sample of cases where relatives were denied foster home licensure as documented by the department.
Sec. 8-513. (1) The department shall not expend funds appropriated in part 1 to pay for the direct placement by the department of a child in an out-of-state facility unless all of the following conditions are met:
(a) There is no appropriate placement available in this state as determined by the department's 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's interstate compact office.
(c) The out-of-state facility meets all of the licensing standards of this state for a comparable facility.
(d) The out-of-state facility meets all of the applicable licensing standards of the state in which it is located.
(e) The department has done an on-site visit to the out-of-state facility, reviewed the facility records, reviewed licensing records and reports on the facility, and believes that the facility is an appropriate placement for the child.
(2) The department shall not expend money for a child placed in an out-of-state facility without approval of the executive director of the children's services agency.
(3) The department shall submit an annual report by March 1 of the current fiscal year to the state court administrative office, the house and senate appropriations subcommittees on the department budget, the house and senate fiscal agencies, the house and senate policy offices, and the state budget office on the number of Michigan children residing in out-of-state facilities in the previous fiscal year and shall include the total cost and average per diem cost of these out-of-state placements to this state, and a list of each such placement arranged by the Michigan county of residence for each child.
Sec. 8-515. If a child protective services caseworker requests approval for another child protective services caseworker or other department employee to accompany them on a home visit because the caseworker believes it would be unsafe to conduct the home visit alone, the department shall not deny the request.
Sec. 8-516. From funds appropriated in part 1 for child care fund, the administrative or indirect cost payment equal to 10% of a county's total monthly gross expenditures shall be distributed to the county on a monthly basis and a county is not required to submit documentation to the department for any of the expenditures that are covered under the 10% payment as described in section 117a(4)(b)(ii) and (iv) of the social welfare act, 1939 PA 280, MCL 400.117a.
Sec. 8-521. (1) From the funds appropriated in part 1 for child care fund - indirect cost allotment, the department shall allocate $3,500,000.00 to counties and tribal governments that receive reimbursements in part 1 from child care fund.
(2) The amount described in subsection (1) shall be distributed to each county or tribal government in the same proportion as their prior fiscal year child care fund expenditures to the total statewide child care fund expenditures.
Sec. 8-522. (1) From the funds appropriated in part 1 for youth in transition, the department shall allocate $750,000.00 for scholarships through the fostering futures scholarship program in the Michigan education trust to youths who were in foster care because of child abuse or child neglect and are attending a college or a career technical educational institution located in this state. Of the funds appropriated, 100% shall be used to fund scholarships for the youths described in this section.
(2) By January 31 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 under this section and the amount of each scholarship, and the total amount of funds spent or encumbered in the current fiscal year.
Sec. 8-523. By February 15 of the current fiscal year, the department shall submit to the senate and house appropriations subcommittees on the department budget, the senate and house fiscal agencies, the senate and house policy offices, and the state budget office a report on the families first, family reunification, and families together building solutions family preservation programs. The report shall provide population and outcome data based on contractually required follow-up evaluations for families who received family preservation services and shall include information for each program on any innovations that may increase child safety and risk reduction.
Sec. 8-524. As a condition of receiving funds appropriated in part 1 for strong families/safe children, counties must submit the service spending plan to the department by October 1 of the current fiscal year for approval. The department shall approve the service spending plan within 30 calendar days after receipt of a properly completed service spending plan.
Sec. 8-525. The department shall implement the same on-site evaluation processes for privately operated child welfare and juvenile justice residential facilities as is used to evaluate state-operated facilities. Penalties for noncompliance shall be the same for privately operated child welfare and juvenile justice residential facilities and state-operated facilities.
Sec. 8-526. From the funds appropriated in part 1 for court-appointed special advocates, the department shall allocate $1,000,000.00 to fund a project with a nonprofit, community-based organization organized under the laws of this state that are exempt from federal income tax under section 501(c)(3) of the internal revenue code of 1986, 26 USC 501, located in a charter township with a population of between 16,000 and 17,000 according to the 2010 federal decennial census that is located in a county with a population of between 600,000 and 605,000 according to the 2010 federal decennial census. The nonprofit organization recipient shall have an existing network of affiliate programs operating in at least 25 counties in this state. The nonprofit organization shall use the funds to recruit, screen, train, and supervise volunteers who provide advocacy services on behalf of abused and neglected children.
Sec. 8-529. From the funds appropriated in part 1 for family preservation programs, the department shall maintain the total combined funding levels of the families first, family reunification, and families together building solutions family preservation programs as of September 30, 2021. For the current fiscal year as the department moves towards implementation of the federal Family First Prevention Services Act, Public Law 115-123, the funding available to serve families through the existing family preservation programs shall not be reduced.
Sec. 8-530. (1) All master contracts relating to foster care and adoption services as funded by the appropriations in section 105 of part 1 shall be performance-based contracts that employ a client-centered results-oriented process that is based on measurable performance indicators and desired outcomes and includes the annual assessment of the quality of services provided.
(2) By February 1 of the current fiscal year, the department shall provide the senate and house appropriations subcommittees on the department budget, the senate and house fiscal agencies and policy offices, and the state budget office a report detailing measurable performance indicators, desired outcomes, and an assessment of the quality of services provided by the department during the previous fiscal year.
Sec. 8-531. The department shall notify the house and senate appropriations subcommittees on the department budget, the house and senate fiscal agencies, and the house and senate policy offices of any changes to a child welfare master contract template, including the adoption master contract template, the independent living plus master contract template, the child placing agency foster care master contract template, and the residential foster care juvenile justice master contract template, prior to the time when the changes takes effect.
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 after receiving all necessary documentation from those agencies.
Sec. 8-534. The department shall submit to the senate and house appropriations subcommittees on the department budget, the senate and house fiscal agencies, the senate and house policy offices, and the state budget office by April 1 of the current fiscal year a report on the adoption subsidies expenditures from the previous fiscal year. The report shall include, but is not limited to, the range of non-$0.00 annual adoption support subsidy amounts, for both title IV-E eligible cases and state-funded cases, paid to adoptive families, the number of title IV-E and state-funded cases, the number of cases in which the adoption support subsidy request of adoptive parents for assistance was denied by the department, and the number of adoptive parents who requested a redetermination of adoption support subsidy.
Sec. 8-535. (1) From the funds appropriated in part 1 for foster care payments, the department shall allocate up to $1,500,000.00 of private revenues from The New Foster Care Inc. to fund a 3-year culturally competent kinship placement, support, and licensing services pilot program in a county with a population between 1,202,000 and 1,203,000 according to the 2010 federal decennial census and a county with a population over 1,500,000 according to the 2010 federal decennial census based on the work conducted by A Second Chance Inc. The goal of the pilot program is to increase the kinship licensure rate and reduce the average length of stay for children in foster care with the intent to expand the program statewide, contingent on legislative appropriations. Efforts to reach this goal shall include the following:
(a) Locate appropriate kinship family for out-of-home placement of children.
(b) Provide support to kinship care providers and facilitate connections to programs and services to assist them in meeting the needs of children.
(c) Assist kinship care providers in meeting state foster parent licensing requirements.
(d) Support parents to expedite permanency planning.
(2) Subject to part 1 appropriations and pursuant to an annual evaluation, the department through legislative appropriations shall reallocate any savings and revenue stemming from program services that result in a reduction in the length of stay in foster care for the children served by the program compared to the average and maximize federal funds associated with this pilot program.
(3) The agency selected to administer the pilot program will be selected with input from The New Foster Care, Inc. and approved by the executive director of the children's services agency.
Sec. 8-536. By June 30 of the current fiscal year, the department shall submit to the senate and house appropriations subcommittees on the department budget, the senate and house fiscal agencies, and the policy offices a report on the status of the department's planned and achieved implementation of the federal family first prevention services act, Public Law 115-123. The report shall include, but not be limited to, an estimate of the 5-year spending plan for administrative and compliance costs, a summary of all historical expenditures made to date for implementation by line-item appropriation and program type, information regarding compliance with title IV-E prevention requirements, the status of statewide compliance with the qualified residential treatment program requirements, a summary of provider concerns with respect to requirements under the qualified residential treatment program as that term is defined in section 1 of 1973 PA 116, MCL 722.111, a detailed methodology in determining any savings realized or estimated from a reduction in congregate care or residential placements, the department's conformity with federal model licensing standards, the department's plan for tracking and preventing child maltreatment deaths, and the department's plan for extending John H. Chafee foster care independence programs up to age 23.
Sec. 8-537. By March 1 of the current fiscal year, the department shall submit to the senate and house appropriations subcommittees on the department budget, the senate and house fiscal agencies, and the senate and house policy offices a report on the number of unlicensed relative providers with a relative placement denied a foster home license for not meeting the standards established for state licensing for foster care. The report shall also include the status of title IV-E claims for foster care maintenance payments and foster care administrative payments for licensed relative caregivers with placements.
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. 8-544. The department may require all foster care parents, caseworkers, and guardians ad litem to receive trauma-informed training.
Sec. 8-545. From the funds appropriated in part 1 for the child welfare institute, the department shall provide training that is consistent with the practices taught under therapeutic crisis intervention training to all department employees responsible for the investigation of complaints and licensing determinations for child caring institutions and shall offer trauma support directly to all department child welfare caseworkers to help deal with the effects of secondary trauma.
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 $55.20 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 reports on expenditures to the department to identify actual costs of providing foster care services.
(4) From the funds appropriated in part 1, the department shall maintain rates that are no less than the rates in place on March 20, 2020 provided to each private provider of residential services.
Sec. 8-547. (1) From the funds appropriated in part 1 for the guardianship assistance program, the department shall pay a minimum rate that is not less than the approved age-appropriate payment rates for youth placed in family foster care.
(2) The department shall report on an annual basis to the state budget office, the senate and house appropriations subcommittees on the department budget, the senate and house fiscal agencies, and the senate and house policy offices on the number of children enrolled in the guardianship assistance and foster care - children with serious emotional disturbance waiver programs.
Sec. 8-550. (1) The department shall not offset against reimbursement payments to counties or seek reimbursement from counties for charges that were received by the department more than 12 months before the department seeks to offset against reimbursement. A county shall not request reimbursement for and reimbursement payments shall not be paid for a charge that is more than 12 months after the date of service or original status determination when initially submitted by the county.
(2) All service providers shall submit a request for payment within 12 months after the date of service. Any request for payment submitted 12 months or more after the date of service requires the provider to submit an exception request to the county or the department for approval or denial.
(3) The county is not subject to any offset, chargeback, or reimbursement liability for prior expenditures resulting from an error in foster care fund source determinations.
Sec. 8-551. The department shall respond to counties within 30 days regarding any request for a clarification requested through the department's child care fund management unit email address.
Sec. 8-552. Sixty days after a county's child care fund on-site review is completed, including the receipt of all requested documentation from the county, the department shall provide the results of the review to the county. The department shall not evaluate the relevancy, quality, effectiveness, efficiency, or impact of the services provided to youth of the county's child care fund programs in the review. Pursuant to state law, the department shall not release the results of the review to a third-party without the permission of the county being reviewed.
Sec. 8-554. From the funds appropriated in part 1 for foster care payments, the department shall allocate $50,000.00 to a nonprofit organization 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, that currently has locations in 3 cities and operates on a 100% volunteer basis with a board of directors consisting of up to 15 members, and are a dedicated community of individuals that give their time, talent, and resources to provide the best quality shopping environment they can to local children in need and provide clothing, shoes, toys, linens, nursery furniture, strollers, car seats, school supplies, hygiene products, and safety equipment to local foster children and their families free of charge.
Sec. 8-556. From the funds appropriated in part 1 for child welfare licensing, the department shall work to develop and implement a simpler and more streamlined process for the annual renewal of the license for family foster care homes, and shall explore the development of a simpler and more efficient version of the application form for renewal of the license for family foster care homes.
Sec. 8-557. If a vehicle that is owned by the state is available and not scheduled for use by other state workers, the department may consider it an allowable use of the vehicle for a child protective services caseworker or a foster care caseworker to drive it to foster home visits or to drive it to their own home if it would be helpful to the worker in conducting their work.
Sec. 8-558. From the funds appropriated in part 1 for child welfare institute, the department shall train private child placing agency staff in the pre-service training requirements for child welfare caseworkers and supervisors. All private child placing agency staff will be provided an opportunity to complete training at their private child placing agency facilities in a virtual format. A hybrid format that includes virtual and in-person instruction will also be available to all private child placing agency staff according to the preference of a given private child placing agency.
Sec. 8-559. (1) From the funds appropriated in part 1 for adoption support services, the department shall allocate $250,000.00 to the Adoptive Family Support Network by December 1 of the current fiscal year to operate and expand its adoptive parent mentor program to provide a listening ear, knowledgeable guidance, and community connections to adoptive parents and children who were adopted in this state or another state.
(2) The Adoptive Family Support Network shall submit to the senate and house appropriations subcommittees on the department budget, the senate and house fiscal agencies, the senate and house policy offices, and the state budget office by March 1 of the current fiscal year a report on the program described in subsection (1), including, but not limited to, the number of cases served and the number of cases in which the program prevented an out-of-home placement.
Sec. 8-562. 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 after receiving a request for eligible reimbursements from a foster parent.
Sec. 8-564. (1) The department shall maintain 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 July 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 September 30 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 after the date of placement or return to the home.
(b) From the total school records, the percentage that transferred within 2 weeks after the date of placement or return to the home.
(c) The implementation steps that have been taken to improve the outcomes for the measures in subdivision (a).
Sec. 8-569. The department shall reimburse private child placing agencies that complete adoptions at the rate according to the date on which the petition for adoption and required support documentation was accepted by the court and not according to the date the court's order placing for adoption was entered.
Sec. 8-570. From the funds appropriated in part 1 for adoption support services, the department shall maintain a $23.00 per diem adoption rate from case acceptance to the date of adoption petition acceptance or for any portion of the first 150 days, whichever occurs sooner, for contracted licensed adoption agencies to provide adoption services for foster youth without an identified adoptive family. This per diem rate is to be separate from the outcome-based reimbursement system and shall not be deducted from the total reimbursement an agency receives for the applicable placement or finalization rate of an adoption.
Sec. 8-574. (1) From the funds appropriated for foster care payments, $1,375,000.00 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 needed by foster families and unlicensed relatives caring for a family member through the child welfare system to accommodate children in foster care.
(2) By July 1 of the current fiscal year, the department shall submit to the house and senate appropriations subcommittees on the department budget, the house and senate fiscal agencies, the house and senate policy offices, and the state budget office a report on the total amount expended in the previous year for grants to private and community-based foster care service providers for home improvements or physical exams as referenced in subsection (1) and the number of grants issued.
Sec. 8-575. From the funds appropriated in part 1 for children's services administration, the department shall allocate $200,000.00 to provide support and coordinated services to the kinship caregiver advisory council. The responsibilities of the council may include all of the following:
(a) Establish a public awareness campaign to educate the public about kinship caregivers and the state's efforts to better serve kinship caregivers.
(b) Consult and coordinate with the kinship caregiver navigator program to collect aggregate data on individuals being served by the kinship caregiver navigator program, including information on what services these individuals need.
(c) Consult and collaborate with the provider of the kinship caregiver navigator program on the design and administration of that program.
(d) Establish, maintain, and update a list of local support groups and programs that provide services to kinship families. Devise a plan of action for engaging with the groups and programs on the list in order to obtain a better understanding of the issues facing kinship families.
(e) Develop methods to promote and improve collaboration between state, county, and local governments and agencies, and private stakeholders to obtain a broad understanding of the characteristics and prevalence of kinship caregiving, to improve service delivery, and to include these in the council's recommendations.
Sec. 8-580. (1) From the funds appropriated in part 1 for child legal representation, the department shall allocate $500,000.00 to implement 2 pilot projects to improve the quality of legal representation for children and parents in child protective hearings. The pilot projects must emphasize the reduction of caseloads for lawyer-guardians ad litem, more frequent engagement between the child and the families and the lawyer-guardians ad litem, timely permanency and the expedition of legal milestones in cases, and elevated training requirements and increased compensation for lawyer-guardians ad litem.
(2) From the funding allocated in subsection (1), the department shall allocate $350,000.00 for a child legal representation pilot project in the circuit court of a county with a population between 602,000 and 603,000 according to the 2010 federal decennial census and allocate $150,000.00 for a child legal representation pilot project in the circuit court of a county with a population between 107,770 and 108,770 according to the 2010 federal decennial census.
Sec. 8-581. From the funds appropriated in part 1 for foster care payments, the department shall allocate $50,000.00 for caseworkers to provide immediate assistance with urgent needs such as food, clothing, etc., for children upon removal from their home or other dangerous environment, including children who are victims of human trafficking.
Sec. 8-583. By July 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 all of the following:
(a) The number and percentage of foster parents that dropped out of the program in the previous fiscal year, the reasons the foster parents left the program, and how those figures compare to prior fiscal years.
(b) The number and percentage of foster parents successfully retained in the previous fiscal year and how those figures compare to prior fiscal years.
Sec. 8-585. The department shall make available at least 1 pre-service training class each month in which new caseworkers for private foster care and adoption agencies can enroll.
Sec. 8-588. Concurrently with public release, the department shall transmit all reports from the court-appointed settlement monitor, including, but not limited to, the needs assessment and period outcome reporting, to the state budget office, the senate and house appropriations subcommittees on the department budget, and the senate and house fiscal agencies and policy offices, without revision.
Sec. 8-589. (1) From the funds appropriated in part 1 for child care fund, the department shall pay 100% of the administrative rate for all new cases referred to providers of foster care services.
(2) On a quarterly basis, the department shall report on the monthly number of all foster care cases administered by the department and all foster care cases administered by private providers.
Sec. 8-592. The department shall submit an annual report to the chairs of the house and senate standing oversight committees, 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 that includes data from children's protective services staff for each of the following for the most recent 30-day period before the report is submitted:
(a) The percent of investigations commenced within 24 hours after receiving a report.
(b) The percent of central registry reviews performed for required individuals.
(c) The percent of face-to-face contacts made within the established timeframe required by the department.
(d) In appropriate cases, the percent of sibling placement evaluations completed when 1 or more children remain in the home after a child has been removed.
(e) The percent of supervisory reviews performed in a timely manner.
(f) The results of a department survey of child protective services investigators on the number of investigators who are concerned for his or her own personal safety.
(g) The percent of investigators using the mobile application or other tool to document compliance.
Sec. 8-593. (1) The department shall conduct an annual review in each county to determine if the county has adopted and implemented standard child abuse and child neglect investigation and interview protocols as required in section 8(6) of the child protection law, 1975 PA 238, MCL 722.628.
(2) By March 1 of the current fiscal year, the department shall submit an annual report to the chairs of the house and senate standing oversight committees, the governor's task force on child abuse and neglect, 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 findings of each county's review described in subsection (1).
Sec. 8-594. From the funds appropriated in part 1 for foster care payments, the department shall support regional resource teams to provide for the recruitment, retention, and training of foster and adoptive parents and shall expand the Michigan youth opportunities initiative to all Michigan counties. The purpose of this funding is to increase the number of annual inquiries from prospective foster parents, increase the number of nonrelative foster homes that achieve licensure each year, increase the annual retention rate of nonrelative foster homes, reduce the number of older foster youth placed outside of family settings, and provide older youth with enhanced support in transitioning to adulthood.
Sec. 8-598. Partial child care fund reimbursements to counties for undisputed charges shall be made within 45 business days after the receipt of the required forms and documentation. The department shall commence activity to investigate and resolve disputed reimbursement requests up to and including use of formal appeal process, pursuant to statute and department chargeback policy.
PUBLIC ASSISTANCE
Sec. 8-601. Whenever a client agrees to the release of his or her name and address to the local housing authority, the department shall request from the local housing authority information regarding whether the housing unit for which vendoring has been requested meets applicable local housing codes. Vendoring shall be terminated for those units that the local authority indicates in writing do not meet local housing codes until 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) From the funds appropriated in part 1 for state disability assistance payments, 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 who meet 1 or more of the following requirements:
(a) Is a recipient of supplemental security income, social security, or medical assistance due to disability or 65 years of age or older.
(b) Is an individual 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) Is a resident of an adult foster care facility, a home for the aged, a county infirmary, or a substance use disorder treatment center.
(d) Is an individual receiving 30-day postresidential substance use disorder treatment.
(e) Is an individual diagnosed as having acquired immunodeficiency syndrome.
(f) Is an individual receiving special education services through a local intermediate school district.
(g) Is a caretaker of a disabled individual 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 do both of the following:
(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 an individual described in subsection (1)(c) or (d), an individual 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 200 authorized. To the extent permitted by federal law, adult foster care facilities and homes for the aged serving residents receiving supplemental security income are not 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 all of the following:
(a) The maximum allowable reimbursement for the final disposition is $840.00.
(b) The adult burial with services allowance is $765.00.
(c) The adult burial without services allowance is $530.00.
(d) The infant burial allowance is $210.00.
(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.
(3) The department shall report to the senate and house of representatives appropriations subcommittees on the department budget, the senate and house fiscal agencies, the senate and house policy offices, and the state budget office by January 31 of the current fiscal year on burial services payments issued from the state emergency relief program during the previous fiscal year. The report shall include the number of payments by burial services category for the following:
(a) Fetus or infant under age 1 month.
(b) Burial with memorial service.
(c) Burial without memorial service.
(d) Cremation with memorial service.
(e) Cremation without memorial service.
(f) Transportation of a donated or unclaimed body being cremated.
(g) Cremation permit fee for an unclaimed body.
(h) Disposition of an unclaimed body.
(i) Payment where an irrevocable funeral agreement exists.
Sec. 8-614. The department shall report to the senate and house of representatives appropriations subcommittees on the department budget, the senate and house fiscal agencies, and the senate and house policy offices by January 15 of the current fiscal year on the number and percentage of state disability assistance recipients who were determined to be eligible for federal supplemental security income benefits in the previous fiscal year.
Sec. 8-615. Except as required by federal law or regulations, funds appropriated in part 1 shall not be used to provide public assistance to a person who is not a United States citizen, permanent resident alien, or refugee. This section does 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 July 1 of the current fiscal year, the department shall report to the senate and house appropriations subcommittees on the department budget, the senate and house fiscal agencies, the senate and house policy offices, and the state budget office the quarterly number of supervised individuals who have absconded from supervision and whom a law enforcement agency, the department of corrections, or the department is actively seeking according to section 84 of the corrections code of 1953, 1953 PA 232, MCL 791.284.
Sec. 8-619. 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 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.
Sec. 8-620. (1) The department shall make a determination of Medicaid eligibility not later than 90 days after completion of a Medicaid application 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 after application.
(2) The department shall provide an annual report 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 by each of the four preceding quarters.
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 program benefits, an individual who is the victim of domestic violence or Human Trafficking 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. 8-669. From the funds appropriated in part 1 for family independence program, the department shall allocate $7,230,000.00 for the annual clothing allowance. The allowance shall be granted to all eligible children in a family independence program group.
Sec. 8-672. (1) The department's office of inspector general shall report to the senate and house of representatives appropriations subcommittees on the department budget, the senate and house fiscal agencies, and the senate and house policy offices by February 15 of the current fiscal year on department efforts to reduce inappropriate use of Michigan bridge cards and food assistance program trafficking. The department shall provide information on the number of recipients of services who used their Michigan bridge card inappropriately and the current 202 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 also include the number of Michigan bridge card trafficking instances and overall welfare fraud referrals that includes such information as the number of investigations completed, fraud and intentional program violation dollar amounts identified, the number of referrals to prosecutors, the number of administrative hearing referrals and waivers, and the number of program disqualifications imposed. 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) If a fourth Michigan bridge card has been issued in a 12-month period, the department shall notify the household that they have reached the number of issued cards threshold. At their fifth and each subsequent card replacement request, a card will not be issued until the recipient has spoken directly to the local office district manager or county director. The district manager or county director may issue a new Michigan bridge card under their authority based on their assessment of the recipient's situation and explanation.
(3) As used in this section:
(a) "Food assistance trafficking" means the buying and selling of food assistance benefits for cash or items not authorized under the 2008 food and nutrition act, 7 USC 2036b.
(b) "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) The department shall provide an annual report, providing quarterly data, 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 an annual report, providing quarterly data, that include all of the following:
(a) The number and percentage of nonexempt family independence program recipients who are employed.
(b) The average and range of wages of employed family independence program recipients.
(c) The number and percentage of employed family independence program recipients who remain employed for 6 months or more.
Sec. 8-678. From the funds appropriated in part 1 for the family independence program, the department shall establish a monthly $100 supplement for every child aged 5 and younger to families receiving cash assistance.
Sec. 8-686. (1) The department shall confirm that individuals presenting personal identification issued by another state seeking assistance through the family independence program, food assistance program, state disability assistance program, or medical assistance program are not receiving benefits from any other state.
(2) The department shall confirm the address provided by any individual seeking family independence program benefits or state disability assistance benefits.
(3) The department shall prohibit individuals with property assets assessed at a value higher than $200,000.00 from accessing assistance through department-administered programs, unless such a prohibition would violate federal rules and guidelines.
(4) The department shall make a reasonable attempt 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, in quarterly reports, compile and make available on its website all of the following information about the family independence program, state disability assistance, the food assistance program, Medicaid, and state emergency relief:
(a) The number of applications received.
(b) The number of applications approved.
(c) The number of applications denied.
(d) The number of applications pending and neither approved nor denied.
(e) The number of cases opened.
(f) The number of cases closed.
(g) The number of cases at the beginning of the quarter and the number of cases at the end of the quarter.
(2) The information provided under subsection (1) shall be compiled and made available for the state as a whole and for each county and reported separately for each program listed in subsection (1).
(3) The department shall, in quarterly reports, compile and make available on its website the following family independence program information:
(a) The number of new applicants who successfully met the requirements of the 10-day assessment period for PATH.
(b) The number of new applicants who did not meet the requirements of the 10-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 family independence program-sanctioned households.
Sec. 8-688. From the funds appropriated in part 1 for the low-income home energy assistance program, the department shall make an additional $20.01 payment to each food assistance program case that is not currently eligible for the standard utility allowance to enable each case to receive expanded food assistance benefits through the program commonly known as the heat and eat program.
CHILDREN'S SERVICES AGENCY - JUVENILE JUSTICE
Sec. 8-701. Unless required from changes to federal or state law or at the request of a provider, the department shall not alter the terms of any signed contract with a private residential facility serving children under state or court supervision without written consent from a representative of the private residential facility.
Sec. 8-706. Counties shall be subject to 50% chargeback for the use of alternative regional detention services, if those detention services do not fall under the basic provision of section 117e of the social welfare act, 1939 PA 280, MCL 400.117e, or if a county operates those detention services programs primarily with professional rather than volunteer staff.
Sec. 8-707. In order to be reimbursed for child care fund expenditures, counties are required to submit department-developed reports to enable the department to document potential federally claimable expenditures. This requirement is in accordance with the reporting requirements specified in section 117a(12) of the social welfare act, 1939 PA 280, MCL 400.117a.
Sec. 8-708. (1) As a condition of receiving funds appropriated in part 1 for the child care fund line item, by October 15 of the current fiscal year, counties shall have an approved service spending plan for the current fiscal year. Counties must submit the service spending plan for the following fiscal year to the department by August 15 of the current fiscal year for approval. Upon submission of the county service spending plan, the department shall approve within 30 calendar days after receipt of a properly completed service plan that complies with the requirements of the social welfare act, 1939 PA 280, MCL 400.1 to 400.119b. The department shall notify and submit county service spending plan revisions to any county whose county service spending plan is not accepted upon initial submission. The department shall not request any additional revisions to a county service spending plan outside of the requested revision notification submitted to the county by the department. The department shall notify a county within 30 days after approval that its service plan was approved.
(2) Counties must submit amendments to current fiscal year county service plans to the department no later than August 30. Counties must submit current fiscal year payable estimates to the department no later than September 15.
(3) The department shall submit a report to the house and senate appropriations subcommittees on the department budget, the house and senate fiscal agencies, the house and senate policy offices, and the state budget office by February 15 of the current fiscal year on the number of counties that fail to submit a service spending plan by August 15 of the previous fiscal year and the number of service spending plans not approved by October 15. The report shall include the number of county service spending plans that were not approved as first submitted by the counties, as well as the number of plans that were not approved by the department after being resubmitted by the county with the first revisions that were requested by the department.
Sec. 8-709. The department's master contract for juvenile justice residential foster care services shall prohibit contractors from denying a referral for placement of a youth, or terminating a youth's placement, if the youth's assessed treatment needs are in alignment with the facility's residential program type, as identified by the court or the department. In addition, the master contract shall require that youth placed in juvenile justice residential foster care facilities must have regularly scheduled treatment sessions with a licensed psychologist or psychiatrist, or both, and access to the licensed psychologist or psychiatrist as needed.
Sec. 8-715. (1) As a condition of receiving funds appropriated in part 1 for raise the age fund, by deadlines established and advised by the department, counties or tribal entities shall have an approved raise the age fund budget plan for the following fiscal year. Counties must submit the raise the age fund budget plan for the current fiscal year to the department by February 1 of the current fiscal year. The raise the age fund budget plan shall specifically identify the types of costs to be reimbursed, estimated costs for each item, and the total estimated cost to be reimbursed. The types of costs to be reimbursed must comply with the requirements of section 117i of the social welfare act, 1939 PA 280, MCL 400.117i. $500,000.00 of the raise the age fund shall be reserved for tribal entities. If total raise the age fund requests from tribal entities are less than $500,000.00, the funding may be allocated to meet requests from counties. From the funds appropriated in part 1 for raise the age fund, each county and tribal entity eligible for reimbursement shall receive a minimum $10,000.00 allocation from the raise the age fund.
(2) County and tribal entity reimbursement from the raise the age fund is limited to eligible youth and items specifically identified in approved raise the age fund budget plans and shall not exceed the total estimated cost included in the approved raise the age fund budget plan.
(3) Counties and tribal entities must submit amendments to current fiscal year raise the age fund budget plans by deadlines established and advised by the department. Counties must submit current fiscal year payable estimates for raise the age funds to the department by deadlines established and advised by the department.
(4) As used in this section, "eligible youth" includes both of the following:
(a) Pre-adjudication eligible youth: A youth for whom a petition has been filed alleging commission of a status or criminal offense on or after his or her reaching the age of 17, but before reaching the age of 18.
(b) Post-adjudication eligible youth: A youth who has been adjudicated for a status or criminal offense for which a petition was filed alleging commission of a status or criminal offense on or after his or her reaching the age of 17, but before reaching the age of 18.
FIELD OPERATIONS AND SUPPORT SERVICES
Sec. 8-801. (1) The department shall report monthly to the house and senate appropriations subcommittees on the department budget, the house and senate fiscal agencies, the house and senate policy offices, and the state budget office on the most recent food assistance program error rate derived from the active cases, reported to the United States Department of Agriculture -Food and Nutrition Services for the supplemental nutrition assistance program.
(2) By March 1 of the current fiscal year, the department shall report on the progress of the corrective action taken utilizing the funds appropriated for food assistance reinvestment in lowering the food assistance program error rate and improving program payment accuracy.
Sec. 8-802. From the funds appropriated in part 1 for field staff travel, the department shall allocate up to $100,000.00 annually toward reimbursing the out-of-pocket costs of county board members and county department directors to attend statewide meetings of the Michigan County Social Services Association.
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 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, the senate and house policy offices, and the state budget office on the nutrition education program. The report shall include requirements made by the agriculture improvement act of 2018, Public Law 115-334, such as how the department shall use an electronic reporting system to evaluate projects and an accounting of allowable state agency administrative costs. The report shall also include documentation of the steps the department shall take to ensure that projects and subgrantee programs are evidence-based, appropriated for, and meet the criteria for an eligible individual as that term is defined in section 2036a(a) of the food and nutrition act, 7 USC 2036, and quantitative evidence that the programs contribute to a reduction in obesity or an increase in the consumption of healthy foods. Additionally, the report shall include planned allocation and actual expenditures for the supplemental nutrition assistance program education funding, planned and actual grant amounts for the supplemental nutrition assistance program education funding, the total amount of expected carryforward balance at the end of the current fiscal year for the supplemental nutrition assistance program education funding and for each subgrantee program, a list of all supplemental nutrition assistance program education funding programs by implementing agency, and the stated purpose of each of the programs and each of the subgrantee programs.
Sec. 8-809. The purpose of the pathways to potential program is to increase graduation rates and decrease the number of students who repeat grades for schools that are current or future participants in the pathways to potential program. Before any deployment of resources into a participant school, the department and the participant school shall establish performance objectives for each participant school based on a 2-year baseline prior to pathways to potential being established in the participant school and shall evaluate the progress made in the above categories from the established baseline. By March 1 of the current fiscal year, the department shall provide to the senate and house appropriations subcommittees on the department budget, the senate and house fiscal agencies, and the senate and house policy offices a report listing all participant schools, the number of staff assigned to each school by participant school, and the percentage of participating schools that achieved improved performance in each of the 2 outcomes listed above compared to the previous year, by each individual outcome. It is the intent of the legislature that after a 2-year period without attaining an increase in success in meeting the 2 listed outcomes from the established baseline, the department shall work with the participant school to examine the cause of the lack of progress and shall seek to implement a plan to increase success in meeting the identified outcomes. It is the intent of the legislature that progress or the lack of progress made in meeting the performance objectives shall be used as a determinant in future pathways to potential resource allocation decisions.
Sec. 8-825. (1) 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.
(2) By November 30 of the current fiscal year, the department shall provide to the senate and house appropriations subcommittees on the department budget, the senate and house fiscal agencies, and the senate and house policy offices a report detailing the total number of payments for repairs, the number of payments for repairs that exceeded $500.00, the number of payments for repairs that cost exactly $500.00, and the number of payments for repairs that cost exactly $900.00 in the previous fiscal year.
Sec. 8-826. (1) From the funds appropriated in part 1 for field policy and 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 to the department on the efficacy of the contract. The department shall submit the report 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 within 30 days after receipt from the Prosecuting Attorneys Association of Michigan.
Sec. 8-850. (1) The department shall maintain out-stationed eligibility specialists in community-based organizations, community mental health agencies, nursing homes, adult placement and independent living settings, federally qualified health centers, and hospitals unless a community-based organization, community mental health agency, nursing home, adult placement and independent living setting, federally qualified health centers, or hospital requests that the program be discontinued at its facility.
(2) From the funds appropriated in part 1 for donated funds positions, the department shall enter into contracts with agencies that are able and eligible under federal law to provide the required matching funds for federal funding, as determined by federal statute and regulations.
(3) A contract for an assistance payments donated funds position must include, but not be limited to, the following performance metrics:
(a) Meeting a standard of promptness for processing applications for Medicaid and other public assistance programs under state law.
(b) Meeting required standards for error rates in determining programmatic eligibility as determined by the department.
(4) The department shall only fill additional donated funds positions after a new contract has been signed. That position shall also be abolished when the contract expires or is terminated.
(5) The department shall classify as limited-term FTEs any new employees who are hired to fulfill the donated funds position contracts or are hired to fill any vacancies from employees who transferred to a donated funds position.
(6) By March 1 of the current fiscal year, the department shall submit a report to the senate and house appropriations subcommittees on the department budget, the senate and house fiscal agencies and policy offices, and the state budget office detailing information on the donated funds positions, including the total number of occupied positions, the total private contribution of the positions, and the total cost to the state for any nonsalary expenditure for the donated funds position employees.
Sec. 8-851. (1) From the funds appropriated in part 1 for adult services field staff, the department shall seek to reduce the number of older adults who are victims of crime and fraud by increasing the standard of promptness in every county, as measured by commencing an investigation within 24 hours after a report is made to the department, establishing face-to-face contact with the client within 72 hours after a report is made to the department, and completing the investigation within 30 days after a report is made to the department.
(2) The department shall report no later than March 1 of the current fiscal year to the house and senate appropriations subcommittees on the department budget, the house and senate fiscal agencies, and the house and senate policy offices on the services provided to older adults who were victims of crime or fraud in the previous fiscal year. The report shall include, but is not limited to, the following by county: the percentage of investigations commenced within 24 hours after a report is made to the department, the number of face-to-face contacts established with the client within 72 hours after a report is made to the department, the number of investigations completed within 30 days after a report is made to the department, and the total number of older adults that were victims of crime or fraud in the previous fiscal year and were provided services by the department as a result of being victims of crime or fraud.
DISABILITY DETERMINATION SERVICES
Sec. 8-890. From the funds appropriated in part 1 for disability determination services, the department shall maintain the unit rates in effect on September 30, 2019 for medical consultants performing disability determination services, including physicians, psychologists, and speech-language pathologists.
BEHAVIORAL HEALTH PROGRAM ADMINISTRATION AND SPECIAL PROJECTS
Sec. 8-901. The funds appropriated in part 1 are intended to support a system of comprehensive community mental health services under the full authority and responsibility of local CMHSPs or PIHPs in accordance with the mental health code, 1974 PA 258, MCL 330.1001 to 330.2106, the Medicaid provider manual, federal Medicaid waivers, and all other applicable federal and state laws.
Sec. 8-902. (1) From the funds appropriated in part 1, final authorizations to CMHSPs or PIHPs shall be made upon the execution of contracts between the department and CMHSPs or PIHPs. The contracts shall contain an approved plan and budget as well as policies and procedures governing the obligations and responsibilities of both parties to the contracts. Each contract with a CMHSP or PIHP that the department is authorized to enter into under this subsection shall include a provision that the contract is not valid unless the total dollar obligation for all of the contracts between the department and the CMHSPs or PIHPs entered into under this subsection for the current fiscal year does not exceed the amount of money appropriated in part 1 for the contracts authorized under this subsection.
(2) The department shall immediately report to the senate and house appropriations subcommittees on the department budget, the senate and house fiscal agencies, and the state budget director if either of the following occurs:
(a) The department enters into any new contracts with CMHSPs or PIHPs that would affect rates or expenditures.
(b) The department amends any 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 to the contracts 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 in subsection (1) shall contain information for each CMHSP, PIHP, and designated regional entity for substance use disorder prevention and treatment, and a statewide summary, each of which shall include at least the following information:
(a) A demographic description of service recipients that, minimally, shall include reimbursement eligibility, client population, age, ethnicity, housing arrangements, and diagnosis.
(b) Per capita expenditures in total and by client population group and cultural and ethnic groups of the services area, including the deaf and hard of hearing population.
(c) Financial information that, minimally, includes a description of funding authorized; expenditures by diagnosis group, service category, and reimbursement eligibility; and cost information by Medicaid, Healthy Michigan plan, state appropriated non-Medicaid mental health services, local funding, and other fund sources, including administration and funds specified for all outside contracts for services and products. Financial information must include the amount of funding, from each fund source, used to cover clinical services and supports. Service category includes all department-approved services.
(d) Data describing service outcomes that include, but are not limited to, an evaluation of consumer satisfaction, consumer choice, and quality of life concerns including, but not limited to, housing and employment.
(e) Information about access to CMHSPs, PIHPs, and designated regional entities for substance use disorder prevention and treatment that includes, but is not limited to, the following:
(i) The number of people receiving requested services.
(ii) The number of people who requested services but did not receive services.
(f) The number of second opinions requested under the mental health code, 1974 PA 258, MCL 330.1001 to 330.2106, and the determination of any appeals.
(g) Lapses and carryforwards during the previous fiscal year for CMHSPs, PIHPs, and designated regional entities for substance use disorder prevention and treatment.
(h) Performance indicator information required to be submitted to the department in the contracts with CMHSPs, PIHPs, and designated regional entities for substance use disorder prevention and treatment.
(i) Administrative expenditures of each CMHSP, PIHP, and designated regional entity for substance use disorder prevention and treatment that include a breakout of the salary, benefits, and pension of each executive level staff and shall include the director, chief executive, and chief operating officers and other members identified as executive staff.
(3) The report in subsection (1) shall contain the following information from the previous fiscal year on substance use disorder prevention, education, and treatment programs:
(a) The expenditures stratified by department-designated community mental health entity, by fund source, by subcontractor, by population served, and by service type.
(b) The expenditures per state client, with data on the distribution of expenditures reported using a histogram approach.
(c) The number of services provided by subcontractor, and by service type. Additionally, data on length of stay, referral source, and participation in other state programs.
(d) The 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 prevention and treatment.
(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. 8-907. (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 health homes, 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. 8-913. (1) From the funds appropriated in part 1 for behavioral health program administration, the department shall allocate $1,025,000.00 for the autism navigator program. The department shall require any contractor receiving funds under this section to comply with performance-related metrics to maintain eligibility for funding. The performance-related metrics shall include, but not be limited to, all of the following:
(a) Each contractor shall have accreditations that attest to their competency and effectiveness in providing services.
(b) Each contractor shall demonstrate cost-effectiveness.
(c) Each contractor shall ensure their ability to leverage private dollars to strengthen and maximize service provision.
(d) Each contractor shall provide quarterly reports to the department regarding the number of clients served by PIHP region, units of service provision by PIHP region, and ability to meet their stated goals.
(2) The department shall require an annual report from any contractor receiving funding from this section. The annual report, due to the department 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, and the expenditures for those services. The department shall provide the annual reports to the senate and house appropriations subcommittees on the department budget, the senate and house fiscal agencies, and the state budget office.
Sec. 8-914. By June 1 of the current fiscal year, 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 on outcomes of the funds provided in part 1 to the Michigan Child Collaborative Care (MC3). The outcomes reported must include, but is not limited to, the number of same day phone consultations with primary care providers and the number of local resource recommendations made to primary care providers who are providing medical care to patients who need behavioral health services.
Sec. 8-915. From the funds appropriated in part 1 for community substance use disorder prevention, education, and treatment and opioid response activities, the department shall, to the extent possible, provide grants, pursuant to federal laws, rules, and regulations, to local public entities that provide substance use disorder services and to 1 private entity that has a statewide contract to provide community-based substance use disorder services.
Sec. 8-918. On a quarterly basis, providing monthly data, 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. The information shall include the total paid to each PIHP, per capita rate paid for each eligibility group for each PIHP, and number of cases in each eligibility group for each PIHP, and year-to date summary of eligibles and expenditures for the Medicaid managed mental health care program.
Sec. 8-920. As part of the Medicaid rate-setting process for behavioral health services, the department shall work with PIHP network providers and actuaries to include any state and federal wage and compensation increases that directly impact staff who provide Medicaid-funded community living supports, personal care services, respite services, skill-building services, and other similar supports and services as part of the Medicaid rate.
Sec. 8-924. From the funds appropriated in part 1 for autism services, for the purposes of actuarially sound rate certification and approval for Medicaid behavioral health managed care programs, the department shall maintain a fee schedule for autism services reimbursement rates for direct services. Expenditures used for rate setting shall not exceed those identified in the fee schedule. The rates for behavioral technicians shall not be less than $50.00 per hour and not more than $55.00 per hour.
Sec. 8-926. (1) From the funds appropriated in part 1 for community substance use disorder prevention, education, and treatment, $500,000.00 is allocated for a specialized substance use disorder detoxification project administered by a 9-1-1 service district in conjunction with a substance use and case management provider and at a hospital within a 9-1-1 services district with at least 600,000 residents and 15 member communities within a county with a population of at least 1,500,000 according to the 2010 federal decennial census.
(2) The substance use and case management provider receiving funds under this section shall collect and submit to the department data on the outcomes of the project throughout the duration of the project and the department shall submit a report on the project's outcomes to the house and senate appropriations subcommittees on the department budget, the house and senate fiscal agencies, and the state budget office.
Sec. 8-928. Each PIHP shall provide, from internal resources, local funds to be used as a part of the state match required under the Medicaid program in order to increase capitation rates for PIHPs. These funds shall not include either state funds received by a CMHSP for services provided to non-Medicaid recipients or the state matching portion of the Medicaid capitation payments made to a PIHP.
Sec. 8-935. A county required under the provisions of the mental health code, 1974 PA 258, MCL 330.1001 to 330.2106, to provide matching funds to a CMHSP for mental health services rendered to residents in its jurisdiction shall pay the matching funds in equal installments on not less than a quarterly basis throughout the fiscal year, with the first payment being made by October 1 of the current fiscal year.
Sec. 8-940. (1) According to section 236 of the mental health code, 1974 PA 258, MCL 330.1236, the department shall review expenditures for each CMHSP to identify CMHSPs with projected allocation surpluses and to identify CMHSPs with projected allocation shortfalls. The department shall encourage the board of a CMHSP with a projected allocation surplus to concur with the department's recommendation to reallocate those funds to CMHSPs with projected allocation shortfalls.
(2) A CMHSP that has its funding allocation transferred out during the current fiscal year as described in subsection (1) is not eligible for any additional funding reallocations during the remainder of the current fiscal year, unless that CMHSP is responding to a public health emergency as determined by the department.
(3) CMHSPs shall report to the department on any proposed reallocations described in this section at least 30 days before any reallocations take effect.
(4) The department shall notify the chairs of the appropriation subcommittees on the department budget when a request is made and when the department grants approval for reallocation as described in subsection (1). By September 30 of the current fiscal year, the department shall provide a report on the amount of funding reallocated to the senate and house appropriations subcommittees on the department budget, the senate and house fiscal agencies, the senate and house policy offices, and the state budget office.
Sec. 8-942. A CMHSP shall provide at least 30 days' notice before reducing, terminating, or suspending services provided by a CMHSP to CMHSP clients, with the exception of services authorized by a physician that no longer meet established criteria for medical necessity.
Sec. 8-962. For the purposes of special projects involving high-need children or adults, including the not guilty by reason of insanity population, the department may contract directly with providers of services to these identified populations.
Sec. 8-964. By October 1 of the current fiscal year, the department shall provide the house and senate appropriations subcommittees on the department budget, the house and senate fiscal agencies, the house and senate policy offices, and the state budget office with the standardized fee schedule for Medicaid behavioral health services and supports. The report shall also include the adequacy standards to be used in all contracts with PIHPs and CMHSPs. In the development of the standardized fee schedule for Medicaid behavioral health services and supports during the current fiscal year, the department must prioritize and support essential service providers and must develop a standardized fee schedule for revenue code 0204.
Sec. 8-974. The department and PIHPs shall allow an individual with an intellectual or developmental disability who receives supports and services from a CMHSP to instead receive supports and services from another provider if the individual shows that he or she is eligible and qualified to receive supports and services from another provider. Other providers may include, but are not limited to, MIChoice and program of all-inclusive care for the elderly (PACE).
Sec. 8-977. From the funds appropriated in part 1 for community substance use disorder prevention, education, and treatment, $600,000.00 is allocated as grants to high schools specifically designated for students recovering from a substance use disorder in accordance with section 273a of the mental health code, 1974 PA 258, MCL 330.1273a.
Sec. 8-978. From the funds appropriated in part 1 for community substance use disorder prevention, education, and treatment, the department shall allocate $1,200,000.00 as grants for recovery community organizations to offer or expand recovery support center services or recovery community center services to individuals seeking long-term recovery from substance use disorders in accordance with section 273b of the mental health code, 1974 PA 258, MCL 330.1273b.
Sec. 8-995. (1) From the funds appropriated in part 1 for mental health diversion council, the department shall allocate $3,850,000.00 to continue to implement the jail diversion pilot programs intended to address the recommendations of the mental health diversion council.
(2) By April 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 senate and house policy offices on the planned allocation of the funds appropriated for mental health diversion council.
Sec. 8-996. From the funds appropriated in part 1 for family support subsidy, the department shall make monthly payments of $229.31 to the parents or legal guardians of children approved for the family support subsidy by a CMHSP.
Sec. 8-997. The population data used in determining the distribution of substance use disorder block grant funds shall be from the most recent federal data from the United States Census Bureau.
Sec. 8-998. For distribution of state general funds to CMHSPs, if the department decides to use census data, the department shall use the most recent federal data from the United States Census Bureau.
Sec. 8-999. Within 30 days after the completion of a statewide PIHP reimbursement audit, the department shall provide the audit report to the house and senate appropriations subcommittees on the department budget, the house and senate fiscal agencies, the house and senate policy offices, and the state budget office.
BEHAVIORAL HEALTH SERVICES
Sec. 8-1001. By December 31 of the current fiscal year, each CMHSP shall submit a report to the department that identifies populations being served by the CMHSP broken down by program eligibility category. The report shall also include the percentage of the operational budget that is related to program eligibility enrollment. By February 15 of the current fiscal year, the department shall submit the report described in this section to the senate and house appropriations subcommittees on the department budget, the senate and house fiscal agencies, the senate and house policy offices, and the state budget office.
Sec. 8-1003. The department shall notify the Community Mental Health Association of Michigan when developing policies and procedures that will impact PIHPs or CMHSPs.
Sec. 8-1004. The department shall provide the senate and house appropriations subcommittees on the department budget, the senate and house fiscal agencies, and the state budget office any rebased formula changes to either Medicaid behavioral health services or non-Medicaid mental health services 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. (1) From the funds appropriated in part 1 for health homes, the department shall maintain the number of behavioral health homes in PIHP regions 1, 2, and 8 and maintain the number of substance use disorder health homes in PIHP regions 1, 2, 4, and 9. The department may expand the number of behavioral health homes in regions 6 and 7 and the number of substance use disorder health homes in regions 6, 7, and 10.
(2) On a quarterly basis, the department shall provide a report to the house and senate appropriation 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 individuals being served and expenditures incurred by each PIHP region by site.
Sec. 8-1008. PIHPs and CMHSPs shall do all of the following:
(a) Work to reduce administration costs by ensuring that PIHP and CMHSP responsible functions are efficient in allowing optimal transition of dollars to those direct services considered most effective in assisting individuals served. Any consolidation of administrative functions must demonstrate, by independent analysis, a reduction in dollars spent on administration resulting in greater dollars spent on direct services. Savings resulting from increased efficiencies shall not be applied to PIHP and CMHSP net assets, internal service fund increases, building costs, increases in the number of PIHP and CMHSP personnel, or other areas not directly related to the delivery of improved services.
(b) Take an active role in managing mental health care by ensuring consistent and high-quality service delivery throughout its network and promote a conflict-free care management environment.
(c) Ensure that direct service rate variances are related to the level of need or other quantifiable measures to ensure that the most money possible reaches direct services.
(d) Whenever possible, promote fair and adequate direct care reimbursement, including fair wages for direct service workers.
Sec. 8-1010. (1) The funds appropriated in part 1 for behavioral health community supports and services must be used to reduce waiting lists at state-operated hospitals and centers through cost-effective community-based and residential services, including, but not limited to, assertive community treatment (ACT), forensic assertive community treatment (FACT), crisis stabilization units in accordance with chapter 9A of the mental health code, 1974 PA 258, MCL 330.1971 to 330.1979, and psychiatric residential treatment facilities in accordance with section 137a of the mental health code, 1974 PA 258, MCL 330.1137a.
(2) The department shall allocate $30,450,000 to contract with private providers for intensive psychiatric treatment outside of state operated beds and support efforts related to the oversight of community-based programs placement.
Sec. 8-1014. (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). This state is not liable for any spending above the contract amount. The department shall not release funds until reporting requirements under section 1014 of article 6 of 2021 PA 87 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 performance-related 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 the department budget, the senate and house fiscal agencies, and the state budget office.
Sec. 1015. From the funds appropriated in part 1 for federal mental health block grant, the department shall, to the extent possible, provide grants, pursuant to federal laws, rules, and regulations, to local public entities that provide mental health services and to 1 private entity that has a statewide contract to provide community-based mental health services.
STATE PSYCHIATRIC HOSPITALS AND FORENSIC MENTAL HEALTH SERVICES
Sec. 8-1051. The department shall continue a revenue recapture project to generate additional revenues from third parties related to cases that have been closed or are inactive. A portion of revenues collected through project efforts may be used for departmental costs and contractual fees associated with these retroactive collections and to improve ongoing departmental reimbursement management functions.
Sec. 8-1052. The purpose of gifts and bequests for patient living and treatment environments is to use additional private funds to provide specific enhancements for individuals residing at state-operated facilities. Use of the gifts and bequests shall be consistent with the stipulation of the donor. The expected completion date for the use of gifts and bequests donations is within 3 years unless otherwise stipulated by the donor.
Sec. 8-1055. (1) The department shall not implement any closures or consolidations of state hospitals, centers, or agencies until CMHSPs or PIHPs have programs and services in place for those individuals currently in those facilities and a plan for service provision for those individuals who would have been admitted to those facilities.
(2) All closures or consolidations are dependent upon adequate department-approved CMHSP and PIHP plans that include a discharge and aftercare plan for each individual currently in the facility. A discharge and aftercare plan shall address the individual's housing needs. A homeless shelter or similar temporary shelter arrangements are inadequate to meet the individual's housing needs.
(3) Four months after the certification of closure required in section 19(6) of the state employees' retirement act, 1943 PA 240, MCL 38.19, the department shall provide a closure plan to the house and senate appropriations subcommittees on the department budget and the state budget director.
(4) Upon the closure of state-run operations and after transitional costs have been paid, the remaining balances of funds appropriated for that operation shall be transferred to CMHSPs or PIHPs responsible for providing services for individuals previously served by the operations.
Sec. 8-1056. The department may collect revenue for patient reimbursement from first- and third-party payers, including Medicaid and local county CMHSP payers, to cover the cost of placement in state hospitals and centers. The department is authorized to adjust financing sources for patient reimbursement based on actual revenues earned. If the revenue collected exceeds current year expenditures, the revenue may be carried forward with approval of the state budget director. The revenue carried forward shall be used as a first source of funds in the subsequent year.
Sec. 8-1058. Effective October 1 of the current fiscal year, the department, in consultation with the department of technology, management, and budget, may maintain a bid process to identify 1 or more private contractors to provide food service and custodial services for the administrative areas at any state hospital identified by the department as capable of generating savings through the outsourcing of such services.
Sec. 8-1059. (1) The department shall identify specific outcomes and performance measures for state-operated hospitals and centers, including, but not limited to, the following:
(a) The average wait time for individuals determined incompetent to stand trial before admission to the center for forensic psychiatry.
(b) The average wait time for individuals determined incompetent to stand trial before admission to other state-operated psychiatric facilities.
(c) The average number of individuals waiting to receive admission into the center for forensic psychiatry.
(d) The average number of individuals waiting to receive admission into the other state-operated hospitals and centers.
(e) The average wait time for individuals awaiting admission into the other state-operated hospitals and centers through the civil admissions process.
(f) The number of individuals determined not guilty by reason of insanity or incompetent to stand trial by an order of a probate court that have been determined to be ready for discharge to the community, and the average wait time between being determined to be ready for discharge to the community and actual community placement.
(g) The number of individuals denied admission into the center for forensic psychiatry.
(h) The number of individuals denied admission into the other state-operated hospitals and centers.
(2) By April 1 of the current fiscal year, the department shall report to the house and senate appropriations subcommittees on the department budget, the house and senate fiscal agencies, the house and senate policy offices, and the state budget office on the outcomes and performance measures in subsection (1).
Sec. 8-1060. By March 1 of the current fiscal year, the department shall provide a report on mandatory overtime, staff turnover, and staff retention at the state psychiatric hospitals and centers to the senate and house appropriations subcommittees on the department budget, the senate and house fiscal agencies, and the state budget office. The report shall include, but is not limited to, the following:
(a) The number of direct care and clinical staff positions that are currently vacant by hospital, and how that compares to the number of vacancies during the previous fiscal year.
(b) A breakdown of voluntary and mandatory overtime hours worked by position and by hospital, and how that compares to the breakdown of voluntary and mandatory overtime hours during the previous fiscal year.
(c) The ranges of wages paid by position and by hospital, and how that compares to wages paid during the previous fiscal year.
Sec. 8-1061. The funds appropriated in part 1 for Caro Regional Mental Health Center shall only be utilized to support a psychiatric hospital located at its current location. Capital outlay funding shall be utilized for planning and construction of a new or updated facility at the current location instead of at a new location.
Sec. 8-1063. (1) From the funds appropriated in part 1 for Hawthorn Center - psychiatric hospital - children and adolescents, the department shall maintain a psychiatric transitional unit and children's transition support team. These programs shall 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 these programs 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) The measured change in the Child and Adolescent Functional Assessment Scale for children served through these programs.
Sec. 8-1065. From the funds appropriated in part 1 for the center for forensic psychiatry, the department shall allocate $11,500,000 to support staffing and other costs related to the operations of the new units located at the center for forensic psychiatry satellite facility.
HEALTH AND HUMAN SERVICES POLICY AND INITIATIVES
Sec. 8-1140. From the funds appropriated in part 1 for primary care services, $400,000.00 shall be allocated to free health clinics operating in the state. The department shall distribute the funds equally to each free health clinic. For the purpose of this appropriation, "free health clinics" means nonprofit organizations that use volunteer health professionals to provide care to uninsured individuals.
Sec. 8-1142. The department shall continue to seek means to increase retention of Michigan medical school students for completion of their primary care residency requirements within this state and ultimately, for some period of time, to remain in this state and serve as primary care physicians. The department is encouraged to work with Michigan institutions of higher education.
Sec. 8-1143. From the funds appropriated in part 1 for primary care services, the department shall allocate no less than $675,000.00 for island primary health care access and services including island clinics, in the following amounts:
(a) Beaver Island, $250,000.00.
(b) Mackinac Island, $250,000.00.
(c) Drummond Island, $150,000.00.
(d) Bois Blanc Island, $25,000.00.
Sec. 8-1145. The department will take steps necessary to work with Indian Health Service, tribal health program facilities, or Urban Indian Health Program facilities that provide services under a contract with a Medicaid managed care entity to ensure that those facilities receive the maximum amount allowable under federal law for Medicaid services.
Sec. 8-1146. From the funds appropriated in part 1 for bone marrow donor and blood bank programs, $250,000.00 shall be allocated to Versiti Blood Center, the partner of the match registry of the national marrow donor program. The funds shall be used to offset ongoing tissue typing expenses associated with donor recruitment and collection services and to expand those services to better serve the citizens of this state.
Sec. 8-1147. From the funds appropriated in part 1 for bone marrow donor and blood bank programs, $500,000.00 shall be allocated to Versiti Blood Center for a cord blood bank. The funds shall be used to enhance the collection of fetal umbilical cord blood and stem cells for transplant, expand cord blood laboratory capabilities, and expand the diversity of collections.
EPIDEMIOLOGY, EMERGENCY MEDICAL SERVICES, AND LABORATORY
Sec. 8-1180. From the funds appropriated in part 1 for epidemiology administration and for childhood lead program, the department shall maintain a public health drinking water unit and maintain enhanced efforts to monitor child blood lead levels. The public health drinking water unit shall ensure that appropriate investigations of potential health hazards occur for all community and noncommunity drinking water supplies where chemical exceedances of action levels, health advisory levels, or maximum contaminant limits are identified. The goals of the childhood lead program shall include improving the identification of affected children, the timeliness of case follow-up, and attainment of nurse care management for children with lead exposure, and to achieve a long-term reduction in the percentage of children in this state with elevated blood lead levels.
Sec. 8-1181. From the funds appropriated in part 1 for epidemiology administration, the department shall maintain a vapor intrusion response unit. The vapor intrusion response unit shall assess risks to public health at vapor intrusion sites and respond to vapor intrusion risks where appropriate. The goals of the vapor intrusion response unit shall include reducing the number of residents of this state exposed to toxic substances through vapor intrusion and improving health outcomes for individuals that are identified as having been exposed to vapor intrusion.
Sec. 8-1182. (1) From the funds appropriated in part 1 for healthy homes program, no less than $6,898,000.00 of general fund/general purpose funds and $18,652,000.00 of federal funds shall be allocated for lead abatement of homes.
(2) By April 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, the expenditures by category of expenditure and by subcontractor, the revenues received, a description of program elements, the number of housing units abated of lead-based paint hazards, and a description of program accomplishments and progress.
Sec. 8-1185. From the funds appropriated in part 1 for emergency medical services program, $25,000.00 is allocated for a grant to fund a free family emergency readiness public expo event held in a county with a population between 180,000 and 181,000 according to the 2010 federal decennial census. The purpose of the event shall be to educate local residents about preparedness in an emergency, disaster, or crisis including planning, assessing specific personal and household needs, and skills to cope, survive, recover, and prevail.
Sec. 8-1186. (1) From the funds appropriated in part 1 for emergency medical services program, the department shall allocate $3,000,000.00 to establish a statewide stroke and STEMI system of care for time-sensitive emergencies. This system must be integrated into the statewide trauma care system within the emergency medical services system and must include at least all of the following:
(a) The designation of facilities as stroke and STEMI facilities based on a verification that national certification or accreditation standards, as approved by the stroke advisory subcommittee and the STEMI advisory subcommittee as established under section 20910(1)(m) of the public health code, 1978 PA 368, MCL 333.20910, have been met.
(b) A requirement that a hospital is not required to be designated as providing certain levels of care for stroke or STEMI.
(c) The development and utilization of stroke and STEMI registries that utilize nationally recognized data platforms with confidentiality standards, as approved by the stroke advisory subcommittee and the STEMI advisory subcommittee as established under section 20910(1)(m) of the public health code, 1978 PA 368, MCL 333.20910.
(2) For the purposes of this section, "STEMI" means an ST-elevation myocardial infarction.
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 the 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 that arrangement after October 1 of the current fiscal year, the department may assess a penalty from the local health department's operational accounts in an amount equal to no more than 6.25% of the local health department's essential local public health services funding. This penalty shall only be assessed to the local county that requests the dissolution of the health department.
Sec. 8-1222. (1) Funds appropriated in part 1 for essential local public health services shall be prospectively allocated to local health departments to support immunizations, infectious disease control, sexually transmitted disease control and prevention, hearing screening, vision services, food protection, public water supply, private groundwater supply, and on-site sewage management. Food protection shall be provided in consultation with the department of agriculture and rural development. Public water supply, private groundwater supply, and on-site sewage management shall be provided in consultation with the department of environment, Great Lakes, and energy.
(2) Local public health departments shall be held to contractual standards for the services in subsection (1).
(3) Distributions in subsection (1) shall be made only to counties that maintain local spending in the current fiscal year of at least the amount expended in fiscal year 1992-1993 for the services described in subsection (1).
(4) By February 1 of the current fiscal year, the department shall provide a report to the house and senate appropriations subcommittees on the department budget, the house and senate fiscal agencies, and the state budget director on the planned allocation of the funds appropriated for essential local public health services.
(5) The department shall continue implementation of the distribution formula for the allocation of essential local public health services funding to local health departments as specified by section 1234 of article X of 2018 PA 207.
(6) From the funds appropriated in part 1 for essential local public health services, each local public health department is allocated not less than the amount allocated to that local public health department during the previous fiscal year.
Sec. 8-1225. 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. 8-1227. The department shall establish criteria for all funds allocated for health and wellness initiatives. The criteria must include a requirement that all programs funded be evidence-based and supported by research, include interventions that have been shown to demonstrate outcomes that lower cost and improve quality, and be designed for statewide impact. Preference must be given to programs that utilize the funding as match for additional resources, including, but not limited to, federal sources.
Sec. 8-1231. (1) From the funds appropriated for local health services, up to $4,750,000.00 shall be allocated for grants to local public health departments to support PFAS response and emerging public health threat activities. A portion of the funding shall be allocated by the department in a collaborative fashion with local public health departments in jurisdictions experiencing PFAS contamination. The remainder of the funding shall be allocated to address infectious and vector-borne disease threats, and other environmental contamination issues such as vapor intrusion, drinking water contamination, and lead exposure. The funding shall be allocated to address issues including, but not limited to, staffing, planning and response, and creation and dissemination of materials related to PFAS contamination issues and other emerging public health issues and threats.
(2) By April 1 of the current fiscal year, the department shall provide a report to the house and senate appropriations subcommittees on the department budget, the house and senate fiscal agencies, and the state budget office on actual expenditures in the previous fiscal year and planned spending in the current fiscal year of the funds described in subsection (1), including recipient entities, amount of allocation, general category of allocation, and detailed uses.
Sec. 8-1232. The department may work to ensure that the United States Department of Defense reimburses the state for costs associated with PFAS and environmental contamination response at military training sites and support facilities.
Sec. 8-1233. General fund and state restricted fund appropriations in part 1 shall not be expended for PFAS and environmental contamination response where federal funding or private grant funding is available for the same expenditures.
Sec. 8-1239. The department shall participate in and give necessary assistance to the Michigan PFAS action response team (MPART) pursuant to Executive Order No. 2019-03. The department shall collaborate with MPART and other departments to carry out appropriate activities, actions, and recommendations as coordinated by MPART. Efforts shall be continuous to ensure that the department's activities are not duplicative with activities of another department or agency.
Sec. 8-1240. From the funds appropriated in part 1 for chronic disease control and health promotion administration, $70,000.00 is allocated to support a rare disease advisory council and responsibilities of the council, which may include all of the following:
(a) Developing a list of rare diseases.
(b) Posting the list of rare diseases on the department's website.
(c) Updating the list of rare diseases.
(d) Annually investigating and reporting to the legislature on 1 rare disease on the list, and including legislative recommendations in the report.
FAMILY HEALTH SERVICES
Sec. 8-1301. (1) Before April 1 of the current fiscal year, the department shall submit a report to the house and senate fiscal agencies and the state budget director on planned allocations from the amounts appropriated in part 1 for local MCH services, prenatal care outreach and service delivery support, family planning local agreements, and pregnancy prevention programs. Using applicable federal definitions, the report shall include information on all of the following:
(a) Funding allocations.
(b) Actual number of women, children, and adolescents served and amounts expended for each group for the previous 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) As used in this section, "rural" means a county, city, village, or township with a population of 30,000 or less, including those entities if located within a metropolitan statistical area.
Sec. 8-1306. (1) From the funds appropriated in part 1 for the drinking water declaration of emergency, the department shall allocate funds to address needs in a city in which a declaration of emergency was issued because of drinking water contamination. These funds may support, but are not limited to, the following activities:
(a) Nutrition assistance, nutritional and community education, food bank resources, and food inspections.
(b) Epidemiological analysis and case management of individuals at risk of elevated blood lead levels.
(c) Support for child and adolescent health centers, children's healthcare access program, and pathways to potential programming.
(d) Nursing services, breastfeeding education, evidence-based home visiting programs, intensive services, and outreach for children exposed to lead coordinated through local community mental health organizations.
(e) Department field operations costs.
(f) Lead poisoning surveillance, investigations, treatment, and abatement.
(g) Nutritional incentives provided to local residents through the double up food bucks expansion program.
(h) Genesee County health department food inspectors to perform water testing at local food service establishments.
(i) Transportation related to health care delivery.
(j) Senior initiatives.
(k) Lead abatement contractor workforce development.
(2) From the funds appropriated in part 1 for the drinking water declaration of emergency, the department shall allocate $300,000.00 for Revive Community Health Center for health support services as the center pursues certification as a federally qualified health center.
(3) From the funds appropriated in part 1 for the drinking water declaration of emergency, the department shall allocate $500,000.00 for rides to wellness through the Flint mass transportation authority.
Sec. 8-1308. From the funds appropriated in part 1 for prenatal care outreach and service delivery support, not less than $500,000.00 of funding shall be allocated for evidence-based programs to reduce infant mortality including nurse family partnership programs. The funds shall be used for enhanced support and education to nursing teams or other teams of qualified health professionals, client recruitment in areas designated as underserved for obstetrical and gynecological services and other high-need communities, strategic planning to expand and sustain programs, and marketing and communications of programs to raise awareness, engage stakeholders, and recruit nurses.
Sec. 8-1311. From the funds appropriated in part 1 for prenatal care outreach and service delivery support, not less than $2,750,000.00 state general fund/general purpose funds shall be allocated for a rural home visit program. Equal consideration shall be given to all eligible evidence-based providers in all regions in contracting for rural home visitation services.
Sec. 8-1312. From the funds appropriated in part 1 for prenatal care and premature birth avoidance grant, the department shall allocate $1,000,000.00 as a grant to help fulfill contract obligations between the department and a federal Healthy Start Program located in a county with a population between 600,000 and 610,000 according to the 2010 federal decennial census. To be eligible to receive funding, the organization must be a partnership between various health agencies, and utilize a social impact bonding strategy approved by the department to enhance support to underserved populations for prenatal care and premature birth avoidance.
Sec. 8-1313. (1) The department shall continue developing an outreach program on fetal alcohol syndrome services, targeting health promotion, prevention, and intervention.
(2) The department shall explore federal grant funding to address prevention services for fetal alcohol syndrome and reduce alcohol consumption among pregnant women.
(3) By February 1 of the current fiscal year, the department shall provide a report to the house and senate appropriations subcommittees on the department budget, the house and senate fiscal agencies, and the state budget office on planned spending of appropriations within the department budget for fetal alcohol syndrome projects and services, including appropriation line item, agency or recipient entities, amount and purpose of allocation, and detailed uses. The report shall include a summary of outcomes accomplished by the funding investments and metrics used to determine outcomes, if available.
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 neonatal substance exposure, fetal alcohol syndrome, and other preventable neonatal disease.
(f) Tracking of maternal increase in healthy behaviors following childbirth.
Sec. 8-1315. (1) From the funds appropriated in part 1 for dental programs, $150,000.00 shall be allocated to the Michigan Dental Association for the administration of a volunteer dental program that provides dental services to the uninsured.
(2) By February 1 of the current fiscal year, the department shall report to the senate and house appropriations subcommittees on the department budget, the senate and house standing committees on health policy, the senate and house fiscal agencies, and the state budget office the number of individual patients treated, number of procedures performed, and approximate total market value of those procedures from the previous fiscal year.
Sec. 8-1316. The department shall use revenue from mobile dentistry facility permit fees received under section 21605 of the public health code, 1978 PA 368, MCL 333.21605, to offset the cost of the permit program.
Sec. 8-1317. (1) From the funds appropriated in part 1 for dental programs, $1,750,000.00 of general fund/general purpose revenue and any associated federal match shall be distributed to local health departments who partner with a qualified nonprofit provider of dental services for the purpose of providing high-quality dental homes for seniors, children, and adults enrolled in Medicaid, and low-income uninsured.
(2) In order to be considered a qualified nonprofit provider of dental services, the provider must demonstrate the following:
(a) An effective health insurance enrollment process for uninsured patients.
(b) An effective process of charging patients on a sliding scale based on the patient's ability to pay.
(c) Utilization of additional fund sources including, but not limited to, federal Medicaid matching funds.
(3) Providers shall report to the department by September 30 of the current fiscal year on outcomes and performance measures for the program under this section including, but not limited to, the following:
(a) The number of uninsured patients who visited a participating dentist over the previous year, broken down between adults and children.
(b) The number of patients assisted with health insurance enrollment, broken down between adults and children.
(c) A 5-year trend of the number of uninsured patients being served, broken down between adults and children.
(d) The number of unique patient visits by center.
(e) The number of unique Medicaid or Healthy Michigan plan patients served broken down by center.
(f) The number of children, seniors, and veterans served broken down by center.
(g) The total value of services rendered by the organization broken down by center.
(4) Within 15 days after receipt of the report required in subsection (3), the department shall provide a copy of the report to the senate and house appropriations subcommittees on the department budget, the senate and house fiscal agencies, the senate and house policy offices, and the state budget office.
Sec. 8-1321. From the funds appropriated in part 1 for the Michigan model for health comprehensive health education curriculum in the family, maternal, and child health administration line item, the department may, in consultation with the department of education, the Michigan domestic and sexual violence prevention and treatment board, and the Michigan Coalition to End Domestic and Sexual Violence, redraft the curriculum for the "Growing Up & Staying Healthy" and "Healthy & Responsible Relationships" modules to include age-appropriate information about the importance of consent, setting and respecting personal boundaries, and the prevention of child sexual abuse as outlined in section 1505 of the revised school code, 1976 PA 451, MCL 380.1505, and consistent with the recommendations and guidelines set by the task force on the prevention of sexual abuse of children created under section 12b of the child protection law, 1975 PA 238, MCL 722.632b, and the prevention of sexual assault and dating violence.
Sec. 8-1322. (1) The department shall provide a report by April 15 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 state immunization policy and practices. The report shall include all of the following items:
(a) A list of recommended vaccinations.
(b) The basis and rationale for inclusion of each listed item.
(c) The indicators, measures, and performance outcomes that document improvement in human health for each listed item.
(2) From the funds appropriated in part 1 for immunization program, $50,000.00 shall be allocated for the purpose of publishing and printing the report described in subsection (1) in a summary format to be made available to the public as an informational brochure, provided free of charge through the department's health promotions clearinghouse to providers, groups, or individuals for free distribution.
Sec. 8-1341. The department shall utilize income eligibility and verification guidelines established by the Food and Nutrition Service agency of the United States Department of Agriculture in determining eligibility of individuals for the special supplemental nutrition program for women, infants, and children (WIC) as stated in current WIC policy.
Sec. 8-1342. From the funds appropriated in part 1 for family, maternal, and child health administration, $500,000.00 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 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. 8-1343. From the funds appropriated in part 1 for dental programs, the department shall allocate $1,760,000.00 of state and local funds plus any private contributions received to support the program to establish and maintain a dental oral assessment program to provide assessments to school children as provided in section 9316 of the public health code, 1978 PA 368, MCL 333.9316.
Sec. 8-1348. From the funds appropriated in part 1, the department shall submit a report to the senate and house appropriations committees, the senate and house appropriations subcommittees on the department budget, the senate and house fiscal agencies, and the senate and house policy offices on any request for proposals issued by this state for the healthy moms healthy babies program and on any healthy moms healthy babies programs that are established.
Sec. 8-1349. Subject to federal approval, from the funds appropriated in part 1 for immunization program, 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 Health and Aging Services Administration and Public Health Administration. The funds shall be used to support a statewide media campaign for improving this state's immunization rates.
CHILDREN'S SPECIAL HEALTH CARE SERVICES
Sec. 8-1360. The department may do 1 or more of the following:
(a) Provide special formulas 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.
(e) Provide mental health care for mental health needs that result from, or are a symptom of, the individual's qualifying medical condition.
(f) Provide medical care and treatment to eligible patients with sickle cell disease who are 21 years of age or older.
Sec. 8-1361. From the funds appropriated in part 1 for medical care and treatment, the department may spend those funds for the continued development and expansion of telemedicine capacity to allow families with children in the children's special health care services program to access specialty providers more readily and in a more timely manner. The department may spend funds to support chronic complex care management of children enrolled in the children's special health care services program to minimize hospitalizations and reduce costs to the program while improving outcomes and quality of life.
Sec. 8-1363. From the funds appropriated in part 1 for children's special health care services administration, the department shall allocate $1,000,000.00 as a grant to an independent biomedical research and science education organization in a county with a population between 600,000 and 610,000 and in a city with a population over 185,000 according to the 2010 federal decennial census to be used for matching federal funds, private and nonprofit grants, and private contributions.
HEALTH AND AGING SERVICES ADMINISTRATION
Sec. 8-1505. By March 1 of the current fiscal year, the department shall submit a report to the senate and house appropriations subcommittees on the department budget, the senate and house fiscal agencies, and the state budget office on the actual reimbursement savings and cost offsets that have resulted from the funds appropriated in part 1 for the office of inspector general and third party liability efforts in the previous fiscal year.
Sec. 8-1507. From the funds appropriated in part 1 for office of inspector general, the inspector general shall audit and recoup inappropriate or fraudulent payments from Medicaid managed care organizations to health care providers. Unless authorized by federal or state law, the department shall not fine, temporarily halt operations of, disenroll as a Medicaid provider, or terminate a managed care organization or health care provider from providing services due to the discovery of an inappropriate payment found during the course of an audit.
Sec. 8-1511. On a monthly basis, the department shall work with the department of labor and economic opportunity to report to the senate and house appropriations subcommittees on the department budget, the senate and house fiscal agencies, the senate and house policy offices, and the state budget office on the utilization of workforce development programs by Healthy Michigan plan recipients through Michigan Works! The report shall include, but not be limited to, all of the following:
(a) The number of recipients currently receiving employment supports and services through workforce development programs.
(b) The total year-to-date number of recipients who have received employment supports and services through workforce development programs.
(c) The number of recipients who secured employment in this state after receiving employment supports and services through workforce development programs.
(d) A summary of employment supports and services provided to recipients through workforce development programs.
Sec. 8-1514. From the funds appropriated in part 1 for health and aging services administration, the department shall allocate $300,000.00 general fund/general purpose revenue and any associated federal match to support a predictive modeling tool to improve provider billing accuracy and reduce fraud, waste, and abuse in the Medicaid program. The tool must provide a prepayment cost avoidance solution that uses statistical predictive modeling techniques to identify outlier claims.
Sec. 8-1515. A qualified job placement agency may request contact information from the department for Healthy Michigan plan recipients for the geographic region the agency services. This contact information shall not include personal health information or extensive personal identifying information. For the purposes of this section, a “qualified job placement agency” means a regional Michigan Works! agency or another nonprofit, governmental, or quasi-governmental body that provides job placement assistance as designated by the department.
Sec. 8-1519. (1) By April 1 of the current fiscal year, the aging and adult services agency shall require each region to report to the department 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.
HEALTH AND AGING 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. 8-1602. 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 older adults.
Sec. 8-1604. 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) Detailed expenditures by each area agency on aging by individual program and administration including both state-funded resources and locally funded resources.
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 under 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 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 for Medicaid 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. 8-1608. 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. 8-1610. 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.
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. This section does not 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. 8-1612. From the funds appropriated in part 1 for community services, $40,000.00 shall be allocated to expand existing friendly reassurance and friendly caller programs through the area agencies on aging. The purpose of these programs is to allow an older person to voluntarily sign up to receive a daily or weekly call checking on the older person's well-being and possible conversation with an individual. The program shall be available to all residents of this state age 60 or older and shall target isolated or homebound seniors to provide a check on mental health, physical health and wellness, and address feelings of loneliness or depression.
Sec. 8-1620. (1) For fee-for-service Medicaid claims, the professional dispensing fee for drugs indicated as specialty medications on the Michigan pharmaceutical products list is $20.02 or the pharmacy's submitted dispensing fee, whichever is less.
(2) For fee-for-service Medicaid claims, for drugs not indicated as specialty drugs on the Michigan pharmaceutical products list, the professional dispensing fee for medications is as follows:
(a) For medications indicated as preferred on the department's preferred drug list, $10.80 or the pharmacy's submitted dispensing fee, whichever is less.
(b) For medications not on the department's preferred drug list, $10.64 or the pharmacy's submitted dispensing fee, whichever is less.
(c) For medications indicated as nonpreferred on the department's preferred drug list, $9.00 or the pharmacy's submitted dispensing fee, whichever is less.
(3) The department shall require a prescription co-payment for Medicaid recipients not enrolled in the Healthy Michigan plan or with an income less than 100% of the federal poverty level of $1.00 for a generic drug or any drug indicated as preferred on the department's preferred drug list and $3.00 for a brand-name drug not indicated as preferred on the department's preferred drug list, except as prohibited by federal or state law or regulation.
(4) The department shall require a prescription co-payment for Medicaid recipients enrolled in the Healthy Michigan plan with an income of at least 100% of the federal poverty level of $4.00 for a generic drug or any drug indicated as preferred on the department's preferred drug list and $8.00 for a brand-name drug not indicated as preferred on the department's preferred drug list, except as prohibited by federal or state law or regulation.
Sec. 8-1625. The department shall not enter into any contract with a Medicaid managed care organization that relies on a pharmacy benefit manager that does not do all of the following:
(a) For pharmacies with not more than 7 retail outlets, utilizes a pharmacy reimbursement methodology of the national average drug acquisition cost plus a professional dispensing fee comparable to the applicable professional dispensing fee provided through section 1620. The pharmacy benefit manager or the involved pharmacy services administrative organization shall not receive any portion of the additional professional dispensing fee. The department shall identify the pharmacies this subdivision applies to and provide the list of applicable pharmacies to the Medicaid managed care organizations.
(b) For pharmacies with not more than 7 retail outlets, utilizes a pharmacy reimbursement methodology, when a national average drug acquisition cost price is not available, for brand drugs of the lesser of the wholesale acquisition cost, the average wholesale price less 16.7% plus a professional dispensing fee comparable to the applicable professional dispensing fee provided through section 1620, or the usual and customary charge by the pharmacy. The department shall identify the pharmacies this subdivision applies to and provide the list of applicable pharmacies to the Medicaid managed care organizations.
(c) For pharmacies with not more than 7 retail outlets, utilizes a pharmacy reimbursement methodology, when a national average drug acquisition cost price is not available, for generic drugs of the lesser of wholesale acquisition cost plus a professional dispensing fee comparable to the applicable professional dispensing fee provided through section 1620, average wholesale price less 30.0% plus a professional dispensing fee comparable to the applicable professional dispensing fee provided through section 1620, or the usual and customary charge by the pharmacy. The department shall identify the pharmacies this subdivision applies to and provide the list of applicable pharmacies to the Medicaid managed care organizations.
(d) Reimburses for a legally valid claim at a rate not less than the rate in effect at the time the original claim adjudication as submitted at the point of sale.
(e) Agrees to move to a transparent "pass-through" pricing model, in which the pharmacy benefit manager discloses the administrative fee as a percentage of the professional dispensing costs to the department.
(f) Agrees to not create new pharmacy administration fees and to not increase current fees more than the rate of inflation. This subdivision does not apply to any federal rule or action that creates a new fee.
(g) Agrees to not terminate an existing contract with a pharmacy with not more than 7 retail outlets for the sole reason of the additional professional dispensing fee authorized under this section.
Sec. 8-1626. By January 15 of the current fiscal year, each pharmacy benefit manager that receives reimbursements, either directly or through a Medicaid health plan, from the funds appropriated in part 1 for medical services must submit all of the following information to the department for the previous fiscal year:
(a) The total number of prescriptions that were dispensed.
(b) The total fiscal year paid pharmacy claims reprised using wholesale acquisition cost for each drug on its formulary.
(c) The total amount of rebates, discounts, and price concessions that the pharmacy benefit manager received for each drug on its formulary. The amount of rebates shall include any utilization discounts the pharmacy benefit manager receives from a manufacturer.
(d) The total amount of administrative fees that the pharmacy benefit manager received from all pharmaceutical manufacturers.
(e) The total amount identified in subdivisions (b) and (c) that were retained by the pharmacy benefit manager and did not pass through to the department or to the Medicaid health plan.
(f) The total amount of reimbursements the pharmacy benefit manager pays to contracting pharmacies.
(g) Any other information considered necessary by the department.
Sec. 8-1629. The department shall utilize maximum allowable cost pricing for generic drugs that is based on wholesaler pricing to providers that is available from at least 2 wholesalers who deliver in this state.
Sec. 8-1631. (1) The department shall require co-payments on dental, podiatric, and vision services provided to Medicaid recipients, except as prohibited by federal or state law or regulation.
(2) Except as otherwise prohibited by federal or state law or regulation, the department shall require Medicaid recipients not enrolled in the Healthy Michigan plan or with an income less than 100% of the federal poverty level to pay not less than the following co-payments:
(a) Two dollars for a physician office visit.
(b) Three dollars for a hospital emergency room visit.
(c) Fifty dollars for the first day of an inpatient hospital stay.
(d) Two dollars for an outpatient hospital visit.
(3) Except as otherwise prohibited by federal or state law or regulation, the department shall require Medicaid recipients enrolled in the Healthy Michigan plan with an income of at least 100% of the federal poverty level to pay the following co-payments:
(a) Four dollars for a physician office visit.
(b) Eight dollars for a hospital emergency room visit.
(c) One hundred dollars for the first day of an inpatient hospital stay.
(d) Four dollars for an outpatient hospital visit or any other medical provider visit to the extent allowed by federal or state law or regulation.
Sec. 8-1641. An institutional provider that is required to submit a cost report under the medical services program shall submit cost reports completed in full within 5 months after the end of its fiscal year.
Sec. 8-1646. (1) From the funds appropriated in part 1 for long-term care services, the department shall continue to administer a nursing facility quality measure initiative program. The initiative shall be financed through 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 a payment proportionate to their Medicaid participation rate.
(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.
(2) The department and nursing facility representatives shall evaluate the quality measure incentive program's effectiveness on quality, measured by the change in the CMS 5-star quality measure domain rating since the implementation of quality measure incentive program. 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 senate and house policy offices on the findings of the evaluation.
Sec. 8-1657. (1) Reimbursement for medical services to screen and stabilize a Medicaid recipient, including stabilization of a psychiatric crisis, in a hospital emergency room shall not be made contingent on obtaining prior authorization from the recipient's HMO. If the recipient is discharged from the emergency room, the hospital shall notify the recipient's HMO within 24 hours of the diagnosis and treatment received.
(2) If the treating hospital determines that the recipient will require further medical service or hospitalization beyond the point of stabilization, that hospital shall receive authorization from the recipient's HMO prior to admitting the recipient.
(3) Subsections (1) and (2) do not require an alteration to an existing agreement between an HMO and its contracting hospitals and do not require an HMO to reimburse for services that are not considered to be medically necessary.
Sec. 8-1662. (1) The department shall ensure that an external quality review of each contracting HMO is performed that results in an analysis and evaluation of aggregated information on quality, timeliness, and access to health care services that the HMO or its contractors furnish to Medicaid beneficiaries.
(2) The department shall require Medicaid HMOs to provide EPSDT utilization data through the encounter data system, and HEDIS well child health measures in accordance with the National Committee for Quality Assurance prescribed methodology.
(3) The department shall provide a copy of the analysis of the Medicaid HMO annual audited HEDIS reports and the annual external quality review report to the senate and house appropriations subcommittees on the department budget, the senate and house fiscal agencies, and the state budget director, within 30 days after 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 health and aging 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 health and aging services school-based services payments, the department is authorized to do all of the following:
(a) Finance activities within the health and aging services administration related to this project.
(b) Reimburse participating school districts pursuant to the fund-sharing ratios negotiated in the state-local agreements authorized in subsection (1).
(c) Offset general fund costs associated with the medical services program.
Sec. 8-1693. The special Medicaid reimbursement appropriation in part 1 may be increased if the department submits a medical services state plan amendment pertaining to this line item at a level higher than the appropriation. The department is authorized to appropriately adjust financing sources in accordance with the increased appropriation.
Sec. 8-1694. From the funds appropriated in part 1 for special Medicaid reimbursement, $1,121,400.00 of general fund/general purpose revenue and any associated federal match shall be distributed for poison control services to an academic health care system that has a high indigent care volume.
Sec. 8-1698. (1) From the funds appropriated in part 1 for dental services, the department shall procure and implement a consolidation of all adult and children's Medicaid and Healthy Michigan Plan dental services through a single managed care contract with Dental Health Plans.
(2) The intent of the funding in subsection (1) is to achieve the following:
(a) To ensure access to needed dental services for all enrollees of Medicaid and Healthy Michigan Plan.
(b) To improve dental health outcomes for Medicaid and Healthy Michigan Plan enrollees.
Sec. 8-1699. (1) The department may make separate payments in the amount of $45,000,000.00 directly to qualifying hospitals serving a disproportionate share of indigent patients and to hospitals providing GME training programs. If direct payment for GME and DSH is made to qualifying hospitals for services to Medicaid recipients, hospitals shall not include GME costs or DSH payments in their contracts with HMOs.
(2) The department shall allocate $45,000,000.00 in DSH funding using the distribution methodology used in fiscal year 2003-2004.
Sec. 8-1700. By December 1 of the current fiscal year, the department shall report to the senate and house appropriations subcommittees on the department budget, the senate and house fiscal agencies, and the state budget office on the distribution of funding provided, and the net benefit if the special hospital payment is not financed with general fund/general purpose revenue, to each eligible hospital during the previous fiscal year from the following special hospital payments:
(a) DSH, separated out by unique DSH pool.
(b) GME.
(c) Special rural hospital payments provided under section 1802(2) of this part.
(d) Lump-sum payments to rural hospitals for obstetrical care provided under section 1802(1) of this part.
Sec. 8-1702. From the funds appropriated in part 1, the department shall maintain the rates in place as of September 30, 2022 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 maintain the Medicaid adult dental benefit for pregnant women enrolled in a Medicaid program.
(2) By April 15 of the current fiscal year, the department shall report to the house and senate appropriations subcommittees on the department budget, the house and senate fiscal agencies, and the state budget office on the following:
(a) The number of pregnant women enrolled in Medicaid who visited a dentist over the previous fiscal year.
(b) The number of dentists statewide who participate in providing dental services to pregnant women enrolled in Medicaid.
Sec. 8-1757. The department shall obtain proof from all Medicaid recipients that they are 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 for any fiscal year within ten business days after certification 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.
Sec. 8-1775. (1) By March 1 of the current fiscal year, the department shall report to the senate and house appropriations subcommittees on the department budget, the senate and house fiscal agencies, and the state budget office on progress in implementing the waiver to implement managed care for individuals who are eligible for both Medicare and Medicaid, known as MI Health Link, including any problems and potential solutions as identified by the ombudsman described in subsection (2).
(2) The department shall ensure the existence of an ombudsman program that is not associated with any project service manager or provider to assist MI Health Link beneficiaries with navigating complaint and dispute resolution mechanisms and to identify problems in the demonstrations and in the complaint and dispute resolution mechanisms.
Sec. 8-1786. (1) From the funds appropriated in part 1, the department shall increase Medicaid reimbursement for the administration of injectable vaccines to $16.13 and administration of oral vaccines to $12.25.
(2) The intent of the rate increases in subsection (1) of this section is to improve immunization rates among Medicaid beneficiaries and reduce the spread of preventable illness.
Sec. 8-1788. From the funds appropriated in part 1, the department shall provide Medicaid reimbursement rates, including Medicaid reimbursements from the ambulance provider quality assurance assessment, for ground ambulance services at not less than 100% of the Medicare rates for Locality 01 for those services in effect on the date the services are provided to eligible Medicaid recipients.
Sec. 8-1790. The department shall maintain the current practitioner rates paid for current procedural terminology (CPT) codes 90791 through 90899 for psychiatric procedures through Medicaid fee-for-service and through the comprehensive Medicaid health plans for psychiatric procedures provided for Medicaid recipients under the age of 21.
Sec. 8-1791. From the funds appropriated in part 1 for health plan services and physician services, the department shall provide Medicaid reimbursement rates for neonatal services at 95% of the Medicare rate received for those services in effect on the date the services are provided to eligible Medicaid recipients. The current procedural terminology (CPT) codes that are eligible for this reimbursement rate increase are 99468, 99469, 99471, 99472, 99475, 99476, 99477, 99478, 99479, and 99480.
Sec. 8-1801. From the funds appropriated in part 1 for physician services and health plan services, the department shall continue the increase to Medicaid rates for primary care services provided only by primary care providers. Providers performing a service and whose primary practice is as a non-primary-care subspecialty are 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. As used in this section, "primary care provider" means a physician, or a practitioner working in collaboration with a physician, who is either licensed under part 170 or part 175 of the public health code, 1978 PA 368, MCL 333.17001 to 333.17097 and 333.17501 to 333.17556, and working as a primary care provider in general practice or board-eligible or certified with a specialty designation of family medicine, general internal medicine, or pediatric medicine, or a provider who provides the department with documentation of equivalency.
Sec. 8-1802. (1) From the funds appropriated in part 1 for hospital services and therapy, $7,995,200.00 in general fund/general purpose revenue shall be provided as lump-sum payments to noncritical access hospitals that qualified for rural hospital access payments in fiscal year 2013-2014 and that provide obstetrical care in the current fiscal year. Payment amounts shall be based on the volume of obstetrical care cases and newborn care cases for all such cases billed by each qualified hospital in the most recent year for which data is available. Payments shall be made by January 1 of the current fiscal year.
(2) From the funds appropriated in part 1 for hospital services and therapy and Healthy Michigan plan, $13,904,800.00 in general fund/general purpose revenue and any associated federal match shall be awarded as rural access payments to noncritical access hospitals that meet criteria established by the department for services to low-income rural residents. One of the reimbursement components of the distribution formula shall be assistance with labor and delivery services. The department shall ensure that the rural access payments described in this subsection are distributed in a manner that ensures both of the following:
(a) A hospital does not receive more than 10.0% of the total rural access funding referenced in this subsection.
(b) The methodology for distribution under this subsection and its applicable data that are used to determine the payment amounts are provided to each hospital 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. 8-1804. The department may utilize the federal public assistance reporting information system to continue to work to identify Medicaid recipients who are veterans and who may be eligible for federal veterans' health care benefits or other benefits and shall continue to refer veterans to the department of military and veterans affairs for assistance in securing additional benefits.
Sec. 8-1810. In advance of the annual rate setting development, Medicaid health plans shall be given at least 60 days to dispute and correct any discarded encounter data before rates are certified. The department shall notify each contracting Medicaid health plan of any encounter data that have not been accepted for the purposes of rate setting.
Sec. 8-1820. (1) In order to avoid duplication of efforts, the department shall utilize applicable national accreditation review criteria to determine compliance with corresponding state requirements for Medicaid health plans that have been reviewed and accredited by a national accrediting entity for health care services.
(2) The department shall continue to comply with state and federal law and shall not initiate an action that negatively impacts beneficiary safety.
(3) As used in this section, "national accrediting entity" means the National Committee for Quality Assurance, the URAC, formerly known as the Utilization Review Accreditation Commission, or other appropriate entity, as approved by the department.
Sec. 8-1837. The department shall continue, and expand where appropriate, utilization of telemedicine and telepsychiatry as strategies to increase access to services for Medicaid recipients.
Sec. 8-1846. From the funds appropriated in part 1 for graduate medical education, the department shall distribute the funds with an emphasis on the following health care workforce goals:
(a) The encouragement of the training of physicians in specialties, including primary care, that are necessary to meet the future needs of residents of this state.
(b) The training of physicians in settings that include ambulatory sites and rural locations.
(c) The training of practitioners providing pediatric psychiatry services.
Sec. 8-1850. The department may allow Medicaid health plans to assist with maintaining eligibility through outreach activities to ensure continuation of Medicaid eligibility and enrollment in managed care. This may include mailings, telephone contact, or face-to-face contact with beneficiaries enrolled in the individual Medicaid health plan. Health plans may offer assistance in completing paperwork for beneficiaries enrolled in their plan.
Sec. 8-1851. From the funds appropriated in part 1 for adult home help services, the department shall allocate $150,000.00 state general fund/general purpose revenue plus any associated federal match to develop and deploy a mobile electronic visit verification solution to create administrative efficiencies, reduce error, and minimize fraud. The development of the solution shall be predicated on input from the results of the 2017 stakeholder survey.
Sec. 8-1854. The funds appropriated in part 1 for program of all-inclusive care for the elderly (PACE) must support a current fiscal year enrollment cap that is not less than 7,288.
Sec. 8-1855. From the funds appropriated in part 1 for program of all-inclusive care for the elderly (PACE), to the extent that funding is available in the PACE line item and unused program slots are available, the department may do the following:
(a) Increase the number of slots for an already-established local PACE program if the local PACE program has provided appropriate documentation to the department indicating its ability to expand capacity to provide services to additional PACE clients.
(b) Suspend the 10 member per month individual PACE program enrollment increase cap in order to allow unused and unobligated slots to be allocated to address unmet demand for PACE services.
Sec. 8-1856. (1) From the funds appropriated in part 1 for hospice services, $5,000,000.00 shall be expended through contracts with providers to provide room and board for Medicaid recipients who meet hospice eligibility requirements and receive services at Medicaid enrolled hospice residences in this state. The qualifying hospice residences must have been enrolled with Medicaid by October 1, 2014. The department shall make funding available based on the number of licensed beds at each participating facility.
(2) If there is funding remaining at the end of the current fiscal year, the Medicaid-enrolled hospice with a residence shall return funding to the state.
Sec. 8-1859. The department shall partner with the Michigan Association of Health Plans (MAHP) and Medicaid health plans to develop and implement strategies for the use of information technology services for Medicaid research activities. The department shall make available state medical assistance program data, including Medicaid behavioral data, to MAHP and Medicaid health plans or any vendor considered qualified by the department for the purpose of research activities consistent with this state's goals of improving health; increasing the quality, reliability, availability, and continuity of care; and reducing the cost of care for the eligible population of Medicaid recipients.
Sec. 8-1860. By March 1 of the current fiscal year, the department shall provide a report to the senate and house appropriations subcommittees, the senate and house fiscal agencies, and the state budget office on uncollected co-pays and premiums in the Healthy Michigan plan. The report shall include information on the number of participants who have not paid their co-pays and premiums, the total amount of uncollected co-pays and premiums, and steps taken by the department and health plans to ensure greater collection of co-pays and premiums.
Sec. 8-1862. From the funds appropriated in part 1, the department shall maintain payment rates for Medicaid obstetrical services at 95% of Medicare levels effective October 1, 2014.
Sec. 8-1869. The department may allocate local funding, and any associated federal match, to a community-based residency training program, accredited by the Accreditation Council for Graduate Medical Education (ACGME) and operated by community-based organizations such as FQHCs, which operates from the local funds appropriated in this section, to administer a community-based residency training program. The funds appropriated in this section may be allocated and administered on a local level to communities with high disparities related to COVID-19 and high infant mortality rates for community and public health-based training programs for providers in family medicine. The community-based residency training program shall have a particular emphasis on addressing local psychiatric issues, local health disparities, and local maternal child health issues. The department may secure federal matching funds on local funds allocated in this section to serve Medicaid and uninsured individuals through this community-based residency training program.
Sec. 8-1870. (1) From the funds appropriated in part 1 for hospital services and therapy, the department shall appropriate $6,400,000.00 in general fund/general purpose revenue plus any contributions from public entities, up to $5,000,000.00, and any associated federal match to the MiDocs consortium to create new primary care residency slots in underserved communities. The new primary care residency slots must be in 1 of the following specialties: family medicine, general internal medicine, general pediatrics, general OB-GYN, psychiatry, or general surgery.
(2) The department shall seek any necessary approvals from CMS to allow the department to implement the program described in this section.
(3) Assistance with repayment of medical education loans, loan interest payments, or scholarships provided by MiDocs shall be contingent upon a minimum 2-year commitment to practice in an underserved community in this state post-residency and an agreement to forego any sub-specialty training for at least 2 years post-residency with the exception of a child and adolescent psychiatry fellowship which must be integrated with a psychiatry residency training program in a MiDocs affiliated institution.
(4) The MiDocs shall work with the department to integrate the Michigan inpatient psychiatric admissions discussion (MIPAD) recommendations and, when possible, prioritize training opportunities in state psychiatric hospitals and community mental health organizations.
(5) The department shall maintain the MiDocs initiative advisory council to help support implementation of the program described in this section, and provide oversight. The advisory council shall be composed of the MiDocs consortium, the Michigan Area Health Education Centers, the Michigan Primary Care Association, the Michigan Center for Rural Health, the Michigan Academy of Family Physicians, and any other appointees designated by the department.
(6) By September 1 of the current fiscal year, MiDocs shall report to the senate and house appropriations subcommittees on the department budget, the senate and house fiscal agencies, the senate and house policy offices, and the state budget office, on the following:
(a) Audited financial statement of per-resident costs.
(b) Education and clinical quality data.
(c) Roster of trainees, including areas of specialty and locations of training.
(d) Medicaid revenue by training site.
(7) Outcomes and performance measures for this program include, but are not limited to, the following:
(a) Increasing this state's ability to recruit, train, and retain primary care physicians and other select specialty physicians in underserved communities.
(b) Maximizing training opportunities with community health centers, rural critical access hospitals, solo or group private practice physician practices, schools, and other community-based clinics, in addition to required rotations at inpatient hospitals.
(c) Increasing the number of residency slots for family medicine, general internal medicine, general pediatrics, general OB-GYN, psychiatry, and general surgery.
(8) Unexpended and unencumbered funds up to a maximum $6,400,000.00 in general fund/general purpose revenue plus any contributions from public entities, up to $5,000,000.00, and any associated federal match remaining in accounts appropriated in part 1 for hospital services and therapy 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 the MiDocs consortium to create new primary care residency slots in underserved communities under this section until the work project has been completed. All of the following are in compliance with section 451a(1) of the management and budget act, 1984 PA 431, MCL 18.1451a:
(a) The purpose of the work project is to fund the cost of the MiDocs consortium to create new primary care residency slots in underserved communities.
(b) The work project will be accomplished by contracting with the MiDocs consortium to oversee the creation of new primary care residency slots.
(c) The total estimated completion cost of the work project is $20,200,000.00.
(d) The tentative completion date is September 30,2027.
Sec. 8-1871. The funds appropriated in part 1 for the Healthy Michigan plan healthy behaviors incentives program shall only provide reductions in cost-sharing responsibilities and shall not include other financial rewards such as gift cards.
Sec. 8-1872. From the funds appropriated in part 1 for personal care services, the department shall maintain the monthly Medicaid personal care supplement paid to adult foster care facilities and homes for the aged that provide personal care services to Medicaid recipients in place during the previous fiscal year.
Sec. 8-1873. From the funds appropriated in part 1 for long-term care services, the department may allocate up to $3,700,000.00 for the purpose of outreach and education to nursing home residents and the coordination of housing in order to move out of the facility. In addition, any funds appropriated shall be used for other quality improvement activities of the program. The department shall consider working with all relevant stakeholders to develop a plan for the ongoing sustainability of the nursing facility transition initiative.
Sec. 8-1874. The department shall ensure, in counties where program of all-inclusive care for the elderly or PACE services are available, that the program of all-inclusive care for the elderly (PACE) is included as an option in all options counseling and enrollment brokering for aging services and managed care programs, including, but not limited to, Area Agencies on Aging, centers for independent living, and the MiChoice home and community-based waiver. Such options counseling must include approved marketing and discussion materials.
Sec. 8-1879. (1) The department shall maintain a single, standard preferred drug list to be used by all contracted Medicaid managed health care programs. Changes to the preferred drug list shall be made in consultation with all contracted managed health care programs and the Michigan pharmacy and therapeutics committee to ensure sufficient access to medically necessary drugs for each disease state. The department has final authority over the list and shall design the list to ensure access to clinically effective and appropriate drug therapies and maximize federal rebates and supplemental rebates.
(2) By July 15 of the current fiscal year, the department shall submit a report to the senate and house appropriations subcommittees on the department budget, the senate and house fiscal agencies, the senate and house policy offices, and the state budget office that compares the managed care pharmacy expenditures, utilization, and rebates before implementing a single, standard preferred drug list to managed care pharmacy expenditures, utilization, and rebates after implementing a single, standard preferred drug list. The report shall include data on collected rebates, pharmacy utilization, and expenditures by quarter for at least 8 quarters before implementing a single, standard preferred drug list, and the experienced rebates, pharmacy utilization, and expenditures for at least 6 quarters, and the projected rebates, pharmacy utilization, and expenditures for quarters 7 through 12 after implementing a single, standard preferred drug list. The data shall be aggregated by the department so as not to disclose the proprietary or confidential drug-specific information, or the proprietary or confidential information that directly or indirectly identifies financial information linked to a single manufacturer.
Sec. 8-1881. The managed care capitation rates for the fiscal year ending September 30, 2023 shall not include a 2-way risk corridor.
Sec. 8-1888. The department shall establish contract performance standards associated with the capitation withhold provisions for Medicaid health plans at least 3 months before the implementation of those standards. The determination of whether performance standards have been met shall be based primarily on recognized concepts such as 1-year continuous enrollment and the healthcare effectiveness data and information set, HEDIS, audited data.
Sec. 8-1894. By March 1 of the current fiscal year, the department shall report to the senate and house appropriations subcommittees on the department budget, the senate and house fiscal agencies, the senate and house policy offices, and the state budget office on the Healthy Kids Dental program. The report shall include, but is not limited to, the following:
(a) The number of children enrolled in the Healthy Kids Dental program who visited the dentist during the previous fiscal year broken down by dental benefit manager.
(b) The number of dentists who accept payment from the Healthy Kids Dental program broken down by dental benefit manager.
(c) The annual change in dental utilization of children enrolled in the Healthy Kids Dental program broken down by dental benefit manager.
(d) Service expenditures for the Healthy Kids Dental program broken down by dental benefit manager.
(e) Administrative expenditures for the Healthy Kids Dental program broken down by dental benefit manager.
Sec. 8-1895. From the funds appropriated in part 1 for long-term care services, the department shall adjust the variable cost component and plant cost component of Medicaid reimbursement to class I, class III, and class IV nursing home providers as follows:
(a) An interim variable cost component rate and plant cost component rate for each facility will be established for each facility at 102.5% of the interim rate provided on October 1 of the previous fiscal year.
(b) The Quality Assurance Supplement (QAS) amount will be calculated based on the updated FY 2023 interim variable cost component multiplied by the 21.76% for Class I providers. Governmental Class III providers QAS calculation will be subject to the Class I updated VCL and non-governmental Class III providers are not subject to this limit. Non-governmental Class III providers will have their QAS amount computed by using their VCC or VCL as applicable times 21.76%.(c)The department shall audit final 2023 variable costs and plant costs to establish the final audited rate provided to facilities for services provided in the current fiscal year.
INFORMATION TECHNOLOGY
Sec. 8-1901. (1) The department shall provide a report on a semiannual basis to the senate and house appropriations subcommittees on the department budget, the senate and house fiscal agencies, the senate and house policy offices, and the state budget office on all of the following information:
(a) The process used to define requests for proposals for each expansion of information technology projects, including timelines, project milestones, and intended outcomes.
(b) If the department decides not to contract the services out to design and implement each element of the information technology expansion, the department's own project plan that includes, at a minimum, the requirements in subdivision (a).
(c) A recommended project management plan with milestones and time frames.
(d) The proposed benefits from implementing the information technology expansion, including customer service improvement, form reductions, potential time savings, caseload reduction, and return on investment.
(e) Details on the implementation of the integrated service delivery project, and the progress toward meeting the outcomes and performance measures listed in section 1904(2) of this part.
(f) A list of projects approved in the previous six months and the purpose for approving each project including any federal, state, court, or legislative requirement for each project.
(2) Once an award for an expansion of information technology is made, the department shall report to the senate and house appropriations subcommittees on the department budget, the senate and house fiscal agencies, the senate and house policy offices, and the state budget office a projected cost of the expansion broken down by use and type of expense.
Sec. 8-1902. From the funds appropriated in part 1 for the Michigan Medicaid information system (MMIS) line item, private revenue may be received from and allocated for other states interested in participating as part of the broader MMIS initiative. By March 1 of the current fiscal year, the department shall provide a report on the use of MMIS by other states for the previous fiscal year, including a list of states, type of use, and revenue and expenditures related to the agreements with the other states to use the MMIS. The report shall be provided to the house and senate appropriations subcommittees on the department budget, the house and senate fiscal agencies, and the state budget office.
Sec. 8-1903. (1) The department shall report to the senate and house appropriations subcommittees on the department budget, the senate and house fiscal agencies, the senate and house policy offices, and the state budget office by November 1 of the current fiscal year the status of an implementation plan regarding the appropriation in part 1 to modernize the MiSACWIS. The report shall include, but not be limited to, an update on the status of the settlement and efforts to bring the system in compliance with the settlement and other federal guidelines set forth by the United States Department of Health and Human Services Administration for Children and Families.
(2) The department shall report quarterly to the senate and house appropriations subcommittees on the department budget, the senate and house fiscal agencies, the senate and house policy offices, and the state budget office a status report on the 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 MiSACWIS, including, but not limited to, all of the following:
(a) Areas where implementation went as planned, and in each area including whether the implementation results in either enhanced user interface or portal access, conversion to new modules, or substantial operation improvement to the MiSACWIS.
(b) The number of known issues.
(c) The average number of help tickets submitted per day.
(d) Any additional overtime or other staffing costs to address known issues and volume of help tickets.
(e) Any contract revisions to address known issues and volume of help tickets.
(f) Other strategies undertaken to improve implementation, and for each strategy area including whether the implementation results in either enhanced user interface or portal access, conversion to new modules, or substantial operation improvement to the MiSACWIS.
(g) Progress developing cross-system trusted data exchange withthe MiSACWIS.
(h) Progress in moving away from a statewide automated child welfare information system (SACWIS) to a comprehensive child welfare information system (CCWIS).
(i) Progress developing and implementing a program to monitor data quality.
(j) Progress developing and implementing custom integrated systems for private agencies.
(k) A list of all change orders, planned or in progress.
(l) The status of all change orders, planned or in progress.
(m) The estimated costs for all planned change orders.
(n) The estimated and actual costs for all change orders in progress.
Sec. 8-1904. (1) From the funds appropriated in part 1 for the Bridges Information System line item, the department shall maintain information technology tools and enhance existing systems to improve the eligibility and enrollment process for citizens accessing department administered programs. This information technology system shall consolidate beneficiary information, support department caseworker efforts in building a success plan for beneficiaries, and better support department staff in supporting enrollees in assistance programs.
(2) Outcomes and performance measures for the initiative under subsection (1) include, but are not limited to, the following:
(a) Successful consolidation of data warehouses maintained by the department.
(b) The amount of time a department caseworker devotes to data entry when initiating an enrollee application.
(c) A reduction in wait times for persons enrolled in assistance programs to speak with department staff and get necessary changes made.
(d) A reduction in department caseworker workload.
Sec. 8-1905. (1) The department shall report on a quarterly basis to the chairs of the senate and house standing committees on appropriations, the senate and house appropriations subcommittees on the department budget, the senate and house appropriations subcommittees on the general government budget, the senate and house fiscal agencies, the senate and house policy offices, and the state budget office on all of the following:
(a) Fiscal year-to-date information technology spending for the current fiscal year by service and project and by line-item appropriation.
(b) Planned information technology spending for the remainder of the current fiscal year by service and project and by line-item appropriation.
(c) Total fiscal year-to-date information technology spending and planned spending for the current fiscal year by service and project and by line-item appropriation.
(d) A list of all information technology projects estimated to cost more than $250,000.00 that exceed their allotted budget as well as all information technology projects that have exceeded their allotted budget by 25% or more.
(2) As used in subsection (1), "project" means all of, but not limited to, the following major projects:
(a) Community health automated Medicaid processing system (CHAMPS).
(b) Bridges and MIBridges eligibility determination.
(c) MiSACWIS.
(d) Integrated service delivery.
(3) By April 30 of the current fiscal year, the department, in coordination with the department of technology, management, and budget, shall provide to the senate and house appropriations subcommittees on the department budget, the senate and house fiscal agencies, the senate and house policy offices, and the state budget office a 5 year strategic plan for information technology services and projects for the department.
Sec. 8-1909. (1) From the funds appropriated in part 1 for child support automation, the department shall only encumber or expend funds for the operation, maintenance, and improvements of the Michigan child support enforcement system (MiCSES).
(2) From the funds appropriated in part 1 for bridges information system, the department shall only encumber or expend funds for the operation, maintenance, and improvements of Bridges and MIBridges.
(3) From the funds appropriated in part 1 for Michigan Medicaid information system, the department shall only encumber or expend funds for the operation, maintenance, and improvements of the community health automated Medicaid processing system (CHAMPS).
(4) From the funds appropriated in part 1 for Michigan statewide automated child welfare information system, the department shall only encumber or expend funds for the operation, maintenance, and improvements of MiSACWIS.
(5) From the funds appropriated in part 1 for comprehensive child welfare information system, the department shall only encumber or expend funds for the operation, maintenance, and improvements to the comprehensive child welfare information system.
(6) From the funds appropriated in part 1 for comprehensive child welfare information system, the department shall allocate continue to develop a new information system to replace MiSACWIS consistent with the plan provided by the department to the United States District Court for Eastern District of Michigan as a part of the settlement. The development of the comprehensive child welfare information system shall adhere to department of technology, management, and budget and IT Investment Fund (ITIF) policies and practices, including use of the state unified information technology environment methodology and agile development. The project team shall also participate in and comply with the enterprise portfolio management office process and product quality assurance. To ensure full transparency, the project shall be included in the ITIF portfolio for executive, legislative, and external reporting purposes. As a component of the ITIF portfolio, the project is subject to governance and oversight by the IT investment management board.
Sec. 8-1910. (1) From the funds appropriated in part 1, for information technology services and projects the department shall report to the senate and house appropriations subcommittees on the department budget, the senate and house fiscal agencies, and the senate and house policy offices by April 1 of the current fiscal year total information technology expenditures from the previous fiscal year and all information technology expenditures made under an agile software development plan from the previous fiscal year with details on any project that makes use of agile software implementation.
(2) The department shall report by March 1 of the current fiscal year to the senate and house appropriations subcommittees on the department budget, the senate and house fiscal agencies, and the senate and house policy offices on the selection of a product owner for the comprehensive child welfare information system.
(3) The department to provide updates on the status of the comprehensive child welfare information system development and implementation as requested by the chairs of the house and senate appropriations committees or the chairs of the house and senate appropriations subcommittees on the department budget. Information updates provided by the department, upon request, shall also be accessible to the house and senate fiscal agencies, the house and senate policy offices, and the state budget office on the status of the work completed to date. The updates shall include demonstrations of the completed work during the sprint period. During these demonstrations, the department shall provide a quality assessment surveillance plan as shown in appendix B of "De-risking custom technology projects" from the United States General Services Administration. At each demonstration, the department shall validate which user stories have been included into the software development and the remaining user stories that will be included into the product.
ONE-TIME APPROPRIATIONS
Sec. 8-1954. From the funds appropriated in part 1 for first responder and public safety staff mental health, the department shall allocate $2,500,000.00 towards a program to support firefighters, police officers, emergency medical services personnel, dispatchers, and correctional officers suffering from post-traumatic stress syndrome and other mental health conditions. The program will primarily provide grants to behavioral health providers and may also include funding to the Michigan crisis and action line established under section 165 of the mental health code, 1974 PA 258, MCL 330.1165, to improve information and referrals for these services. The program must coordinate and integrate with the Michigan crisis and access line established under section 165 of the mental health code, 1974 PA 258, MCL 330.1165.
Sec. 8-1961. (1) From the funds appropriated in part 1 for jail diversion fund, the department shall allocate $15,000,000.00 to support the jail diversion fund. The jail diversion fund shall be administered by the mental health diversion council, in accordance with recommendations of the Michigan joint task force on jail and pretrial incarceration.
(2) The mental health diversion council shall distribute grants to local entities for the purpose of establishing or expanding jail diversion programs in partnership with local law enforcement and private or public behavioral health service providers. Grants must be distributed as follows:
(a) Half shall be distributed to community-based mobile crisis intervention services in partnership between law enforcement and mental health practitioners. The mental health diversion council must give priority to grant applications that demonstrate a commitment to a comprehensive co-response model that includes at least all of the following:
(i) Full integration with existing 911 dispatch centers.
(ii) Inclusion of both co-responder clinicians and co-responder peers.
(iii) Access to residential treatment facilities.
(iv) Inclusion of telehealth response and follow-up services.
(v) Mental health professionals employed independently from law enforcement.
(vi) Other best practices as identified by the council.
(b) Half shall be distributed to any type of pre-arrest or post-arrest diversion program in which individuals with behavioral health needs are identified and diverted out of the criminal justice system. The mental health diversion council must give priority to local entities located in counties without an urbanized area of at least 50,000 people, according to the 2010 federal decennial census.
(3) Grant applications may be made by any applicable local entity and must be distributed to local entities using a prospective payment methodology.
(4) The department shall seek federal authority as outlined under section 9813 of the American Rescue Plan Act of 2021, Public Law 117-2, to utilize enhanced federal Medicaid matching funds for the operation of the programs described in this section. It is the intent of the legislature that local entities receiving grants under this section partner with philanthropic organizations to supplement state funding.
(5) Local entities receiving grants under this section must submit a report containing metrics pertinent to the progress of their diversion program to the mental health diversion council annually. The council must compile and submit an annual 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 and make the report publicly available within 30 days after receiving the report. Local entities may utilize a portion of grant funding received under this section to contract with independent organizations for the purpose of fulfilling this requirement. The mental health diversion council shall determine the specific metrics required and notify the local entities at the time of the first grant disbursement. Metrics for grants may include, but are not limited to, all of the following:
(a) The number of calls to which co-responders are dispatched alone and the number of calls to which co-responders are dispatched alongside law enforcement.
(b) The number of calls transferred to telehealth co-responders with physical response follow-up and the number of calls transferred to telehealth co-responders without physical response follow-up.
(c) The law enforcement call clear time when co-responders are dispatched, and the law enforcement call clear time when co-responders are not dispatched.
(d) The co-responder, co-responder clinician, and co-responder peer call time per call.
(e) The number of co-responder-attended calls resulting in the following:
(i) Jail admission.
(ii) On-location de-escalation.
(iii) Crisis center or crisis stabilization unit residential admission.
(iv) Behavioral health facility inpatient admission.
(v) Referral for behavioral or mental health services without residential or inpatient admission.
(vi) Referral to community or social services such as homeless shelters, women's shelters, food pantries, or other similar services.
(f) The number of individuals served by co-responder-attended calls broken down by age, gender, and race and ethnicity.
(g) The reduction in frequency of law enforcement interaction with known frequently served individuals.
(h) The number of follow-up visits, including method and location.
(i) The overall program costs broken down by administration, training, co-responder clinician, co-responder, and per-call costs.
(6) The unexpended funds appropriated in part 1 for jail diversion fund are designated as a work project appropriation, and any unencumbered or unallotted funds do not lapse at the end of the fiscal year and are available for expenditures for projects under this section until the fund is depleted. 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 distribute grant funds to local entities establishing or expanding jail diversion programs.
(b) The projects will be accomplished through grants to local entities establishing or expanding jail diversion programs in partnership with local law enforcement and private or public behavioral health service providers.
(c) The total estimated cost of the work project is $5,000,000.00.
(d) The tentative completion date is September 30, 2025.
Sec. 8-1979. From the funds appropriated in part 1 to eliminate health disparities, the department shall allocate $500,000.00 to conduct an education and outreach program on uterine fibroid disparities among minority populations.
Sec. 8-1980. From the funds appropriated in part 1 to eliminate health disparities, the department shall allocate $4,240,000.00 to expand access to centering pregnancy sites around the state.
Sec. 8-1981. From the funds appropriated in part 1 to eliminate health disparities, the department shall allocate $5,000,000.00 state general fund/general purpose revenues plus any associated federal match to create a new racial disparities incentive pool for Medicaid health plans. The department shall identify benchmarks for specific types of services to use as the basis for distribution among plans. Services may include, but are not limited to, postpartum care, childhood immunizations, well child visits, and lead screening rates.
Sec. 8-1982. From the funds appropriated in part 1 to eliminate health disparities, the department shall allocate $4,000,000.00 to pursue a partnership with an organization specializing in patient-centered training and technical assistance at health centers and hospitals. The partnership will focus on improving birth outcomes.
Sec. 8-1983. From the funds appropriated in part 1 to eliminate health disparities, the department shall allocate $1,260,000.00 state general fund/general purpose revenue to the Wayne State University area health education centers program. These funds shall be used to enhance the strength and diversity of the healthcare workforce.
Sec. 8-1984. (1) The funds appropriated in part 1 for state-operated psychiatric complex must be used to support the construction of a new state-operated psychiatric hospital in southeast Michigan. The new state-operated psychiatric hospital will replace Hawthorn center and Walter P. Reuther psychiatric hospital and be used to provide psychiatric treatment to adults and children currently served at these facilities.
(2) The unexpended funds appropriated in part 1 for State-operated psychiatric complex 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 support construction costs of a new state-operated psychiatric hospital for adults and children.
(b) The project will be accomplished by utilizing state employees or contracts.
(c) The total estimated cost of the project is $325,000,000.00.
(d) The tentative completion date is September 30, 2026.
Sec. 8-1985. (1) The funds appropriated in part 1 for MEHP-mental health expansion must be used to expand the Michigan essential healthcare provider program to include loan repayment assistance to eligible behavioral health providers who work in federally designated health professional shortage areas.
(2) The unexpended funds appropriated in part 1 for MEHP-mental health expansion 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 expand financial support provided through the Michigan essential healthcare provider to behavioral health providers.
(b) The project will be accomplished by utilizing state employees or contracts.
(c) The total estimated cost of the project is $25,000,000.00.
(d) The tentative completion date is September 30, 2026.
Sec. 8-1986. (1) From the funds appropriated in part 1 for gun violence prevention study, the department shall allocate $10,000,000 to the university of Michigan institute for firearm injury prevention for the following activities:
(a) Technical assistance and training to support implementation and conduct evaluations of evidenced based programs addressing firearm injury and violence prevention in Michigan schools and communities.
(b) Training to public health practitioners, healthcare providers, community social workers and members, and law enforcement community on firearm injury prevention.
(c) Development and implementation of the data infrastructure to track and record the number of fatal and non-fatal firearm injuries occurring throughout Michigan.
(2) The unexpended funds appropriated in part 1 for gun violence prevention study 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 support efforts to address and prevent firearm injuries across the State.
(b) The project will be accomplished by utilizing state employees or contracts.
(c) The total estimated cost of the project is $10,000,000.00.
Sec. 8-1987. From the funds appropriated in part 1 for the Food Security Council 50,000,000 is allocated for
(1) Technology investments that will enable the department to develop partnerships integrating food access and health care and identify gaps in client services.
(2) Building food supply for distribution during declarations of disaster or emergency.
(3) Expanding food assistance infrastructure, including new buildings in Northern Michigan to serve Northern Michigan and the Upper Peninsula.
Pandemic response efforts, including support to local food banks and organizations for food purchasing.
Sec. 8-1988. From the funds appropriated in part 1 for cross-enrollment expansion the department of health and human services shall make necessary information technology improvements to the Bridges eligibility and enrollment system to identify and provide outreach to clients who are enrolled in public assistance programs and may be eligible but not enrolled in additional assistance programs.
Sec. 8-1989. From the funds appropriated in part 1 for the home repair and plumbing grant program, the department shall establish a grant program administered by the community action agencies to provide assistance to households with incomes at or below 200% of the federal poverty level for minor home repairs and plumbing updates to prepare homes for weatherization. This money is intended to allow low-income families to safely remain in their homes.
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, 2023, and are anticipated to be appropriated for the fiscal year ending September 30, 2024, 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................ 381.5 381.5
GROSS APPROPRIATION...................................... $ 80,335,500 $ 74,335,500
Total interdepartmental grants and interdepartmental
transfers.............................................. 736,500 736,500
ADJUSTED GROSS APPROPRIATION............................ $ 79,599,000 $ 73,599,000
Total federal revenues................................... 1,017,100 1,017,100
Total local revenues..................................... 0 0
Total private revenues................................... 0 0
Total other state restricted revenues................... 72,581,900 72,581,900
State general fund/general purpose...................... $ 6,000,000 $ 0
State general fund/general purpose schedule:
Ongoing state general fund/general purpose........... 0 0
One-time state general fund/general purpose.......... 6,000,000 0
Sec. 9-102. DEPARTMENTAL ADMINISTRATION AND SUPPORT
Full-time equated unclassified positions.............. 6.0 6.0
Full-time equated classified positions................ 23.5 23.5
Unclassified salaries-6.0 FTE positions................. $ 1,740,300 $ 1,740,300
Administrative hearings.................................. 183,700 183,700
Department services-20.0 FTE positions.................. 6,846,400 6,846,400
Executive director programs-3.5 FTE positions........... 1,914,200 1,914,200
Property management...................................... 2,589,700 2,589,700
Worker's compensation.................................... 1,300 1,300
GROSS APPROPRIATION...................................... $ 13,275,600 $ 13,275,600
Appropriated from:
Interdepartmental grant revenues:
IDG from department of licensing and regulatory
affairs................................................ 71,600 71,600
Special revenue funds:
Other state restricted revenues......................... 13,204,000 13,204,000
State general fund/general purpose...................... $ 0 $ 0
Sec. 9-103. INSURANCE AND FINANCIAL SERVICES REGULATION
Full-time equated classified positions................ 358.0 358.0
Consumer services and protection-98.0 FTE positions..... $ 27,449,200 $ 27,449,200
Financial institutions evaluation-137.0 FTE positions... 14,470,000 14,470,000
Insurance evaluation-123.0 FTE positions................ 14,441,300 14,441,300
GROSS APPROPRIATION...................................... $ 56,360,500 $ 56,360,500
Appropriated from:
Interdepartmental grant revenues:
IDG from department of licensing and regulatory
affairs................................................ 639,700 639,700
Federal revenues:
Other federal revenues................................... 1,017,100 1,017,100
Special revenue funds:
Other state restricted revenues......................... 54,703,700 54,703,700
State general fund/general purpose...................... $ 0 $ 0
Sec. 9-104. INFORMATION TECHNOLOGY
Information technology services and projects............ $ 4,699,400 $ 4,699,400
GROSS APPROPRIATION...................................... $ 4,699,400 $ 4,699,400
Appropriated from:
Interdepartmental grant revenues:
IDG from department of licensing and regulatory
affairs................................................ 25,200 25,200
Special revenue funds:
Other state restricted revenues......................... 4,674,200 4,674,200
State general fund/general purpose...................... $ 0 $ 0
Sec. 9-105. ONE-TIME APPROPRIATIONS
Auto no-fault insurance market conduct study............ $ 5,000,000 $ 0
Behavioral health parity review of health insurance
market................................................. 1,000,000 0
GROSS APPROPRIATION...................................... $ 6,000,000 $ 0
Appropriated from:
Special revenue funds:
State general fund/general purpose...................... $ 6,000,000 $ 0
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
FISCAL YEAR 2023
GENERAL SECTIONS
Sec. 9-201. Pursuant to section 30 of article IX of the state constitution of 1963, total state spending from state sources under part 1 for the fiscal year 2023 is $78,581,900.00 and state spending from state sources to be paid to local units of government for fiscal year 2023 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 shall include transmission of reports via Email to the recipients identified for each reporting requirement, or it shall include placement of reports on an Internet site.
Sec. 9-205. To the extent permissible under MCL 18.1261:
(a) Funds appropriated in part 1 must 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 must be given to goods or services, or both, manufactured or provided by Michigan businesses, if they are competitively priced and of comparable quality.
(c) In addition, preference must be given to goods or services, or both, that are manufactured or provided by Michigan businesses owned and operated by veterans, if they are competitively priced and of comparable quality.
Sec. 9-206. To the extent permissible under the management and budget act, the director shall take all reasonable steps to ensure businesses in deprived and depressed communities compete for and perform contracts to provide services or supplies, or both. 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. 9-207. Consistent with MCL 18.1217, the departments and agencies receiving appropriations in part 1 shall prepare a report on out-of-state travel expenses not later than January 1 of each year. The travel report shall be a listing of all travel by classified and unclassified employees outside this state in the immediately preceding fiscal year that was funded in whole or in part with funds appropriated in the department's budget. The report shall be submitted to the senate and house appropriations committees, the house and senate fiscal agencies, and the state budget director. The report shall include the following information:
(a) The dates of each travel occurrence.
(b) The transportation and related costs of each travel occurrence, including the proportion funded with state general fund/general purpose revenues, the proportion funded with state restricted revenues, the proportion funded with federal revenues, and the proportion funded with other revenues.
Sec. 9-208. Funds appropriated in part 1 shall not be used by a principal executive department, state agency, or authority to hire a person to provide legal services that are the responsibility of the attorney general. This prohibition does not apply to legal services for bonding activities and for those outside services that the attorney general authorizes.
Sec. 9-209. Not later than December 31, the state budget office shall prepare and transmit a report that provides for estimates of the total general fund/general purpose appropriation lapses at the close of the prior fiscal year. This report shall summarize the projected year-end general fund/general purpose appropriation lapses by major departmental program or program areas. The report shall be transmitted to the chairpersons of the senate and house appropriations committees and the senate and house fiscal agencies.
Sec. 9-210. (1) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $1,000,000.00 for federal contingency funds. These funds are not available for expenditure until they have been transferred to another line item in this article under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.
(2) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $5,000,000.00 for state restricted contingency funds. These funds are not available for expenditure until they have been transferred to another line item in this article under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.
Sec. 9-211. From the funds appropriated in part 1, the department shall provide to the department of technology, management and budget information sufficient to maintain a searchable website accessible by the public at no cost that includes, but is not limited to, all of the following for each department or agency:
(a) Fiscal year-to-date expenditures by category.
(b) Fiscal year-to-date expenditures by appropriation unit.
(c) Fiscal year-to-date payments to a selected vendor, including the vendor name, payment date, payment amount, and payment description.
(d) The number of active department employees by job classification.
(e) Job specifications and wage rates.
Sec. 9-212. Within 14 days after the release of the executive budget recommendation, the department shall provide to the state budget office information sufficient to provide the senate and house appropriations chairs, the senate and house appropriations subcommittees chairs, and the senate and house fiscal agencies with an annual report on estimated state restricted fund balances, state restricted fund projected revenues, and state restricted fund expenditures for the fiscal years ending September 30, 2022 and September 30, 2023.
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, 2023 are estimated at $8,906,500.00. From this amount, total agency appropriations for pension-related legacy costs are estimated at $5,407,400.00. Total agency appropriations for retiree health care legacy costs are estimated at $3,499,100.00.
Sec. 9-223. Unless prohibited by law, the department may accept credit card or other electronic means of payment for licenses, fees, or permits.
INSURANCE AND FINANCIAL SERVICES REGULATION
Sec. 9-302. In addition to the funds appropriated in part 1, the funds collected by the department in connection with a conservatorship under section 32 of the mortgage brokers, lenders, and servicers licensing act, 1987 PA 173, MCL 445.1682, and funds collected by the department from corporations being liquidated under the insurance code of 1956, 1956 PA 218, MCL 500.100 to 500.8302, must be appropriated for all expenses necessary to provide for the required services. Funds are available for expenditure when they are received by the department of treasury and must not lapse to the general fund at the end of the fiscal year.
Sec. 9-303. The department may make available to interested entities customized listings of nonconfidential information in its possession. The department may establish and collect a reasonable charge to provide this service. The revenue from this service is appropriated when received and must be used to offset expenses to provide the service. Any balance of this revenue collected and unexpended at the end of the fiscal year must lapse to the appropriate restricted fund.
Article 10
JUDICIARY
PART 1
LINE-ITEM APPROPRIATIONS AND ANTICIPATED APPROPRIATIONS
Sec. 10-101. Subject to the conditions set forth in this article, the amounts listed in this part for the judiciary are appropriated for the fiscal year ending September 30, 2023, and are anticipated to be appropriated for the fiscal year ending September 30, 2024, 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................... 534.0 534.0
GROSS APPROPRIATION...................................... $ 506,371,900 $ 330,923,900
Total interdepartmental grants and interdepartmental
transfers.............................................. 1,902,300 1,902,300
ADJUSTED GROSS APPROPRIATION............................ $ 504,469,600 $ 329,021,600
Total federal revenues................................... 6,381,500 6,381,500
Total local revenues..................................... 7,782,600 7,782,600
Total private revenues................................... 1,524,200 1,524,200
Total other state restricted revenues................... 94,435,300 94,435,300
State general fund/general purpose...................... $ 394,346,000 $ 218,898,000
State general fund/general purpose schedule:
Ongoing state general fund/general purpose........... 218,898,000 218,898,000
One-time state general fund/general purpose.......... 175,448,000 0
Sec. 10-102. SUPREME COURT
Full-time equated exempted positions................... 256.0 256.0
Community dispute resolution-3.0 FTE positions.......... $ 3,370,400 $ 3,370,400
Direct trial court automation support-44.0 FTE
positions.............................................. 7,782,600 7,782,600
Drug treatment courts.................................... 12,483,000 12,483,000
Foster care review board-10.0 FTE positions............. 1,386,800 1,386,800
Jail reform advisory support-1.0 FTE position........... 153,900 153,900
Judicial information systems-24.0 FTE positions......... 5,757,800 5,757,800
Judicial institute-16.0 FTE positions................... 2,628,800 2,628,800
Mental health courts and diversion services-1.0 FTE
position............................................... 5,575,400 5,575,400
Next generation Michigan court system................... 4,116,000 4,116,000
Other federal grants..................................... 275,100 275,100
State court administrative office-65.0 FTE positions.... 12,919,900 12,919,900
Supreme court administration-92.0 FTE positions......... 15,538,700 15,538,700
Swift and sure sanctions program........................ 3,350,000 3,350,000
Veterans courts.......................................... 1,036,400 1,036,400
GROSS APPROPRIATION...................................... $ 76,374,800 $ 76,374,800
Appropriated from:
Interdepartmental grant revenues:
IDG from department of corrections...................... 52,300 52,300
IDG from department of state police..................... 1,600,000 1,600,000
Federal revenues:
Other federal revenues................................... 5,804,500 5,804,500
Special revenue funds:
Local revenues........................................... 7,782,600 7,782,600
Private revenues......................................... 1,435,800 1,435,800
Other state restricted revenues......................... 7,832,500 7,832,500
State general fund/general purpose...................... $ 51,867,100 $ 51,867,100
Sec. 10-103. COURT OF APPEALS
Full-time equated exempted positions................... 175.0 175.0
Court of appeals operations-175.0 FTE positions......... $ 26,161,000 $ 26,161,000
GROSS APPROPRIATION...................................... $ 26,161,000 $ 26,161,000
Appropriated from:
Special revenue funds:
State general fund/general purpose...................... $ 26,161,000 $ 26,161,000
Sec. 10-104. BRANCHWIDE APPROPRIATIONS
Full-time equated exempted positions................... 4.0 4.0
Branchwide appropriations-4.0 FTE positions............. $ 8,865,500 $ 8,865,500
GROSS APPROPRIATION...................................... $ 8,865,500 $ 8,865,500
Appropriated from:
Special revenue funds:
State general fund/general purpose...................... $ 8,865,500 $ 8,865,500
Sec. 10-105. JUSTICES' AND JUDGES' COMPENSATION
Full-time judges positions............................. 585.0 585.0
Supreme court justices' salaries-7.0 justices........... $ 1,270,500 $ 1,270,500
Circuit court judges' state base salaries-218.0 judges.. 26,788,900 26,788,900
Circuit court judicial salary standardization........... 9,956,800 9,956,800
Court of appeals judges' salaries-25.0 judges........... 4,566,500 4,566,500
District court judges' state base salaries-232.0
judges................................................. 28,081,600 28,081,600
District court judicial salary standardization.......... 10,608,600 10,608,600
Probate court judges' state base salaries-103.0 judges.. 12,568,900 12,568,900
Probate court judicial salary standardization........... 4,669,600 4,669,600
Judges' retirement system defined contributions......... 6,142,500 6,142,500
OASI, social security.................................... 7,082,200 7,082,200
GROSS APPROPRIATION...................................... $ 111,736,100 $ 111,736,100
Appropriated from:
Special revenue funds:
Other state restricted revenues......................... 1,970,800 1,970,800
State general fund/general purpose...................... $ 109,765,300 $ 109,765,300
Sec. 10-106. JUDICIAL AGENCIES
Full-time equated exempted positions................... 9.0 9.0
Judicial tenure commission-9.0 FTE positions............ $ 1,781,800 $ 1,781,800
GROSS APPROPRIATION...................................... $ 1,781,800 $ 1,781,800
Appropriated from:
Special revenue funds:
State general fund/general purpose...................... $ 1,781,800 $ 1,781,800
Sec. 10-107. INDIGENT DEFENSE - CRIMINAL
Full-time equated exempted positions................... 69.0 69.0
Appellate public defender program-69.0 FTE positions.... $ 11,169,400 $ 11,169,400
GROSS APPROPRIATION...................................... $ 11,169,400 $ 11,169,400
Appropriated from:
Interdepartmental grant revenues:
IDG from department of state police..................... 250,000 250,000
Federal revenues:
Other federal revenues................................... 577,000 577,000
Special revenue funds:
Private revenues......................................... 88,400 88,400
Other state restricted revenues......................... 172,400 172,400
State general fund/general purpose...................... $ 10,081,600 $ 10,081,600
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................... 21.0 21.0
Court equity fund reimbursements........................ $ 60,815,700 $ 60,815,700
Drug case-flow program................................... 250,000 250,000
Drunk driving case-flow program......................... 3,300,000 3,300,000
Judicial technology improvement fund.................... 4,815,000 4,815,000
Juror compensation reimbursement-1.0 FTE position....... 6,610,300 6,610,300
Statewide e-file system-20.0 FTE positions.............. 11,107,300 11,107,300
GROSS APPROPRIATION...................................... $ 86,898,300 $ 86,898,300
Appropriated from:
Special revenue funds:
Other state restricted revenues......................... 76,522,600 76,522,600
State general fund/general purpose...................... $ 10,375,700 $ 10,375,700
Sec. 10-110. ONE-TIME APPROPRIATIONS
Judicial tenure commission............................... $ 223,000 $ 0
Judicial workload assessment............................ 225,000 0
Statewide judicial case management system............... 175,000,000 0
GROSS APPROPRIATION...................................... $ 175,448,000 $ 0
Appropriated from:
Special revenue funds:
State general fund/general purpose...................... $ 175,448,000 $ 0
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
FISCAL YEAR 2023
GENERAL SECTIONS
Sec. 10-201. Pursuant to section 30 of article IX of the state constitution of 1963, total state spending from state sources under part 1 for the fiscal year 2023 is $488,781,300.00 and state spending from state sources to be paid to local units of government for fiscal year 2023 is $149,059,200.00. The itemized statement below identifies appropriations from which spending to local units of government will occur:
JUDICIARY
Drug treatment courts.................................................. $ 8,838,000
Mental health courts and diversion services............................ 5,575,400
Next generation Michigan court system.................................. 4,116,000
Swift and sure sanctions program....................................... 3,350,000
Veterans courts........................................................ 1,036,400
Court of appeals operations............................................ 200,000
Circuit court judicial salary standardization.......................... 9,956,800
District court judicial salary standardization......................... 10,608,600
Probate court judges' state base salaries.............................. 12,568,900
Probate court judicial salary standardization.......................... 4,669,600
OASI, social security.................................................. 1,241,200
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....................................... 6,610,300
Statewide e-file system................................................ 11,107,300
TOTAL.................................................................... $ 149,059,200
Sec. 10-202. (1) The appropriations authorized under this article are subject to the management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594.
(2) Funds appropriated in part 1 to an entity within the judicial branch shall not be expended or transferred to another account without written approval of the authorized agent of the judicial entity. If the authorized agent of the judicial entity notifies the state budget director of its approval of an expenditure or transfer, the state budget director shall immediately make the expenditure or transfer. The authorized judicial entity agent shall be designated by the chief justice of the supreme court.
Sec. 10-203. As used in this article:
(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 article 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 requirement shall 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. 10-205. To the extent permissible under MCL 18.1261:
(a) Funds appropriated in part 1 must 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 must be given to goods or services, or both, manufactured or provided by Michigan businesses, if they are competitively priced and of comparable quality.
(c) In addition, preference must 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 December 31, 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 provide to the state budget office information sufficient 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, 2022 and September 30, 2023.
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, 2023 are estimated at $13,829,500.00. From this amount, total judiciary appropriations for pension-related legacy costs are estimated at $8,396,300.00. Total judiciary appropriations for retiree health care legacy costs are estimated at $5,433,200.00.
Sec. 10-218. Except as provided in this part, any report required to be provided by the judicial branch under this part shall be submitted to the senate and house appropriations subcommittees on the judiciary, the senate and house fiscal agencies, and the state budget office.
JUDICIAL BRANCH
Sec. 10-301. From the funds appropriated in part 1, the direct trial court automation support program of the state court administrative office shall recover direct and overhead costs from trial courts by charging for services rendered. The fee shall cover the actual costs incurred to the direct trial court automation support program in providing the service, including development of future versions of case management systems.
Sec. 10-302. Funds appropriated within the judicial branch shall not be expended by any component within the judicial branch without the approval of the supreme court.
Sec. 10-303. Of the amount appropriated in part 1 for the judicial branch, $711,900.00 is allocated for circuit court reimbursement under section 3 of 1978 PA 16, MCL 800.453, and for costs associated with the court of claims.
Sec. 10-304. A member of the legislature may request a report or data from the data collected in the judicial data warehouse. The report shall be made available to the public upon request, unless disclosure is prohibited by court order or state or federal law. Any data provided under this section shall be public and non-identifying information.
Sec. 10-305. From the funds appropriated in part 1 for community dispute resolution, community dispute resolution centers shall provide dispute resolution services specified in the community dispute resolution act, 1988 PA 260, MCL 691.1551 to 691.1564, and shall help to reduce suspensions and truancy, and improve school climate. Funding appropriated in part 1 for community dispute resolution may be used to develop or expand juvenile diversion services in cooperation with local prosecutors. Participation in the dispute resolution processes is voluntary for all parties.
Sec. 10-307. From the funds appropriated in part 1 for mental health courts and diversion services, $1,730,000.00 is intended to address the recommendations of the mental health diversion council.
Sec. 10-308. If sufficient funds are not available from the court fee fund to pay judges' compensation, the difference between the appropriated amount from that fund for judges' compensation and the actual amount available after the amount appropriated for trial court reimbursement is made shall be appropriated from the state general fund for judges' compensation. If an appropriation is made under this section, the state court administrative office shall issue a report within 14 days of the appropriation.
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, the impact of the programs on offender criminal involvement and recidivism, and an accounting of prior year expenditures, including grant amounts requested by the courts, grant amounts awarded to the courts, and grant amounts expended by the courts.
Sec. 10-310. (1) From the funds appropriated in part 1 for problem solving courts, $100,000.00 shall be used by the state court administrative office for a program in a veterans treatment court or a mental health treatment court, or both, that investigates the effectiveness of oral fluid testing to determine compliance with required mental health medicine prescriptions or requirements.
(2) By April 1, the state court administrative office shall provide a report on the oral fluid testing programs established in this state. The report shall include information on the number of programs established, the number of program participants in each jurisdiction, and the rearrest rate of participants while participating in the program.
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. 10-320. (1) From the funds appropriated in part 1 for the swift and sure sanctions program 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) that includes 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.
(e) A list of courts participating in the program.
(f) An accounting of prior year expenditures, including grant amounts requested by the courts, grant amounts awarded to the courts, and grant amounts expended by the courts.
(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.
Sec. 10-322. (1) If Byrne formula grant funding is awarded to the state appellate defender in excess of the amount appropriated in part 1, 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.
(2) If the appellate defender 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.
Sec. 10-323. (1) From the funds appropriated in part 1, the state appellate defender office shall ensure Michigan compliance with Montgomery v Louisiana, 577 US _____ (2016). The purpose of the program is to ensure competent, resourced, and supervised counsel in cases involving the resentencing of juvenile lifers. The representation by the appellate defender's office counsel will create opportunities for release, saving prison costs for the state.
(2) The state appellate defender office shall submit a report by December 31 on the number of juvenile lifer cases investigated and prepared by the state appellate defender office. The report shall include a calculation of hours spent and focus on incremental costs associated with investigating and conducting a robust examination of each case, with particular emphasis on those costs that may be avoided after the cases have been disposed.
Sec. 10-324. (1) From the funds appropriated in part 1 for drug treatment courts, 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.
(2) By February 1, the judiciary shall report on the medication-assisted treatment program. The report shall include itemized spending by court, the number of participants, and statistics that indicate average program participation duration and success rates.
ONE-TIME APPROPRIATIONS
Sec. 10-400. The unexpended appropriations in part 1 for statewide judicial case management system are designated as a work project appropriation. Any unencumbered or unallotted funds shall not lapse at the end of the fiscal year and shall be available for expenditure for the project under this section until the project has been completed. The following is in compliance with section 451a of the management and budget act, 1984 PA 431, MCL 18.1451a:
(a) The purpose of the project is to develop a judicial case management system used by courts in this state.
(b) The project will be accomplished utilizing state resources and contracts.
(c) The estimated completion cost of this project is $175,000,000.00.
(d) The tentative completion date for this work project is September 30, 2027.
Article 11
DEPARTMENT OF LABOR AND ECONOMIC OPPORTUNITY
PART 1
LINE-ITEM APPROPRIATIONS AND ANTICIPATED APPROPRIATIONS
Sec. 11-101. Subject to the conditions set forth in this article, the amounts listed in this part for the department of labor and economic opportunity are appropriated for the fiscal year ending September 30, 2023, and are anticipated to be appropriated for the fiscal year ending September 30, 2024, from the funds indicated in this part. The following is a summary of the appropriations and anticipated appropriations in this part:
DEPARTMENT OF LABOR AND ECONOMIC OPPORTUNITY
APPROPRIATION SUMMARY
Full-time equated unclassified positions.............. 34.5 34.5
Full-time equated classified positions................ 2,589.4 2,588.4
GROSS APPROPRIATION...................................... $ 2,305,571,500 $ 1,699,121,500
Total interdepartmental grants and interdepartmental
transfers.............................................. 0 0
ADJUSTED GROSS APPROPRIATION............................ $ 2,305,571,500 $ 1,699,121,500
Total federal revenues................................... 1,154,595,000 1,153,845,000
Total local revenues..................................... 10,700,000 10,700,000
Total private revenues................................... 12,430,700 12,430,700
Total other state restricted revenues................... 245,920,400 245,920,400
State general fund/general purpose...................... $ 881,925,400 $ 276,225,400
State general fund/general purpose schedule:
Ongoing state general fund/general purpose........... 276,225,400 276,225,400
One-time state general fund/general purpose.......... 605,700,000 0
Sec. 11-102. DEPARTMENTAL ADMINISTRATION AND SUPPORT
Full-time equated unclassified positions.............. 34.5 34.5
Full-time equated classified positions................ 60.0 60.0
Unclassified salaries-34.5 FTE positions................ $ 4,425,800 $ 4,425,800
Executive direction and operations-60.0 FTE positions... 10,131,900 10,131,900
Property management...................................... 6,166,400 6,166,400
GROSS APPROPRIATION...................................... $ 20,724,100 $ 20,724,100
Appropriated from:
Federal revenues:
Other federal revenues................................... 11,974,100 11,974,100
Special revenue funds:
Other state restricted revenues......................... 6,222,300 6,222,300
State general fund/general purpose...................... $ 2,527,700 $ 2,527,700
Sec. 11-103. WORKFORCE DEVELOPMENT
Full-time equated classified positions................ 233.0 233.0
At-risk youth grants..................................... $ 4,750,000 $ 4,750,000
Going pro................................................ 41,500,000 41,500,000
High school equivalency-to-school program............... 250,000 250,000
Michigan reconnect grant program-12.0 FTE positions..... 55,000,000 55,000,000
MiSTEM advisory council-2.0 FTE positions............... 600,000 600,000
Office of future mobility and electrification........... 4,000,000 4,000,000
Workforce development programs.......................... 395,706,300 395,706,300
Workforce program administration-219.0 FTE positions.... 38,786,800 38,786,800
GROSS APPROPRIATION...................................... $ 540,593,100 $ 540,593,100
Appropriated from:
Federal revenues:
Other federal revenues................................... 408,842,100 408,842,100
Special revenue funds:
Local revenues........................................... 300,000 300,000
Private revenues......................................... 5,283,300 5,283,300
Other state restricted revenues......................... 22,295,000 22,295,000
State general fund/general purpose...................... $ 103,872,700 $ 103,872,700
Sec. 11-104. REHABILITATION SERVICES
Full-time equated classified positions................ 671.0 671.0
Bureau of services for blind persons-116.0 FTE
positions.............................................. $ 25,610,900 $ 25,610,900
Centers for independent living.......................... 18,531,700 18,531,700
Michigan rehabilitation services-555.0 FTE positions.... 138,061,300 138,061,300
Subregional libraries state aid......................... 451,800 451,800
GROSS APPROPRIATION...................................... $ 182,655,700 $ 182,655,700
Appropriated from:
Federal revenues:
Other federal revenues................................... 139,738,200 139,738,200
Special revenue funds:
Local revenues........................................... 5,400,000 5,400,000
Private revenues......................................... 643,300 643,300
Other state restricted revenues......................... 538,300 538,300
State general fund/general purpose...................... $ 36,335,900 $ 36,335,900
Sec. 11-105. EMPLOYMENT SERVICES
Full-time equated classified positions................ 379.4 379.4
Bureau of employment relations-22.0 FTE positions....... $ 4,511,700 $ 4,511,700
Compensation supplement fund............................ 820,000 820,000
First responder presumed coverage claims................ 4,000,000 4,000,000
Insurance funds administration-23.0 FTE positions....... 4,779,400 4,779,400
Michigan occupational safety and health administration-
197.0 FTE positions.................................... 31,272,400 31,272,400
Office of global Michigan-14.0 FTE positions............ 39,127,500 39,127,500
Private and occupational distance learning-3.0 FTE
positions.............................................. 859,400 859,400
Radiation safety section-21.4 FTE positions............. 3,464,400 3,464,400
Wage and hour program-29.0 FTE positions................ 4,208,900 4,208,900
Workers' compensation board of magistrates-10.0 FTE
positions.............................................. 2,260,200 2,260,200
Workers' disability compensation agency-56.0 FTE
positions.............................................. 8,338,400 8,338,400
Workers' disability compensation appeals commission-
4.0 FTE positions...................................... 350,600 350,600
GROSS APPROPRIATION...................................... $ 103,992,900 $ 103,992,900
Appropriated from:
Federal revenues:
Other federal revenues................................... 51,797,500 51,797,500
Special revenue funds:
Other state restricted revenues......................... 47,219,500 47,219,500
State general fund/general purpose...................... $ 4,975,900 $ 4,975,900
Sec. 11-106. UNEMPLOYMENT
Full-time equated classified positions................ 744.0 744.0
Unemployment insurance agency-736.0 FTE positions....... $ 297,419,800 $ 297,419,800
Unemployment insurance agency - advocacy assistance..... 1,500,000 1,500,000
Unemployment insurance appeals commission-8.0 FTE
positions.............................................. 4,430,600 4,430,600
GROSS APPROPRIATION...................................... $ 303,350,400 $ 303,350,400
Appropriated from:
Federal revenues:
Other federal revenues................................... 280,602,200 280,602,200
Special revenue funds:
Other state restricted revenues......................... 22,748,200 22,748,200
State general fund/general purpose...................... $ 0 $ 0
Sec. 11-107. COMMISSIONS
Full-time equated classified positions................ 19.0 19.0
Asian Pacific American affairs commission-1.0 FTE
position............................................... $ 222,400 $ 222,400
Commission on Middle Eastern American affairs-1.0 FTE
position............................................... 210,000 210,000
Hispanic/Latino commission of Michigan-1.0 FTE
position............................................... 295,100 295,100
Michigan community service commission-14.0 FTE
positions.............................................. 12,013,500 12,013,500
Michigan women's commission-2.0 FTE positions........... 1,473,600 1,473,600
GROSS APPROPRIATION...................................... $ 14,214,600 $ 14,214,600
Appropriated from:
Federal revenues:
Other federal revenues................................... 10,926,000 10,926,000
Special revenue funds:
Private revenues......................................... 1,204,100 1,204,100
State general fund/general purpose...................... $ 2,084,500 $ 2,084,500
Sec. 11-108. INFORMATION TECHNOLOGY
Information technology services and projects............ $ 29,739,800 $ 29,739,800
GROSS APPROPRIATION...................................... $ 29,739,800 $ 29,739,800
Appropriated from:
Federal revenues:
Other federal revenues................................... 26,381,600 26,381,600
Special revenue funds:
Other state restricted revenues......................... 2,612,800 2,612,800
State general fund/general purpose...................... $ 745,400 $ 745,400
Sec. 11-109. MICHIGAN STRATEGIC FUND
Full-time equated classified positions................ 174.0 174.0
Arts and cultural program................................ $ 11,000,000 $ 11,000,000
Business attraction and community revitalization........ 100,000,000 100,000,000
Community college skilled trades equipment program
debt service........................................... 4,600,000 4,600,000
Community development block grants...................... 47,000,000 47,000,000
Entrepreneurship eco-system.............................. 15,650,000 15,650,000
Facility for rare isotope beams......................... 7,300,000 7,300,000
Flint settlement debt service........................... 35,000,000 35,000,000
Job creation services-174.0 FTE positions............... 31,917,200 31,917,200
Lighthouse preservation program......................... 307,500 307,500
Pure Michigan............................................ 25,000,000 25,000,000
GROSS APPROPRIATION...................................... $ 277,774,700 $ 277,774,700
Appropriated from:
Federal revenues:
Other federal revenues................................... 55,723,300 55,723,300
Special revenue funds:
Local revenues........................................... 5,000,000 5,000,000
Private revenues......................................... 5,300,000 5,300,000
21st century jobs fund................................... 75,000,000 75,000,000
Other state restricted revenues......................... 11,068,100 11,068,100
State general fund/general purpose...................... $ 125,683,300 $ 125,683,300
Sec. 11-110. MICHIGAN STATE HOUSING DEVELOPMENT AUTHORITY
Full-time equated classified positions................ 299.0 299.0
Housing and rental assistance-299.0 FTE positions....... $ 47,601,600 $ 47,601,600
Michigan state housing development authority
technology services and projects....................... 3,733,800 3,733,800
Payments on behalf of tenants........................... 166,860,000 166,860,000
Property management...................................... 3,503,000 3,503,000
GROSS APPROPRIATION...................................... $ 221,698,400 $ 221,698,400
Appropriated from:
Federal revenues:
Other federal revenues................................... 166,860,000 166,860,000
Special revenue funds:
Other state restricted revenues......................... 54,838,400 54,838,400
State general fund/general purpose...................... $ 0 $ 0
Sec. 11-111. STATE LAND BANK AUTHORITY
Full-time equated classified positions................ 9.0 9.0
State land bank authority-9.0 FTE positions............. $ 4,377,800 $ 4,377,800
GROSS APPROPRIATION...................................... $ 4,377,800 $ 4,377,800
Appropriated from:
Federal revenues:
Other federal revenues................................... 1,000,000 1,000,000
Special revenue funds:
Other state restricted revenues......................... 3,377,800 3,377,800
State general fund/general purpose...................... $ 0 $ 0
Sec. 11-112. ONE-TIME APPROPRIATIONS
Full-time equated classified positions................ 1.0 0.0
Attainable homeownership and apprenticeship program-
1.0 FTE position....................................... $ 11,000,000 $ 0
Barrier removal and employment supports................. 15,000,000 0
Focus: HOPE.............................................. 1,000,000 0
Helmets to hardhats...................................... 500,000 0
International talent attraction......................... 15,000,000 0
Michigan local heroes marketing campaign................ 10,000,000 0
Michigan regional empowerment program................... 200,000,000 0
Nature, science, and cultural experiences grant
program................................................ 75,000,000 0
Office of global Michigan language access plans......... 700,000 0
State historic preservation office grant program........ 750,000 0
Statewide pre-apprenticeship program.................... 10,000,000 0
Talent retention and expansion.......................... 20,000,000 0
Transformational education infrastructure............... 230,000,000 0
Tri-share child care program............................ 2,500,000 0
Young professionals plus................................. 15,000,000 0
GROSS APPROPRIATION...................................... $ 606,450,000 $ 0
Appropriated from:
Federal revenues:
Other federal revenues................................... 750,000 0
Special revenue funds:
State general fund/general purpose...................... $ 605,700,000 $ 0
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
FISCAL YEAR 2023
GENERAL SECTIONS
Sec. 11-201. Pursuant to section 30 of article IX of the state constitution of 1963, total state spending from state sources under part 1 for the fiscal year 2023 is $1,127,845,800.00 and state spending from state sources to be paid to local units of government for fiscal year 2023 is $252,274,900.00. 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......................................... 10,999,900
Michigan rehabilitation services....................................... 275,000
Michigan regional empowerment program.................................. 200,000,000
Arts and cultural program.............................................. 1,000,000
TOTAL.................................................................... $ 252,274,900
Sec. 11-202. The appropriations authorized under this article are subject to the management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594.
Sec. 11-203. As used in this article:
(a) "Department" means the department of labor and economic opportunity.
(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) "MiSTEM" means Michigan science, technology, engineering, and mathematics.
(h) "MSF" means the Michigan strategic fund.
(i) "PATH" means Partnership. Accountability. Training. Hope.
(j) "STEM" means science, technology, engineering, and mathematics.
(k) "U.S." means United States.
(l) "USC" means United States code.
(m) "USDOL" means the United States department of labor.
Sec. 11-204. The departments and agencies receiving appropriations in part 1 shall use the Internet to fulfill the reporting requirements of this article. This requirement shall include transmission of reports via Email to the recipients identified for each reporting requirement, or it shall include placement of reports on an Internet site.
Sec. 11-205. To the extent permissible under MCL 18.1261:
(a) Funds appropriated in part 1 must 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 must be given to goods or services, or both, manufactured or provided by Michigan businesses, if they are competitively priced and of comparable quality.
(c) In addition, preference must be given to goods or services, or both, that are manufactured or provided by Michigan businesses owned and operated by veterans, if they are competitively priced and of comparable quality.
Sec. 11-206. To the extent permissible under the management and budget act, the director shall take all reasonable steps to ensure businesses in deprived and depressed communities compete for and perform contracts to provide services or supplies, or both. 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. 11-207. Consistent with MCL 18.1217, the departments and agencies receiving appropriations in part 1 shall prepare a report on out-of-state travel expenses not later than January 1 of each year. The travel report shall be a listing of all travel by classified and unclassified employees outside this state in the immediately preceding fiscal year that was funded in whole or in part with funds appropriated in the department's budget. The report shall be submitted to the senate and house appropriations committees, the house and senate fiscal agencies, and the state budget director. The report shall include the following information:
(a) The dates of each travel occurrence.
(b) The transportation and related costs of each travel occurrence, including the proportion funded with state general fund/general purpose revenues, the proportion funded with state restricted revenues, the proportion funded with federal revenues, and the proportion funded with other revenues.
Sec. 11-208. Funds appropriated in part 1 shall not be used by a principal executive department, state agency, or authority to hire a person to provide legal services that are the responsibility of the attorney general. This prohibition does not apply to legal services for bonding activities and for those outside services that the attorney general authorizes.
Sec. 11-209. Not later than December 31, the state budget office shall prepare and transmit a report that provides for estimates of the total general fund/general purpose appropriation lapses at the close of the prior fiscal year. This report shall summarize the projected year-end general fund/general purpose appropriation lapses by major departmental program or program areas. The report shall be transmitted to the chairpersons of the senate and house appropriations committees and the senate and house fiscal agencies.
Sec. 11-210. (1) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $30,000,000.00 for federal contingency funds. These funds are not available for expenditure until they have been transferred to another line item in this article under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.
(2) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $10,000,000.00 for state restricted contingency funds. These funds are not available for expenditure until they have been transferred to another line item in this article under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.
(3) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $2,000,000.00 for local contingency funds. These funds are not available for expenditure until they have been transferred to another line item in this article under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.
(4) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $5,000,000.00 for private contingency funds. These funds are not available for expenditure until they have been transferred to another line item in this article under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.
Sec. 11-211. From the funds appropriated in part 1, the department shall provide to the department of technology, management and budget information sufficient to maintain a searchable website accessible by the public at no cost that includes, but is not limited to, all of the following for each department or agency:
(a) Fiscal year-to-date expenditures by category.
(b) Fiscal year-to-date expenditures by appropriation unit.
(c) Fiscal year-to-date payments to a selected vendor, including the vendor name, payment date, payment amount, and payment description.
(d) The number of active department employees by job classification.
(e) Job specifications and wage rates.
Sec. 11-212. Within 14 days after the release of the executive budget recommendation, the department shall provide to the state budget office information sufficient to provide the senate and house appropriations chairs, the senate and house appropriations subcommittees chairs, and the senate and house fiscal agencies with an annual report on estimated state restricted fund balances, state restricted fund projected revenues, and state restricted fund expenditures for the fiscal years ending September 30, 2022 and September 30, 2023.
Sec. 11-213. The department shall maintain, on a publicly accessible website, a department scorecard that identifies, tracks, and regularly updates key metrics that are used to monitor and improve the department's performance.
Sec. 11-214. Total authorized appropriations from all sources under part 1 for legacy costs for the fiscal year ending September 30, 2023 are estimated at $65,125,800.00. From this amount, total agency appropriations for pension-related legacy costs are estimated at $39,539,900.00. Total agency appropriations for retiree health care legacy costs are estimated at $25,585,900.00.
Sec. 11-215. Federal pass-through funds to local institutions and governments that are received in amounts in addition to those included in part 1 and that do not require additional state matching funds are appropriated for the purposes intended. The department may carry forward into the succeeding fiscal year unexpended federal pass-through funds to local institutions and governments that do not require additional state matching funds. The department shall report the amount and source of the funds to the relevant senate and house of representatives appropriations subcommittees, the senate and house fiscal agencies, and the state budget director within 10 business days after receiving any additional pass-through funds.
Sec. 11-216. (1) Grants supported with private revenues received by the department are appropriated upon receipt and are available for expenditure by the department, subject to subsection (3), for purposes specified within the grant agreement and as permitted under state and federal law.
(2) Within 10 days after the receipt of a private grant appropriated in subsection (1), the department shall notify the house and senate chairpersons of the subcommittees, the senate and house fiscal agencies, and the state budget director of the receipt of the grant, including the fund source, purpose, and amount of the grant.
(3) The amount appropriated under subsection (1) shall not exceed $1,500,000.00.
Sec. 11-217. (1) The department may charge registration fees to attendees of informational, training, or special events sponsored by the department, and related to activities that are under the department's purview.
(2) These fees shall reflect the costs for the department to sponsor the informational, training, or special events.
(3) Revenue generated by the registration fees is appropriated upon receipt and available for expenditure to cover the department's costs of sponsoring informational, training, or special events.
(4) Revenue generated by registration fees in excess of the department's costs of sponsoring informational, training, or special events shall carry forward to the subsequent fiscal year and not lapse to the general fund.
(5) The amount appropriated under subsection (3) shall not exceed $500,000.00.
Sec. 11-218. (1) The department may sell documents at a price not to exceed the cost of production and distribution. Money received from the sale of these documents shall revert to the department. In addition to the funds appropriated in part 1, these funds are available for expenditure when they are received by the department of treasury. This subsection applies only 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. 11-219. If the revenue collected by the department for radiological health administration and projects from fees and collections exceeds the amount appropriated in part 1, the revenue may be carried forward into the subsequent fiscal year. The revenue carried forward under this section shall be used as the first source of funds in the subsequent fiscal year.
STATE LAND BANK AUTHORITY
Sec. 11-995. In addition to the amounts appropriated in part 1, the state land bank authority may expend revenues received under the land bank fast track act, 2003 PA 258, MCL 124.751 to 124.774, for the purposes authorized by the act, including, but not limited to, the acquisition, lease, management, demolition, maintenance, or rehabilitation of real or personal property, payment of debt service for notes or bonds issued by the authority, and other expenses to clear or quiet title property held by the authority.
MICHIGAN STRATEGIC FUND
Sec. 11-1005. In addition to the appropriations in part 1, Travel Michigan may receive and expend private revenue related to the use of "Pure Michigan" and all other copyrighted slogans and images. This revenue may come from the direct licensing of the name and image or from the royalty payments from various merchandise sales. Revenue collected is appropriated for the marketing of the state as a travel destination. The funds are available for expenditure when they are received by the department of treasury. If the fund receives revenues from the use of "Pure Michigan", the fund shall provide a report that lists the revenues by source received from the use of "Pure Michigan" and all other copyrighted slogans and images. The report shall provide a detailed list of expenditures of revenues received under this section. The report shall be provided to the chairpersons of the senate and house of representatives standing committees on appropriations, the relevant senate and house of representatives appropriations subcommittees, the house and senate fiscal agencies, and the state budget director by March 1.
Sec. 11-1005a. (1) From the funds appropriated in part 1 for Pure Michigan, general fund dollars shall be appropriated for the following purposes:
(a) Conduction of market research regionally, nationally, and internationally for use in market campaigns.
(b) Production of advertisements for the promotion of Michigan as a place to live, work, and play.
(c) Placement of advertisements in regional, national, and international market campaigns.
(d) Administration of the program.
(e) Other activities that promote Michigan as a place to live, work, and play.
(f) Matching marketing campaigns funded from the local promotion fund or private promotion fund.
(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. 11-1005b. (1) A local promotion fund is created in the department of labor and economic opportunity. 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. 11-1005c. (1) A private promotion fund is created in the department of labor and economic opportunity. 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.
(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. 11-1007. (1) As a condition of receiving funds appropriated in part 1, the fund shall request the following information from the MEDC:
(a) Approved budget from the MEDC executive committee for the current fiscal year and actual budget expenditures for the preceding fiscal years.
(b) Expenditures and revenues as part of the current and preceding year budgets, including the available fund balance for the current and preceding fiscal years.
(c) The total number of FTEs, by state and corporate status.
(d) A reporting of activities, programs, and grants consistent with the preceding fiscal year budget.
(2) Information received by the MSF pursuant to this section shall be posted online and distributed to the chairpersons of the senate and house of representatives standing committees on appropriations, the chairpersons of the relevant senate and house of representatives appropriations subcommittees, the senate and house fiscal agencies, and the state budget director by March 15.
Sec. 11-1008. As a condition of receiving funds under part 1, any interlocal agreement entered into by the fund shall include language which states that if a local unit of government has a contract or memorandum of understanding with a private economic development agency, the MEDC will work cooperatively with that private organization in that local area.
Sec. 11-1010. As a condition for receiving funds in part 1, not later than March 15, the fund shall provide a report for the immediately preceding fiscal year on the jobs for Michigan investment fund, created in section 88h of the Michigan strategic fund act, 1984 PA 270, MCL 125.2088h. The report shall be submitted to the chairpersons of the senate and house of representatives standing committees on appropriations, the chairpersons of the relevant senate and house of representatives appropriations subcommittees, the senate and house fiscal agencies, and the state budget director. The report shall include, but is not limited to, all of the following:
(a) A detailed listing of revenues, by fund source, to the jobs for Michigan investment fund. The listing shall include the manner and reason for which the funds were appropriated to the jobs for Michigan investment fund.
(b) A detailed listing of expenditures, by project, from the jobs for Michigan investment fund.
(c) A fiscal year-end balance of the jobs for Michigan investment fund.
Sec. 11-1011. (1) From the appropriations in part 1 to the fund and granted or transferred to the MEDC, any unexpended or unencumbered balance shall be disposed of in accordance with the requirements in the management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594, unless carryforward authorization has been otherwise provided for.
(2) Any encumbered funds, including encumbered funds subsequently unobligated, shall be used for the same purposes for which funding was originally appropriated in this part and part 1.
(3) For funds appropriated in part 1 to the fund, any carryforward authorization subsequently created through a work project shall be preserved until a cash or accrued expenditure has been executed or the allowable work project time period has expired.
Sec. 11-1012. (1) As a condition of receiving funds under part 1, the fund shall ensure that the MEDC and the fund comply with all of the following:
(a) The freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.
(b) The open meetings act, 1976 PA 267, MCL 15.261 to 15.275.
(c) Annual audits of all financial records by the auditor general or his or her designee.
(d) All reports required by law to be submitted to the legislature.
(2) If the MEDC is unable for any reason to perform duties under this part, the fund may exercise those duties.
Sec. 11-1024. From the funds appropriated in part 1 for business attraction and community revitalization, not less than 20% shall be granted by the fund board for brownfield redevelopment and historic preservation projects under the community revitalization program authorized by chapter 8C of the Michigan strategic fund act, 1984 PA 270, MCL 125.2090 to 125.2090d.
Sec. 11-1032. (1) The fund shall report to the chairpersons of the senate and house of representatives standing committees on appropriations, the relevant senate and house of representatives appropriations subcommittees, the state budget director, and the senate and house fiscal agencies on the status of the film incentives at the same time as it submits the annual report required under section 455 of the Michigan business tax act, 2007 PA 36, MCL 208.1455. The department of treasury shall provide the fund with the data necessary to prepare the report. Incentives included in the report shall include all of the following:
(a) The tax credit provided under section 455 of the Michigan business tax act, 2007 PA 36, MCL 208.1455.
(b) The tax credit provided under section 457 of the Michigan business tax act, 2007 PA 36, MCL 208.1457.
(c) The tax credit provided under section 459 of the Michigan business tax act, 2007 PA 36, MCL 208.1459.
(d) The amount of any tax credit claimed under former section 367 of the income tax act of 1967, 1967 PA 281.
(e) Any tax credits provided for film and digital media production under the Michigan economic growth authority act, 1995 PA 24, MCL 207.801 to 207.810.
(f) Loans to an eligible production company or film and digital media private equity fund authorized under section 88d(3), (4), and (5) of the Michigan strategic fund act, 1984 PA 270, MCL 125.2088d.
(2) The report shall include all of the following information:
(a) For each tax credit, the number of contracts signed, the projected expenditures qualifying for the credit, and the estimated value of the credits. For loans, the number of loans made under each section, the interest rate of those loans, the loan amount, the percent of the projected budget of each production financed by those loans, and the estimated interest earnings from the loan.
(b) For credits authorized under section 455 of the Michigan business tax act, 2007 PA 36, MCL 208.1455, for productions completed by December 31, the expenditures of each production eligible for the credit that has filed a request for certificate of completion with the film office, broken down into expenditures for goods, services, or salaries and wages and showing separately expenditures in each local unit of government, including expenditures for personnel, whether or not they were made to a Michigan entity, and whether or not they were taxable under the laws of this state. For loans, the report shall include the number of loans that have been fully repaid, with principal and interest shown separately, and the number of loans that are delinquent or in default, and the amount of principal that is delinquent or is in default.
(c) For each of the tax credit incentives and loan incentives listed in subsection (1), a breakdown for each project or production showing each of the following:
(i) The number of temporary jobs created.
(ii) The number of permanent jobs created.
(iii) The number of persons employed in Michigan as a result of the incentive, on a full-time equated basis.
(3) For any information not included in the report due to the provisions of section 455(6), 457(6), or 459(6) of the Michigan business tax act, 2007 PA 36, MCL 208.1455, 208.1457, and 208.1459, the report shall do all of the following:
(a) Indicate how the information would describe the commercial and financial operations or intellectual property of the company.
(b) Attest that the information has not been publicly disseminated at any time.
(c) Describe how disclosure of the information may put the company at a competitive disadvantage.
(4) Any information not disclosed due to the provisions of section 455(6), 457(6), or 459(6) of the Michigan business tax act, 2007 PA 36, MCL 208.1455, 208.1457, and 208.1459, shall be presented at the lowest level of aggregation that would no longer describe the commercial and financial operations or intellectual property of the company.
Sec. 11-1034. 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. 11-1035. (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.
(c) Grants are to be made to public and private arts and cultural entities.
(d) Within 1 business day after the award announcements, the council shall provide to each member of the legislature and the fiscal agencies a list of all grant recipients and the total award given to each recipient, sorted by county.
(e) In addition to the information in subdivision (d), the council shall report on the number of applications received, number of grants awarded, total amount requested from applications received, and total amount of grants awarded.
Sec. 11-1036. (1) The general fund/general purpose funds appropriated in part 1 to the fund for business attraction and community revitalization shall be transferred to the 21st century jobs trust fund per section 90b(3) of the Michigan strategic fund act, 1984 PA 270, MCL 125.2090b.
(2) Funds transferred to the 21st century jobs trust fund under subsection (1) are appropriated and available for allocation as authorized in the Michigan strategic fund act, 1984 PA 270, MCL 125.2001 to 125.2094.
Sec. 11-1042. For the funds appropriated in part 1 for business attraction and community revitalization, the fund shall report quarterly on the amount of funds considered appropriated, pre-encumbered, encumbered, and expended. The report shall also include a listing of all previous appropriations for business attraction and community revitalization, or a predecessor, that were considered appropriated, pre-encumbered, encumbered, or expended that have lapsed back to the fund for any purpose. The report shall be submitted to the chairpersons of the senate and house of representatives standing committees on appropriations, the chairpersons of the relevant senate and house of representatives appropriations subcommittees, the senate and house fiscal agencies, and the state budget director.
Sec. 11-1043. (1) The fund, in conjunction with the department of treasury, shall report to the chairpersons of the senate and house of representatives standing committees on appropriations, the relevant senate and house of representatives appropriations subcommittees, the senate and house fiscal agencies, and the state budget director by November 1 on the annual cost of the MEGA tax credits. The report shall include for each year the board-approved credit amount, adjusted for credit amendments where applicable, and the actual and projected value of tax credits for each year from 1995 to the expiration of the credit program. For years for which credit claims are complete, the report shall include the total of actual certificated credit amounts. For years for which claims are still pending or not yet submitted, the report shall include a combination of actual credits where available and projected credits. Credit projections shall be based on updated estimates of employees, wages, and benefits for eligible companies.
(2) In addition to the report under subsection (1), the fund, in conjunction with the department of treasury, shall report to the relevant senate and house of representatives appropriations subcommittees, the senate and house fiscal agencies, and the state budget director by November 1 on the annual cost of all other certificated credits by program, for each year until the credits expire or can no longer be collected. The report shall include estimates on the brownfield redevelopment credit, film credits, MEGA photovoltaic technology credit, MEGA polycrystalline silicon manufacturing credit, MEGA vehicle battery credit, and other certificated credits.
Sec. 11-1044. As a condition of receiving appropriations in part 1, prior to authorizing the transfer of any previously authorized tax credit that would increase the liability to this state, the fund, on behalf of the MSF board, shall notify the chairpersons of the senate and house of representatives standing committees on appropriations, the chairpersons of the relevant senate and house of representatives appropriations subcommittees, the senate and house fiscal agencies, and the state budget director not fewer than 30 days prior to the authorization of the tax credit transfer.
Sec. 11-1050. (1) From the funds appropriated in part 1 for business attraction and community revitalization, the fund shall identify specific outcomes and performance measures, including, but not limited to, the following:
(a) Total verified jobs created by the business attraction program during the fiscal year ending September 30, 2023.
(b) Total private investment obtained through the business attraction and community revitalization programs during the fiscal year ending September 30, 2023.
(c) Amount of private and public square footage created and reactivated through the community revitalization program during the fiscal year ending September 30, 2023.
(2) The fund must submit a report to the chairpersons of the senate and house of representatives standing committees on appropriations, the relevant senate and house of representatives appropriations subcommittees, the senate and house fiscal agencies, and the state budget director by March 15. The report must describe the specific outcomes and measures required in subsection (1) and provide the results and data related to these outcomes and measures for the prior fiscal year if related information is available for the prior fiscal year.
Sec. 11-1051. In addition to the funds appropriated in part 1, the funds collected by state historic preservation programs for document reproduction and services and application fees are appropriated for all expenses necessary to provide the required services. These funds are available for expenditure when they are received and may be carried forward into the succeeding fiscal year.
Sec. 11-1053. Tax capture revenues collected in accordance with 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 pursuant to the provisions of chapter 8D of the Michigan strategic fund act, 1984 PA 270, MCL 125.2090g to 125.2090j.
Sec. 11-1054. Tax capture revenues collected in accordance with written agreements under the employment opportunity program and transferred from the general fund for deposit into the employment opportunity fund, and for both calculated payments from the employment opportunity fund to authorized businesses and distributions to the Michigan strategic fund for administrative expenses, are appropriated pursuant to the provisions of chapter 8F of the Michigan strategic fund act, 1984 PA 270, MCL 125.2090t to 125.2090w.
WORKFORCE DEVELOPMENT AND UNEMPLOYMENT
Sec. 11-1060. The department shall administer the PATH training program in accordance with the requirements of section 407(d) of title IV of the social security act, 42 USC 607, the state social welfare act, 1939 PA 280, MCL 400.1 to 400.119b, and all other applicable laws and regulations.
Sec. 11-1061. From the funds appropriated in part 1 for workforce programs subgrantees, the department may allocate funding for grants to nonprofit organizations that offer programs pursuant to the workforce innovation and opportunity act, 29 USC 3101 to 3361, eligible youth focusing on apprenticeship readiness, pre-apprenticeship and apprenticeship activities, entrepreneurship, work-readiness skills, job shadowing, and financial literacy. Organizations eligible for funding under this section must have the capacity to provide similar programs in urban areas, as determined by the United States Bureau of the Census according to the most recent federal decennial census. Additionally, programs eligible for funding under this section must include the participation of local business partners. The department shall develop other appropriate eligibility requirements to ensure compliance with applicable federal rules and regulations.
Sec. 11-1062. 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. 11-1063. (1) In addition to the funds appropriated in part 1, any unencumbered and unrestricted federal workforce innovation and opportunity act, 29 USC 3101 to 3361, or trade adjustment assistance funds available from prior fiscal years are appropriated for the purposes originally intended.
(2) The department shall report by February 15 to the relevant senate and house of representatives appropriations subcommittees, the senate and house fiscal agencies, and the state budget director on the amount by fiscal year of federal workforce innovation and opportunity act, 29 USC 3101 to 3361, funds appropriated under this section.
Sec. 11-1064. The department shall provide a report on going pro expenditures, by program or grant type, for the prior fiscal year. In addition, the report shall include projected expenditures, by program or grant type, for the current fiscal year. The report shall be posted online and distributed to the chairpersons of the senate and house of representatives standing committees on appropriations, the chairpersons of the relevant senate and house of representatives appropriations subcommittees, the senate and house fiscal agencies, and the state budget director by March 15.
Sec. 11-1065. 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.
(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, or new USDOL 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. 11-1066. To the extent consistent with sections 7 and 9 of the going pro talent fund act, 2018 PA 260, MCL 408.157 and 408.159, the department shall administer the program as follows:
(a) The department shall work cooperatively with grantees to maximize the amount of funds from part 1 that are available for direct training.
(b) The department, workforce development partners, including regional Michigan Works! agencies, and employers shall collaborate and work cooperatively to prioritize and streamline the expenditure of the funds appropriated in part 1. The department shall ensure that going pro provides a collaborative statewide network of workforce and employee skill development partners that addresses the employee talent needs throughout the state.
(c) The department shall ensure that grants are utilized for individual skill enhancement and to address in-demand talent needs in Michigan.
(d) The department shall develop program goals and detailed guidance for prospective participants to follow to qualify under the program. The program goals and detailed guidance shall be posted on the department website and distributed to workforce development partners, including local Michigan Works! agencies, by October 1. Periodic assessments of employer and employee needs shall be evaluated on a regional basis, and the department shall identify solutions and goals to be implemented to satisfy those needs. Revenue received by the department for going pro may be expended for the purpose of those programs.
(e) Up to $5,000,000.00 of the funds may be expended to match federal funds to improve and increase the skill level of employees in skilled trades and manufacturing processes within the changing manufacturing environment.
(f) Up to $250,000.00 of the funds shall be awarded to a national, nonprofit program that connects National Guard, reserve, retired, and transitioning active-duty military service members with skilled training and quality career opportunities in the construction industry. Grant funding must be used to recruit and assist veterans to transition into apprenticeship programs in this state.
Sec. 11-1067. (1) The funds appropriated in part 1 for MiSTEM advisory council shall be used to support the staff for the MiSTEM network, and for administrative, training, and travel costs related to the MiSTEM council. The staff for the MiSTEM network shall do all of the following:
(a) Serve as a liaison among and between the department, the department of education, the MiSTEM council, the governor's workforce development board, the MiSTEM regions, and any other relevant organization or entity in a manner that creates a robust statewide STEM culture, that empowers STEM teachers, that integrates business and education into the STEM network, and that ensures high-quality STEM experiences for pupils.
(b) Coordinate the implementation of a marketing campaign, including, but not limited to, a website that includes dashboards of outcomes, to build STEM awareness and communicate STEM needs and opportunities to pupils, parents, educators, and the business community.
(c) Work with the department of education and the MiSTEM council to coordinate, award, and monitor MiSTEM state and federal grants to the MiSTEM network regions and conduct reviews of grant recipients, including, but not limited to, pupil experience and feedback.
(d) Report to the governor, the legislature, and the MiSTEM council annually on the activities and performance of the MiSTEM network regions.
(e) Coordinate recurring discussions and work with regional staff to ensure that a network or loop of feedback and best practices are shared, including funding, programming, professional learning opportunities, discussion of MiSTEM strategic vision, and regional objectives.
(f) Coordinate major grant application efforts with the MiSTEM council to assist regional staff with grant applications on a local level. The MiSTEM council shall leverage private and nonprofit relationships to coordinate and align private funds in addition to funds appropriated under this section.
(g) Train state and regional staff in the STEMworks rating system, in collaboration with the MiSTEM council and the department of education.
(h) Hire MiSTEM network region staff in collaboration with the network region fiscal agent.
Sec. 11-1068. (1) Of the funds appropriated in part 1 for the workforce training programs, the department shall provide a report by March 15 to the relevant senate and house of representatives appropriation subcommittees, the state budget director, and the senate and house fiscal agencies on the status of the workforce training programs. The report shall include the following:
(a) The amount of funding allocated to each Michigan Works! agency and the total funding allocated to the workforce training programs statewide by fund source.
(b) The number of participants enrolled in education or training programs by each Michigan Works! agency.
(c) The average duration of training for training program participants by each Michigan Works! agency.
(d) The number of participants enrolled in remedial education programs and the number of participants enrolled in literacy programs.
(e) The number of participants enrolled in programs at 2-year institutions.
(f) The number of participants enrolled in programs at 4-year institutions.
(g) The number of participants enrolled in proprietary schools or other technical training programs.
(h) The number of participants that have completed education or training programs.
(i) The number of participants who secured employment in Michigan within 1 year of completing a training program.
(j) The number of participants who completed a training program and secured employment in a field related to their training.
(k) The average wage earned by participants who completed a training program and secured employment within 1 year.
(l) The actual revenues received by the fund source and fund appropriated for each discrete workforce development program area.
(2) Data collection for the report shall be for the prior state fiscal year.
Sec. 11-1070. (1) From the funds appropriated in part 1 for going pro, $1,500,000.00 must be awarded for a program to assist adults over the age of 23 in obtaining high school diplomas and placement in career training programs.
(2) For purposes of this section, an eligible program provider may be a public, nonprofit, or private accredited diploma-granting institution, but must have at least 2 years of experience providing dropout recovery services in this state.
(3) The department shall issue a request for qualifications for eligible program providers to participate in the pilot program. To be considered a qualified program provider, the institution must possess all of the following:
(a) Experience providing dropout reengagement services.
(b) Ability to provide academic intake assessments.
(c) Capacity to provide an integrated learning plan.
(d) Course catalog that includes access to all graduation requirements.
(e) Capability to provide remediation coursework.
(f) Means to provide academic resilience assessment and intervention.
(g) Capacity to provide employability skills development.
(h) Ability to provide WorkKeys preparation.
(i) Ability to provide industry credentials.
(j) Capability to provide credit for on-the-job training.
(k) Access to a robust support framework, including technology, social support, and academic support accredited by a recognized accrediting body.
(4) The department shall announce qualified program providers no later than January 1, 2023. Qualified program providers must start providing programming by February 1, 2023.
(5) The department shall reimburse qualified program providers for each month of satisfactory monthly progress as described in section 23a of the state school aid act, 1979 PA 94, MCL 388.1623a, at a rate of $500.00 per month. A payment shall be made to a qualified program provider for the completion of the following by a pupil:
(a) $500.00 for the completion of an employability skills certification program equal to at least 1 unit of high school credit obtained through classroom or online instruction.
(b) $250.00 for the attainment of an industry-recognized credential requiring up to 50 hours of training.
(c) $500.00 for the attainment of an industry-recognized credential requiring 50 to 100 hours of training.
(d) $750.00 for the attainment of an industry-recognized credential requiring more than 100 hours of training.
(e) $1,000.00 for attainment of a high school diploma.
(f) $2,500.00 for placement in a job in an in-demand career pathway.
(6) The department shall develop policies and guidelines to implement this section.
Sec. 11-1071. (1) From the funds appropriated in part 1 for at-risk youth grants, $4,750,000.00 must be awarded to the Michigan franchise holder of the national Jobs for America's Graduates program for administration of the Jobs for Michigan's Graduates program.
(2) From the funds appropriated in part 1 for at-risk youth grants, not more than $1,000,000.00 may be used to match private contributions to the Michigan franchise holder of the national Jobs for America's Graduates program to support the administration of the Jobs for Michigan's Graduates program.
Sec. 11-1072. (1) The funds appropriated in part 1 for the high school equivalency-to-school program shall be used 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.
(c) Required attendance at program instructional sessions.
(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.
Sec. 11-1073. The funds appropriated in part 1 for the Michigan reconnect grant program shall be distributed pursuant to the Michigan reconnect grant act, 2020 PA 84, MCL 390.1701 to 390.1709. In compliance with section 5 of the Michigan reconnect grant act, 2020 PA 84, MCL 390.1705, the funds appropriated in part 1 shall be expended to award grants, administer the program, and support the duties outlined in section 5 of the Michigan reconnect grant act, 2020 PA 84, MCL 390.1705.
Sec. 11-1074. The unemployment insurance agency shall provide a report updated at least quarterly that includes, but is not limited to, fiscal year-to-date administrative expenditures by division and program unit. Each quarterly report shall be transmitted within 60 days after the end of the quarter. The report shall be provided to the house and senate chairpersons of the relevant subcommittees, the house and senate appropriations committees, the house and senate fiscal agencies, and the state budget director.
Sec. 11-1075. (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 that includes, but is not limited to, the following:
(a) The average number of unique claimants for the quarter.
(b) The average number of eligible claimants with certification for the quarter.
(c) The average number of claims paid for the quarter.
(d) The total amount of standard unemployment insurance payments paid for the quarter.
(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 quarterly report on the department's webpage.
Sec. 11-1076. 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.
(c) The total amount of penalties and interest dollars received during the quarter by employer or claimant.
(d) The total amount of collectible penalties and interest still owed to the state by employer or claimant.
(e) The number of fraudulent and noncompliant cases that have been appealed by an employer or claimant during the quarter.
Sec. 11-1077a. Funds appropriated in part 1 for the unemployment insurance agency may be used by the unemployment insurance agency to increase capacity by an estimated 700.0 limited-term FTE positions.
Sec. 11-1078. (1) From the funds appropriated in part 1 for the unemployment insurance agency, the department shall maintain customer service standards for employers and claimants making use of the various means by which they can access the system.
(2) The department shall identify specific outcomes and performance metrics for this initiative, including, but not limited to, the following:
(a) Unemployment benefit fund balance.
(b) Process improvement - fiscal integrity.
(c) Process improvement - determination timeliness.
(d) Process improvement - determination quality.
REHABILITATION SERVICES
Sec. 11-1081. The Michigan rehabilitation services and bureau of services for blind persons shall work collaboratively with service organizations and government entities to identify allowable match dollars to secure available federal vocational rehabilitation funds.
Sec. 11-1082. 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 director. The report shall include, but is not limited to, the following line items:
(a) Plans to integrate Michigan rehabilitative services programs into other services provided by the department.
(b) Quarterly expenditures by major spending category.
(c) Employment and job retention rates from Michigan rehabilitation services.
(d) Success rate of each district in achieving the program goals.
Sec. 11-1083. (1) From the funds appropriated in part 1 for Michigan rehabilitation services, the department may allocate funding and available federal match to support the provision of vocational rehabilitation services to eligible agricultural workers with disabilities. Authorized services shall assist agricultural workers with disabilities in acquiring or maintaining quality employment and independence.
(2) By March 1 of the current fiscal year, the department shall report to the senate and house appropriations subcommittees on the department budget, the senate and house fiscal agencies, the senate and house policy offices, and the state budget director on the total number of clients served and the total amount of federal matching funds obtained throughout the duration of the program.
Sec. 11-1084. If the department is at risk of entering into an order of selection for services, the department shall notify the chairs of the senate and house appropriations subcommittees on the department budget and the senate and house fiscal agencies and policy offices within 2 weeks of receiving notification.
Sec. 11-1086. (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. 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. The funds appropriated in part 1 may be used to leverage federal vocational rehabilitation funds, if available. If the possibility of matching federal funds exists, the centers for independent living network will negotiate a cooperative agreement with Michigan rehabilitation services.
(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 director on direct customer and system outcomes and performance measures.
Sec. 11-1087. (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. 11-1088. 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. 11-1089. (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. 11-1090. 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.
(c) Description of the activities that the commissions initiated to promote cooperation between the commissions.
(d) Total number of meetings that each commission held with foreign diplomats.
(e) Programmatic costs of each commission.
Sec. 11-1092. 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) The number of refugee arrivals including the job placement rate of those actively receiving services under the global Michigan grants, and the average wage and initial job placements for those individuals.
(b) The number of program/partner/employer referrals conducted through the Michigan international talent solutions program.
(c) A description of the activities that the office has conducted to attract and retain international, advanced degree, and entrepreneurial talent.
ONE-TIME APPROPRIATIONS
Sec. 11-1094. (1) From the one-time funds appropriated in part 1, the Michigan council for arts and cultural affairs shall establish and administer a nature, science, and cultural experiences competitive grant program. Grants shall be awarded to cultural, educational, or governmental organizations that are anchors and catalysts within their communities. The grants should focus on projects that bring art, science, nature, history, and culture to Michigan residents, provide an economic benefit to Michigan communities, and preserve and celebrate Michigan's cultural diversity and natural beauty.
(2) The Michigan council for arts and cultural affairs shall develop a distinct application process including selection criteria for the nature, science, and cultural experiences competitive grant program which shall be posted on the Michigan council for arts and cultural affairs website and includes, but is not limited to, the following:
(a) On or before February 1, the council shall publish proposed application criteria, instructions, and forms for use by prospective applicants. The Michigan council for arts and cultural affairs may determine the appropriate deadline for applications.
(b) Awards shall be made on or before June 15. A complete list of awardees may be posted on the Michigan council for arts and cultural affairs website within one day of making the awards.
(c) Awards shall be disbursed in a manner prescribed by the department.
(d) Grantees shall be required to provide a 50 percent match for the project.
(e) Award recipients must provide a status report in a manner prescribed by the department.
Sec. 11-1095. (1) From the funds appropriated in part 1 for international talent attraction, the department shall establish a grant program for the purpose of attracting established and start-up businesses founded or headquartered outside of the United States to either locate or relocate their corporate headquarters to this state. The department shall identify specific market areas in which to focus these attraction efforts.
(2) Grants awarded under this section shall only be distributed to Michigan-based entities with experience in international trade, venture capital, and private equity markets in Michigan. Funds distributed under in this section may be used to:
(a) Identify, evaluate, attract, or establish businesses and entrepreneurs best suited to locate or relocate their corporate headquarters to this state.
(b) To provide business assistance services to businesses and entrepreneurs locating or relocating their corporate headquarters to this state under this section.
(3) Entities awarded grants under this section shall report the following to the department by September 1, 2023:
(a) The number of businesses and start-up businesses that were identified to relocate to this state.
(b) Barriers that have prevented businesses and entrepreneurs from relocating their headquarters to the state.
(c) The number of businesses that have relocated or are in the process of relocating to this state.
(4) The department shall report to the senate and house appropriations committees, the senate and house appropriations subcommittees for the department, the senate and house fiscal agencies and the state budget director by September 30, 2023 on the information provided in subsection (3) in summary fashion and by grantee.
Sec. 11-1096. (1) From the funds appropriated in part 1 for the Michigan regional empowerment program, the department shall support the growth, development, diversification and resiliency of regional economies in the state by creating a competitive grant program to leverage state, local and multi-jurisdictional partnerships through transformational investments that fulfill the objectives of local strategic plans and provide long-term sustainable economic benefit to the local region and the state.
(2) The department shall develop program guidelines and eligibility criteria for the program and post that information on its publicly accessible website no less than 60 days prior to the due date of the application. The program guidelines developed by the department, at a minimum, shall include the following:
(a) Eligible applicants shall be local units of government that include one or more multi-jurisdictional quasi-governmental agency, non-profit organization, or tribal government as part of a collaborative partnership. The economic regions may be self-determined by local governments and their multi-jurisdictional partners. The department shall ensure there is geographic equity in the selection of grant awards.
(b) Eligible projects shall be transformational and derived from existing local government or multi-jurisdictional economic development or other long-term strategic plans approved by the respective governing body that provide long-term sustainable economic benefit to the local region and the state. Eligible projects may include, but are not limited to, affordable housing, broadband access and adoption, small business development, commercial and mixed-use development, manufacturing, agricultural production, capital infrastructure, education and workforce development, and tourism.
(c) Selection criteria shall include, but is not limited to, the following:
(i) Transformational nature of the project and its significant long-term economic benefit to the region.
(ii) Multijurisdictional, intergovernmental, industry, business, labor, non-profit and other community support.
(iii) Local cost share.
(iv) Impact on economically distressed communities and residents from underrepresented populations.
(v) Potential for cost savings or increased tax revenue to local units of government.
(vi) Projected increased economic activity to the region.
(vii) Long-term sustainability of the investment to the region's economy.
(d) A local cost share of no less than 50 percent shall be required for each project that includes an applicant county with a population of 350,000 or greater. A local cost share of no less than 35 percent shall be required for each project that includes an applicant county with a population between 100,000 and 349,999. A local cost share of no less than 20 percent in which all applicant counties have a population of 99,999 or less. The county population totals shall be drawn from the 2020 U.S. Census Bureau State Redistricting Data. The local cost share may be derived from any source, including from local government, quasi-governmental, non-profit, philanthropic, and private resources.
(3) The department shall execute a grant agreement with each awardee as a condition of the award. The grant agreement shall include, but is not limited to, a description of the project for which the grant funds will be expended, including tentative timeline, estimated budget and commitment of local cost share resources. No expenditures outside of the project purpose, as stated in the executed grant agreement, shall be expended from appropriations in part 1. The awardee shall provide sufficient documentation, as determined by the department, to verify that all expenditures were made in accordance with the project purpose. The department shall require the submission of quarterly reports from the awardee that provide the status of the project and the accounting of all funds expended by the awardee to-date. The department shall also require a claw-back provision that allows the state to recoup or otherwise collect any funds that are declined, unspent, or otherwise misused. The awardee shall respond to all reasonable information requests from the department related to the grant or expenditures from the grant and shall retain grant records for a period of not less than 3 years, and consent to audit and site visits as determined by the department. All funds awarded shall be expended by September 30, 2025. If at that time, as evidenced by the quarterly reports, any unexpended state 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 an awardee.
(4) If an awardee does not provide information sufficient to execute a grant agreement by August 15, 2023, state funds associated with that grant shall not be disbursed and shall be subsequently awarded by the department within 30 days to other applicant projects in a manner consistent with the published program guidelines and eligibility criteria.
(5) The department may expend up to 1.5 percent and is authorized 1.0 limited-term FTE position for administration of the program.
(6) Within 60 days of the last award being made pursuant to the procedures in subsection (4), the department shall report to the senate and house appropriations committees, the senate and house appropriations subcommittees for the department, the senate and house fiscal agencies, and the state budget director the name of the awardee, a summary of the project, the county that the awardee is located, and the amount of the award.
Sec. 11-1097. From the funds appropriated in part 1 for the statewide pre-apprenticeship program, $10,000,000.00 shall be awarded to a nonprofit 501(c)(3) corporation with demonstrated effectiveness in the administration of an apprenticeship readiness program that increases the state's talent pool in building trades and construction, or other skilled trades occupations. The demonstrated effectiveness must include prior experience in administering programs in multiple regions in Michigan. The apprenticeship readiness program shall enroll Michigan residents into pre-apprenticeship training that will assist them in achieving employment in the expanding building trades and construction industry, or skilled trades occupations in other industries. The program shall prioritize pre-apprenticeship training in economically distressed communities and target residents from underrepresented populations, including, but not limited to, unemployed, underemployed, low-income, minorities, and women, providing them with the skills needed for immediate entry into federally registered apprenticeship programs with contractors in the building trades and construction industry, or skilled trades occupations in other industries.
Sec. 11-1098. (1) The funds appropriated in part 1 for transformational education infrastructure are intended to challenge innovation and new collaborative approaches among higher education institutions and other synergistic partners in health science, medical education, and the electrification of vehicles and mobility to ensure Michigan remains at the forefront leading advancement in these fields. Program guidelines and eligibility criteria for the award of competitive grants in these fields shall be developed by the department and include, at a minimum, the following:
(a) No less than $100,000,000.00 shall be distributed to an eligible entity as a grant in support of a collaborative project to improve medical education and health sciences within this state. The purpose of this grant is to improve access to medical education, to develop state-of-the-art cancer research laboratories, and improve community health infrastructure and access. A grant awarded in this section shall not account for more than 25 percent of the total estimated project cost. An eligible entity under subsection 1(a) shall include a public institution of higher education that has entered into a partnership agreement with a National Cancer Institute comprehensive cancer center.
(b) No less than $130,000,000.00 shall be distributed to an eligible entity as a grant in support of a collaborative project to improve electric vehicle teaching, training, and development opportunities in this state. The purpose of this grant is to increase educational opportunities within a college of engineering specific to electric vehicles and to develop an economic development strategy within this state to address the emerging electric vehicle market through research, development, and manufacturing jobs. An eligible entity under subsection 1(b) shall include a public institution of higher education in this state that has developed a collaborative and diverse research consortia with at least one other public higher education institution in this state and Michigan-based companies with expertise in automotive manufacturing and electric vehicle construction.
(2) The department shall submit a report no later than September 30, 2023, to the senate and house appropriations committees, the senate and house appropriations subcommittees for the department, the senate and house fiscal agencies and the state budget director on the entities to whom the grants were awarded, a brief description of the awarded project, key milestones and timelines, and the total amount of the award.
Sec. 11-1099. (1) From the one-time funds appropriated in part 1, the state land bank authority shall establish and administer an attainable homeownership and apprenticeship program. These funds shall be used to support the acquisition, renovation, and resale of properties in land bank inventories to increase access to attainable housing and expand apprenticeship training opportunities in communities across the state. Funds shall be used to subsidize the difference between acquisition and renovation cost, and mortgageable value for low-to-moderate income households between 60 - 120 percent of the area median income.
(2) The state land bank authority in consultation with the Michigan state housing development authority, the department of labor and economic opportunity, and the Michigan office of rural development, established in Executive Directive 2022-1, shall develop program guidelines to be posted on the department's publicly accessible website on or before December 1, 2022. Program guidelines shall include, but are not limited to, the following:
(a) The state land bank authority shall collaborate with county land banks to identify qualifying properties for participation in the program. No less than 20 percent of the funds allocated for acquisition and renovation shall be allocated to rural county land banks.
(b) The state land bank authority shall coordinate with developers for the renovation of acquired homes. All participating developers are required to partner with a local workforce development program for apprenticeship training and require paid apprentices on each home renovated through this program.
(c) The program shall require a 50 percent local match from partnering entities. If necessary, the state land bank authority may modify this match requirement for partnering entities in rural counties with a population less than 50,000 per the U.S. Census Bureau 2020 State Redistricting Data to enable their participation in the program.
(3) The department shall report to the senate and house appropriations committees, the senate and house appropriations subcommittees for the department, the senate and house fiscal agencies, and the state budget director by September 30, 2023 on the status of the program. This report shall include, but is not limited to, the following:
(a) The number of houses acquired, renovated, and resold through this program, by county.
(b) Number of paid apprentices working on houses renovated through this program, by county.
(c) Average renovation cost for houses acquired, renovated, and resold, by county.
(d) Average sale price of houses renovated and sold through the program, by county.
Sec. 11-1100. (1) From the funds appropriated in part 1 for Michigan local heroes marketing campaign, the department shall develop a comprehensive statewide marketing campaign that promotes public service careers and encourages current and future job seekers to explore in demand career pathways as police officers, firefighters, health care workers, teachers, or in any of the many other public service professions in which they can serve their community. These funds shall support the following activities:
(a) A comprehensive statewide marketing campaign.
(b) A co-marketing program with local Michigan Works! agencies to tailor messaging to local community needs.
(c) Upgrades to job matching information technology systems.
(d) Market research to explore the barriers to filling public sector occupations and to understand how Michigan's labor force participation impacts these occupations.
(2) The department may expend up to 5 percent for expenses related to the implementation of this program including hiring up to 2.0 limited-term FTE positions.
Sec. 11-1101. From the funds appropriated in part 1 for talent retention and expansion, $20,000,000.00 shall be used for sector strategies in key industries to support the creation of good and promising jobs that make Michigan's economy more resilient by addressing talent shortages in current and future growth sectors in every region of the state. Funds may be used for, but not limited to, convening and developing employer-led collaboratives to address talent gaps, as well as for training and activities proposed by employer-led collaboratives to address identified workforce needs. Up to 3 percent of the funds appropriated for this section may be retained by the department for administration.
Sec. 11-1102. From the funds appropriated in part 1 for barrier removal and employment supports, $15,000,000.00 shall be used for the employment, reemployment, and removal of barriers for at-risk individuals, including the asset limited income constrained employed population, as defined by the United Way. Employment supports and barrier removal may include, but is not limited to, services focused on transportation, childcare, clothing needs, tools for work, and other barriers that prevent individuals from entering and staying in the workforce. Up to 3 percent of the funds appropriated for this section may be retained by the department for administration.
Sec. 11-1103. (1) From the funds appropriated in part 1 for young professionals plus, $15,000,000.00 shall be used to provide work experience, career exploration, and career preparedness for youth and young adults ages 14 to 24 who earn or whose families earn an income at or below the asset limited income constrained employed threshold, as defined by the United Way. Activities supported with these funds may include, but are not limited to:
(a) Wages for paid work experiences.
(b) Employability skills and job readiness training
(c) Classroom training
(d) Stipends for participating in career exploration or career preparedness activities.
(2) Up to 3 percent of the funds appropriated for this section may be retained by the department for administration.
Article 12
LEGISLATURE
PART 1
LINE-ITEM APPROPRIATIONS AND ANTICIPATED APPROPRIATIONS
Sec. 12-101. Subject to the conditions set forth in this article, the amounts listed in this part for the legislature are appropriated for the fiscal year ending September 30, 2023, and are anticipated to be appropriated for the fiscal year ending September 30, 2024, 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...................................... $ 212,605,800 $ 212,605,800
Total interdepartmental grants and interdepartmental
transfers.............................................. 6,654,800 6,654,800
ADJUSTED GROSS APPROPRIATION............................ $ 205,951,000 $ 205,951,000
Total federal revenues................................... 0 0
Total local revenues..................................... 0 0
Total private revenues................................... 428,300 428,300
Total other state restricted revenues................... 7,295,000 7,295,000
State general fund/general purpose...................... $ 198,227,700 $ 198,227,700
State general fund/general purpose schedule:
Ongoing state general fund/general purpose........... 198,227,700 198,227,700
One-time state general fund/general purpose.......... 0 0
Sec. 12-102. LEGISLATURE
Senate................................................... $ 45,667,400 $ 45,667,400
Senate automated data processing........................ 2,772,600 2,772,600
Senate fiscal agency..................................... 4,337,300 4,337,300
House of representatives................................. 67,355,100 67,355,100
House automated data processing......................... 2,772,600 2,772,600
House fiscal agency...................................... 4,337,300 4,337,300
GROSS APPROPRIATION...................................... $ 127,242,300 $ 127,242,300
Appropriated from:
Special revenue funds:
State general fund/general purpose...................... $ 127,242,300 $ 127,242,300
Sec. 12-103. LEGISLATIVE COUNCIL
Legislative corrections ombudsman....................... $ 1,078,200 $ 1,078,200
Legislative council...................................... 14,834,700 14,834,700
Legislative service bureau automated data processing.... 3,222,100 3,222,100
Michigan veterans facility ombudsman.................... 337,500 337,500
National association dues................................ 610,800 610,800
Worker's compensation.................................... 162,200 162,200
GROSS APPROPRIATION...................................... $ 20,245,500 $ 20,245,500
Appropriated from:
Special revenue funds:
State general fund/general purpose...................... $ 20,245,500 $ 20,245,500
Sec. 12-104. LEGISLATIVE RETIREMENT SYSTEM
General nonretirement expenses.......................... $ 5,751,000 $ 5,751,000
GROSS APPROPRIATION...................................... $ 5,751,000 $ 5,751,000
Appropriated from:
Special revenue funds:
Other state restricted revenues......................... 1,338,300 1,338,300
State general fund/general purpose...................... $ 4,412,700 $ 4,412,700
Sec. 12-105. PROPERTY MANAGEMENT
Binsfeld Office Building................................. $ 8,562,800 $ 8,562,800
Cora Anderson building................................... 12,550,600 12,550,600
GROSS APPROPRIATION...................................... $ 21,113,400 $ 21,113,400
Appropriated from:
Special revenue funds:
State general fund/general purpose...................... $ 21,113,400 $ 21,113,400
Sec. 12-106. STATE CAPITOL HISTORIC SITE
Bond/lease obligations................................... $ 100 $ 100
General operations....................................... 6,020,200 6,020,200
Restoration, renewal, and maintenance................... 3,627,400 3,627,400
GROSS APPROPRIATION...................................... $ 9,647,700 $ 9,647,700
Appropriated from:
Special revenue funds:
Private revenues......................................... 428,300 428,300
Other state restricted revenues......................... 3,627,400 3,627,400
State general fund/general purpose...................... $ 5,592,000 $ 5,592,000
Sec. 12-107. OFFICE OF THE AUDITOR GENERAL
Unclassified salaries.................................... $ 397,000 $ 397,000
Field operations......................................... 28,208,900 28,208,900
GROSS APPROPRIATION...................................... $ 28,605,900 $ 28,605,900
Appropriated from:
Interdepartmental grant revenues:
IDG from department of health and human services........ 34,000 34,000
IDG from department of labor and economic opportunity... 418,100 418,100
IDG from department of licensing and regulatory
affairs................................................ 106,600 106,600
IDG from department of military and veterans affairs.... 54,400 54,400
IDG from department of state police..................... 45,400 45,400
IDG from department of technology, management and
budget................................................. 927,500 927,500
IDG from department of transportation................... 1,240,700 1,240,700
IDG from department of treasury......................... 321,900 321,900
IDG from other restricted funding....................... 3,506,200 3,506,200
Special revenue funds:
21st century jobs fund................................... 106,900 106,900
Other state restricted revenues......................... 2,222,400 2,222,400
State general fund/general purpose...................... $ 19,621,800 $ 19,621,800
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
FISCAL YEAR 2023
GENERAL SECTIONS
Sec. 12-201. Pursuant to section 30 of article IX of the state constitution of 1963, total state spending from state sources under part 1 for the fiscal year 2023 is $205,522,700.00 and state spending from state sources to be paid to local units of government for fiscal year 2023 is $0.00.
Sec. 12-202. The appropriations authorized under this article are subject to the management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594.
Sec. 12-203. As used in this article:
(a) "FTE" means full-time equated.
(b) "IDG" means interdepartmental grant.
Sec. 12-214. Total authorized appropriations from all sources under part 1 for legacy costs for the fiscal year ending September 30, 2023 are $27,555,100.00. From this amount, total agency appropriations for pension-related legacy costs are estimated at $16,729,700.00. Total agency appropriations for retiree health care legacy costs are estimated at $10,825,400.00.
LEGISLATURE
Sec. 12-600. The senate, the house of representatives, or an agency within the legislative branch may receive, expend, and transfer funds in addition to those authorized in part 1.
Sec. 12-601. (1) Funds appropriated in part 1 to an entity within the legislative branch shall not be expended or transferred to another account without written approval of the authorized agent of the legislative entity. If the authorized agent of the legislative entity notifies the state budget director of its approval of an expenditure or transfer before the year-end book-closing date for that legislative entity, the state budget director shall immediately make the expenditure or transfer. The authorized legislative entity agency shall be designated by the speaker of the house of representatives for house entities, the senate majority leader for senate entities, and the legislative council for legislative council entities.
(2) Funds appropriated within the legislative branch, to a legislative council component, shall not be expended by any agency or other subgroup included in that component without the approval of the legislative council.
Sec. 12-602. The senate may charge rent and assess charges for utility costs. The amounts received for rent charges and utility assessments are appropriated to the senate for the renovation, operation, and maintenance of the Binsfeld Office Building.
Sec. 12-603. (1) From the appropriation contained in part 1 for national association dues, the first $34,800.00 shall be paid to the National Conference of Commissioners of Uniform State Laws. The remaining funds shall be distributed accordingly by the legislative council.
(2) If any funds remain after all required dues payments have been made as specified in subsection (1), the Legislative Council may approve the use of up to $10,000.00 to pay for the registration fees of any state employees who serve as board members to any of the national associations receiving state funds for annual dues to attend that national association's annual conference. If any of the $10,000.00 remains after national board member's registration fees are paid, the remaining funds may be used to pay for the registration fees for any other state employees to attend the annual conference of any of the national associations receiving state funds for annual dues as prescribed in subsection (1).
Sec. 12-604. (1) The appropriation in part 1 to the Michigan state capitol historic site includes funds to operate the legislative parking facilities in the capitol area. The Michigan state capitol commission shall establish rules regarding the operation of the legislative parking facilities.
(2) The Michigan state capitol commission shall collect a fee from state employees and the general public using certain legislative parking facilities. The revenues received from the parking fees are appropriated upon receipt and shall be allocated by the Michigan state capitol commission.
Sec. 12-605. The unexpended funds appropriated in part 1 for the legislative council are designated as a work project appropriation, and any unencumbered or unallotted funds shall not lapse at the end of the fiscal year and shall be available for expenditures for projects under this section until the projects have been completed. The following is in compliance with section 451a of the management and budget act, 1984 PA 431, MCL 18.1451a:
(a) The purpose of the project is publication of the Michigan manual.
(b) The project will be accomplished by utilizing state employees or contracts with service providers, or both.
(c) The total estimated cost of the project is $3,000,000.00.
(d) The tentative completion date is September 30, 2027.
Sec. 12-606. The unexpended funds appropriated in part 1 for property management are designated as a work project appropriation, and any unencumbered or unallotted funds shall not lapse at the end of the fiscal year and shall be available for expenditures for projects under this section until the projects have been completed. The following is in compliance with section 451a of the management and budget act, 1984 PA 431, MCL 18.1451a:
(a) The purpose of the project is to purchase equipment and services for building maintenance in order to ensure a safe and productive work environment.
(b) The project will be accomplished by utilizing state employees or contracts with service providers, or both.
(c) The total estimated cost of the project is $2,000,000.00.
(d) The tentative completion date is September 30, 2027.
Sec. 12-607. The unexpended funds appropriated in part 1 for automated data processing are designated as a work project appropriation, and any unencumbered or unallotted funds shall not lapse at the end of the fiscal year and shall be available for expenditures for projects under this section until the projects have been completed. The following is in compliance with section 451a of the management and budget act, 1984 PA 431, MCL 18.1451a:
(a) The purpose of the project is to purchase equipment, software, and services in order to support and implement data processing requirements and technology improvements.
(b) The project will be accomplished by utilizing state employees or contracts with service providers, or both.
(c) The total estimated cost of the project is $3,000,000.00.
(d) The tentative completion date is September 30, 2027.
Sec. 12-608. In addition to funds appropriated in part 1, the Michigan capitol committee publications save the flags fund account may accept contributions, gifts, bequests, devises, grants, and donations. Those funds that are not expended in the fiscal year ending September 30 shall not lapse at the close of the fiscal year and shall be carried forward for expenditure in the following fiscal years.
LEGISLATIVE AUDITOR GENERAL
Sec. 12-620. Pursuant to section 53 of article IV of the state constitution of 1963, the auditor general shall conduct audits of the executive, judicial, and legislative branches.
Sec. 12-621. (1) The auditor general shall take all reasonable steps to ensure that certified minority- and women-owned and operated accounting firms, and accounting firms owned and operated by persons with disabilities participate in the audits of the books, accounts, and financial affairs of each principal executive department, branch, institution, agency, and office of this state.
(2) The auditor general shall strongly encourage firms with which the auditor general contracts to perform audits of the principal executive departments and state agencies to subcontract with certified minority- and women-owned and operated accounting firms, and accounting firms owned and operated by persons with disabilities.
(3) The auditor general shall compile an annual report regarding the number of contracts entered into with certified minority- and women-owned and operated accounting firms, and accounting firms owned and operated by persons with disabilities. The auditor general shall deliver the report to the state budget director and the senate and house of representatives standing committees on appropriations subcommittees on general government by November 1 of each year.
Sec. 12-622. From the funds appropriated in part 1 to the legislative auditor general, the auditor general's salary and the salaries of the remaining 2.0 FTE unclassified positions shall be set by the speaker of the house of representatives, the senate majority leader, the house of representatives minority leader, and the senate minority leader.
Sec. 12-623. Any audits, reviews, or investigations requested of the auditor general by the legislature or by legislative leadership, legislative committees, or individual legislators shall include an estimate of the additional costs involved and, when those costs exceed $50,000.00, should provide supplemental funding. The auditor general shall determine whether to perform those activities in keeping with Operations Manual Policy No. 2-26, which describes the office of the auditor general's policy on responding to legislative requests.
Sec. 12-627. The unexpended funds appropriated in part 1 for field operations 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 conduct the state of Michigan comprehensive annual financial report.
(b) The project will be accomplished by utilizing state employees.
(c) The total estimated cost of the project is $3,000,000.00.
(d) The tentative completion date is September 30, 2027.
Article 13
DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS
PART 1
LINE-ITEM APPROPRIATIONS AND ANTICIPATED APPROPRIATIONS
Sec. 13-101. Subject to the conditions set forth in this article, the amounts listed in this part for the department of licensing and regulatory affairs are appropriated for the fiscal year ending September 30, 2023, and are anticipated to be appropriated for the fiscal year ending September 30, 2024, from the funds indicated in this part. The following is a summary of the appropriations and anticipated appropriations in this part:
DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS
APPROPRIATION SUMMARY
Full-time equated unclassified positions.............. 30.0 30.0
Full-time equated classified positions................ 1,844.9 1,844.9
GROSS APPROPRIATION...................................... $ 513,345,500 $ 504,001,900
Total interdepartmental grants and interdepartmental
transfers.............................................. 47,026,900 47,026,900
ADJUSTED GROSS APPROPRIATION............................ $ 466,318,600 $ 456,975,000
Total federal revenues................................... 29,659,200 29,659,200
Total local revenues..................................... 0 0
Total private revenues................................... 0 0
Total other state restricted revenues................... 248,065,900 244,722,300
State general fund/general purpose...................... $ 188,593,500 $ 182,593,500
State general fund/general purpose schedule:
Ongoing state general fund/general purpose........... 182,593,500 182,593,500
One-time state general fund/general purpose.......... 6,000,000 0
Sec. 13-102. DEPARTMENTAL ADMINISTRATION AND SUPPORT
Full-time equated unclassified positions.............. 30.0 30.0
Full-time equated classified positions................ 100.0 100.0
Unclassified salaries-30.0 FTE positions................ $ 2,795,100 $ 2,795,100
Administrative services-73.0 FTE positions.............. 8,813,300 8,813,300
Executive director programs-24.0 FTE positions.......... 2,944,900 2,944,900
FOIA coordination-3.0 FTE positions..................... 338,600 338,600
Property management...................................... 8,021,100 8,021,100
Worker's compensation.................................... 264,100 264,100
GROSS APPROPRIATION...................................... $ 23,177,100 $ 23,177,100
Appropriated from:
Interdepartmental grant revenues:
IDG from department of insurance and financial
services............................................... 150,000 150,000
Federal revenues:
Other federal revenues................................... 1,077,800 1,077,800
Special revenue funds:
Other state restricted revenues......................... 21,676,000 21,676,000
State general fund/general purpose...................... $ 273,300 $ 273,300
Sec. 13-103. PUBLIC SERVICE COMMISSION
Full-time equated classified positions................ 190.0 190.0
Public service commission-190.0 FTE positions........... $ 34,168,900 $ 34,168,900
GROSS APPROPRIATION...................................... $ 34,168,900 $ 34,168,900
Appropriated from:
Federal revenues:
Other federal revenues................................... 2,665,000 2,665,000
Special revenue funds:
Other state restricted revenues......................... 31,503,900 31,503,900
State general fund/general purpose...................... $ 0 $ 0
Sec. 13-104. LIQUOR CONTROL COMMISSION
Full-time equated classified positions................ 145.0 145.0
Liquor licensing and enforcement-116.0 FTE positions.... $ 17,433,800 $ 17,433,800
Management support services-29.0 FTE positions.......... 4,767,700 4,767,700
GROSS APPROPRIATION...................................... $ 22,201,500 $ 22,201,500
Appropriated from:
Special revenue funds:
Other state restricted revenues......................... 22,201,500 22,201,500
State general fund/general purpose...................... $ 0 $ 0
Sec. 13-105. OCCUPATIONAL REGULATION
Full-time equated classified positions................ 1,181.9 1,181.9
Adult foster care and camps licensing and regulation-
96.0 FTE positions..................................... $ 13,777,600 $ 13,777,600
Bureau of community and health systems administration-
20.0 FTE positions..................................... 2,448,500 2,448,500
Bureau of construction codes-182.0 FTE positions........ 24,780,500 24,780,500
Bureau of fire services-79.0 FTE positions.............. 12,640,600 12,640,600
Bureau of professional licensing-205.0 FTE positions.... 41,067,700 41,067,700
Childcare licensing and regulation-117.0 FTE positions.. 20,648,400 20,648,400
Corporations, securities, and commercial licensing
bureau-109.0 FTE positions............................. 15,520,500 15,520,500
Health facilities regulation-202.9 FTE positions........ 33,449,000 33,449,000
Medical marihuana facilities licensing and tracking-
50.0 FTE positions..................................... 6,546,100 6,546,100
Medical marihuana program-25.0 FTE positions............ 5,031,900 5,031,900
Nurse aide program-8.0 FTE positions.................... 1,780,800 1,780,800
Recreational marihuana regulation-88.0 FTE positions.... 13,834,100 13,834,100
Urban search and rescue.................................. 1,000,000 1,000,000
GROSS APPROPRIATION...................................... $ 192,525,700 $ 192,525,700
Appropriated from:
Interdepartmental grant revenues:
IDG from department of education........................ 20,146,700 20,146,700
Federal revenues:
Other federal revenues................................... 24,829,100 24,829,100
Special revenue funds:
Other state restricted revenues......................... 118,569,900 118,569,900
State general fund/general purpose...................... $ 28,980,000 $ 28,980,000
Sec. 13-106. MICHIGAN OFFICE OF ADMINISTRATIVE HEARINGS AND RULES
Full-time equated classified positions................ 212.0 212.0
Michigan office of administrative hearings and rules-
212.0 FTE positions.................................... $ 38,965,000 $ 38,965,000
GROSS APPROPRIATION...................................... $ 38,965,000 $ 38,965,000
Appropriated from:
Interdepartmental grant revenues:
IDG from other restricted funding....................... 26,730,200 26,730,200
Special revenue funds:
Other state restricted revenues......................... 11,539,000 11,539,000
State general fund/general purpose...................... $ 695,800 $ 695,800
Sec. 13-107. COMMISSIONS
Full-time equated classified positions................ 16.0 16.0
Michigan indigent defense commission-16.0 FTE
positions.............................................. $ 2,763,000 $ 2,763,000
Michigan unarmed combat commission...................... 126,200 126,200
GROSS APPROPRIATION...................................... $ 2,889,200 $ 2,889,200
Appropriated from:
Special revenue funds:
Other state restricted revenues......................... 126,200 126,200
State general fund/general purpose...................... $ 2,763,000 $ 2,763,000
Sec. 13-108. GRANTS
Firefighter training grants.............................. $ 2,300,000 $ 2,300,000
Liquor law enforcement grants........................... 8,400,000 8,400,000
Marihuana operation and oversight grants................ 3,000,000 3,000,000
Michigan indigent defense commission grants............. 148,917,400 148,917,400
Remonumentation grants................................... 6,800,000 6,800,000
Utility consumer representation......................... 850,000 850,000
GROSS APPROPRIATION...................................... $ 170,267,400 $ 170,267,400
Appropriated from:
Special revenue funds:
Other state restricted revenues......................... 21,650,000 21,650,000
State general fund/general purpose...................... $ 148,617,400 $ 148,617,400
Sec. 13-109. INFORMATION TECHNOLOGY
Information technology services and projects............ $ 19,807,100 $ 19,807,100
GROSS APPROPRIATION...................................... $ 19,807,100 $ 19,807,100
Appropriated from:
Federal revenues:
Other federal revenues................................... 1,087,300 1,087,300
Special revenue funds:
Other state restricted revenues......................... 17,455,800 17,455,800
State general fund/general purpose...................... $ 1,264,000 $ 1,264,000
Sec. 13-110. ONE-TIME APPROPRIATIONS
Corporations online filing modernization................ $ 2,343,600 $ 0
Michigan saves........................................... 5,000,000 0
Michigan task force on foreign trained medical
professional licensing................................. 1,000,000 0
Urban search and rescue.................................. 1,000,000 0
GROSS APPROPRIATION...................................... $ 9,343,600 $ 0
Appropriated from:
Special revenue funds:
Other state restricted revenues......................... 3,343,600 0
State general fund/general purpose...................... $ 6,000,000 $ 0
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
FISCAL YEAR 2023
GENERAL SECTIONS
Sec. 13-201. Pursuant to section 30 of article IX of the state constitution of 1963, total state spending from state sources under part 1 for the fiscal year 2023 is $436,659,400.00 and state spending from state sources to be paid to local units of government for fiscal year 2023 is $169,417,400.00. The itemized statement below identifies appropriations from which spending to local units of government will occur:
DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS
Firefighter training grants............................................ $ 2,300,000
Liquor law enforcement grants.......................................... 8,400,000
Marihuana operation and oversight grants............................... 3,000,000
Michigan indigent defense commission grants............................ 148,917,400
Remonumentation grants................................................. 6,800,000
TOTAL.................................................................... $ 169,417,400
Sec. 13-202. The appropriations authorized under this article are subject to the management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594.
Sec. 13-203. As used in this article:
(a) "Department" means the department of licensing and regulatory affairs.
(b) "Director" means the director of the department.
(c) "FOIA" means the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.
(d) "FTE" means full-time equated.
(e) "IDG" means interdepartmental grant.
Sec. 13-204. The departments and agencies receiving appropriations in part 1 shall use the Internet to fulfill the reporting requirements of this article. This requirement shall include transmission of reports via Email to the recipients identified for each reporting requirement, or it shall include placement of reports on an Internet site.
Sec. 13-205. To the extent permissible under MCL 18.1261:
(a) Funds appropriated in part 1 must 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 must be given to goods or services, or both, manufactured or provided by Michigan businesses, if they are competitively priced and of comparable quality.
(c) In addition, preference must be given to goods or services, or both, that are manufactured or provided by Michigan businesses owned and operated by veterans, if they are competitively priced and of comparable quality.
Sec. 13-206. To the extent permissible under the management and budget act, the director shall take all reasonable steps to ensure businesses in deprived and depressed communities compete for and perform contracts to provide services or supplies, or both. 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. 13-207. Consistent with MCL 18.1217, the departments and agencies receiving appropriations in part 1 shall prepare a report on out-of-state travel expenses not later than January 1 of each year. The travel report shall be a listing of all travel by classified and unclassified employees outside this state in the immediately preceding fiscal year that was funded in whole or in part with funds appropriated in the department's budget. The report shall be submitted to the senate and house appropriations committees, the house and senate fiscal agencies, and the state budget director. The report shall include the following information:
(a) The dates of each travel occurrence.
(b) The transportation and related costs of each travel occurrence, including the proportion funded with state general fund/general purpose revenues, the proportion funded with state restricted revenues, the proportion funded with federal revenues, and the proportion funded with other revenues.
Sec. 13-208. Funds appropriated in part 1 shall not be used by a principal executive department, state agency, or authority to hire a person to provide legal services that are the responsibility of the attorney general. This prohibition does not apply to legal services for bonding activities and for those outside services that the attorney general authorizes.
Sec. 13-209. Not later than December 31, the state budget office shall prepare and transmit a report that provides for estimates of the total general fund/general purpose appropriation lapses at the close of the prior fiscal year. This report shall summarize the projected year-end general fund/general purpose appropriation lapses by major departmental program or program areas. The report shall be transmitted to the chairpersons of the senate and house appropriations committees and the senate and house fiscal agencies.
Sec. 13-210. (1) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $10,000,000.00 for federal contingency funds. These funds are not available for expenditure until they have been transferred to another line item in this article under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.
(2) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $25,000,000.00 for state restricted contingency funds. These funds are not available for expenditure until they have been transferred to another line item in this article under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.
(3) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $1,000,000.00 for local contingency funds. These funds are not available for expenditure until they have been transferred to another line item in this article under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.
(4) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $500,000.00 for private contingency funds. These funds are not available for expenditure until they have been transferred to another line item in this article under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.
Sec. 13-211. From the funds appropriated in part 1, the department shall provide to the department of technology, management and budget information sufficient to maintain a searchable website accessible by the public at no cost that includes, but is not limited to, all of the following for each department or agency:
(a) Fiscal year-to-date expenditures by category.
(b) Fiscal year-to-date expenditures by appropriation unit.
(c) Fiscal year-to-date payments to a selected vendor, including the vendor name, payment date, payment amount, and payment description.
(d) The number of active department employees by job classification.
(e) Job specifications and wage rates.
Sec. 13-212. Within 14 days after the release of the executive budget recommendation, the department shall provide to the state budget office information sufficient to provide the senate and house appropriations chairs, the senate and house appropriations subcommittees chairs, and the senate and house fiscal agencies with an annual report on estimated state restricted fund balances, state restricted fund projected revenues, and state restricted fund expenditures for the fiscal years ending September 30, 2022 and September 30, 2023.
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, 2023 are estimated at $40,356,700.00. From this amount, total agency appropriations for pension-related legacy costs are estimated at $24,501,800.00. Total agency appropriations for retiree health care legacy costs are estimated at $15,854,900.00
Sec. 13-223. 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 chairpersons of the subcommittees, the senate and house fiscal agencies, and the state budget director of pass-through funds appropriated under this section.
Sec. 13-224. (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 chairpersons of the subcommittees, the senate and house fiscal agencies, and the state budget director of the receipt of the grant, including the fund source, purpose, and amount of the grant.
(3) The amount appropriated under subsection (1) shall not exceed $1,500,000.00.
Sec. 13-225. (1) The department may charge registration fees to attendees of informational, training, or special events sponsored by the department, and related to activities that are under the department's purview.
(2) These fees shall reflect the costs for the department to sponsor the informational, training, or special events.
(3) Revenue generated by the registration fees is appropriated upon receipt and available for expenditure to cover the department's costs of sponsoring informational, training, or special events.
(4) Revenue generated by registration fees in excess of the department's costs of sponsoring informational, training, or special events shall carry forward to the subsequent fiscal year and not lapse to the general fund.
(5) The amount appropriated under subsection (3) shall not exceed $500,000.00.
Sec. 13-226. The department may make available to interested entities otherwise unavailable customized listings of nonconfidential information in its possession, such as names and addresses of licensees. The department may establish and collect a reasonable charge to provide this service. The revenue received from this service is appropriated when received and shall be used to offset expenses to provide the service. Any balance of this revenue collected and unexpended at the end of the fiscal year shall lapse to the appropriate restricted fund.
Sec. 13-227. (1) The department shall sell documents at a price not to exceed the cost of production and distribution. Money received from the sale of these documents shall revert to the department. In addition to the funds appropriated in part 1, these funds are available for expenditure when they are received by the department of treasury. This subsection applies only for the following documents:
(a) Corporation and securities division documents, reports, and papers required or permitted by law pursuant to section 1060(6) of the business corporation act, 1972 PA 284, MCL 450.2060.
(b) The Michigan liquor control code of 1998, 1998 PA 58, MCL 436.1101 to 436.2303.
(c) The mobile home commission act, 1987 PA 96, MCL 125.2301 to 125.2350; the business corporation act, 1972 PA 284, MCL 450.1101 to 450.2098; the nonprofit corporation act, 1982 PA 162, MCL 450.2101 to 450.3192; and the uniform securities act (2002), 2008 PA 551, MCL 451.2101 to 451.2703.
(d) Construction code manuals.
(e) Copies of transcripts from administrative law hearings.
(2) In addition to the funds appropriated in part 1, funds appropriated for the department under sections 57, 58, and 59 of the administrative procedures act of 1969, 1969 PA 306, MCL 24.257, 24.258, and 24.259, and section 203 of the legislative council act, 1986 PA 268, MCL 4.1203, are appropriated for all expenses necessary to provide for the cost of publication and distribution.
(3) Unexpended funds at the end of the fiscal year shall carry forward to the subsequent fiscal year and not lapse to the general fund.
Sec. 13-228. (1) Not later than December 31, the department shall submit a report to the subcommittees, the senate and house fiscal agencies, and the state budget director pertaining to licensing and regulatory programs during the previous fiscal year, if available, for the following agencies:
(a) Liquor control commission.
(b) Bureau of fire services.
(c) Bureau of construction codes.
(d) Corporations, securities, and commercial licensing bureau.
(e) Bureau of professional licensing.
(f) Bureau of community and health systems.
(2) The report shall be in a format that is consistent between the agencies listed in subsection (1) and shall provide, but is not limited to, the following information for the 3 previous fiscal years, as applicable, for each agency; agencies listed in subsection (1)(a) and (b) shall report by regulated activity and agencies listed in subsection (1)(c), (d), (e), and (f) shall report by regulatory product or regulated activity, or both:
(a) Revenue generated by and expenditures disbursed by regulatory fund.
(b) Revenue generated by regulatory product or regulated activity.
(c) The renewal cycle and amount of each fee charged.
(d) Number of initial applications.
(e) Number of initial applications denied.
(f) Number of license renewals.
(g) Average amount of time to approve or deny completed applications.
(h) Number of examinations proctored for initial applications.
(i) A description of the types of complaints received.
(j) A description of the process used to resolve complaints.
(k) Number of complaints received.
(l) Number of complaints investigated.
(m) Number of complaints closed with no action.
(n) Number of complaints resulting in administrative actions or citations.
(o) Average amount of time to complete investigations.
(p) Number of enforcement actions, including license revocations, suspensions, and fines.
(q) A description of the types of enforcement actions taken against licensees.
(r) Number of administrative hearing adjudications.
(3) As used in subsection (2), "regulatory product" means each occupation, profession, trade, or program, which includes licensure, certification, registration, inspection, review, permitting, approval, or any other regulatory service provided by the agencies specified in subsection (1) for each regulated activity. As used in this subsection and subsection (2), "regulated activity" means the particular activities, entities, facilities, and industries regulated by the agencies specified in subsection (1).
Sec. 13-230. Unless prohibited by law, the department may accept credit card or other electronic means of payment for licenses, fees, or permits.
Sec. 13-231. The department shall submit a report to the subcommittees, the senate and house fiscal agencies, and the state budget director by September 30 detailing any expenditure of funds for a television or radio production that was made to a third-party vendor in the fiscal year ending September 30, 2023. The report must include the following information for each expenditure:
(a) Total amount of the expenditure.
(b) Fund source for the expenditure.
(c) Name of the vendor(s) that created the production and the amount paid to the vendor(s).
(d) Purpose of the production.
PUBLIC SERVICE COMMISSION
Sec. 13-301. The public service commission administers the low-income energy assistance grant program on behalf of the Michigan department of health and human services via an interagency agreement. Funds supporting the grant program are appropriated in the department upon awarding of grants and may be expended for grant payments and administrative related expenses incurred in the operation of the program.
LIQUOR CONTROL COMMISSION
Sec. 13-401. (1) From the appropriations in part 1 from the direct shipper enforcement revolving fund, the liquor control commission shall expend these funds as required under section 203(11) of the Michigan liquor control code of 1998, 1998 PA 58, MCL 436.1203, to investigate and audit unlawful direct shipments of wine by unlicensed wineries and retailers. In addition to other investigative methods, the commission shall use shipping records available to it under section 203(21) of the Michigan liquor control code of 1998, 1998 PA 58, MCL 436.1203, to assist with this effort.
(2) By February 1, the liquor control commission shall provide a report to the legislature, the subcommittees, and the state budget director detailing the commission's activities to investigate and audit the illegal shipping of wine and the results of these activities. The report shall include the following:
(a) Work hours spent, specific actions undertaken, and the number of FTEs dedicated to identifying and stopping unlicensed out-of-state retailers, third-party marketers, and wineries that ship illegally in Michigan.
(b) General overview of expenditures associated with efforts to identify and stop unlicensed out-of-state retailers, third-party marketers, and wineries that ship illegally in Michigan.
(c) Number of out-of-state entities found to have illegally shipped wine into Michigan and total number of bottles (750 ml), number of cases with 750 ml bottles, number of liters, number of gallons, or weight of illegally shipped wine. These items must be broken down by total number of retailers and total number of wineries.
(d) Suggested areas of focus on how to address direct shipper enforcement and illegal importation in the future.
OCCUPATIONAL REGULATION
Sec. 13-501. Money appropriated under this part and part 1 for the bureau of fire services shall not be expended unless, in accordance with section 2c of the fire prevention code, 1941 PA 207, MCL 29.2c, inspection and plan review fees will be charged according to the following schedule:
Operation and maintenance inspection fee
Facility type Facility size Fee
Hospitals Any $8.00 per bed
Plan review and construction inspection fees for hospitals and schools
Project cost range FeeMMMM
$101,000.00 or less minimum fee of $155.00
$101,001.00 to $1,500,000.00 $1.60 per $1,000.00
$1,500,001.00 to $10,000,000.00 $1.30 per $1,000.00
$10,000,001.00 or more $1.10 per $1,000.00
or a maximum fee of $60,000.00.
Sec. 13-502. The funds collected by the department for licenses, permits, and other elevator regulation fees set forth in the Michigan Administrative Code and as determined under section 8 of 1976 PA 333, MCL 338.2158, and section 16 of 1967 PA 227, MCL 408.816, that are unexpended at the end of the fiscal year shall carry forward to the subsequent fiscal year.
Sec. 13-503. Not later than February 15, the department shall submit a report to the subcommittees, the senate and house fiscal agencies, and the state budget director providing the following information:
(a) The number of veterans who were separated from service in the Armed Forces of the United States with an honorable character of service or under honorable conditions (general) character of service, individually or if a majority interest of a corporation or limited liability company, that were exempted from paying licensure, registration, filing, or any other fees collected under each licensure or regulatory program administered by the bureau of construction codes, the bureau of professional licensing, and the corporations, securities, and commercial licensing bureau during the preceding fiscal year.
(b) The specific fees and total amount of revenue exempted under each licensure or regulatory program administered by the bureau of construction codes, the bureau of professional licensing, and the corporations, securities, and commercial licensing bureau during the preceding fiscal year.
(c) The actual costs of providing licensing and other regulatory services to veterans exempted from paying licensure, registration, filing, or any other fees during the preceding fiscal year and a description of how these costs were calculated.
(d) The estimated amount of revenue that will be exempted under each licensure or regulatory program administered by the bureau of construction codes, the bureau of professional licensing, and the corporations, securities, and commercial licensing bureau in both the current and subsequent fiscal years and a description of how the exempted revenue was estimated.
Sec. 13-504. The department shall submit a comprehensive annual report for all programs administered by the marijuana regulatory agency by January 31 to the senate and house appropriations committees, the senate and house fiscal agencies, and the state budget director. This report shall include, but is not limited to, all of the following information for the prior fiscal year regarding the marihuana programs under the Michigan Medical Marihuana Act, 2008 IL 1, MCL 333.26421 to 333.26430; the medical marihuana facilities licensing act, 2016 PA 281, MCL 333.27101 to 333.27801, and the Michigan Regulation and Taxation of Marihuana Act, 2018 IL 1, MCL 333.27951 to 333.27967:
(a) The number of initial applications received, by license category.
(b) The number of initial applications approved and the number of initial applications denied, by license category.
(c) The average amount of time, from receipt to approval or denial, to process an initial application, by license category.
(d) The number of renewal applications approved, by license category and by county.
(e) The number of renewal applications received, by license category, and by county, if applicable.
(f) The number of renewal applications denied, by license category and by county.
(g) The average amount of time, from receipt to approval or denial, to process a renewal application, by license category, if applicable.
(h) The percentage of initial applications not approved or denied within the time requirements established in the respective act, by license category, if applicable.
(i) The percentage of renewal applications not approved or denied within the time requirements established in the respective act, by license category, if applicable.
(j) The total amount collected from application fees or established regulatory assessment and the specific fund this amount is deposited into, by license category.
(k) The costs of administering the licensing program under each of the above-referenced acts.
(l) The registered name and addresses of all facilities licensed under the above-referenced acts, by license category and by county.
(m) Number of complaints received pertaining to the above-referenced acts, by license type or regulatory activity.
(n) A description of the types of complaints received.
(o) A description of the process used to resolve complaints.
(p) Number of investigations opened pertaining to each license category.
(q) Number of investigations closed pertaining to each license category.
(r) Average amount of time to complete investigations pertaining to each license category.
(s) Number of enforcement actions pertaining to each license category.
(t) A description of the types of enforcement actions taken against licensees.
(u) Number of administrative hearing adjudications pertaining to each license type.
(v) A list of the fees charged for license applications, license renewals, and registry cards.
Sec. 13-505. If the revenue collected by the department for health systems administration from fees and collections exceeds the amount appropriated in part 1, the revenue may be carried forward into the subsequent fiscal year. The revenue carried forward under this section shall be used as the first source of funds in the subsequent fiscal year.
Sec. 13-506. Not later than February 1, the department shall submit a report to the subcommittees, the senate and house fiscal agencies, and the state budget director providing the following information:
(a) The total amount of reimbursements made to local units of government for delegated inspections of fireworks retail locations pursuant to section 11 of the Michigan fireworks safety act, 2011 PA 256, MCL 28.461, from the funds appropriated in part 1 for the bureau of fire services during the preceding fiscal year.
(b) The amount of reimbursement for delegated inspections of fireworks retail locations for each local unit of government that received reimbursement from the funds appropriated in part 1 for the bureau of fire services during the preceding fiscal year.
Sec. 13-507. (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 subcommittees, the senate and house fiscal agencies, and the state budget director.
Sec. 13-508. The department shall submit a report on the Michigan automated prescription system to the senate and house appropriations committees, the senate and house fiscal agencies, and the state budget director by November 30. The report shall include, but is not limited to, the following:
(a) Total number of licensed health professionals registered to the Michigan automated prescription system.
(b) Total number of dispensers registered to the Michigan automated prescription system.
(c) Total number of prescribers using the Michigan automated prescription system.
(d) Total number of dispensers using the Michigan automated prescription system.
(e) Number of cases related to overprescribing, overdispensing, and drug diversion where the department took administrative action as a result of information and data generated from the Michigan automated prescription system.
(f) The number of hospitals, doctor's offices, pharmacies, and other health facilities that have integrated the Michigan automated prescription system into their electronic health records systems.
(g) Total number of delegate users registered to the Michigan automated prescription system.
Sec. 13-509. From the amount appropriated in part 1 for bureau of community and health systems administration, 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 and to the senate and house subcommittees on health and human services.
Sec. 13-511. From the funds appropriated in part 1 for bureau of construction codes, at least $500,000.00 must be allocated for additional inspections and enforcement activities related to the carnival-amusement safety act of 1966, 1966 PA 225, MCL 408.651 to 408.670.
Sec. 13-512. Funds remaining in the homeowner construction lien recovery fund are appropriated to the department for payment of court-ordered homeowner construction lien recovery fund judgements entered prior to August 23, 2010. Pursuant to available funds, the payment of final judgements shall be made in the order in which the final judgements were entered and began accruing interest.
COMMISSIONS
Sec. 13-801. If Byrne formula grant funding is awarded to the Michigan indigent defense commission, the Michigan indigent defense commission may receive and expend Byrne formula grant funds in an amount not to exceed $250,000.00 as an interdepartmental grant from the department of state police. The Michigan indigent defense commission, created under section 5 of the Michigan indigent defense commission act, 2013 PA 93, MCL 780.985, may receive and expend federal grant funding from the United States Department of Justice in an amount not to exceed $300,000.00 as other federal grants.
Sec. 13-802. From the funds appropriated in part 1, the Michigan indigent defense commission shall submit a report by September 30 to the subcommittees, the senate and house fiscal agencies, and the state budget director on the incremental costs associated with the standard development process, the compliance plan process, and the collection of data from all indigent defense systems and attorneys providing indigent defense. Particular emphasis shall be placed on those costs that may be avoided after standards are developed and compliance plans are in place.
GRANTS
Sec. 13-901. (1) The department shall expend the funds appropriated in part 1 for marihuana operation and oversight grants for grants to counties for education and outreach programs relating to the Michigan medical marihuana program and the adult-use marihuana program pursuant to section 14(3) of the Michigan Regulation and Taxation of Marihuana Act, 2018 IL 1, MCL 333.27964. The grant funds may be generated from application and license fees authorized under section 8(1)(b) of the Michigan Regulation and Taxation of Marihuana Act, 2018 IL 1, MCL 333.27958. These grants shall be distributed proportionately based on the number of registry identification cards issued to or renewed for the residents of each county that applied for a grant under subsection (2). For the purposes of this subsection, operation and oversight grants are for education, communication, and outreach regarding the Michigan Medical Marihuana Act, 2008 IL 1, MCL 333.26421 to 333.26430 and the Michigan Regulation and Taxation of Marihuana Act, 2018 IL 1, MCL 333.27951 to 333.27967. Grants provided under this section must not be used for law enforcement purposes.
(2) Not later than December 1, the department shall post a listing of potential grant money available to each county on its website. In addition, the department shall work collaboratively with counties regarding the availability of these grant funds. A county requesting a grant shall apply on a form developed by the department and available on its website. The form shall contain the county's specific projected plan for use of the money and its agreement to maintain all records and to submit documentation to the department to support the use of the grant money.
(3) In order to be eligible to receive a grant under subsection (1), a county shall apply not later than January 1 and agree to report how the grant was expended and to provide that report to the department not later than September 15. The department shall submit a report not later than October 15 of the subsequent fiscal year to the state budget director, the subcommittees, and the senate and house fiscal agencies detailing the grant amounts by recipient and the reported uses of the grants in the preceding fiscal year.
Sec. 13-902. (1) The amount appropriated in part 1 for firefighter training grants shall only be expended for payments to counties to reimburse organized fire departments for firefighter training and other activities required under the firefighters training council act, 1966 PA 291, MCL 29.361 to 29.377.
(2) If the amount appropriated in part 1 for firefighter training grants is expended by the firefighters training council, established in section 3 of the firefighters training council act, 1966 PA 291, MCL 29.363, for payments to counties under section 14 of the firefighters training council act, 1966 PA 291, MCL 29.374, in compliance with statute, the following subsections apply to the extent otherwise permissible by statute:
(a) The amount appropriated in part 1 for firefighter training grants shall be allocated pursuant to section 14(2) of the firefighters training council act, 1966 PA 291, MCL 29.374.
(b) If the amount allocated to any county under subdivision (a) is less than $5,000.00, the amounts disbursed to each county under subdivision (a) shall be adjusted to provide for a minimum payment of $5,000.00 to each county.
(3) Not later than February 1, the department shall submit a financial report to the subcommittees, the senate and house fiscal agencies, and the state budget director identifying the following information for the preceding fiscal year:
(a) The amount of the payments that would be made to each county if the distribution formula described by the first sentence of section 14(2) of the firefighters training council act, 1966 PA 291, MCL 29.374, would have been utilized to allocate the total amount appropriated in part 1 for firefighter training grants.
(b) The amount of the payments approved by the firefighters training council for allocation to each county.
(c) The amount of the payments expended or encumbered within each county.
(d) A description of any other payments or expenditures made under the authority of the firefighters training council.
(e) The amount of payments approved for allocations to counties that was not expended or encumbered and lapsed back to the fireworks safety fund.
ONE-TIME APPROPRIATIONS
Sec. 13-1001. From the funds appropriated in part 1 for Michigan saves, the Michigan public service commission may award a $5,000,000.00 grant to a nonprofit green bank with experience in leveraging energy-efficiency and renewable energy improvements, for the purpose of making such loans more affordable for Michigan families, businesses, and public entities. Grant funds may be used to support a loan loss reserve fund or other comparable financial instrument to further leverage private investment in clean energy improvements.
Article 14
DEPARTMENT OF MILITARY AND VETERANS AFFAIRS
PART 1
LINE-ITEM APPROPRIATIONS AND ANTICIPATED APPROPRIATIONS
Sec. 14-101. Subject to the conditions set forth in this article, the amounts listed in this part for the department of military and veterans affairs are appropriated for the fiscal year ending September 30, 2023, and are anticipated to be appropriated for the fiscal year ending September 30, 2024, from the funds indicated in this part. The following is a summary of the appropriations and anticipated appropriations in this part:
DEPARTMENT OF MILITARY AND VETERANS AFFAIRS
APPROPRIATION SUMMARY
Full-time equated unclassified positions.............. 9.0 9.0
Full-time equated classified positions................ 1,055.5 1,055.5
GROSS APPROPRIATION...................................... $ 355,266,000 $ 220,260,000
Total interdepartmental grants and interdepartmental
transfers.............................................. 101,800 101,800
ADJUSTED GROSS APPROPRIATION............................ $ 355,164,200 $ 220,158,200
Total federal revenues................................... 189,864,300 128,033,300
Total local revenues..................................... 0 0
Total private revenues................................... 640,000 640,000
Total other state restricted revenues................... 18,794,900 18,234,900
State general fund/general purpose...................... $ 145,865,000 $ 73,250,000
State general fund/general purpose schedule:
Ongoing state general fund/general purpose........... 73,250,000 73,250,000
One-time state general fund/general purpose.......... 72,615,000 0
Sec. 14-102. MILITARY
Full-time equated unclassified positions.............. 9.0 9.0
Full-time equated classified positions................ 372.0 372.0
Unclassified salaries-9.0 FTE positions................. $ 1,702,500 $ 1,702,500
Headquarters and armories-86.0 FTE positions............ 21,931,200 21,931,200
Michigan youth challeNGe academy-68.0 FTE positions..... 9,955,600 9,955,600
Military family relief fund.............................. 150,000 150,000
Military retirement...................................... 1,457,000 1,457,000
Military training sites and support facilities-215.0
FTE positions.......................................... 42,898,500 42,898,500
National guard operations................................ 300,500 300,500
National guard tuition assistance fund-3.0 FTE
positions.............................................. 11,521,900 11,521,900
Starbase grant........................................... 2,322,000 2,322,000
GROSS APPROPRIATION...................................... $ 92,239,200 $ 92,239,200
Appropriated from:
Interdepartmental grant revenues:
IDG from department of state police..................... 101,800 101,800
Federal revenues:
Other federal revenues................................... 61,324,100 61,324,100
Special revenue funds:
Private revenues......................................... 90,000 90,000
Other state restricted revenues......................... 1,919,700 1,919,700
State general fund/general purpose...................... $ 28,803,600 $ 28,803,600
Sec. 14-103. MICHIGAN VETERANS AFFAIRS AGENCY
Full-time equated classified positions................ 52.0 52.0
County veteran service fund.............................. $ 4,250,000 $ 4,250,000
Michigan veterans affairs agency administration-44.0
FTE positions.......................................... 7,590,200 7,590,200
Veterans' trust fund administration-8.0 FTE positions... 1,167,600 1,167,600
Veterans' trust fund grants.............................. 2,500,000 2,500,000
Veterans service grants.................................. 4,250,000 4,250,000
GROSS APPROPRIATION...................................... $ 19,757,800 $ 19,757,800
Appropriated from:
Special revenue funds:
Private revenues......................................... 10,000 10,000
Other state restricted revenues......................... 3,717,600 3,717,600
State general fund/general purpose...................... $ 16,030,200 $ 16,030,200
Sec. 14-104. MICHIGAN VETERANS' FACILITY AUTHORITY
Full-time equated classified positions................ 631.5 631.5
Chesterfield Township home for veterans-115.0 FTE
positions.............................................. $ 21,267,800 $ 21,267,800
D.J. Jacobetti home for veterans-200.0 FTE positions.... 25,184,600 25,184,600
Grand Rapids home for veterans-298.5 FTE positions...... 23,506,900 23,506,900
Information technology services and projects............ 1,699,800 1,699,800
Michigan veteran homes administration-18.0 FTE
positions.............................................. 3,432,100 3,432,100
Veterans cemetery........................................ 85,200 85,200
GROSS APPROPRIATION...................................... $ 75,176,400 $ 75,176,400
Appropriated from:
Federal revenues:
Other federal revenues................................... 36,551,600 36,551,600
Special revenue funds:
Private revenues......................................... 540,000 540,000
Other state restricted revenues......................... 11,597,600 11,597,600
State general fund/general purpose...................... $ 26,487,200 $ 26,487,200
Sec. 14-105. CAPITAL OUTLAY
Armory maintenance....................................... $ 1,000,000 $ 1,000,000
Land and acquisitions.................................... 1,000,000 1,000,000
Special maintenance - National Guard.................... 30,000,000 30,000,000
Special maintenance - veterans' facilities.............. 500,000 500,000
GROSS APPROPRIATION...................................... $ 32,500,000 $ 32,500,000
Appropriated from:
Federal revenues:
Other federal revenues................................... 30,000,000 30,000,000
Special revenue funds:
Other state restricted revenues......................... 1,000,000 1,000,000
State general fund/general purpose...................... $ 1,500,000 $ 1,500,000
Sec. 14-106. INFORMATION TECHNOLOGY
Information technology services and projects............ $ 586,600 $ 586,600
GROSS APPROPRIATION...................................... $ 586,600 $ 586,600
Appropriated from:
Federal revenues:
Other federal revenues................................... 157,600 157,600
Special revenue funds:
State general fund/general purpose...................... $ 429,000 $ 429,000
Sec. 14-107. ONE-TIME APPROPRIATIONS
Armory modernization..................................... $ 115,000,000 $ 0
Grand Rapids home for veterans.......................... 6,456,000 0
Michigan veterans' facility authority................... 6,000,000 0
Selfridge air national guard base....................... 6,100,000 0
Veterans cemetery feasibility study..................... 250,000 0
Veterans suicide prevention outreach.................... 1,200,000 0
GROSS APPROPRIATION...................................... $ 135,006,000 $ 0
Appropriated from:
Federal revenues:
Other federal revenues................................... 61,831,000 0
Special revenue funds:
Other state restricted revenues......................... 560,000 0
State general fund/general purpose...................... $ 72,615,000 $ 0
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
FISCAL YEAR 2023
GENERAL SECTIONS
Sec. 14-201. Pursuant to section 30 of article IX of the state constitution of 1963, total state spending from state sources under part 1 for the fiscal year 2023 is $164,659,900.00 and state spending from state sources to be paid to local units of government for fiscal year 2023 is $4,386,500.00. The itemized statement below identifies appropriations from which spending to local units of government will occur:
DEPARTMENT OF MILITARY AND VETERANS AFFAIRS
Military training sites and support facilities......................... $ 46,500
County veteran service fund............................................ 4,250,000
Michigan veterans affairs agency administration........................ 90,000
TOTAL.................................................................... $ 4,386,500
Sec. 14-202. The appropriations authorized under this article are subject to the management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594.
Sec. 14-203. As used in this article:
(a) "CENA" means competency evaluated nursing assistant.
(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) "MVFA" or "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" or "Michigan veterans affairs agency" means the agency created under Executive Reorganization Order 2013-2, MCL 32.92.
(i) "MVH" means the "Michigan veteran homes" as that term is defined in Section 2 of the Michigan veterans' facility authority act, 2016 PA 560, MCL 36.102.
(j) "USDVA" means the United States Department of Veterans Affairs.
(k) "USDVA-VHA" means the USDVA Veterans Health Administration.
(l) "VSO" means veterans service organization.
(m) "Veterans' facility" means that term as defined in Section 2 of the Michigan veterans' facility authority act, 2016 PA 560, MCL 36.102.
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 shall include transmission of reports via Email to the recipients identified for each reporting requirement, or it shall include placement of reports on an Internet site.
Sec. 14-205. To the extent permissible under MCL 18.1261:
(a) Funds appropriated in part 1 must 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 must be given to goods or services, or both, manufactured or provided by Michigan businesses, if they are competitively priced and of comparable quality.
(c) In addition, preference must be given to goods or services, or both, that are manufactured or provided by Michigan businesses owned and operated by veterans, if they are competitively priced and of comparable quality.
Sec. 14-206. To the extent permissible under the management and budget act, the director shall take all reasonable steps to ensure businesses in deprived and depressed communities compete for and perform contracts to provide services or supplies, or both. 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. Consistent with MCL 18.1217, the departments and agencies receiving appropriations in part 1 shall prepare a report on out-of-state travel expenses not later than January 1 of each year. The travel report shall be a listing of all travel by classified and unclassified employees outside this state in the immediately preceding fiscal year that was funded in whole or in part with funds appropriated in the department's budget. The report shall be submitted to the senate and house appropriations committees, the house and senate fiscal agencies, and the state budget director. The report shall include the following information:
(a) The dates of each travel occurrence.
(b) The transportation and related costs of each travel occurrence, including the proportion funded with state general fund/general purpose revenues, the proportion funded with state restricted revenues, the proportion funded with federal revenues, and the proportion funded with other revenues.
Sec. 14-208. Funds appropriated in part 1 shall not be used by a principal executive department, state agency, or authority to hire a person to provide legal services that are the responsibility of the attorney general. This prohibition does not apply to legal services for bonding activities and for those outside services that the attorney general authorizes.
Sec. 14-209. Not later than December 31, the state budget office shall prepare and transmit a report that provides for estimates of the total general fund/general purpose appropriation lapses at the close of the prior fiscal year. This report shall summarize the projected year-end general fund/general purpose appropriation lapses by major departmental program or program areas. The report shall be transmitted to the chairpersons of the senate and house appropriations committees and the senate and house fiscal agencies.
Sec. 14-210. (1) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $12,000,000.00 for federal contingency funds. These funds are not available for expenditure until they have been transferred to another line item in this article under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.
(2) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $3,000,000.00 for state restricted contingency funds. These funds are not available for expenditure until they have been transferred to another line item in this article under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.
(3) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $500,000.00 for local contingency funds. These funds are not available for expenditure until they have been transferred to another line item in this article under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.
(4) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $100,000.00 for private contingency funds. These funds are not available for expenditure until they have been transferred to another line item in this article under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.
Sec. 14-211. From the funds appropriated in part 1, the department shall provide to the department of technology, management and budget information sufficient to maintain a searchable website accessible by the public at no cost that includes, but is not limited to, all of the following for each department or agency:
(a) Fiscal year-to-date expenditures by category.
(b) Fiscal year-to-date expenditures by appropriation unit.
(c) Fiscal year-to-date payments to a selected vendor, including the vendor name, payment date, payment amount, and payment description.
(d) The number of active department employees by job classification.
(e) Job specifications and wage rates.
Sec. 14-212. Within 14 days after the release of the executive budget recommendation, the department shall provide to the state budget office information sufficient to provide the senate and house appropriations chairs, the senate and house appropriations subcommittees chairs, and the senate and house fiscal agencies with an annual report on estimated state restricted fund balances, state restricted fund projected revenues, and state restricted fund expenditures for the fiscal years ending September 30, 2022 and September 30, 2023.
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, 2023 are estimated at $16,989,300.00. From this amount, total agency appropriations for pension-related legacy costs are estimated at $10,314,700.00. Total agency appropriations for retiree health care legacy costs are estimated at $6,674,600.00.
Sec. 14-221. The department shall provide biannual reports, 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.
Sec. 14-223. The appropriations in part 1 for capital outlay shall be carried forward at the end of the fiscal year consistent with section 248 of the management and budget act, 1984 PA 431, MCL 18.1248.
Sec. 14-224. Except as otherwise provided under this article, any report required to be provided by the department under this article shall be provided to the Senate and House appropriations subcommittees with jurisdiction over the budget of the department, the senate and house fiscal agencies, and the state budget office.
Sec. 14-229. The department shall provide annually its updated departmental strategic plan.
MILITARY
Sec. 14-301. The department shall report a list of the current unclassified positions, which shall include the official titles and responsibilities of each position.
Sec. 14-302. (1) The department shall operate and maintain National Guard armories.
(2) The department shall evaluate armories and submit a report biannually, on the status of the armories.
(3) The department shall maintain a system to measure the condition and adequacy of the armories.
(4) 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.
(5) By December 1, the department shall report the following information:
(a) An assessment of the grounds and facilities of each armory to objectively measure and determine the current facility condition and capability to support authorized manpower, unit training, and operations.
(b) Recommendations for the placement of new armories, the relocation or consolidation of existing armories, or a change in the mission of units assigned to armories to ideally position the National Guard in current or projected population centers.
(c) Recommendations for the enhanced use of armories to facilitate family support programs during deployments.
(d) An analysis of the feasibility, potential costs, and benefits of use of armories shared with other local, state, or federal agencies to improve responses to local emergencies as well as the community support provided to armories.
(e) An investment strategy and proposed funding amounts in a prioritized project list to correct the most critical facility shortfalls across the inventory of armories in this state.
Sec. 14-303. (1) The department shall maintain the Michigan youth challeNGe academy to provide values, skills, education, and self-discipline instruction for at-risk youth as provided under 32 USC 509.
(2) The department shall take steps to recruit candidates to the challeNGe academy from economically disadvantaged areas, including those with low-income and high-unemployment backgrounds.
(3) The department shall partner with the department of health and human services to identify youth who may be eligible for the challeNGe academy from those youth served by department of health and human services programs. These eligible youth shall be given priority for enrollment in the academy.
(4) The department shall maintain the Michigan youth challeNGe academy to graduate at least the target number of graduates consistent with the state's cooperative agreement with the national guard bureau regarding program operations.
(5) The department shall ensure individual academic success as measured by the number of individuals who have received a general equivalency diploma, high school diploma, or high school credit recovery or by the improvement of tests of adult basic education scores, or both.
(6) Any unexpended private donations to support the Michigan youth challeNGe academy at the close of this fiscal year shall not lapse to the general fund but shall be carried forward to the subsequent fiscal year.
Sec. 14-304. (1) By December 15, the department shall provide a report on the revenues, expenditures, and ending fund balance for the prior fiscal year for the Michigan military family relief fund created in section 3 of the Military Family Relief Fund Act, 2004 PA 363, MCL 35.1213. This report shall also include information on the number of applications for assistance received, approved, and denied.
(2) The department shall provide outreach to the Michigan families of members of the reserve component of the Armed Forces of the United States called into active duty.
Sec. 14-305. (1) The department shall provide Army and Air National Guard forces, when directed, for state and local emergencies and in support of national military requirements.
(2) The department shall operate and maintain Army National Guard training facilities, including Fort Custer and Camp Grayling.
(3) The department shall maintain a system that measures the condition and adequacy of air facilities using both quality and functionality criteria.
(4) The department shall operate and maintain Air National Guard air bases, including Selfridge Air National Guard base, Battle Creek Air National Guard base, and Alpena combat readiness training center.
(5) The department shall provide the following information biannually:
(a) The apportioned and assigned strength of the Michigan Army National Guard.
(b) The apportioned and assigned strength of the Michigan Air National Guard.
(c) Recruiting, retention, and attrition data, including measurement against stated performance goals, for the Michigan Army National Guard.
(d) Recruiting, retention, and attrition data, including measurement against stated performance goals, for the Michigan Air National Guard.
Sec. 14-306. There is created and established under the jurisdiction and control of the department a revolving account to be known as the billeting fund account. All of the fees and other revenues generated from the operation of the chargeable transient quarters program shall be deposited in the billeting fund account. Appropriations will be made from the account for the support of program operations and the maintenance and operations of the chargeable transient quarters program and will not exceed the estimated revenues for the fiscal year in which they are made, together with unexpended balances from prior years. The department shall submit an annual report by December 15 of operations and expenditures regarding the billeting fund account for the prior fiscal year.
Sec. 14-307. (1) The department shall maintain a National Guard tuition assistance program under the Michigan national guard tuition assistance act, 2014 PA 259, MCL 32.433.
(2) The objective of the National Guard tuition assistance program is to bolster military readiness by increasing recruitment and retention of Michigan Army and Air National Guard service members, to fill federally authorized strength levels for the state, to improve the Michigan Army and Air National Guard's competitive draw from other military enlistment options in the state, to enhance the ability of the Michigan Army and Air National Guard to compete for members and federal dollars with surrounding states, and to increase the pool of eligible candidates within the Michigan Army and Air National Guard to become commissioned officers.
(3) The department shall make efforts to increase the number of national guard members who have received a credential or are still enrolled in the Michigan National Guard tuition assistance program after their initial term of enlistment. To evaluate the effectiveness of the program, the department shall monitor the number of new recruits and new reenlistments and the percentage of those who become participants in the program to determine whether the percentage of authorized Michigan Army and Air National Guard strength obtained and retained is competitive in comparison with the neighboring army and air national guards from Illinois, Indiana, Ohio, and Wisconsin.
(4) Not later than March 1, the department shall provide a report that shall include the following information, for the prior fiscal year:
(a) The number of guard members, spouses, and dependent children receiving tuition assistance, specifically noting the number of each type of program beneficiary.
(b) The educational institution where program beneficiaries received education or training under the program, specifically noting the number and type of program beneficiary for each institution.
(c) The total amount of financial assistance received by educational institution and type of program beneficiary.
(d) The total funds expended on the program for tuition assistance.
(e) The total funds expended on the program for departmental administration.
(f) The total number of applications for tuition assistance denied, and the associated amount of tuition assistance requested for denied applications.
(g) A delineated list of the grounds for denial and the number of the total applicable to each reason for denial.
(h) A list of specific actions undertaken to increase the opportunities for expanding qualified educational and training programs.
(i) A list of any educational and training programs removed from eligibility and the rationale for their removal.
(j) An explanation of any identified barriers to the successful utilization of the program, or other unmet programmatic needs, and applicable proposals for legislative action to address those issues.
(5) The general fund/general purpose funds appropriated in part 1 for the National Guard tuition assistance fund shall be deposited into the restricted Michigan National Guard tuition assistance fund created in section 4 of the Michigan National Guard tuition assistance act, 2014 PA 259, MCL 32.434. All funds in the restricted Michigan National Guard tuition assistance fund are appropriated and available for expenditure to support the Michigan National Guard tuition assistance program.
Sec. 14-308. The department shall maintain the starbase program at Air National Guard facilities, as provided under 10 USC 2193b, to improve the knowledge, skills, and interest of students, primarily in the fifth grade, in math, science, and technology. The starbase program is to specifically target minority and at-risk students for participation.
Sec. 14-309. There is created and established under the jurisdiction and control of the department a revolving account to be known as the test project fees account. All of the fees and other revenues generated from the operation of the test project program shall be deposited in the test project fees fund account. Funds in the account shall be available for expenditure for the support of program operations as appropriated in part 1. Money remaining in the account at the end of the year shall not lapse and shall carry forward to the subsequent fiscal year.
Sec. 14-310. The morale, welfare, and recreation fund is created within the state treasury. The state treasurer may receive money or other assets from any source for deposit into the fund. The state treasurer shall direct the investment of the fund. The state treasurer shall credit to the fund interest and earnings from fund investments. The department shall be the administrator of the fund for auditing purposes. All of the fees and other revenues generated from the operation of the morale, welfare, and recreation program shall be deposited in the morale, welfare, and recreation fund account. Money in the fund shall be available for expenditure for the support of program operations as appropriated in part 1. Money remaining in the fund at the end of the year shall not lapse and shall carry forward to the subsequent fiscal year.
Sec. 14-311. There is created and established under the jurisdiction and control of the department a revolving account to be known as the rental fees account. All of the fees and other revenues generated from the operation of the rental fees program shall be deposited in the rental fees fund account. Money in the account shall be available for expenditure for the support of program operations as appropriated in part 1. Money remaining in the account at the end of the year shall not lapse and shall carry forward to the subsequent fiscal year.
Sec. 14-312. On December 1, the department shall provide a report on the amount of funds from appropriations in part 1 that will be made available to the Michigan volunteer defense force in the current fiscal year and any restrictions and stipulations made on those funds. The report must include an explanation for the amount of funds made available to the Michigan volunteer defense forces and for any restrictions or stipulations made on those funds.
MICHIGAN VETERANS AFFAIRS AGENCY
Sec. 14-404. (1) Money privately donated to the department for the Michigan veterans affairs agency administration in excess of the appropriation in part 1 is appropriated and may be used for the purpose designated by the private source, if specified.
(2) The department must provide a report within 14 calendar days of receiving the donation that provides the amount of the donation and the purpose for which the funds will be expended, if known.
Sec. 14-405. (1) The MVAA shall provide a report biannually on the financial status of the Michigan veterans' trust fund, including the number and amount of emergency grants, state operating and administrative expenses, and county administrative expenses.
(2) The Michigan veterans' trust fund board together with the MVAA shall provide emergency grants for disbursement from the Michigan veterans' trust fund.
(3) No later than February 1, the MVAA shall provide a detailed report of the Michigan veterans' trust fund that includes, for the prior fiscal year, information on grants provided from the emergency grant program, including details concerning the methodology of allocations, the selection of emergency grant program authorized agents, a description of how the emergency grant program is administered in each county, and a detailed breakdown of trust fund expenditures for that year, including the amount distributed to each county for operating costs, administrative costs and emergency grants. The report shall also include the number of approved applications, by category of assistance, and the number of denied applications, by reason of denial. The report shall also provide an update on the department's efforts to reduce program administrative costs and maintain the Michigan veterans' trust fund corpus at or above its original amount of at least $50,000,000.00.
Sec. 14-406. (1) The MVAA shall provide outreach services to Michigan veterans to advise them on the benefits to which they are entitled, including assistance through the Michigan military family relief fund and Michigan veterans' trust fund, and USDVA health, financial, and memorial benefits.
(2) The MVAA shall fulfill requests for military discharge certificates (DD-214), upon request.
(3) The MVAA shall provide a report annually providing, to the extent known, data on the estimated number of homeless veterans, by county, in this state.
(4) The MVAA shall provide a report annually on its outreach efforts and, to the extent known, data on the percentage of Michigan veterans contacted through its outreach programs.
Sec. 14-408. From the funds appropriated in part 1, the MVAA shall provide for the regional coordination of services, as follows:
(a) The MVAA shall coordinate with veteran benefit counselors throughout a specified region.
(b) The MVAA shall coordinate services with the department of health and human services and the department of corrections.
(c) The MVAA shall coordinate with regional workforce and economic development agencies.
(d) The MVAA shall coordinate activities among local foundations, nonprofit organizations, and community groups to improve accessibility, enrollment, and utilization of the array of health care, education, employment assistance, and quality of life services provided at the local level.
(e) The MVAA may work with MVAA service officers, county veteran counselors, VSO service officers, and other service providers to incorporate the provision of information relating to mental health care resources into their daily operations to aid veterans in understanding the mental health care support services they may be eligible to receive.
(f) The MVAA shall coordinate with the department of health and human services to identify Medicaid recipients who are veterans and who may be eligible for federal veterans health care benefits or other benefits, to the extent that the identification does not violate applicable confidentiality requirements.
(g) The MVAA shall collaborate with the department of corrections to create and maintain a process by which prisoners can obtain a copy of their DD-214 form or other military discharge documentation if necessary.
(h) The MVAA shall ensure that all MVAA service officers and VSO service officers 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.
Sec. 14-410. (1) 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 report biannually on the number of benefit claims, by type, submitted to the USDVA by the MVAA.
(2) The MVAA shall develop and implement a process to ensure that all county counselors receive the training and accreditation necessary to provide quality services to veterans and shall report information biannually on the number and percentage of county veterans counselors trained by the MVAA, and the number and percentage who received funding from the MVAA to attend training.
(3) From the funds appropriated in part 1 for MVAA, the MVAA is authorized to expend up to $50,000.00 to hire legal services to represent veterans benefit cases before federal court to maintain accreditation under 38 CFR 14.628(d)(1)(iv).
Sec. 14-411. (1) The general fund/general purpose funds appropriated in part 1 for the county veteran service fund shall be deposited to the restricted county veteran service fund created in section 3a of 1953 PA 192, MCL 35.623a. All funds in the restricted county veteran service fund are appropriated and available for expenditure to support county veteran service grants.
(2) From the funds appropriated in subsection (1), $260,000.00 shall be allocated to the MVAA to be used to cover costs associated with administering and providing technical assistance to counties for this grant program.
Sec. 14-412. (1) From the funds appropriated in part 1 for veterans service grants, the MVAA shall establish, administer, and award competitive grants to one or more Congressionally-chartered veterans service organizations, or a coalition of these organizations. Grants shall be used to support efforts to connect veterans and their dependents with federal compensation and pension benefits, state veterans' benefits, including emergency grants through the Michigan veterans' trust fund, and other local or non-project assistance that may be available to them. The competitive grant process shall include all of the following:
(a) Using a regional service delivery model, ensure that veterans and their dependents in this state, including those within tribal communities, are provided with services, advocacy, and outreach as close to the communities in which they live, as possible.
(b) Ensure that grantees are providing adequate veteran services and advocacy, through in-person and virtual meetings, that enables them to meet performance goals established in the grant agreement.
(c) Foster innovative and transformative approaches and techniques for the grantee to use when providing service and advocacy for veterans and their dependents.
(d) Require grantees to use an MVAA-designated internet-based claims data system to manage caseloads. License fees associated with this claims data system are considered an allowable expenditure to be reimbursed with grant funds.
(e) Include a provision that requires grantees, in coordination with the MVAA, to provide services to eligible incarcerated veterans who are within one year of their earliest release date.
(f) Ensure that each grantee is issued performance goals.
(g) Ensure that each grantee expends grant awards as prescribed in the grant agreement. The MVAA shall review and audit grantees' expenditure of grant funds to ensure compliance with the grant agreement, as provided under section 470 of the management and budget act, 1984 PA 431, MCL 18.1470.
(h) Require each grantee to report not less than quarterly on all of the following:
(i) An accounting for all grant expenditures.
(ii) The number and type of claims originated and submitted by the grantee to the USDVA.
(iii) The number and type of claims originated by an organization other than the grantee and submitted by the grantee to the USDVA.
(iv) The services provided to veterans and their dependents.
(v) Progress in achieving monthly performance benchmark goals.
(i) Ensure that each grantee is issued monthly performance benchmark goals that each grantee must aim to achieve, and require each grantee to report to the MVAA, in order to ensure that benchmark goals are being achieved or on target to be achieved in the fiscal year.
(2) The MVAA shall do all of the following:
(a) Follow all generally accepted accounting principles in accordance with section 141 and 485 of the management and budget act, 1984 PA 431, MCL 18.141 and 18.1485.
(b) When establishing, modifying, or amending the competitive grant process prescribed in subsection (1), consult and collaborate with Congressionally-chartered veterans service organizations in the state, or a coalition of those organizations, and other stakeholders to ensure a comprehensive approach to providing services, advocacy, and outreach to veterans and their dependents.
(c) Provide notice and opportunity to respond, through written communication, to current grantees any MVAA-proposed modifications or amendments to the competitive grant.
(d) Assess the accuracy rate of claims reported by grantees.
(3) By March 1, MVAA shall provide a report summarizing of grant activities for the prior fiscal year, including the amount of expenditures to date, number of service and advocacy hours, number of claims for benefits submitted by type of claim, and other information deemed appropriate by the MVAA.
MICHIGAN VETERANS' FACILITY AUTHORITY
Sec. 14-451. (1) Money privately donated to the MVH, MVFA, or individual veterans' facilities in excess of the appropriation in part 1 is appropriated and may be used for the purpose designated by the private source, if specified.
(2) The MVH must provide a report within 14 calendar days of receiving the donation that includes the amount of the donation and the purpose for which the funds will be expended, if known.
Sec. 14-452. (1) The MVH and the MVFA shall provide compassionate and quality nursing and domiciliary care services at state veterans' facilities so that members can achieve their highest potential of wellness, independence, self-worth, and dignity.
(2) From the funds appropriated in part 1, the MVFA and MVH shall provide nursing care services to veterans in accordance with federal standards and report the results of the annual USDVA survey and certification as proof of compliance.
(3) Appropriations in part 1 for a veterans' facility shall not be used for any purpose other than expenses related to the operations of the veterans' facility, resident members, and their families.
Sec. 14-453. Any contractor providing mental health services to a veterans' facility shall utilize mental health interventions that have been shown to be effective with the conditions they are treating, in accordance with evidence-based best practices supported by the USDVA-VHA, United States Department of Defense, the Substance Abuse and Mental Health Services Administration, the American Psychological Association, and the National Association of Social Workers.
Sec. 14-454. (1) Any contractor providing CENAs to a veterans' facility shall ensure that each CENA has at least 8 hours of training on information provided by the home.
(2) Any contractor providing CENAs to a home operated by the MVH shall ensure that each CENA has at least one 8-hour shift of shadowing at the veterans' home.
(3) Any contractor providing CENAs to a veterans' facility shall ensure that each CENA is competent in the basic skills needed to perform his or her assigned duties at the home.
(4) A veterans' facility shall provide each CENA at least 12 hours of in-service training once that individual has been assigned to the facility.
Sec. 14-456. (1) All complaints of abusive or neglectful care at a veterans' facility by a resident member, a resident member's family or legal guardian, or staff of the veterans' facility 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 Michigan veterans' facility authority may specify a more frequent reporting period to the home administrator, Michigan veterans' facility authority, agency, subcommittees, senate and house fiscal agencies, and state budget office.
(2) Biannually, the MVH shall report the following information:
(a) A description of the process by which resident members and others may file complaints of alleged abuse or neglect at a veterans' facility.
(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.
(3) The process by which visitors, residents, and staff of the veterans' facility may register complaints shall be displayed in high-traffic areas throughout the home.
Sec. 14-458. The MVH shall do the following regarding member care:
(a) 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 MVH shall provide all members and staff a safe and secure environment.
(b) 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.
Sec. 14-460. The MVH shall establish and implement internal controls concerning the following:
(a) The use and management of food, maintenance, pharmaceutical, and medical supply inventories.
(b) Calculating resident member maintenance assessments in order to accurately calculate resident member maintenance assessments for each billing cycle and ensure that all past due resident member maintenance assessments are addressed within 30 days.
(c) Monetary donations and donated goods.
(d) The handling of resident member funds to ensure the release of funds within 15 calendar days upon the resident member leaving the home and to ensure that a representative of a resident member is provided a full accounting of that resident member's funds within 30 calendar days after the death of that resident member.
Sec. 14-462. (1) The MVH shall post on its website the following:
(a) All policies adopted by the MVFA and the veterans' facilities related to the administrative operations of the veterans' facilities.
(b) The agenda and minutes of public meetings of the MVFA board.
(2) The MVH shall provide a report with copies of each veterans' facility's USDVA State Veteran Home quarterly report. These quarterly reports shall also be posted on the MVH website.
(3) The MVH shall provide biannual reports regarding the number of members residing in each of the veterans' facilities.
(4) The MVH shall provide a report on the results of any annual or for-cause survey conducted by any entity with oversight over the veterans' facility and any corresponding corrective action plan. This information shall also be made available publicly through the MVH's website.
Sec. 14-464. In addition to the funds appropriated in part 1, private revenues held by the state on a nonfiduciary basis for a member of a veterans' facility are appropriated to pay medical expenses, member assessments, and other expenses incurred by that member. Any unexpended or unencumbered private revenues held on a nonfiduciary basis by the department shall at the close of the fiscal year shall not lapse to the general fund but shall be carried forward into the subsequent fiscal year.
CAPITAL OUTLAY
Sec. 14-501. (1) The department shall provide for the acquisition and disposition of National Guard armories, facilities, and lands as provided under sections 368, 382, and 382a of the Michigan military act, 1967 PA 150, MCL 32.768, 32.782, and 32.782a.
(2) The department shall provide a listing of property sales and acquisitions biannually.
Sec. 14-502. (1) The appropriations 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.
(2) The department shall provide a report biannually providing information on the status, projected costs, and projected completion date of current and planned special maintenance projects at the armories and other National Guard facilities funded from capital outlay appropriations made in part 1 and in prior appropriations years.
Sec. 14-503. (1) The appropriations for special maintenance - veterans' facilities shall be expended in accordance with the requirements of section 452 of this part and shall be expended according to the maintenance priorities of the department to repair and modernize the state's veterans' facilities, which may include physical plant expansions, renovation, or enhancements, and other projects designed to enhance the quality of life and medical care of members.
(2) The MVH shall provide a report biannually providing information on the status, projected costs, and projected completion date of current and planned special maintenance projects at veterans' facilities funded from capital outlay appropriations made in part 1 and in prior appropriations years.
Sec. 14-504. The appropriations for armory maintenance shall be expended in accordance with the requirements of sections 302 and 305 of this part and shall be expended according to the maintenance priorities of the department to repair and modernize military training sites and support facilities, including armories.
ONE-TIME APPROPRIATIONS
Sec. 14-602. The unexpended funds appropriated in part 1 for veterans suicide prevention outreach 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 project is to provide outreach to prevent suicide among service members, veterans, and their families.
(b) The project will be accomplished by contract.
(c) The total estimated cost of the project is $1,200,000.00.
(d) The tentative completion date is September 30, 2026.
Article 15
DEPARTMENT OF NATURAL RESOURCES
PART 1
LINE-ITEM APPROPRIATIONS AND ANTICIPATED APPROPRIATIONS
Sec. 15-101. Subject to the conditions set forth in this article, the amounts listed in this part for the department of natural resources are appropriated for the fiscal year ending September 30, 2023, and are anticipated to be appropriated for the fiscal year ending September 30, 2024, 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................ 2,412.8 2,412.8
GROSS APPROPRIATION................................... . $ 534,152,200 $ 485,245,500
Total interdepartmental grants and interdepartmental
transfers.............................................. 203,100 203,100
ADJUSTED GROSS APPROPRIATION............................ $ 533,949,100 $ 485,042,400
Total federal revenues................................... 93,630,000 93,630,000
Total local revenues..................................... 0 0
Total private revenues................................... 7,039,200 7,039,200
Total other state restricted revenues................... 337,504,200 335,954,200
State general fund/general purpose...................... $ 95,775,700 $ 48,419,000
State general fund/general purpose schedule:
Ongoing state general fund/general purpose........... 48,419,000 48,419,000
One-time state general fund/general purpose.......... 47,356,700 0
Sec. 15-102. DEPARTMENTAL ADMINISTRATION AND SUPPORT
Full-time equated unclassified positions.............. 6.0 6.0
Full-time equated classified positions................ 141.1 141.1
Unclassified salaries-6.0 FTE positions................. $ 900,500 $ 900,500
Accounting service center................................ 1,505,100 1,505,100
Executive direction-11.6 FTE positions.................. 2,307,900 2,307,900
Finance and operations-105.5 FTE positions.............. 17,568,800 17,568,800
Gifts and pass-through transactions..................... 5,003,600 5,003,600
Legal services-4.0 FTE positions........................ 693,500 693,500
Minerals management-20.0 FTE positions.................. 3,032,200 3,032,200
Natural resources commission............................ 77,100 77,100
Property management...................................... 4,334,300 4,334,300
GROSS APPROPRIATION...................................... $ 35,423,000 $ 35,423,000
Appropriated from:
Interdepartmental grant revenues:
IDG from other restricted funding....................... 203,100 203,100
Federal revenues:
Other federal revenues................................... 365,400 365,400
Special revenue funds:
Private revenues......................................... 5,003,600 5,003,600
Other state restricted revenues......................... 26,210,500 26,210,500
State general fund/general purpose...................... $ 3,640,400 $ 3,640,400
Sec. 15-103. DEPARTMENT INITIATIVES
Full-time equated classified positions................ 13.0 13.0
Great Lakes restoration initiative...................... $ 2,905,300 $ 2,905,300
Invasive species prevention and control-13.0 FTE
positions.............................................. 5,101,600 5,101,600
GROSS APPROPRIATION...................................... $ 8,006,900 $ 8,006,900
Appropriated from:
Federal revenues:
Other federal revenues................................... 2,905,300 2,905,300
Special revenue funds:
State general fund/general purpose...................... $ 5,101,600 $ 5,101,600
Sec. 15-104. COMMUNICATION AND CUSTOMER SERVICES
Full-time equated classified positions................ 137.3 137.3
Marketing and outreach-80.8 FTE positions............... $ 15,526,400 $ 15,526,400
Michigan historical center-56.5 FTE positions........... 7,290,700 7,290,700
Michigan wildlife council................................ 1,600,000 1,600,000
GROSS APPROPRIATION...................................... $ 24,417,100 $ 24,417,100
Appropriated from:
Federal revenues:
Other federal revenues................................... 2,821,800 2,821,800
Special revenue funds:
Other state restricted revenues......................... 16,321,000 16,321,000
State general fund/general purpose...................... $ 5,274,300 $ 5,274,300
Sec. 15-105. WILDLIFE MANAGEMENT
Full-time equated classified positions................ 230.5 230.5
Natural resources heritage-9.0 FTE positions............ $ 645,300 $ 645,300
Wildlife management-221.5 FTE positions................. 46,896,200 46,896,200
GROSS APPROPRIATION...................................... $ 47,541,500 $ 47,541,500
Appropriated from:
Federal revenues:
Other federal revenues................................... 26,207,600 26,207,600
Special revenue funds:
Private revenues......................................... 315,700 315,700
Other state restricted revenues......................... 16,461,200 16,461,200
State general fund/general purpose...................... $ 4,557,000 $ 4,557,000
Sec. 15-106. FISHERIES MANAGEMENT
Full-time equated classified positions................ 227.5 227.5
Aquatic resource mitigation-2.0 FTE positions........... $ 636,000 $ 636,000
Fish production-63.0 FTE positions...................... 10,723,000 10,723,000
Fisheries resource management-162.5 FTE positions....... 22,953,700 22,953,700
GROSS APPROPRIATION...................................... $ 34,312,700 $ 34,312,700
Appropriated from:
Federal revenues:
Other federal revenues................................... 11,877,800 11,877,800
Special revenue funds:
Private revenues......................................... 136,700 136,700
Other state restricted revenues......................... 21,093,200 21,093,200
State general fund/general purpose...................... $ 1,205,000 $ 1,205,000
Sec. 15-107. LAW ENFORCEMENT
Full-time equated classified positions................ 293.0 293.0
General law enforcement-293.0 FTE positions............. $ 47,253,700 $ 47,253,700
GROSS APPROPRIATION...................................... $ 47,253,700 $ 47,253,700
Appropriated from:
Federal revenues:
Other federal revenues................................... 6,921,000 6,921,000
Special revenue funds:
Other state restricted revenues......................... 27,426,300 27,426,300
State general fund/general purpose...................... $ 12,906,400 $ 12,906,400
Sec. 15-108. PARKS AND RECREATION DIVISION
Full-time equated classified positions................ 1,033.9 1,033.9
Forest recreation and trails-74.9 FTE positions......... $ 9,051,100 $ 9,051,100
MacMullan conference center-15.0 FTE positions.......... 1,226,100 1,226,100
Michigan conservation corps.............................. 934,400 934,400
Recreational boating-179.6 FTE positions................ 22,919,900 22,919,900
State parks-764.4 FTE positions......................... 92,480,000 92,480,000
GROSS APPROPRIATION...................................... $ 126,611,500 $ 126,611,500
Appropriated from:
Federal revenues:
Other federal revenues................................... 1,842,800 1,842,800
Special revenue funds:
Private revenues......................................... 428,300 428,300
Other state restricted revenues......................... 119,988,600 119,988,600
State general fund/general purpose...................... $ 4,351,800 $ 4,351,800
Sec. 15-109. MACKINAC ISLAND STATE PARK COMMISSION
Full-time equated classified positions................ 17.0 17.0
Historical facilities system-13.0 FTE positions......... $ 1,887,300 $ 1,887,300
Mackinac Island State Park operations-4.0 FTE
positions.............................................. 340,300 340,300
GROSS APPROPRIATION...................................... $ 2,227,600 $ 2,227,600
Appropriated from:
Special revenue funds:
Other state restricted revenues......................... 1,808,600 1,808,600
State general fund/general purpose...................... $ 419,000 $ 419,000
Sec. 15-110. FOREST RESOURCES DIVISION
Full-time equated classified positions................ 319.5 319.5
Adopt-a-forest program................................... $ 25,000 $ 25,000
Cooperative resource programs-11.0 FTE positions........ 1,633,100 1,633,100
Forest fire equipment.................................... 931,500 931,500
Forest management and timber market development-185.0
FTE positions.......................................... 44,513,700 44,513,700
Forest management initiatives-8.5 FTE positions......... 929,000 929,000
Wildfire protection-115.0 FTE positions................. 16,084,400 16,084,400
GROSS APPROPRIATION...................................... $ 64,116,700 $ 64,116,700
Appropriated from:
Federal revenues:
Other federal revenues................................... 12,538,600 12,538,600
Special revenue funds:
Private revenues......................................... 1,054,900 1,054,900
Other state restricted revenues......................... 42,842,000 42,842,000
State general fund/general purpose...................... $ 7,681,200 $ 7,681,200
Sec. 15-111. GRANTS
Dam management grant program............................ $ 350,000 $ 350,000
Deer habitat improvement partnership initiative......... 200,000 200,000
Federal - clean vessel act grants....................... 400,000 400,000
Federal - forest stewardship grants..................... 2,000,000 2,000,000
Federal - land and water conservation fund payments..... 13,000,000 13,000,000
Federal - rural community fire protection............... 400,000 400,000
Federal - urban forestry grants......................... 900,000 900,000
Fisheries habitat improvement grants.................... 1,250,000 1,250,000
Grants to communities - federal oil, gas, and timber
payments............................................... 3,450,000 3,450,000
Grants to counties - marine safety...................... 3,074,700 3,074,700
National recreational trails............................ 3,907,300 3,907,300
Nonmotorized trail development and maintenance grants... 200,000 200,000
Off-road vehicle safety training grants................. 60,000 60,000
Off-road vehicle trail improvement grants............... 6,415,500 6,415,500
Recreation improvement fund grants...................... 916,800 916,800
Recreation passport local grants........................ 2,000,000 2,000,000
Snowmobile law enforcement grants....................... 380,100 380,100
Snowmobile local grants program......................... 8,090,400 8,090,400
Trail easements.......................................... 2,200,000 2,200,000
Wildlife habitat improvement grants..................... 1,502,500 1,502,500
GROSS APPROPRIATION...................................... $ 50,697,300 $ 50,697,300
Appropriated from:
Federal revenues:
Other federal revenues................................... 25,624,700 25,624,700
Special revenue funds:
Private revenues......................................... 100,000 100,000
Other state restricted revenues......................... 24,422,600 24,422,600
State general fund/general purpose...................... $ 550,000 $ 550,000
Sec. 15-112. INFORMATION TECHNOLOGY
Information technology services and projects............ $ 10,562,500 $ 10,562,500
GROSS APPROPRIATION...................................... $ 10,562,500 $ 10,562,500
Appropriated from:
Special revenue funds:
Other state restricted revenues......................... 9,330,200 9,330,200
State general fund/general purpose...................... $ 1,232,300 $ 1,232,300
Sec. 15-113. CAPITAL OUTLAY
(1) RECREATIONAL LANDS AND INFRASTRUCTURE
State game and wildlife area infrastructure............. $ 1,400,000 $ 1,400,000
State parks repair and maintenance...................... 19,200,000 19,200,000
Wetlands restoration, enhancement and acquisition....... 1,000,000 1,000,000
GROSS APPROPRIATION...................................... $ 21,600,000 $ 21,600,000
Appropriated from:
Federal revenues:
Other federal revenues................................... 1,050,000 1,050,000
Special revenue funds:
Other state restricted revenues......................... 19,050,000 19,050,000
State general fund/general purpose...................... $ 1,500,000 $ 1,500,000
(2) WATERWAYS BOATING PROGRAM
Local boating infrastructure maintenance and
improvements........................................... $ 3,622,500 $ 3,622,500
State boating infrastructure maintenance................ 8,852,500 8,852,500
GROSS APPROPRIATION...................................... $ 12,475,000 $ 12,475,000
Appropriated from:
Federal revenues:
Other federal revenues................................... 1,475,000 1,475,000
Special revenue funds:
Other state restricted revenues......................... 11,000,000 11,000,000
State general fund/general purpose...................... $ 0 $ 0
Sec. 15-114. ONE-TIME APPROPRIATIONS
Archives of Michigan digitization....................... $ 485,000 $ 0
Equipment lifecycle replacement......................... 12,421,700 0
Great Lakes research vessel.............................. 4,000,000 0
Mass timber facility Newberry customer service center... 2,000,000 0
State fish hatchery upgrades and improvements........... 30,000,000 0
GROSS APPROPRIATION...................................... $ 48,906,700 $ 0
Appropriated from:
Special revenue funds:
Other state restricted revenues......................... 1,550,000 0
State general fund/general purpose...................... $ 47,356,700 $ 0
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
FISCAL YEAR 2023
GENERAL SECTIONS
Sec. 15-201. Pursuant to section 30 of article IX of the state constitution of 1963, total state spending from state sources under part 1 for the fiscal year 2023 is $433,279,900.00 and state spending from state sources to be paid to local units of government for fiscal year 2023 is $10,971,400.00. The itemized statement below identifies appropriations from which spending to local units of government will occur:
DEPARTMENT OF NATURAL RESOURCES
Invasive species prevention and control................................ $ 1,900,000
Dam management grant program........................................... 175,000
Fisheries habitat improvement grants................................... 125,000
Grants to counties - marine safety..................................... 1,407,300 Nonmotorized trail development and maintenance grants................... 100,000
Off-road vehicle safety training grants................................ 60,000
Off-road vehicle trail improvement grants.............................. 959,500
Recreation improvement fund grants..................................... 91,700
Recreation passport local grants....................................... 2,000,000
Snowmobile law enforcement grants...................................... 380,100
Wildlife habitat improvement grants.................................... 150,300
Local boating infrastructure maintenance and improvements............. 3,622,500
TOTAL.................................................................... $ 10,971,400
Sec. 15-202. The appropriations authorized under this article are subject to the management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594.
Sec. 15-203. As used in this article:
(a) "Department" means the department of natural resources.
(b) "Director" means the director of the department.
(c) "FTE" means full-time equated.
(d) "IDG" means interdepartmental grant.
Sec. 15-204. The departments and agencies receiving appropriations in part 1 shall use the Internet to fulfill the reporting requirements of this article. This requirement shall include transmission of reports via Email to the recipients identified for each reporting requirement, or it shall include placement of reports on an Internet site.
Sec. 15-205. To the extent permissible under MCL 18.1261:
(a) Funds appropriated in part 1 must 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 must be given to goods or services, or both, manufactured or provided by Michigan businesses, if they are competitively priced and of comparable quality.
(c) In addition, preference must be given to goods or services, or both, that are manufactured or provided by Michigan businesses owned and operated by veterans, if they are competitively priced and of comparable quality.
Sec. 15-206. To the extent permissible under the management and budget act, the director shall take all reasonable steps to ensure businesses in deprived and depressed communities compete for and perform contracts to provide services or supplies, or both. 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. 15-207. Consistent with MCL 18.1217, the departments and agencies receiving appropriations in part 1 shall prepare a report on out-of-state travel expenses not later than January 1 of each year. The travel report shall be a listing of all travel by classified and unclassified employees outside this state in the immediately preceding fiscal year that was funded in whole or in part with funds appropriated in the department's budget. The report shall be submitted to the senate and house appropriations committees, the house and senate fiscal agencies, and the state budget director. The report shall include the following information:
(a) The dates of each travel occurrence.
(b) The transportation and related costs of each travel occurrence, including the proportion funded with state general fund/general purpose revenues, the proportion funded with state restricted revenues, the proportion funded with federal revenues, and the proportion funded with other revenues.
Sec. 15-208. Funds appropriated in part 1 shall not be used by a principal executive department, state agency, or authority to hire a person to provide legal services that are the responsibility of the attorney general. This prohibition does not apply to legal services for bonding activities and for those outside services that the attorney general authorizes.
Sec. 15-209. Not later than December 31, the state budget office shall prepare and transmit a report that provides for estimates of the total general fund/general purpose appropriation lapses at the close of the prior fiscal year. This report shall summarize the projected year-end general fund/general purpose appropriation lapses by major departmental program or program areas. The report shall be transmitted to the chairpersons of the senate and house appropriations committees and the senate and house fiscal agencies.
Sec. 15-210. (1) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $3,000,000.00 for federal contingency funds. These funds are not available for expenditure until they have been transferred to another line item in this article under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.
(2) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $10,000,000.00 for state restricted contingency funds. These funds are not available for expenditure until they have been transferred to another line item in this article under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.
(3) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $1,000,000.00 for private contingency funds. These funds are not available for expenditure until they have been transferred to another line item in this article under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.
Sec. 15-211. From the funds appropriated in part 1, the department shall provide to the department of technology, management and budget information sufficient to maintain a searchable website accessible by the public at no cost that includes, but is not limited to, all of the following for each department or agency:
(a) Fiscal year-to-date expenditures by category.
(b) Fiscal year-to-date expenditures by appropriation unit.
(c) Fiscal year-to-date payments to a selected vendor, including the vendor name, payment date, payment amount, and payment description.
(d) The number of active department employees by job classification.
(e) Job specifications and wage rates.
Sec. 15-212. Within 14 days after the release of the executive budget recommendation, the department shall provide to the state budget office information sufficient to provide the senate and house appropriations chairs, the senate and house appropriations subcommittees chairs, and the senate and house fiscal agencies with an annual report on estimated state restricted fund balances, state restricted fund projected revenues, and state restricted fund expenditures for the fiscal years ending September 30, 2022 and September 30, 2023.
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, 2023 are estimated at $41,796,900.00. From this amount, total agency appropriations for pension-related legacy costs are estimated at $25,376,200.00. Total agency appropriations for retiree health care legacy costs are estimated at $16,420,700.00.
Sec. 15-223. (1) In addition to the money appropriated in part 1, there is appropriated from the following state restricted funds up to the following amounts to the department of technology, management, and budget:
Game and fish protection fund................................................. $575,600
Michigan state waterways fund.................................................. 307,800
Park improvement fund.......................................................... 447,300
Forest development fund........................................................ 307,800
(2) In addition to the money appropriated in part 1, there is appropriated from the following state restricted funds up to the following amounts to the attorney general:
Game and fish protection fund................................................. $670,900
Michigan state waterways fund.................................................. 148,700
(3) In addition to the money appropriated in part 1, there is appropriated from the following state restricted funds up to the following amounts to the legislative auditor general:
Game and fish protection fund.................................................. $34,800
Michigan state waterways fund................................................... 12,600
(4) In addition to the money appropriated in part 1, there is appropriated from the following state restricted funds up to the following amounts to the department of treasury:
Game and fish protection fund............................................... $3,383,800
Michigan state waterways fund.................................................. 408,900
Michigan natural resources trust fund....................................... 3,195,500
(5) In addition to the amounts appropriated in part 1, available resources from the from the following state restricted funds are appropriated to the civil service commission at the amount calculated for each fund pursuant to section 5 of article XI of the state constitution of 1963:
(a) Michigan conservation and recreation legacy fund.
(b) Forest development fund.
(c) Michigan natural resources trust fund.
(d) Michigan state parks endowment fund.
(e) Nongame wildlife fund.
Sec. 15-224. 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, 2023.
DEPARTMENT INITIATIVES
Sec. 15-251. From the amounts appropriated in part 1 for invasive species prevention and control, the department shall allocate not less than $3,600,000.00 for grants for the prevention, detection, eradication, and control of invasive species.
DEPARTMENTAL ADMINISTRATION AND SUPPORT
Sec. 15-302. The department may charge land acquisition projects appropriated for the fiscal year ending September 30, 2023, and for prior fiscal years, a standard percentage fee to recover actual costs, and may use the revenue derived to support the land acquisition service charges provided for in part 1.
Sec. 15-303. As appropriated in part 1, the department may charge both application fees and transaction fees related to the exchange or sale of state-owned land or rights in land authorized by part 21 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.2101 to 324.2165. The fees shall be set by the director at a rate that allows the department to recover its costs for providing these services.
WILDLIFE DIVISION
Sec. 15-507. (1) With the authority vested in section 43521 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.43521, the department may discount the price of antlerless deer licenses to $5.00 for deer management units 452 and 487 to achieve a harvest or management objective for that species.
(2) From the funds appropriated in part 1 for wildlife management, up to $505,000.00 from the general fund shall be credited to the game and fish protection account to supplant lost revenue that would otherwise be collected from full-price antlerless deer licenses sold for deer management units 452 and 487 pursuant to the fees set in section 43527a of the natural resources and environmental protection act, 1994 PA 451, MCL 324.43527a, if not for the discount in subsection (1). The state budget director shall authorize the expenditure of these funds only upon confirmation of the license discount under subsection (1).
(3) The department may terminate the discount in subsection (1) once the lost revenue from that discount reaches $505,000.00.
(4) Should lost revenue from the discount in subsection (1) not exceed $505,000.00 by a date to be specified by the department but not before November 15, the department shall then terminate the discount in subsection (1) and allocate the remaining funds to costs associated with testing deer for chronic wasting disease that were harvested outside the areas designated by the department as chronic wasting disease surveillance areas where sample collection sites are available.
(5) The department shall implement subsection (4) in a form and manner prescribed by the department.
FOREST RESOURCES DIVISION
Sec. 15-802. From the funds appropriated in part 1, the department shall provide quarterly reports on the number of acres of state forestland prepared for timber harvest to the senate and house appropriations subcommittees on natural resources and the standing committees of the senate and house of representatives with primary responsibility for natural resources issues. The department shall complete and deliver these reports by 45 days after the end of the fiscal quarter.
Sec. 15-803. In addition to the money appropriated in part 1, the department may receive and expend money from federal sources to provide response to wildfires and hazard incidents as required by a compact with the federal government. If additional expenditure authorization is required, the department shall notify the state budget office that expenditure under this section is required. The department shall notify the house and senate appropriations subcommittees on natural resources and the house and senate fiscal agencies by November 1 of the expenditures under this section during the fiscal year ending September 30, 2022.
Sec. 15-807. (1) In addition to the funds appropriated in part 1, there is appropriated from the disaster and emergency contingency fund up to $800,000.00 to cover department costs related to any disaster as defined in section 2 of the emergency management act, 1976 PA 390, MCL 30.402.
(2) Funds appropriated under subsection (1) shall not be expended unless the state budget director recommends the expenditure and the department notifies the house and senate committees on appropriations. By December 1 each year, the department shall provide a report to the senate and house fiscal agencies and the state budget office on the use of the disaster and emergency contingency fund during the prior fiscal year.
(3) If Federal Emergency Management Agency reimbursement is approved for costs paid from the disaster and emergency contingency fund, the federal revenue shall be deposited into the disaster and emergency contingency fund.
(4) Unexpended and unencumbered funds remaining in the disaster and emergency contingency fund at the close of the fiscal year shall not lapse to the general fund and shall be carried forward and be available for expenditures in subsequent fiscal years.
GRANTS
Sec. 15-1001. Federal pass-through funds to local institutions and governments that are received in amounts in addition to those included in part 1 for grants to communities - federal oil, gas, and timber payments and that do not require additional state matching funds are appropriated for the purposes intended. By November 30, the department shall report to the senate and house appropriations subcommittees on natural resources, the senate and house fiscal agencies, and the state budget director on all amounts appropriated under this section during the fiscal year ending September 30, 2022.
CAPITAL OUTLAY
Sec. 15-1103. The appropriations in part 1 for capital outlay shall be carried forward at the end of the fiscal year consistent with section 248 of the management and budget act, 1984 PA 431, MCL 18.1248.
Article 16
DEPARTMENT OF STATE
PART 1
LINE-ITEM APPROPRIATIONS AND ANTICIPATED APPROPRIATIONS
Sec. 16-101. Subject to the conditions set forth in this article, the amounts listed in this part for the department of state are appropriated for the fiscal year ending September 30, 2023, and are anticipated to be appropriated for the fiscal year ending September 30, 2024, from the funds indicated in this part. The following is a summary of the appropriations and anticipated appropriations in this part:
DEPARTMENT OF STATE
APPROPRIATION SUMMARY
Full-time equated unclassified positions.............. 6.0 6.0
Full-time equated classified positions................ 1,596.0 1,596.0
GROSS APPROPRIATION...................................... $ 256,264,000 $ 256,264,000
Total interdepartmental grants and interdepartmental
transfers.............................................. 20,000,000 20,000,000
ADJUSTED GROSS APPROPRIATION............................ $ 236,264,000 $ 236,264,000
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................... 221,007,300 221,007,300
State general fund/general purpose...................... $ 13,746,600 $ 13,746,600
State general fund/general purpose schedule:
Ongoing state general fund/general purpose........... 13,746,600 13,746,600
One-time state general fund/general purpose.......... 0 0
Sec. 16-102. DEPARTMENTAL ADMINISTRATION AND SUPPORT
Full-time equated unclassified positions.............. 6.0 6.0
Full-time equated classified positions................ 130.0 130.0
Secretary of state-1.0 FTE position..................... $ 112,500 $ 112,500
Unclassified salaries-5.0 FTE positions................. 750,900 750,900
Executive direction-30.0 FTE positions.................. 4,849,600 4,849,600
Operations-100.0 FTE positions.......................... 24,234,500 24,234,500
Property management...................................... 9,961,100 9,961,100
Worker's compensation.................................... 157,000 157,000
GROSS APPROPRIATION...................................... $ 40,065,600 $ 40,065,600
Appropriated from:
Special revenue funds:
Other state restricted revenues......................... 39,079,400 39,079,400
State general fund/general purpose...................... $ 986,200 $ 986,200
Sec. 16-103. LEGAL SERVICES
Full-time equated classified positions................ 158.0 158.0
Operations-158.0 FTE positions.......................... $ 21,588,500 $ 21,588,500
GROSS APPROPRIATION...................................... $ 21,588,500 $ 21,588,500
Appropriated from:
Special revenue funds:
Other state restricted revenues......................... 20,624,300 20,624,300
State general fund/general purpose...................... $ 964,200 $ 964,200
Sec. 16-104. CUSTOMER DELIVERY SERVICES
Full-time equated classified positions................ 1,263.0 1,263.0
Branch operations-926.0 FTE positions................... $ 94,218,500 $ 94,218,500
Central operations-335.0 FTE positions.................. 50,758,400 50,758,400
Motorcycle safety education administration-2.0 FTE
positions.............................................. 650,600 650,600
Motorcycle safety education grants...................... 2,100,000 2,100,000
Organ donor program...................................... 129,100 129,100
GROSS APPROPRIATION...................................... $ 147,856,600 $ 147,856,600
Appropriated from:
Interdepartmental grant revenues:
IDG from department of transportation................... 20,000,000 20,000,000
Federal revenues:
Other federal revenues................................... 1,460,000 1,460,000
Special revenue funds:
Private revenues......................................... 50,100 50,100
Other state restricted revenues......................... 123,400,400 123,400,400
State general fund/general purpose...................... $ 2,946,100 $ 2,946,100
Sec. 16-105. ELECTION REGULATION
Full-time equated classified positions................ 45.0 45.0
County clerk education and training fund................ $ 100,000 $ 100,000
Election administration and services-45.0 FTE
positions.............................................. 7,587,700 7,587,700
Fees to local units...................................... 109,800 109,800
GROSS APPROPRIATION...................................... $ 7,797,500 $ 7,797,500
Appropriated from:
Special revenue funds:
Other state restricted revenues......................... 443,500 443,500
State general fund/general purpose...................... $ 7,354,000 $ 7,354,000
Sec. 16-106. INFORMATION TECHNOLOGY
Information technology services and projects............ $ 38,955,800 $ 38,955,800
GROSS APPROPRIATION...................................... $ 38,955,800 $ 38,955,800
Appropriated from:
Special revenue funds:
Other state restricted revenues......................... 37,459,700 37,459,700
State general fund/general purpose...................... $ 1,496,100 $ 1,496,100
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
FISCAL YEAR 2023
GENERAL SECTIONS
Sec. 16-201. Pursuant to section 30 of article IX of the state constitution of 1963, total state spending from state sources under part 1 for the fiscal year 2023 is $234,753,900.00 and state spending from state sources to be paid to local units of government for fiscal year 2023 is $1,417,200.00. The itemized statement below identifies appropriations from which spending to local units of government will occur:
DEPARTMENT OF STATE
Motorcycle safety education grants..................................... $ 1,377,200
Fees to local units.................................................... 40,000
TOTAL.................................................................... $ 1,417,200
Sec. 16-202. The appropriations authorized under this article are subject to the management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594.
Sec. 16-203. As used in this article:
(a) "Department" means the department of state.
(b) "Director" means the director of the department.
(c) "FTE" means full-time equated.
(d) "IDG" means interdepartmental grant.
Sec. 16-204. The departments and agencies receiving appropriations in part 1 shall use the Internet to fulfill the reporting requirements of this article. This requirement shall include transmission of reports via Email to the recipients identified for each reporting requirement, or it shall include placement of reports on an Internet site.
Sec. 16-205. To the extent permissible under MCL 18.1261:
(a) Funds appropriated in part 1 must 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 must be given to goods or services, or both, manufactured or provided by Michigan businesses, if they are competitively priced and of comparable quality.
(c) In addition, preference must be given to goods or services, or both, that are manufactured or provided by Michigan businesses owned and operated by veterans, if they are competitively priced and of comparable quality.
Sec. 16-206. To the extent permissible under the management and budget act, the director shall take all reasonable steps to ensure businesses in deprived and depressed communities compete for and perform contracts to provide services or supplies, or both. 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. 16-207. Consistent with MCL 18.1217, the departments and agencies receiving appropriations in part 1 shall prepare a report on out-of-state travel expenses not later than January 1 of each year. The travel report shall be a listing of all travel by classified and unclassified employees outside this state in the immediately preceding fiscal year that was funded in whole or in part with funds appropriated in the department's budget. The report shall be submitted to the senate and house appropriations committees, the house and senate fiscal agencies, and the state budget director. The report shall include the following information:
(a) The dates of each travel occurrence.
(b) The transportation and related costs of each travel occurrence, including the proportion funded with state general fund/general purpose revenues, the proportion funded with state restricted revenues, the proportion funded with federal revenues, and the proportion funded with other revenues.
Sec. 16-208. Funds appropriated in part 1 shall not be used by a principal executive department, state agency, or authority to hire a person to provide legal services that are the responsibility of the attorney general. This prohibition does not apply to legal services for bonding activities and for those outside services that the attorney general authorizes.
Sec. 16-209. Not later than December 31, the state budget office shall prepare and transmit a report that provides for estimates of the total general fund/general purpose appropriation lapses at the close of the prior fiscal year. This report shall summarize the projected year-end general fund/general purpose appropriation lapses by major departmental program or program areas. The report shall be transmitted to the chairpersons of the senate and house appropriations committees and the senate and house fiscal agencies.
Sec. 16-210. (1) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $2,000,000.00 for federal contingency funds. These funds are not available for expenditure until they have been transferred to another line item in this article under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.
(2) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $7,500,000.00 for state restricted contingency funds. These funds are not available for expenditure until they have been transferred to another line item in this article under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.
(3) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $50,000.00 for local contingency funds. These funds are not available for expenditure until they have been transferred to another line item in this article under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.
(4) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $100,000.00 for private contingency funds. These funds are not available for expenditure until they have been transferred to another line item in this article under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.
Sec. 16-211. From the funds appropriated in part 1, the department shall provide to the department of technology, management and budget information sufficient to maintain a searchable website accessible by the public at no cost that includes, but is not limited to, all of the following for each department or agency:
(a) Fiscal year-to-date expenditures by category.
(b) Fiscal year-to-date expenditures by appropriation unit.
(c) Fiscal year-to-date payments to a selected vendor, including the vendor name, payment date, payment amount, and payment description.
(d) The number of active department employees by job classification.
(e) Job specifications and wage rates.
Sec. 16-212. Within 14 days after the release of the executive budget recommendation, the department shall provide to the state budget office information sufficient to provide the senate and house appropriations chairs, the senate and house appropriations subcommittees chairs, and the senate and house fiscal agencies with an annual report on estimated state restricted fund balances, state restricted fund projected revenues, and state restricted fund expenditures for the fiscal years ending September 30, 2022 and September 30, 2023.
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, 2023 are estimated at $28,229,500.00. From this amount, total agency appropriations for pension-related legacy costs are estimated at $17,139,000.00. Total agency appropriations for retiree health care legacy costs are estimated at $11,090,500.00.
DEPARTMENT OF STATE
Sec. 16-703. 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 $15.00 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 state budget director, the legislature, the chairpersons of the relevant appropriations subcommittees, and the senate and house fiscal agencies.
Sec. 16-704. From the funds appropriated in part 1, the secretary of state may enter into agreements with the department of corrections for the manufacture of vehicle registration plates 15 months before the registration year in which the registration plates will be used.
Sec. 16-705. (1) The department 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. 16-707. 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. 16-708. 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. 16-709. 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. 16-711. 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. 16-712. 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. 16-713. (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. 16-715. (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. 16-717. (1) The department may accept nonmonetary gifts, donations, or contributions of property, of a de minimus value, 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, but may accept donations of motorcycles for use for motorcycle safety training and testing. 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. 16-723. The funds appropriated in part 1 for county clerk education and training shall only be used for costs associated with the training of local clerks in preparation for elections. The department shall not allocate any funds appropriated for county clerk education and training for any other purposes.
Article 17
DEPARTMENT OF STATE POLICE
PART 1
LINE-ITEM APPROPRIATIONS AND ANTICIPATED APPROPRIATIONS
Sec. 17-101. Subject to the conditions set forth in this article, the amounts listed in this part for the department of state police are appropriated for the fiscal year ending September 30, 2023, and are anticipated to be appropriated for the fiscal year ending September 30, 2024, 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................ 3,764.0 3,764.0
GROSS APPROPRIATION...................................... $ 821,979,000 $ 812,584,800
Total interdepartmental grants and interdepartmental
transfers.............................................. 25,502,400 25,502,400
ADJUSTED GROSS APPROPRIATION............................ $ 796,476,600 $ 787,082,400
Total federal revenues................................... 81,804,300 81,804,300
Total local revenues..................................... 4,904,500 4,904,500
Total private revenues................................... 35,000 35,000
Total other state restricted revenues................... 153,827,700 153,827,700
State general fund/general purpose...................... $ 555,905,100 $ 546,510,900
State general fund/general purpose schedule:
Ongoing state general fund/general purpose........... 546,510,900 546,510,900
One-time state general fund/general purpose.......... 9,394,200 0
Sec. 17-102. DEPARTMENTAL ADMINISTRATION AND SUPPORT
Full-time equated unclassified positions.............. 3.0 3.0
Full-time equated classified positions................ 139.0 139.0
Unclassified salaries-3.0 FTE positions................. $ 553,600 $ 553,600
Department services-17.0 FTE positions.................. 7,625,600 7,625,600
Departmentwide........................................... 48,770,800 48,770,800
Executive direction-45.0 FTE positions.................. 7,359,900 7,359,900
Mobile office and system support-39.0 FTE positions..... 5,861,100 5,861,100
Professional development bureau-38.0 FTE positions...... 10,247,400 10,247,400
GROSS APPROPRIATION...................................... $ 80,418,400 $ 80,418,400
Appropriated from:
Interdepartmental grant revenues:
IDG from department of corrections...................... 26,000 26,000
IDG from department of transportation................... 41,100 41,100
IDG from department of treasury......................... 163,400 163,400
IDG from other restricted funding....................... 192,200 192,200
Interdepartmental transfers.............................. 55,300 55,300
Federal revenues:
Other federal revenues................................... 1,866,600 1,866,600
Special revenue funds:
Local revenues........................................... 8,400 8,400
Michigan merit award trust fund......................... 15,900 15,900
Other state restricted revenues......................... 5,350,200 5,350,200
State general fund/general purpose...................... $ 72,699,300 $ 72,699,300
Sec. 17-103. LAW ENFORCEMENT
Full-time equated classified positions................ 604.0 604.0
Biometrics and identification-60.0 FTE positions........ $ 11,108,200 $ 11,108,200
Criminal justice information center-155.0 FTE
positions.............................................. 26,995,100 26,995,100
Forensic science-279.0 FTE positions.................... 48,111,700 48,111,700
Grants and community services-61.0 FTE positions........ 20,005,100 20,005,100
Office of school safety-6.0 FTE positions............... 1,356,900 1,356,900
State 9-1-1 administration-5.0 FTE positions............ 1,128,800 1,128,800
Training-38.0 FTE positions.............................. 8,272,300 8,272,300
GROSS APPROPRIATION...................................... $ 116,978,100 $ 116,978,100
Appropriated from:
Interdepartmental grant revenues:
IDG from department of state............................ 396,300 396,300
IDG from department of transportation................... 737,100 737,100
IDG from other restricted funding....................... 2,768,200 2,768,200
Interdepartmental transfers.............................. 750,000 750,000
Federal revenues:
Other federal revenues................................... 13,690,200 13,690,200
Special revenue funds:
Local revenues........................................... 919,200 919,200
Private revenues......................................... 20,000 20,000
Other state restricted revenues......................... 43,285,300 43,285,300
State general fund/general purpose...................... $ 54,411,800 $ 54,411,800
Sec. 17-104. MICHIGAN COMMISSION ON LAW ENFORCEMENT STANDARDS
Full-time equated classified positions................ 20.0 20.0
De-escalation training................................... $ 500,000 $ 500,000
Justice training grants.................................. 5,810,000 5,810,000
Public safety officers benefit fund-1.0 FTE position.... 303,000 303,000
Standards and training-19.0 FTE positions............... 3,936,900 3,936,900
Training only to local units............................ 654,500 654,500
GROSS APPROPRIATION...................................... $ 11,204,400 $ 11,204,400
Appropriated from:
Federal revenues:
Other federal revenues................................... 278,700 278,700
Special revenue funds:
Other state restricted revenues......................... 9,800,200 9,800,200
State general fund/general purpose...................... $ 1,125,500 $ 1,125,500
Sec. 17-105. FIELD SERVICES
Full-time equated classified positions................ 2,379.0 2,379.0
Investigative services-148.5 FTE positions.............. $ 37,559,000 $ 37,559,000
Post operations-2,200.5 FTE positions................... 377,374,400 377,374,400
Secure cities partnership-30.0 FTE positions............ 8,680,200 8,680,200
GROSS APPROPRIATION...................................... $ 423,613,600 $ 423,613,600
Appropriated from:
Interdepartmental grant revenues:
IDG from department of treasury......................... 5,492,400 5,492,400
Interdepartmental transfers.............................. 952,000 952,000
Federal revenues:
Other federal revenues................................... 9,978,700 9,978,700
Special revenue funds:
Local revenues........................................... 1,233,600 1,233,600
Michigan merit award trust fund......................... 854,900 854,900
Other state restricted revenues......................... 53,276,800 53,276,800
State general fund/general purpose...................... $ 351,825,200 $ 351,825,200
Sec. 17-106. SPECIALIZED SERVICES
Full-time equated classified positions................ 622.0 622.0
Commercial vehicle enforcement-211.0 FTE positions...... $ 32,468,800 $ 32,468,800
Emergency management and homeland security-64.0 FTE
positions.............................................. 16,576,700 16,576,700
Hazardous materials programs-25.0 FTE positions......... 23,603,200 23,603,200
Highway safety planning-26.0 FTE positions.............. 18,238,400 18,238,400
Intelligence operations-220.0 FTE positions............. 31,638,300 31,638,300
Secondary road patrol program-1.0 FTE position.......... 13,077,300 13,077,300
Special operations-75.0 FTE positions................... 15,855,300 15,855,300
GROSS APPROPRIATION...................................... $ 151,458,000 $ 151,458,000
Appropriated from:
Interdepartmental grant revenues:
IDG from department of transportation................... 11,259,800 11,259,800
IDG from department of treasury......................... 100,000 100,000
Interdepartmental transfers.............................. 2,047,900 2,047,900
Federal revenues:
Other federal revenues................................... 55,029,700 55,029,700
Special revenue funds:
Local revenues........................................... 1,791,600 1,791,600
Private revenues......................................... 15,000 15,000
Other state restricted revenues......................... 29,664,900 29,664,900
State general fund/general purpose...................... $ 51,549,100 $ 51,549,100
Sec. 17-107. INFORMATION TECHNOLOGY
Information technology services and projects............ $ 28,912,300 $ 28,912,300
GROSS APPROPRIATION...................................... $ 28,912,300 $ 28,912,300
Appropriated from:
Interdepartmental grant revenues:
IDG from department of transportation................... 364,700 364,700
IDG from department of treasury......................... 122,800 122,800
IDG from other restricted funding....................... 11,500 11,500
Interdepartmental transfers.............................. 21,700 21,700
Federal revenues:
Other federal revenues................................... 960,400 960,400
Special revenue funds:
Local revenues........................................... 951,700 951,700
Michigan merit award trust fund......................... 3,400 3,400
Other state restricted revenues......................... 11,576,100 11,576,100
State general fund/general purpose...................... $ 14,900,000 $ 14,900,000
Sec. 17-108. ONE-TIME APPROPRIATIONS
Recruitment, training, and outreach..................... $ 1,000,000 $ 0
Traffic stop data collection enhancement................ 3,700,000 0
Trooper school........................................... 4,694,200 0
GROSS APPROPRIATION...................................... $ 9,394,200 $ 0
Appropriated from:
Special revenue funds:
State general fund/general purpose...................... $ 9,394,200 $ 0
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
FISCAL YEAR 2023
GENERAL SECTIONS
Sec. 17-201. Pursuant to section 30 of article IX of the state constitution of 1963, total state spending from state sources under part 1 for the fiscal year 2023 is $709,732,800.00 and state spending from state sources to be paid to local units of government for fiscal year 2023 is $19,407,000.00. The itemized statement below identifies appropriations from which spending to local units of government will occur:
DEPARTMENT OF STATE POLICE
Justice training grants................................................ $ 5,810,000
Training only to local units........................................... 654,500
Secondary road patrol program.......................................... 12,942,500
TOTAL.................................................................... $ 19,407,000
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) "CJIS" means Criminal Justice Information Systems.
(b) "Department" means the department of state police.
(c) "Director" means the director of the department.
(d) "DNA" means deoxyribonucleic acid.
(e) "DTMB" means the department of technology, management and budget.
(f) "FTE" means full-time equated.
(g) "IDG" means interdepartmental grant.
(h) "MCOLES" means the Michigan commission on law enforcement standards created in section 3 of the Michigan commission on law enforcement standards act, 1965 PA 203, MCL 28.603.
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 shall include transmission of reports via Email to the recipients identified for each reporting requirement, or it shall include placement of reports on an Internet site.
Sec. 17-205. To the extent permissible under MCL 18.1261:
(a) Funds appropriated in part 1 must 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 must be given to goods or services, or both, manufactured or provided by Michigan businesses, if they are competitively priced and of comparable quality.
(c) In addition, preference must be given to goods or services, or both, that are manufactured or provided by Michigan businesses owned and operated by veterans, if they are competitively priced and of comparable quality.
Sec. 17-206. To the extent permissible under the management and budget act, the director shall take all reasonable steps to ensure businesses in deprived and depressed communities compete for and perform contracts to provide services or supplies, or both. 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. 17-207. Consistent with MCL 18.1217, the departments and agencies receiving appropriations in part 1 shall prepare a report on out-of-state travel expenses not later than January 1 of each year. The travel report shall be a listing of all travel by classified and unclassified employees outside this state in the immediately preceding fiscal year that was funded in whole or in part with funds appropriated in the department's budget. The report shall be submitted to the senate and house appropriations committees, the house and senate fiscal agencies, and the state budget director. The report shall include the following information:
(a) The dates of each travel occurrence.
(b) The transportation and related costs of each travel occurrence, including the proportion funded with state general fund/general purpose revenues, the proportion funded with state restricted revenues, the proportion funded with federal revenues, and the proportion funded with other revenues.
Sec. 17-208. Funds appropriated in part 1 shall not be used by a principal executive department, state agency, or authority to hire a person to provide legal services that are the responsibility of the attorney general. This prohibition does not apply to legal services for bonding activities and for those outside services that the attorney general authorizes.
Sec. 17-209. Not later than December 31, 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 $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 $4,000,000.00 for state restricted contingency funds. These funds are not available for expenditure until they have been transferred to another line item in this article under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.
(3) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $1,000,000.00 for local contingency funds. These funds are not available for expenditure until they have been transferred to another line item in this article under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.
(4) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $200,000.00 for private contingency funds. These funds are not available for expenditure until they have been transferred to another line item in this article under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.
Sec. 17-211. From the funds appropriated in part 1, the department shall provide to the department of technology, management and budget information sufficient to maintain a searchable website accessible by the public at no cost that includes, but is not limited to, all of the following for each department or agency:
(a) Fiscal year-to-date expenditures by category.
(b) Fiscal year-to-date expenditures by appropriation unit.
(c) Fiscal year-to-date payments to a selected vendor, including the vendor name, payment date, payment amount, and payment description.
(d) The number of active department employees by job classification.
(e) Job specifications and wage rates.
Sec. 17-212. Within 14 days after the release of the executive budget recommendation, the department shall provide to the state budget office information sufficient to provide the senate and house appropriations chairs, the senate and house appropriations subcommittees chairs, and the senate and house fiscal agencies with an annual report on estimated state restricted fund balances, state restricted fund projected revenues, and state restricted fund expenditures for the fiscal years ending September 30, 2022 and September 30, 2023.
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, 2023 are estimated at $145,238,000.00. From this amount, total department appropriations for pension-related legacy costs are estimated at $94,652,600.00. Total department appropriations for retiree health care legacy costs are estimated at $50,585,400.00.
Sec. 17-223. Based on the availability of federal funding and demonstrated need, as indicated by applications submitted to the state court administrative office, the department shall provide $1,500,000.00 in Byrne justice assistance grant program funding to the judiciary by interdepartmental grant.
Sec. 17-224. The department shall provide biannual 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. 17-227. (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.
(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. All costs incurred in providing the service are eligible for reimbursement.
(4) This section does not apply to services provided to state agencies.
(5) Revenues received for contractual or reimbursed services in excess of the appropriation in part 1 are appropriated and may be received and expended by the department for the purposes for which funds are received.
(6) If additional authorization is approved in the statewide integrated governmental management application (SIGMA) by the state budget office under this section, the department shall notify the subcommittees and the senate and house fiscal agencies within 10 days after the approval. The notification shall include the amount and funding source of the additional authorization, the date of its approval, and the projected use of funds to be expended.
Sec. 17-228. The department shall serve as an active liaison between the DTMB and state, local, regional, and federal public safety agencies on matters pertaining to the Michigan public safety communications system and shall report user issues to the DTMB.
Sec. 17-229. The department may establish and collect fees for publications, videos, conferences, workshops, and related materials. Collected fees shall be used to offset expenditures for costs of the publications, videos, workshops, conferences, and related materials. The department shall not collect fees under this section that exceed the cost of the expenditures.
Sec. 17-230. (1) The department may accept monetary and nonmonetary gifts, bequests, donations, contributions, or grants from any private or public source to support, in whole or in part, a departmental function or program. The department shall expend or use such gifts, bequests, donations, contributions, or grants for the purposes designated by the private or public source, if the purpose is specified.
(2) Revenue collected by the department under this section that is unexpended and unencumbered shall not lapse to the general fund but shall be carried forward to the subsequent fiscal year.
(3) Private revenues received 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.
(4) If additional authorization is approved in the statewide integrated governmental management application (SIGMA) by the state budget office under this section, the department shall notify the subcommittees and the senate and house fiscal agencies within 10 days after the approval. The notification shall include the amount and funding source of the additional authorization, the date of its approval, and the projected use of funds to be expended.
Sec. 17-231. (1) Federal revenues authorized by and available from the federal government in excess of the appropriations 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. The total amount of federal revenues that may be received and expended under this section must not exceed $45,000,000.00.
(2) The department shall notify the subcommittees and the senate and house fiscal agencies before expending federal revenues received and appropriated under subsection (1).
(3) If additional authorization is approved in the statewide integrated governmental management application (SIGMA) by the state budget office under this section, the department shall notify the subcommittees and the senate and house fiscal agencies within 10 days after the approval. The notification shall include the amount and funding source of the additional authorization, the date of its approval, and the projected use of funds to be expended.
Sec. 17-235. In collaboration with the Michigan department of health and human services and the Michigan department of education, the department shall advise on initiatives in schools and other educational organizations that include, but are not limited to, training for educators, teachers, and other personnel in school settings for all of the following:
(a) Utilization of trauma-informed practices.
(b) Age-appropriate education and information on human trafficking.
(c) Age-appropriate education and information on sexual abuse prevention.
LAW ENFORCEMENT
Sec. 17-401. (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 224, for days of training being conducted by the academy.
(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. 17-402. (1) In accordance with applicable state and federal laws and regulations, the department shall maintain and ensure compliance with CJIS databases and applications in the support of public safety and law enforcement communities.
(2) The department shall improve the accuracy, timeliness, and completeness of criminal history information by conducting a minimum of 30 outreach activities targeted to criminal justice agencies. The department shall report the number of these outreach activities conducted, as provided under section 224.
(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 $15.00 per incident. The department may also sell an extract of electronic traffic crash data for a fee of $0.25 per incident, provided that the name, address, and any other personal identifying information have been excluded.
(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, as provided in 1927 PA 372, MCL 28.421 to 28.435.
(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 224.
(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 28.274.
(b) Fees for application and licensing for initial and renewal concealed pistol licenses under 1927 PA 372, MCL 28.421 to 28.435.
(c) Fees for searching, copying, and providing public records under the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.
(d) Revenue from other sources, including, but not limited to, investment and interest earnings. (12) Unexpended and unencumbered revenue generated by state records management system fees shall not lapse to the general fund, but shall be carried forward into the subsequent fiscal year.
Sec. 17-403. (1) The department shall provide forensic testing and analysis/profiling of DNA evidence to aid in law enforcement investigations in this state.
(2) The department shall ensure its ability to maintain accreditation by a federally designated accrediting agency, as provided under 34 USC 12592.
(3) The department shall provide forensic science services with an average turnaround time of 55 days, assuming an annual caseload volume commensurate with the average annual caseload received by the forensic science division during the preceding 5 fiscal years, and shall work to 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 224:
(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.
Sec. 17-404. (1) The biometrics and identification division shall house and manage the automated biometric 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, as provided in section 224.
(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 the average annual caseload received during the preceding 5 fiscal years, 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. 17-405. Not later than December 1, the department shall submit a report to the subcommittees and senate and house fiscal agencies that includes, but is not limited to, all of the following information:
(a) Sexual assault kit analysis backlog at the beginning of the prior fiscal year.
(b) The number of sexual assault kits collected or submitted for analysis during the prior fiscal year.
(c) The number of sexual assault kits analyzed and the number of associated DNA profiles created and uploaded during the prior fiscal year.
(d) Sexual assault kit analysis backlog at the end of the prior fiscal year.
(e) The average turnaround time to analyze sexual assault kits and to create and upload associated DNA profiles for the prior fiscal year.
Sec. 17-406. The department shall provide administrative support for the following grant and community service programs:
(a) The operations of the automobile theft prevention authority.
(b) Administration of the Edward Byrne memorial justice assistance program and other grant programs, as well as the department's community policing efforts.
(c) Administration of the office of school safety.
(d) Administration and outreach of the OK2SAY program.
Sec. 17-407. Not later than March 30, the office of school safety shall provide a school safety report to the legislature and the senate and house fiscal agencies that must include the following:
(a) Reports of incidents of school violence or threats reported to the state police by local law enforcement or local school districts, or received through the Michigan incident crime report (MICR).
(b) Reports of OK2SAY-based incidences and activities.
(c) Based upon an evaluation of incidents of school safety and analysis of school safety grants, recommendations on best practices and other safety measures to ensure school safety in this state.
COMMISSION ON LAW ENFORCEMENT STANDARDS
Sec. 17-501. (1) MCOLES shall establish standards for the selection, employment, training, education, licensing, and licensure 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.
Sec. 17-502. The general fund/general purpose funds appropriated in part 1 for the public safety officers benefit fund must be deposited into the public safety officers benefit fund created in section 3 of the public safety officers benefit act, 2004 PA 46, MCL 28.633. All funds in the public safety officers benefit fund are appropriated and available for expenditure in accordance with section 3 of the public safety officers benefit act, 2004 PA 46, MCL 28.633.
FIELD SERVICES
Sec. 17-601. (1) Department enlisted personnel who are employed to enforce traffic laws as provided in section 629e of the Michigan vehicle code, 1949 PA 300, MCL 257.629e, are not prohibited from responding to crimes in progress or other emergency situations and are responsible for making every effort to protect all residents of this state.
(2) The department shall submit a report on or before April 15 to the subcommittees and senate and house fiscal agencies regarding the secure cities partnership during the prior calendar year.
Sec. 17-602. The department shall identify and apprehend criminals through criminal investigations in this state.
Sec. 17-603. (1) The department shall provide protection to this state, its economy, welfare, and vital state-sponsored programs through the prevention and suppression of organized smuggling of untaxed tobacco products in this 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, and by maintaining a tobacco tax enforcement unit.
(2) The department shall submit an annual report on December 1 to the subcommittees, the senate and house appropriations subcommittees on general government, the senate and house fiscal agencies, and the state budget office that details expenditures and activities related to tobacco tax enforcement for the prior fiscal year.
Sec. 17-604. The department shall provide fire investigation training and investigative assistance to public safety agencies in this state.
SPECIALIZED SERVICES
Sec. 17-701. (1) The department shall operate the Michigan intelligence operations center for homeland security as this state's primary federally designated fusion center to receive, analyze, gather, and disseminate threat related information among federal, state, local, tribal, and private sector partners.
(2) The department shall ensure public safety by providing public and private sector partners with timely and accurate information regarding critical information key resource threats as reported to or discovered by the Michigan intelligence operations center for homeland security and shall increase public awareness on how to report suspicious activity through website or telephone communications.
Sec. 17-702. 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.
Sec. 17-703. (1) The department shall maintain commercial vehicle regulation, school bus inspections, and enforcement activities, including enforcement of requirements concerning size, weight, and load restrictions; operating authority; registration; fuel taxes; transportation of hazardous materials; operations of new entrants; commercial driver licenses; and inspections pursuant to the federal motor carrier assistance program.
(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. 17-704. (1) The department shall coordinate the mitigation, preparation, response, and recovery activities of municipal, county, state, and federal governments, and other governmental entities, for all hazards, disasters, and emergencies.
(2) The state director of emergency management may expend money appropriated under part 1 to call upon any agency or department of the state or any resource of the state to protect life or property or to provide for the health or safety of the population in any area of this state in which the governor proclaims a state of emergency or state of disaster under the emergency management act, 1976 PA 390, MCL 30.401 to 30.421. The state director of emergency management may expend the amounts the director considers necessary to accomplish these purposes. The director shall submit to the state budget director, as soon as possible, a complete report of all actions taken under the authority of this section. The report shall contain, as a separate item, a statement of all money expended that is not reimbursable from federal funding. The state budget director shall review the expenditures and submit recommendations to the legislature in regard to any possible need for a supplemental appropriation.
(3) In addition to the funds appropriated in part 1, the department may receive and expend money from local, private, federal, or state sources for the purpose of providing emergency management training to local or private interests and for the purpose of supporting emergency preparedness, response, recovery, and mitigation activity. If additional expenditure authorization in the statewide integrated governmental management application (SIGMA) is approved by the state budget office under this section, the department and the state budget office shall notify the subcommittees and the senate and house fiscal agencies within 10 days after the approval. The notification shall include the amount and source of the additional authorization, the date of its approval, and the projected use of funds to be expended under the authorization.
(4) The department shall foster, promote, and maintain partnerships to protect this state and homeland from all hazards.
(5) 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.
Sec. 17-705. The department shall provide for the planning, administration, and implementation of highway traffic safety programs to save lives and reduce injuries on roads in this state, in partnership with other public and private organizations.
Sec. 17-706. (1) Funds appropriated in part 1 for the secondary road patrol program shall be used to provide grants to sheriffs under the secondary road patrol program described under section 76 of 1846 RS 14, MCL 51.76.
(2) Not later than April 30, the office of highway safety planning shall work with the state court administrative office, as necessary, to issue a report to the department and the subcommittees on the following data from the previous calendar year:
(a) The total number of traffic civil infractions written under both state and local ordinances for which the $40.00 justice system assessment is to be assessed.
(b) Of the total number reported under subdivision (a), the number of traffic civil infractions written under both state and local ordinances that the court assessed and ordered payment of the justice system assessment.
(c) Of the number reported under subdivision (b), the number of traffic civil infractions for which the justice system assessment was collected and distributed to the justice system fund created in section 181 of the revised judicature act of 1961, 1961 PA 236, MCL 600.181.
(d) The number of citations, misdemeanors, and felonies written under both state and local ordinances corresponding to a law of this state for a violation of each of the following:
(i) Section 617a of the Michigan vehicle code, 1949 PA 300, MCL 257.617a.
(ii) Section 618 of the Michigan vehicle code, 1949 PA 300, MCL 257.618.
(iii) Section 625(1) of the Michigan vehicle code, 1949 PA 300, MCL 257.625.
(iv) Section 625(8) of the Michigan vehicle code, 1949 PA 300, MCL 257.625.
(v) Section 626 of the Michigan vehicle code, 1949 PA 300, MCL 257.626.
(vi) Section 676b of the Michigan vehicle code, 1949 PA 300, MCL 257.676b.
(vii) Section 904 of the Michigan vehicle code, 1949 PA 300, MCL 257.904.
(3) The sheriffs' duties under the secondary road patrol program, as outlined in section 76(2) of 1846 RS 14, MCL 51.76, are to patrol and monitor traffic violations; to enforce the criminal laws of this state, violations of which are observed by or brought to the attention of the sheriff's department while patrolling and monitoring secondary roads; to investigate accidents involving motor vehicles; and to provide emergency assistance to persons on or near a highway or road the sheriff is patrolling and monitoring.
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, 2023, and are anticipated to be appropriated for the fiscal year ending September 30, 2024, 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................ 3,177.0 3,177.0
GROSS APPROPRIATION...................................... $ 1,854,239,700 $ 1,653,239,700
Total interdepartmental grants and interdepartmental
transfers.............................................. 1,047,125,600 1,047,125,600
ADJUSTED GROSS APPROPRIATION............................ $ 807,114,100 $ 606,114,100
Total federal revenues................................... 5,217,200 5,217,200
Total local revenues.................................. . 2,331,200 2,331,200
Total private revenues................................... 137,400 137,400
Total other state restricted revenues................... 123,219,300 123,219,300
State general fund/general purpose...................... $ 676,209,000 $ 475,209,000
State general fund/general purpose schedule:
Ongoing state general fund/general purpose........... 475,209,000 475,209,000
One-time state general fund/general purpose.......... 201,000,000 0
Sec. 18-102. DEPARTMENTAL ADMINISTRATION AND SUPPORT
Full-time equated unclassified positions.............. 6.0 6.0
Full-time equated classified positions................ 868.5 868.5
Unclassified salaries-6.0 FTE positions................. $ 1,028,500 $ 1,028,500
Administrative services-180.5 FTE positions............. 27,602,900 27,602,900
Budget and financial management-178.0 FTE positions..... 41,523,700 41,523,700
Building operation services-255.0 FTE positions......... 97,974,700 97,974,700
Bureau of labor market information and strategies-44.0
FTE positions.......................................... 7,988,800 7,988,800
Business support services-106.0 FTE positions........... 14,232,700 14,232,700
Design and construction services-40.0 FTE positions..... 7,045,900 7,045,900
Executive operations-12.0 FTE positions................. 2,481,000 2,481,000
Motor vehicle fleet-39.0 FTE positions.................. 85,732,400 85,732,400
Office of the state employer-14.0 FTE positions......... 1,755,600 1,755,600
Property management...................................... 8,873,400 8,873,400
GROSS APPROPRIATION...................................... $ 296,239,600 $ 296,239,600
Appropriated from:
Interdepartmental grant revenues:
IDG from department of health and human services........ 754,100 754,100
IDG from department of licensing and regulatory
affairs................................................ 100,000 100,000
IDG from other restricted funding....................... 211,038,800 211,038,800
Federal revenues:
Other federal revenues................................... 5,217,200 5,217,200
Special revenue funds:
Local revenues........................................... 53,400 53,400
Private revenues......................................... 137,400 137,400
Other state restricted revenues......................... 27,075,600 27,075,600
State general fund/general purpose...................... $ 51,863,100 $ 51,863,100
Sec. 18-103. TECHNOLOGY SERVICES
Full-time equated classified positions................ 1,663.5 1,663.5
Enterprise identity management-25.0 FTE positions....... $ 14,751,900 $ 14,751,900
Information technology services-1,457.5 FTE positions... 829,399,800 829,399,800
Homeland security initiative/cyber security-44.0 FTE
positions.............................................. 17,322,600 17,322,600
Information technology investment fund.................. 35,000,000 35,000,000
Michigan public safety communications system-137.0 FTE
positions.............................................. 48,950,100 48,950,100
GROSS APPROPRIATION...................................... $ 945,424,400 $ 945,424,400
Appropriated from:
Interdepartmental grant revenues:
IDG from other restricted funding....................... 829,399,800 829,399,800
Special revenue funds:
Local revenues........................................... 2,277,800 2,277,800
State general fund/general purpose...................... $ 113,746,800 $ 113,746,800
Sec. 18-104. STATEWIDE APPROPRIATIONS
Professional development fund - AFSCME.................. $ 50,000 $ 50,000
Professional development fund - MPE, SEIU, scientific
and engineering unit................................... 100,000 100,000
Professional development fund - MPE, SEIU, technical
unit................................................... 50,000 50,000
Professional development fund - NEREs................... 200,000 200,000
Professional development fund - UAW..................... 700,000 700,000
GROSS APPROPRIATION...................................... $ 1,100,000 $ 1,100,000
Appropriated from:
Interdepartmental grant revenues:
IDG from other restricted funding....................... 1,100,000 1,100,000
Special revenue funds:
State general fund/general purpose...................... $ 0 $ 0
Sec. 18-105. SPECIAL PROGRAMS
Full-time equated classified positions................ 186.0 186.0
Michigan infrastructure office-5.0 FTE positions........ $ 5,000,000 $ 5,000,000
Office of children's ombudsman-14.0 FTE positions....... 2,160,200 2,160,200
Property management - executive/legislative............. 1,320,300 1,320,300
Retirement services-167.0 FTE positions................. 26,238,000 26,238,000
GROSS APPROPRIATION...................................... $ 34,718,500 $ 34,718,500
Appropriated from:
Special revenue funds:
Other state restricted revenues......................... 26,145,000 26,145,000
State general fund/general purpose...................... $ 8,573,500 $ 8,573,500
Sec. 18-106. STATE BUILDING AUTHORITY RENT
State building authority rent - community colleges...... $ 32,981,600 $ 32,981,600
State building authority rent - state agencies.......... 66,293,700 66,293,700
State building authority rent - universities............ 132,295,300 132,295,300
GROSS APPROPRIATION...................................... $ 231,570,600 $ 231,570,600
Appropriated from:
Special revenue funds:
State general fund/general purpose...................... $ 231,570,600 $ 231,570,600
Sec. 18-107. CIVIL SERVICE COMMISSION
Full-time equated classified positions................ 459.0 459.0
Agency services-113.0 FTE positions..................... $ 17,741,000 $ 17,741,000
Employee benefits-27.0 FTE positions.................... 7,944,800 7,944,800
Executive direction-40.0 FTE positions.................. 10,225,400 10,225,400
Human resources operations-279.0 FTE positions.......... 36,171,700 36,171,700
Information technology services and projects............ 4,110,700 4,110,700
GROSS APPROPRIATION...................................... $ 76,193,600 $ 76,193,600
Appropriated from:
Special revenue funds:
Other state restricted revenues......................... 50,946,200 50,946,200
State general fund/general purpose...................... $ 25,247,400 $ 25,247,400
Sec. 18-108. CAPITAL OUTLAY
Enterprisewide special maintenance for state
facilities............................................. $ 28,000,000 $ 28,000,000
Major special maintenance, remodeling, and additions
for state agencies..................................... 3,800,000 3,800,000
GROSS APPROPRIATION...................................... $ 31,800,000 $ 31,800,000
Appropriated from:
Interdepartmental grant revenues:
IDG from other restricted funding....................... 3,800,000 3,800,000
Special revenue funds:
State general fund/general purpose...................... $ 28,000,000 $ 28,000,000
Sec. 18-109. INFORMATION TECHNOLOGY
Information technology services and projects............ $ 36,193,000 $ 36,193,000
GROSS APPROPRIATION...................................... $ 36,193,000 $ 36,193,000
Appropriated from:
Interdepartmental grant revenues:
IDG from other restricted funding....................... 932,900 932,900
Special revenue funds:
Other state restricted revenues......................... 19,052,500 19,052,500
State general fund/general purpose...................... $ 16,207,600 $ 16,207,600
Sec. 18-110. ONE-TIME APPROPRIATIONS
Energy efficiency revolving fund........................ $ 5,000,000 $ 0
Enterprisewide special maintenance for state
facilities............................................. 70,000,000 0
Information technology investment fund.................. 115,000,000 0
Space realignment and optimization...................... 1,000,000 0
State fleet electric vehicle transition................. 10,000,000 0
GROSS APPROPRIATION...................................... $ 201,000,000 $ 0
Appropriated from:
Special revenue funds:
State general fund/general purpose...................... $ 201,000,000 $ 0
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
FISCAL YEAR 2023
GENERAL SECTIONS
Sec. 18-201. Pursuant to section 30 of article IX of the state constitution of 1963, total state spending from state sources under part 1 for the fiscal year 2023 is $799,428,300.00 and state spending from state sources to be paid to local units of government for fiscal year 2023 is $0.00.
Sec. 18-202. The appropriations authorized under this article are subject to the management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594.
Sec. 18-203. As used in this article:
(a) "AFSCME" means American Federation of State, County, and Municipal Employees.
(b) "COBRA" means the consolidated omnibus budget reconciliation act of 1985, Public Law 99-272, 100 Stat 82.
(c) "Department" means the department of technology, management and budget.
(d) "Director" means the director of the department.
(e) "FTE" means full-time equated.
(f) "IDG" means interdepartmental grant.
(g) "JCOS" means the joint capital outlay subcommittee.
(h) "MPE" means the Michigan Public Employees.
(i) "NERE" means nonexclusively represented employees.
(j) "SEIU" means Service Employees International Union.
(k) "SIGMA" means statewide integrated governmental management applications.
(l) "State building authority" means the authority created under 1964 PA 183, MCL 830.411 to 830.425.
(m) "UAW" means the United Automobile, Aerospace, and Agricultural Implement Workers of America.
Sec. 18-204. The departments and agencies receiving appropriations in part 1 shall use the Internet to fulfill the reporting requirements of this article. This requirement shall include transmission of reports via Email to the recipients identified for each reporting requirement, or it shall include placement of reports on an Internet site.
Sec. 18-205. To the extent permissible under MCL 18.1261:
(a) Funds appropriated in part 1 must 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 must be given to goods or services, or both, manufactured or provided by Michigan businesses, if they are competitively priced and of comparable quality.
(c) In addition, preference must be given to goods or services, or both, that are manufactured or provided by Michigan businesses owned and operated by veterans, if they are competitively priced and of comparable quality.
Sec. 18-206. To the extent permissible under the management and budget act, the director shall take all reasonable steps to ensure businesses in deprived and depressed communities compete for and perform contracts to provide services or supplies, or both. 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. 18-207. Consistent with MCL 18.1217, the departments and agencies receiving appropriations in part 1 shall prepare a report on out-of-state travel expenses not later than January 1 of each year. The travel report shall be a listing of all travel by classified and unclassified employees outside this state in the immediately preceding fiscal year that was funded in whole or in part with funds appropriated in the department's budget. The report shall be submitted to the senate and house appropriations committees, the house and senate fiscal agencies, and the state budget director. The report shall include the following information:
(a) The dates of each travel occurrence.
(b) The transportation and related costs of each travel occurrence, including the proportion funded with state general fund/general purpose revenues, the proportion funded with state restricted revenues, the proportion funded with federal revenues, and the proportion funded with other revenues.
Sec. 18-208. Funds appropriated in part 1 shall not be used by a principal executive department, state agency, or authority to hire a person to provide legal services that are the responsibility of the attorney general. This prohibition does not apply to legal services for bonding activities and for those outside services that the attorney general authorizes.
Sec. 18-209. Not later than December 31, 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 $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. 18-211. From the funds appropriated in part 1,the department shall maintain a searchable website accessible by the public at no cost that includes, but is not limited to, all of the following for each department or agency:
(a) Fiscal year-to-date expenditures by category.
(b) Fiscal year-to-date expenditures by appropriation unit.
(c) Fiscal year-to-date payments to a selected vendor, including the vendor name, payment date, payment amount, and payment description.
(d) The number of active department employees by job classification.
(e) Job specifications and wage rates.
Sec. 18-212. Within 14 days after the release of the executive budget recommendation, the department shall provide to the state budget office information sufficient to provide the senate and house appropriations chairs, the senate and house appropriations subcommittees chairs, and the senate and house fiscal agencies with an annual report on estimated state restricted fund balances, state restricted fund projected revenues, and state restricted fund expenditures for the fiscal years ending September 30, 2022 and September 30, 2023.
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, 2023 are estimated at $77,148,300.00. From this amount, total agency appropriations for pension-related legacy costs are estimated at $46,839,100.00. Total agency appropriations for retiree health care legacy costs are estimated at $30,309,200.00.
DEPARTMENT OF TECHNOLOGY, MANAGEMENT AND BUDGET
Sec. 18-802. Proceeds in excess of necessary costs incurred in the conduct of transfers or auctions of state surplus, salvage, or scrap property made pursuant to section 267 of the management and budget act, 1984 PA 431, MCL 18.1267, are appropriated to the department to offset costs incurred in the acquisition and distribution of surplus property. The department shall provide consolidated Internet auction services through the state's contractors for all local units of government.
Sec. 18-803. (1) The department may receive and expend funds in addition to those authorized by part 1 for maintenance and operation services provided specifically to other principal executive departments or state agencies, the legislative branch, the judicial branch, or private tenants, or provided in connection with facilities transferred to the operational jurisdiction of the department.
(2) The department may receive and expend funds in addition to those authorized by part 1 for real estate, architectural, design, engineering, and project oversight services provided specifically to other principal executive departments or state agencies, the legislative branch, the judicial branch, universities, community colleges, 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.
(5) Fee revenue collected by the department from user fees under subsections (1) to (4) shall be carried forward and shall not lapse to the general fund at the close of the fiscal year.
Sec. 18-804. (1) Financing in part 1 for statewide appropriations shall be funded by assessments against longevity and insurance appropriations throughout state government in a manner prescribed by the department. Funds shall be used as specified in joint labor/management agreements or through the coordinated compensation hearings process. Any deposits made under this subsection and any unencumbered funds are restricted revenues, may be carried over into the succeeding fiscal years, and are appropriated.
(2) In addition to the funds appropriated in part 1 for statewide appropriations, the department may receive and expend funds in such additional amounts as may be specified in joint labor/management agreements or through the coordinated compensation hearings process in the same manner and subject to the same conditions as prescribed in subsection (1).
Sec. 18-805. To the extent a specific appropriation is required for a detailed source of financing included in part 1 for the department appropriations financed from special revenue and internal service and pension trust funds, or 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. Financing in part 1 for SIGMA shall be funded by proportionate charges assessed against the respective state funds benefiting from this project in the amounts determined by the department.
Sec. 18-808. (1) Deposits against the interdepartmental grant from building occupancy and parking charges appropriated in part 1 shall be collected, in part, from state agencies, the legislative branch, and the judicial branch based on estimated costs associated with maintenance and operation of buildings managed by the department. To the extent excess revenues are collected due to estimates of building occupancy charges exceeding actual costs, the excess revenues may be carried forward into succeeding fiscal years for the purpose of returning funds to state agencies.
(2) Appropriations in part 1 to the department, for management and budget services for building occupancy charges and parking charges, may be increased to return excess revenue collected to state agencies.
Sec. 18-809. On a quarterly basis, the department shall notify the chairpersons of the senate and house of representatives standing committees on appropriations, the chairpersons of the senate and house of representatives standing committees on appropriations subcommittees on general government, the house and senate fiscal agencies, and the state budget director on any revisions either individually or in the aggregate that increase or decrease current contracts by more than $250,000.00 for computer software development, hardware acquisition, or quality assurance.
Sec. 18-810. From the funds appropriated in part 1, the department shall maintain an Internet website that contains notice of all solicitations, invitations for bids, and requests for proposals over $50,000.00 issued by the department or by any state agency operating under delegated authority, except for solicitations up to $500,000.00 in accordance with department policy regarding providing opportunities to Michigan small businesses, geographically disadvantaged business enterprises, Michigan veteran-owned business, Michigan service disabled veteran-owned businesses, or Michigan recognized community rehabilitation organizations, or in situations where it would be in the best interest of this state and documented by the department. This information must appear on the first page of each department or state agency dashboard. The department shall not set the due date for acceptance of an invitation for bid or request for proposal to less than 14 days after the notice is made available on the Internet website, except in situations where it would be in the best interest of this state and documented by the department. In addition to the requirements of this section, the department may advertise the solicitations, invitations for bids, and requests for proposals in any manner the department determines appropriate, in order to give the greatest number of individuals and businesses the opportunity to respond, or make bids or requests for proposals.
Sec. 18-811. The department may receive and expend funds from the Vietnam veterans memorial monument fund as provided in the Michigan Vietnam veterans memorial act, 1988 PA 234, MCL 35.1051 to 35.1057. Funds are appropriated and allocated when received and may be expended upon receipt.
Sec. 18-812. The Michigan veterans' memorial park commission may receive and expend money from any source, public or private, including, but not limited to, gifts, grants, donations of money, and government appropriations, for the purposes described in Executive Order No. 2001-10. Funds are appropriated and allocated when received and may be expended upon receipt. Any deposits made under this section and unencumbered funds are restricted revenues and may be carried over into succeeding fiscal years.
Sec. 18-813. (1) Funds in part 1 for motor vehicle fleet are appropriated to the department for administration and for the acquisition, lease, operation, maintenance, repair, replacement, and disposal of state motor vehicles.
(2) The appropriation in part 1 for motor vehicle fleet shall be funded by revenue from rates charged to principal executive departments and agencies for utilizing vehicle travel services provided by the department. Revenue in excess of the amount appropriated in part 1 from the motor transport fund and any unencumbered funds are restricted revenues and may be carried over into the succeeding fiscal year.
(3) Pursuant to the department's authority under sections 213 and 215 of the management and budget act, 1984 PA 431, MCL 18.1213 and 18.1215, the department shall maintain a plan regarding the operation of the motor vehicle fleet. The plan shall include the number of vehicles assigned to, or authorized for use by, state departments and agencies, efforts to reduce travel expenditures, the number of cars in the motor vehicle fleet, the number of miles driven by fleet vehicles, and the number of gallons of fuel consumed by fleet vehicles. The plan shall include a calculation of the amount of state motor vehicle fuel taxes that would have been incurred by fleet vehicles if fleet vehicles were required by law to pay motor fuel taxes. The plan shall include a description of fleet garage operations, the goods sold and services provided by the fleet garage, the cost to operate the fleet garage, the number of fleet garage locations, and the number of employees assigned to each fleet garage. The plan may be adjusted during the fiscal year based on needs and cost savings to achieve the maximum value and efficiency from the state motor fleet. Within 60 days after the close of the fiscal year, the department shall provide a report to the senate and house of representatives standing committees on appropriations, the chairpersons of the relevant appropriations subcommittees, the senate and house fiscal agencies, and the state budget director detailing the current plan and changes made to the plan during the fiscal year. The plan shall also be posted on the department website.
(4) The department may charge state agencies for fuel cost increases that exceed $3.04 per gallon of unleaded gasoline. The department shall notify state agencies, in writing or by electronic mail, at least 30 days before implementing additional charges for fuel cost increases. Revenues received from these charges are appropriated upon receipt.
(5) The state budget director, upon notification to the senate and house of representatives standing committees on appropriations, may adjust spending authorization and the IDG from motor transport fund in the department in order to ensure that the appropriations for motor vehicle fleet in the department's 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, 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. 18-815. In addition to the general fund/general purpose appropriations for special maintenance, remodeling, and additions for state agencies in part 1, there is 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. 18-816. In addition to the general fund/general purpose appropriations for enterprisewide information technology investments in part 1, there is appropriated related federal and state restricted funds up to the amounts that will be earned based upon the initiatives undertaken with the funds in part 1. The state budget director shall determine and authorize the appropriate manner for implementing this section.
Sec. 18-818. In addition to the funds appropriated in part 1, the department may receive and expend money from the Michigan law enforcement officers memorial monument fund as provided in the Michigan law enforcement officers memorial act, 2004 PA 177, MCL 28.781 to 28.787.
Sec. 18-820. The department shall make available to the public a list of all parcels of real property owned by the state that are available for purchase. The list shall be posted on the internet through the department's website.
Sec. 18-822. The department shall compile a report by January 1 pertaining to the salaries of unclassified employees, and gubernatorial appointees, within all state departments and agencies. The report shall enumerate each unclassified employee and gubernatorial appointee and his or her annual salary rounded to the nearest thousand dollars. The report shall be distributed to the chairs of the senate and house of representatives standing committees on appropriations subcommittees on general government, the senate and house fiscal agencies, and the state budget director and be made available electronically.
Sec. 18-822c. The funds appropriated in part 1 shall not be used to support any staff effort, projects, consultant expenses, or any other activity related to the development, financing, construction, operation, or implementation of the Gordie Howe International Crossing or any successor project unless the project is approved by the legislature and signed into law.
Sec. 18-822g. The department shall report quarterly to the senate and house of representatives standing committees on appropriations, the senate and house appropriations subcommittees on general government, and the senate and house fiscal agencies on legal service fund expenditures. The report shall itemize expenditures by case, purpose, and department involved and shall include expenditures related to all previously appropriated funds.
Sec. 18-822m. (1) From the funds appropriated in part 1, the department shall maintain a system that collaborates with other departments to keep track of the performance of vendors in fulfilling contract obligations. The performance of these vendors shall be recorded and used as a factor to determine future contracts awarded in the procurement process.
(2) By March 15 the department shall provide a complete listing of all state departments and agencies that have not complied with the requirements of this section by March 1. The report listing noncompliant state departments and agencies shall be submitted no later than March 15 to the chairpersons of the house and senate appropriations subcommittees on general government, the house and senate fiscal agencies, and the state budget director.
INFORMATION TECHNOLOGY
Sec. 18-823. (1) The department may sell and accept paid advertising for placement on any state website under its jurisdiction. The department shall review and approve the content of each advertisement. The department may refuse to accept advertising from any person or organization or require modification to advertisements based upon criteria determined by the department. Revenue received under this subsection shall be used for operating costs of the department and for future technology enhancements to state of Michigan e-government initiatives. Funds received under this subsection shall be limited to $250,000.00. Any funds in excess of $250,000.00 shall be deposited in the state general fund.
(2) The department may accept gifts, donations, contributions, bequests, and grants of money from any public or private source to assist with the underwriting or sponsorship of state webpages or services offered on those webpages. A private or public funding source may receive recognition in the webpage. The department may reject any gift, donation, contribution, bequest, or grant.
(3) Funds accepted by the department under subsection (1) or (2) are appropriated and allotted when received and may be expended upon approval of the state budget director. The state budget office shall notify the senate and house of representatives standing committees on appropriations subcommittees on general government and the senate and house fiscal agencies within 10 days after the approval is given. The department shall provide a report to the senate and house of representatives appropriations subcommittees on general government, the house and senate fiscal agencies, and the state budget director that details the funds accepted for the prior fiscal year by November 1.
Sec. 18-824. The department may enter into agreements to supply spatial information and technical services to other principal executive departments, state agencies, local units of government, and other organizations. The department may receive and expend funds in addition to those authorized in part 1 for providing information and technical services, publications, maps, and other products. The department may expend amounts received for salaries, supplies, and equipment necessary to provide informational products and technical services.
Sec. 18-825. The legislature shall have access to all historical and current data contained within SIGMA, or its predecessor, pertaining to state departments. State departments shall have access to all historical and current data contained within SIGMA or its predecessor.
Sec. 18-826. When used in this part and part 1, "information technology services" means services involving all aspects of managing and processing information, including, but not limited to, all of the following:
(a) Application and mobile development and maintenance.
(b) Desktop computer support and management.
(c) Cyber security.
(d) Social media.
(e) Mainframe computer support and management.
(f) Cloud services support and management, including, but not limited to, infrastructure as a service, platform as a service, and software as a service.
(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 procurement and contract management.
(j) Telecommunication services, infrastructure, and support.
Sec. 18-827. (1) Funds appropriated in part 1 for the Michigan public safety communications system shall be expended upon approval of an expenditure plan by the state budget director.
(2) The department shall assess all subscribers of the Michigan public safety communications system reasonable access and maintenance fees and shall deposit the fees in the Michigan public safety communications systems fees fund.
(3) All money received by the department under this section shall be expended for the support and maintenance of the Michigan public safety communications system.
(4) The department must provide a report to the senate and house of representatives standing committees on appropriations, the senate and house fiscal agencies, and the state budget office by April 15, indicating the amount of revenue collected under this section and expended for support and maintenance of the Michigan public safety communication system for the immediately preceding 6-month period. Any deposits made under this section and unencumbered funds are restricted revenues and shall be carried forward into succeeding fiscal years.
Sec. 18-828. The department shall submit a report for the first, second, and third fiscal quarters to 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 not later than 45 calendar days after each fiscal quarter. The report shall include the following:
(a) The estimated total amount of funding appropriated for information technology services and projects, by funding source, for all principal executive departments and agencies for each fiscal quarter.
(b) A listing of the expenditures made from the amounts received by the department as reported in subdivision (a).
Sec. 18-831. The department shall submit monthly invoices for information technology services provided by the department either directly or through contracted vendors during that month to departments or agencies by no later than 45 days after receiving approval to pay vendor invoices from departments and agencies for the information technology services provided.
Sec. 18-833. (1) The state budget director, upon notification to the senate and house of representatives standing committees on appropriations, may adjust spending authorization and user fees in the department in order to ensure that the appropriations for information technology in the department equal the appropriations for information technology in the budgets for all executive branch agencies.
(2) If during the course of the fiscal year a transfer or supplemental to or from the information technology line item within an agency budget is made under section 393 of the management and budget act, 1984 PA 431, MCL 18.1393, there is appropriated an equal amount of user fees in the department to accommodate an increase or decrease in spending authorization.
Sec. 18-834. (1) Revenue collected from licenses issued under the antenna site management project shall be deposited into the antenna site management revolving fund created for this purpose in the department. The department may receive and expend money from the fund for costs associated with the antenna site management project, including the cost of a third-party site manager. Any excess revenue remaining in the fund at the close of the fiscal year shall be proportionately transferred to the appropriate state restricted funds as designated in statute or by constitution.
(2) An antenna shall not be placed on any site pursuant to this section without complying with the respective local zoning codes and local unit of government processes.
Sec. 18-835. (1) In addition to the funds appropriated in part 1, the funds collected by the department for supplying census-related information and technical services, publications, statistical studies, population projections and estimates, and other demographic products are appropriated for all expenses necessary to provide the required services. These funds are available for expenditure when they are received and may be carried forward into the next succeeding fiscal year.
(2) The department must submit a report to the house and senate appropriations subcommittees on general government, the senate and house fiscal agencies, and the state budget office by March 1 that provides the amount of revenue collected by the department from the authorization in subsection (1) and the amount of revenue carried forward.
Sec. 18-837. All information technology projects funded by appropriations in part 1 must utilize information technology project management best practices and services as defined or recommended by the enterprise portfolio management office of the department and comply with the requirements of the state unified information technology environment methodology as it applies to all information technology project management processes.
STATE BUILDING AUTHORITY RENT
Sec. 18-842. (1) The state building authority rent appropriations in part 1 may also be expended for the payment of required premiums for insurance on facilities owned by the state building authority or payment of costs that may be incurred as the result of any deductible provisions in such insurance policies.
(2) If the amount appropriated in part 1 for state building authority rent is not sufficient to pay the rent obligations and insurance premiums and deductibles identified in subsection (1) for state building authority projects, there is appropriated from the general fund of the state the amount necessary to pay such obligations.
CIVIL SERVICE COMMISSION
Sec. 18-850. (1) In accordance with section 5 of article XI of the state constitution of 1963, all restricted funds shall be assessed a sum not less than 1% of the total aggregate payroll paid from those funds for financing the civil service commission on the basis of actual 1% restricted sources total aggregate payroll of the classified service for the preceding fiscal year. This includes, but is not limited to, restricted funds appropriated in part 1 of any appropriations act. Unexpended 1% appropriated funds shall be returned to each 1% fund source at the end of the fiscal year.
(2) The appropriations in part 1 are estimates of actual charges based on payroll appropriations. With the approval of the state budget director, the commission is authorized to adjust financing sources for civil service charges based on actual payroll expenditures, provided that such adjustments do not increase the total appropriation for the civil service commission.
Sec. 18-851. Except where specifically appropriated for this purpose, financing from restricted sources shall be credited to the civil service commission. For restricted sources of funding within the general fund that have the legislative authority for carryover, if current spending authorization or revenues are insufficient to accept the charge, the shortage shall be taken from carryforward balances of that funding source. Restricted revenue sources that do not have carryforward authority shall be utilized to satisfy commission operating deducts first and civil service obligations second. General fund dollars are appropriated for any shortfall, pursuant to approval by the state budget director.
Sec. 18-852. The appropriation in part 1 to the civil service commission, for state-sponsored group insurance, flexible spending accounts, and COBRA, represents amounts, in part, included within the various appropriations throughout state government for the current fiscal year to fund the flexible spending account program included within the civil service commission. Deposits against state-sponsored group insurance, flexible spending accounts, and COBRA for the flexible spending account program shall be made from assessments levied during the current fiscal year in a manner prescribed by the civil service commission. Unspent employee contributions to the flexible spending accounts may be used to offset administrative costs for the flexible spending account program, with any remaining balance of unspent employee contributions to be lapsed to the general fund.
CAPITAL OUTLAY
Sec. 18-860. As used in sections 861 through 875 of this part:
(a) "Board" means the state administrative board.
(b) "Community college" means a community college organized under the community college act of 1966, 1966 PA 331, MCL 389.1 to 389.195, or under part 25 of the revised school code, 1976 PA 451, MCL 380.1601 to 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. 18-864. 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. 18-866. (1) The energy efficiency revolving fund is created within the state treasury. The state treasurer may receive money or other assets from any source for deposit into the energy efficiency revolving fund. The state treasurer shall direct the investment of the energy efficiency revolving fund. The state treasurer shall credit to the energy efficiency revolving fund interest and earnings from energy efficiency revolving fund investments.
(2) Money in the energy efficiency revolving fund at the close of the fiscal year shall remain in the energy efficiency revolving fund and shall not lapse to the general fund.
(3) From the funds appropriated in part 1 for the energy efficiency revolving fund, $5,000,000.00 from the state general fund/general purpose is deposited in the energy efficiency revolving fund created in subsection (1) and is appropriated for energy efficiency and renewable energy projects.
(4) The department will provide oversight and direction for the energy efficiency revolving fund and shall coordinate a call for projects and prioritize the award of projects that will contribute to a reduction in the state's carbon footprint. State administrative costs are to be limited to 10% of the total project cost.
(5) The department shall set terms with agencies participating in the energy efficiency revolving fund program that include the project(s) scope, funding commitments, data collection and reporting requirements, and any other financial terms related to realization of energy savings related to implementation of the project(s). The department may enter into a memorandum of understanding to memorialize these terms.
(6) Energy savings generated by a project shall be paid to the energy efficiency revolving fund in future years by a participating agency in a manner and under the terms determined by the department as described in subsection (5). Funds received in addition to the appropriation in subsection (3) to the energy efficiency revolving fund are appropriated and may be expended in a manner consistent with the purposes of the fund outlined in subsection (3). Funds may only be expended on properties anticipated to remain in the State of Michigan ownership portfolio for the length of time necessary to recover the fund amount invested in the project.
(7) The department shall submit an annual report by December 31 that includes:
(a) A list of all projects funded from this fund.
(b) Amount of monetary and/or efficiency savings realized from the projects.
CAPITAL OUTLAY - UNIVERSITIES AND COMMUNITY COLLEGES
Sec. 18-873. (1) This section applies only to projects for community colleges.
(2) State support is directed towards the remodeling and additions, special maintenance, or construction of certain community college buildings. The community college shall obtain or provide for site acquisition and initial main utility installation to operate the facility. Funding shall be composed of local and state shares and not more than 50% of a capital outlay project, not including a lump-sum special maintenance project or remodeling and addition project, for a community college shall be appropriated from state and federal funds, unless otherwise appropriated by the legislature.
(3) An expenditure under this part and part 1 is authorized when the release of the appropriation is approved by the board upon the recommendation of the director. The director may recommend to the board the release of any appropriation in part 1 only after the director is assured that the legal entity operating the community college to which the appropriation is made has complied with this part and part 1 and has matched the amounts appropriated as required by this part and part 1. A release of funds in part 1 shall not exceed 50% of the total cost of planning and construction of any project, not including lump-sum remodeling and additions and special maintenance, unless otherwise appropriated by the legislature. Further planning and construction of a project authorized by this part and part 1 or applicable sections of the management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594, shall be in accordance with the purpose and scope as defined and delineated in the approved program statements and planning documents. This part and part 1 are applicable to all projects for which planning appropriations were made in previous acts.
(4) The community college shall take the steps necessary to secure available federal construction and equipment money for projects funded for construction in this part and part 1 if an application was not previously made. If there is a reasonable expectation that a prior year unfunded application may receive federal money in a subsequent year, the college shall take whatever action necessary to keep the application active.
Sec. 18-874. If university and community college matching revenues are received in an amount less than the appropriations for capital projects contained in this part and part 1, the state funds shall be reduced in proportion to the amount of matching revenue received.
Sec. 18-875. (1) The director may require that community colleges and universities that have an authorized project listed in part 1 submit documentation regarding the project match and governing board approval of the authorized project not more than 60 days after the beginning of the fiscal year.
(2) If the documentation required by the director under subsection (1) is not submitted, or does not adequately authenticate the availability of the project match or board approval of the authorized project, the authorization may terminate. The authorization terminates 30 days after the director notifies the JCOS of the intent to terminate the project unless the JCOS convenes to extend the authorization.
ONE-TIME APPROPRIATIONS
Sec. 18-901. The unexpended funds appropriated in part 1 for space realignment and optimization 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 this project is to assess state facility office space that aligns with workplace planning efforts and optimizes safe delivery of state services.
(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 $1,000,000.00.
(d) The tentative completion date is September 30, 2027.
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, 2023, and are anticipated to be appropriated for the fiscal year ending September 30, 2024, 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................ 3,136.3 3,136.3
GROSS APPROPRIATION...................................... $ 6,300,948,900 $ 6,098,000,900
Total interdepartmental grants and interdepartmental
transfers.............................................. 4,123,800 4,123,800
ADJUSTED GROSS APPROPRIATION............................ $ 6,296,825,100 $ 6,093,877,100
Total federal revenues................................... 2,026,480,000 2,038,835,700
Total local revenues..................................... 85,773,500 85,773,500
Total private revenues................................... 900,000 900,000
Total other state restricted revenues................... 3,903,771,600 3,968,367,900
State general fund/general purpose...................... $ 279,900,000 $ 0
State general fund/general purpose schedule:
Ongoing state general fund/general purpose........... 0 0
One-time state general fund/general purpose.......... 279,900,000 0
Sec. 19-102. DEBT SERVICE
Airport safety and protection plan...................... $ 2,274,800 $ 2,274,800
Blue Water Bridge fund................................... 3,961,100 3,961,100
Comprehensive transportation............................ 1,466,600 1,466,600
Economic development..................................... 7,650,100 7,650,100
Local bridge fund........................................ 556,500 556,500
State trunkline.......................................... 209,391,400 209,391,400
GROSS APPROPRIATION...................................... $ 225,300,500 $ 225,300,500
Appropriated from:
Special revenue funds:
Other state restricted revenues......................... 225,300,500 225,300,500
State general fund/general purpose...................... $ 0 $ 0
Sec. 19-103. INTERDEPARTMENTAL GRANTS
CTF grant to civil service commission................... $ 250,000 $ 250,000
CTF grant to department of attorney general............. 109,400 109,400
CTF grant to department of treasury..................... 54,900 54,900
CTF grant to legislative auditor general................ 43,200 43,200
CTF grant to department of technology, management and
budget................................................. 40,900 40,900
MTF grant to department of environment, Great Lakes,
and energy............................................. 1,524,700 1,524,700
MTF grant to department of treasury..................... 3,528,000 3,528,000
MTF grant to legislative auditor general................ 350,200 350,200
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............. 191,800 191,800
SAF grant to department of treasury..................... 81,600 81,600
SAF grant to legislative auditor general................ 33,800 33,800
SAF grant to department of technology, management and
budget................................................. 31,700 31,700
STF grant to civil service commission................... 6,321,000 6,321,000
STF grant to department of attorney general............. 2,172,800 2,172,800
STF grant to department of state police................. 12,402,700 12,402,700
STF grant to department of treasury..................... 167,000 167,000
STF grant to legislative auditor general................ 813,500 813,500
STF grant to department of technology, management and
budget................................................. 1,406,500 1,406,500
GROSS APPROPRIATION...................................... $ 49,673,700 $ 49,673,700
Appropriated from:
Special revenue funds:
Other state restricted revenues......................... 49,673,700 49,673,700
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................ 263.3 263.3
Unclassified salaries-6.0 FTE positions................. $ 900,400 $ 900,400
Asset management council................................. 1,876,400 1,876,400
Business support services-43.0 FTE positions............ 7,165,100 7,165,100
Commission audit and support services-29.3 FTE
positions.............................................. 3,643,800 3,643,800
Economic development and enhancement programs-11.0 FTE
positions............................................. 1,911,900 1,911,900
Finance, contracts, and support services-180.0 FTE
positions.............................................. 24,277,500 24,277,500
Property management...................................... 7,235,700 7,235,700
Worker's compensation.................................... 1,859,300 1,859,300
GROSS APPROPRIATION...................................... $ 48,870,100 $ 48,870,100
Appropriated from:
Interdepartmental grant revenues:
IDG from other restricted funding....................... 4,123,800 4,123,800
Special revenue funds:
Other state restricted revenues......................... 44,746,300 44,746,300
State general fund/general purpose...................... $ 0 $ 0
Sec. 19-105. INFORMATION TECHNOLOGY
Information technology services and projects............ $ 41,691,800 $ 41,691,800
GROSS APPROPRIATION...................................... $ 41,691,800 $ 41,691,800
Appropriated from:
Federal revenues:
Other federal revenues................................... 520,500 520,500
Special revenue funds:
Other state restricted revenues......................... 41,171,300 41,171,300
State general fund/general purpose...................... $ 0 $ 0
Sec. 19-106. TRANSPORTATION PLANNING
Full-time equated classified positions................ 142.0 142.0
Grants to regional planning councils.................... $ 488,800 $ 488,800
Planning services-142.0 FTE positions................... 42,124,400 42,124,400
GROSS APPROPRIATION...................................... $ 42,613,200 $ 42,613,200
Appropriated from:
Federal revenues:
Other federal revenues................................... 24,000,000 24,000,000
Special revenue funds:
Other state restricted revenues......................... 18,613,200 18,613,200
State general fund/general purpose...................... $ 0 $ 0
Sec. 19-107. DESIGN AND ENGINEERING SERVICES
Full-time equated classified positions................ 1,658.3 1,658.3
Business services-169.0 FTE positions................... $ 25,062,600 $ 25,062,600
Program development and delivery-1,142.3 FTE positions.. 106,322,500 106,322,500
System operations management-347.0 FTE positions........ 58,869,000 58,869,000
GROSS APPROPRIATION...................................... $ 190,254,100 $ 190,254,100
Appropriated from:
Federal revenues:
Other federal revenues................................... 23,529,800 23,529,800
Special revenue funds:
Other state restricted revenues......................... 166,724,300 166,724,300
State general fund/general purpose...................... $ 0 $ 0
Sec. 19-108. HIGHWAY MAINTENANCE
Full-time equated classified positions................ 901.7 901.7
State trunkline operations-901.7 FTE positions.......... $ 443,561,300 $ 443,561,300
GROSS APPROPRIATION...................................... $ 443,561,300 $ 443,561,300
Appropriated from:
Special revenue funds:
Other state restricted revenues......................... 443,561,300 443,561,300
State general fund/general purpose...................... $ 0 $ 0
Sec. 19-109. ROAD AND BRIDGE PROGRAMS
Cities and villages...................................... $ 684,060,200 $ 703,020,200
County road commissions.................................. 1,226,915,200 1,260,921,200
Grants to local programs................................. 33,000,000 33,000,000
Local bridge program..................................... 26,981,600 27,096,100
Local federal aid and road and bridge construction...... 384,987,800 387,187,400
Local agency wetland mitigation bank fund............... 2,000,000 2,000,000
Movable bridge fund...................................... 5,858,400 6,004,900
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........................................... 1,651,869,600 1,694,729,000
GROSS APPROPRIATION...................................... $ 4,021,672,800 $ 4,119,958,800
Appropriated from:
Federal revenues:
Other federal revenues................................... 1,570,218,700 1,579,017,200
Special revenue funds:
Local revenues........................................... 30,003,500 30,003,500
Other state restricted revenues......................... 2,421,450,600 2,510,938,100
State general fund/general purpose...................... $ 0 $ 0
Sec. 19-111. BLUE WATER BRIDGE
Full-time equated classified positions................ 44.0 44.0
Blue Water Bridge operations-44.0 FTE positions......... $ 7,163,800 $ 7,163,800
GROSS APPROPRIATION...................................... $ 7,163,800 $ 7,163,800
Appropriated from:
Special revenue funds:
Other state restricted revenues......................... 7,163,800 7,163,800
State general fund/general purpose...................... $ 0 $ 0
Sec. 19-112. TRANSPORTATION ECONOMIC DEVELOPMENT
Community service infrastructure fund................... $ 3,000,000 $ 3,000,000
Forest roads............................................. 5,000,000 5,000,000
Rural county primary..................................... 8,737,800 8,846,800
Rural county urban system................................ 2,500,000 2,500,000
Target industries/economic redevelopment................ 17,975,400 18,193,400
Urban county congestion.................................. 8,737,800 8,846,800
GROSS APPROPRIATION...................................... $ 45,951,000 $ 46,387,000
Appropriated from:
Special revenue funds:
Other state restricted revenues......................... 45,951,000 46,387,000
State general fund/general purpose...................... $ 0 $ 0
Sec. 19-113. AERONAUTICS SERVICES
Full-time equated classified positions................ 48.0 48.0
Air service program...................................... $ 50,000 $ 50,000
Aviation services-48.0 FTE positions.................... 7,495,400 7,495,400
GROSS APPROPRIATION...................................... $ 7,545,400 $ 7,545,400
Appropriated from:
Special revenue funds:
Other state restricted revenues......................... 7,545,400 7,545,400
State general fund/general purpose...................... $ 0 $ 0
Sec. 19-114. PUBLIC TRANSPORTATION SERVICES
Full-time equated classified positions................ 40.0 40.0
Passenger transportation services-40.0 FTE positions.... $ 6,386,100 $ 6,386,100
GROSS APPROPRIATION...................................... $ 6,386,100 $ 6,386,100
Appropriated from:
Federal revenues:
Other federal revenues................................... 1,200,000 1,200,000
Special revenue funds:
Other state restricted revenues......................... 5,186,100 5,186,100
State general fund/general purpose...................... $ 0 $ 0
Sec. 19-115. LOCAL BUS TRANSIT
Local bus operating...................................... $ 201,750,000 $ 201,750,000
Nonurban operating/capital............................... 39,845,600 40,626,500
GROSS APPROPRIATION...................................... $ 241,595,600 $ 242,376,500
Appropriated from:
Federal revenues:
Other federal revenues................................... 37,845,600 38,626,500
Special revenue funds:
Local revenues........................................... 2,000,000 2,000,000
Other state restricted revenues......................... 201,750,000 201,750,000
State general fund/general purpose...................... $ 0 $ 0
Sec. 19-116. INTERCITY PASSENGER
Full-time equated classified positions................ 39.0 39.0
Detroit/Wayne County Port Authority..................... $ 500,000 $ 500,000
Freight property management.............................. 1,300,000 1,300,000
Intercity services....................................... 9,981,800 10,103,000
Marine passenger service................................. 4,964,000 5,017,000
Office of rail-39.0 FTE positions....................... 6,865,600 6,865,600
Rail operations and infrastructure...................... 135,850,700 127,101,100
GROSS APPROPRIATION...................................... $ 159,462,100 $ 150,886,700
Appropriated from:
Federal revenues:
Other federal revenues................................... 38,710,800 39,485,000
Special revenue funds:
Local revenues........................................... 760,000 760,000
Private revenues......................................... 900,000 900,000
Other state restricted revenues......................... 119,091,300 109,741,700
State general fund/general purpose...................... $ 0 $ 0
Sec. 19-117. PUBLIC TRANSPORTATION DEVELOPMENT
Municipal credit program................................. $ 2,000,000 $ 2,000,000
Service initiatives...................................... 18,681,600 18,868,200
Specialized services..................................... 26,541,300 26,803,800
Transit capital.......................................... 177,076,100 164,604,600
Van pooling.............................................. 195,000 195,000
GROSS APPROPRIATION...................................... $ 224,494,000 $ 212,471,600
Appropriated from:
Federal revenues:
Other federal revenues................................... 100,454,600 102,456,700
Special revenue funds:
Local revenues........................................... 35,510,000 35,510,000
Other state restricted revenues......................... 88,529,400 74,504,900
State general fund/general purpose...................... $ 0 $ 0
Sec. 19-118. CAPITAL OUTLAY
(1) BUILDINGS AND FACILITIES
Special maintenance, remodeling and additions........... $ 3,001,500 $ 3,001,500
Salt storage buildings and containment control.......... 2,500,000 2,500,000
GROSS APPROPRIATION...................................... $ 5,501,500 $ 5,501,500
Appropriated from:
Special revenue funds:
Other state restricted revenues......................... 5,501,500 5,501,500
State general fund/general purpose...................... $ 0 $ 0
(2) AIRPORT IMPROVEMENT PROGRAMS
Airport safety, protection, and improvement program..... $ 158,461,900 $ 156,508,800
Detroit Metropolitan Wayne County Airport............... 5,850,000 5,850,000
IIJA airport infrastructure grants...................... 95,000,000 95,000,000
GROSS APPROPRIATION...................................... $ 259,311,900 $ 257,358,800
Appropriated from:
Federal revenues:
Other federal revenues................................... 230,000,000 230,000,000
Special revenue funds:
Local revenues........................................... 17,500,000 17,500,000
Other state restricted revenues......................... 11,811,900 9,858,800
State general fund/general purpose...................... $ 0 $ 0
Sec. 19-119. ONE-TIME APPROPRIATIONS
Aviation weather station equipment replacement.......... $ 3,900,000 $ 0
Critical road and bridge infrastructure................. 150,000,000 0
Priority rail grade crossing/separation initiative...... 60,000,000 0
Pump station back-up generators......................... 66,000,000 0
GROSS APPROPRIATION...................................... $ 279,900,000 $ 0
Appropriated from:
Special revenue funds:
State general fund/general purpose...................... $ 279,900,000 $ 0
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
FISCAL YEAR 2023
GENERAL SECTIONS
Sec. 19-201. Pursuant to section 30 of article IX of the state constitution of 1963, total state spending from state sources under part 1 for the fiscal year 2023 is $4,183,671,600.00 and state spending from state sources to be paid to local units of government for fiscal year 2023 is $2,384,253,600.00. 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.................................................... 684,060,200
County road commissions................................................ 1,226,915,200
Grants to local programs............................................... 33,000,000
Local bridge program................................................... 26,981,600
Local agency wetland mitigation bank fund.............................. 2,000,000
Movable bridge fund.................................................... 2,929,200
Rail grade crossing.................................................... 1,500,000
Rail grade crossing - surface improvements............................. 3,000,000
Community service infrastructure fund.................................. 3,000,000
Forest roads............................................................ 5,000,000
Rural county primary................................................... 8,737,800
Rural county urban system.............................................. 2,500,000
Target industries/economic redevelopment............................... 11,144,700
Urban county congestion................................................ 8,737,800
Air service program.................................................... 50,000
Local bus operating.................................................... 201,750,000
Detroit/Wayne County Port Authority.................................... 500,000
Marine passenger service............................................... 1,812,000
Municipal credit program............................................... 2,000,000
Service initiatives.................................................... 9,029,400
Specialized services................................................... 9,228,900
Transit capital........................................................ 68,076,100
Airport safety, protection, and improvement program................... 5,961,900
Detroit Metropolitan Wayne County Airport.............................. 5,850,000
Priority rail grade crossing/separation initiative.................... 60,000,000
TOTAL.................................................................... $ 2,384,253,600
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) "IIJA" means the infrastructure investment and jobs act, 2021, Public Law 117-58.
(i) "MTF" means Michigan transportation fund.
(j) "SAF" means state aeronautics fund.
(k) "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 shall include transmission of reports via Email to the recipients identified for each reporting requirement, or it shall include placement of reports on an Internet site.
Sec. 19-205. To the extent permissible under MCL 18.1261:
(a) Funds appropriated in part 1 must 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 must be given to goods or services, or both, manufactured or provided by Michigan businesses, if they are competitively priced and of comparable quality.
(c) In addition, preference must be given to goods or services, or both, that are manufactured or provided by Michigan businesses owned and operated by veterans, if they are competitively priced and of comparable quality.
Sec. 19-206. To the extent permissible under the management and budget act, the director shall take all reasonable steps to ensure businesses in deprived and depressed communities compete for and perform contracts to provide services or supplies, or both. 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. 19-207. Consistent with MCL 18.1217, the departments and agencies receiving appropriations in part 1 shall prepare a report on out-of-state travel expenses not later than January 1 of each year. The travel report shall be a listing of all travel by classified and unclassified employees outside this state in the immediately preceding fiscal year that was funded in whole or in part with funds appropriated in the department's budget. The report shall be submitted to the senate and house appropriations committees, the house and senate fiscal agencies, and the state budget director. The report shall include the following information:
(a) The dates of each travel occurrence.
(b) The transportation and related costs of each travel occurrence, including the proportion funded with state general fund/general purpose revenues, the proportion funded with state restricted revenues, the proportion funded with federal revenues, and the proportion funded with other revenues.
Sec. 19-208. Funds appropriated in part 1 shall not be used by a principal executive department, state agency, or authority to hire a person to provide legal services that are the responsibility of the attorney general. This prohibition does not apply to legal services for bonding activities and for those outside services that the attorney general authorizes.
Sec. 19-209. Not later than December 31, the state budget office shall prepare and transmit a report that provides for estimates of the total general fund/general purpose appropriation lapses at the close of the prior fiscal year. This report shall summarize the projected year-end general fund/general purpose appropriation lapses by major departmental program or program areas. The report shall be transmitted to the chairpersons of the senate and house appropriations committees and the senate and house fiscal agencies.
Sec. 19-210. (1) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $200,000,000.00 for federal contingency funds. These funds are not available for expenditure until they have been transferred to another line item in this article under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.
(2) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $40,000,000.00 for state restricted contingency funds. These funds are not available for expenditure until they have been transferred to another line item in this article under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.
(3) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $1,000,000.00 for local contingency funds. These funds are not available for expenditure until they have been transferred to another line item in this article under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.
(4) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $1,000,000.00 for private contingency funds. These funds are not available for expenditure until they have been transferred to another line item in this article under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.
Sec. 19-211. From the funds appropriated in part 1, the department shall provide to the department of technology, management and budget information sufficient to maintain a searchable website accessible by the public at no cost that includes, but is not limited to, all of the following for each department or agency:
(a) Fiscal year-to-date expenditures by category.
(b) Fiscal year-to-date expenditures by appropriation unit.
(c) Fiscal year-to-date payments to a selected vendor, including the vendor name, payment date, payment amount, and payment description.
(d) The number of active department employees by job classification.
(e) Job specifications and wage rates.
Sec. 19-212. Within 14 days after the release of the executive budget recommendation, the department shall provide to the state budget office information sufficient to provide the senate and house appropriations chairs, the senate and house appropriations subcommittees chairs, and the senate and house fiscal agencies with an annual report on estimated state restricted fund balances, state restricted fund projected revenues, and state restricted fund expenditures for the fiscal years ending September 30, 2022 and September 30, 2023.
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, 2023 are $69,747,100.00. From this amount, total agency appropriations for pension-related legacy costs are estimated at $42,345,600.00. Total agency appropriations for retiree health care legacy costs are estimated at $27,401,500.00.
Sec. 19-223. To the extent possible, the department shall provide notice to the speaker of the house, the house minority leader, the senate majority leader, the senate minority leader, the house and senate standing committees on transportation, the appropriate house and senate appropriations subcommittees on transportation, and the house and senate fiscal agencies on proposed federal rule changes related to the department that would require amendments to the laws of this state. The notice shall be given within 30 business days of the proposed federal rule being posted to the Federal Register and shall include a description of the proposed federal rule, the publication date, the date when public comment closes, the document citation, and a description of the statutory changes needed when the rule is finalized.
DEPARTMENTAL ADMINISTRATION AND SUPPORT
Sec. 19-301. The department may establish a fee schedule and collect fees sufficient to cover the costs to issue the permits that the department is authorized by law to issue upon request, unless otherwise stipulated by law. All permit fees are nonrefundable application fees and shall be credited to the appropriate fund to recover the direct and indirect costs of receiving, reviewing, and processing the requests.
Sec. 19-304. If, as a requirement of bidding on a highway project, the department requires a contractor to submit financial or proprietary documentation as to how the bid was calculated, that bid documentation shall be kept confidential and shall not be disclosed other than to a department representative without the contractor's written consent. The department may disclose the bid documentation if necessary to address or defend a claim by a contractor.
Sec. 19-306. (1) The amounts appropriated in part 1 to support tax and fee collection, law enforcement, and other program services provided to the department and to transportation funds by other state departments shall be expended from transportation funds pursuant to annual contracts between the department and those other state departments. The contracts shall be executed prior to the expenditure or obligation of those funds. The contracts shall provide, but are not limited to, the following data applicable to each state department:
(a) Estimated costs to be recovered from transportation funds.
(b) Description of services provided to the department and/or transportation funds and financed with transportation funds.
(c) Detailed cost allocation methods appropriate to the type of services being provided and the activities financed with transportation funds.
(2) Not later than 2 months after publication of the state of Michigan annual comprehensive financial report, each state department receiving funding pursuant to an interdepartment contract with the department shall submit a written report to the department, the state budget director, the house and senate fiscal agencies, and the auditor general stating by spending authorization account the amount of estimated funds contracted with the department, the amount of funds expended, the amount of funds returned to the transportation funds, and any unreimbursed transportation-related costs incurred but not billed to transportation funds.
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, approved minutes, and audio recording 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, 2022. With respect to each department-owned aircraft, the report shall include all of the following:
(a) Total hours of usage.
(b) Description of specific flights including dates of travel, names of passengers including state agency, university, or local government affiliation, travel origin and destination, and total estimated costs associated with the air travel.
(2) The report shall be submitted to the senate and house appropriations subcommittees on transportation, state budget director, and the house and senate fiscal agencies no later than February 1, 2023.
(3) The department shall maintain a system for recovering the cost of operating department-owned aircraft through charges to aircraft users.
Sec. 19-384. (1) Except as otherwise provided in subsection (2), the department shall not obligate the state to expend any state transportation revenue for construction planning or construction of the Gordie Howe International Crossing or a renamed successor. In addition, except as provided in subsection (2), the department shall not commit the state to any new contract related to the construction planning or construction of the Gordie Howe International Crossing or a renamed successor that would obligate the state to expend any state transportation revenue. An expenditure for staff resources used in connection with project activities, which expenditure is subject to full and prompt reimbursement from Canada, shall not be considered an expenditure of state transportation revenue.
(2) If the legislature enacts specific enabling legislation for the construction of the Gordie Howe International Crossing or a renamed successor, subsection (1) does not apply once the enabling legislation goes into effect.
Sec. 19-385. (1) The department shall submit monthly reports to the state budget director, the speaker of the house of representatives, the house of representatives minority leader, the senate majority leader, the senate minority leader, the house and senate appropriations subcommittees on transportation, and the house and senate fiscal agencies on all of the following:
(a) All expenditures made by the state related to the Gordie Howe Bridge.
(b) All reimbursements made by Canada under section 384(1) of this part to the state for expenditures for staff resources used in connection with project activities.
(c) All eminent domain and condemnation powers used, the related real estate involved in any governmental taking, the price paid for those properties, and the beneficiary's name or associated corporation.
(2) The initial report required under subsection (1) shall be submitted on or before December 1, 2022. The initial report shall cover the fiscal year ending September 30, 2022.
Sec. 19-395. From the funds appropriated in part 1 for state trunkline federal aid road and bridge construction, the department may expend up to $10,000,000.00 on highway maintenance activities to support safety-related, high-priority, and other deferred routine maintenance needs on Michigan's state trunkline network.
Sec. 19-398. The department shall continue to work to eliminate fatalities and serious injuries on Michigan's trunkline network and shall maintain the Toward Zero Deaths statewide safety campaign.
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) At the close of the fiscal year, funds appropriated in part 1 for the transportation economic development program shall lapse to the transportation economic development fund.
(2) At the close of the fiscal year, funds appropriated in part 1 for the local bridge program shall carry forward and are appropriated for the purposes defined in section 10(5) of 1951 PA 51, MCL 247.660.
(3) 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.
(4) 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.
(5) None of the funds statutorily dedicated to the transportation economic development fund and local bridge fund shall be diverted to other projects.
Sec. 19-504. Funds from the Michigan transportation fund shall be distributed to the comprehensive transportation fund, the economic development fund, the recreation improvement fund, and the state trunkline fund, in accordance with this part and part 1 and part 711 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.71101 to 324.71108, and may only be used as specified in this part and part 1, 1951 PA 51, MCL 247.651 to 247.675, and part 711 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.71101 to 324.71108.
STATE TRUNKLINE FUND
Sec. 19-604. At the close of the fiscal year, any unencumbered and unexpended balance in the state trunkline fund shall remain in the state trunkline fund and shall carry forward and is appropriated for federal aid road and bridge programs for projects contained in the annual state transportation program.
TRANSIT AND RAIL RELATED FUNDS
Sec. 19-701. The department shall establish an intercity bus equipment and facility fund as a subsidiary fund within the comprehensive transportation fund created under section 10b of 1951 PA 51, MCL 247.660b. Proceeds received by this state from the sale of state-owned intercity bus equipment shall be credited to the intercity bus equipment and facility fund for the purchase and repair of intercity bus equipment, as appropriated. Security deposits not returned to a lessee of state-owned intercity bus equipment under terms of the lease agreement shall be credited to the intercity bus equipment and facility fund for the repair of intercity bus equipment, as appropriated. Money received by the department from lease payments for state-owned intercity bus equipment, and facility maintenance charges under terms of leases of state-owned intercity facilities, shall be credited to the intercity bus equipment and facility fund for the purchase and repair of intercity bus equipment or for the maintenance and rehabilitation of state-owned intercity facilities, as appropriated. At the close of the fiscal year, any funds remaining in the intercity bus equipment and facility fund shall remain in the fund and be carried forward into the succeeding fiscal year.
Sec. 19-702. Money that is received by this state as repayment for loans made for rail or water freight capital projects, and as a result of the sale of property or equipment used or projected to be used for rail or water freight projects shall be deposited in the rail freight fund created by section 17 of the state transportation preservation act of 1976, 1976 PA 295, MCL 474.67. At the close of the fiscal year, any funds remaining in the rail freight fund shall remain in the fund and be carried forward into the succeeding fiscal year.
Sec. 19-704. From the funds appropriated in part 1, the department shall prepare and transmit a report that provides detail regarding the department's obligations for programs funded under the appropriation in part 1 for rail operations and infrastructure. The report shall include a breakdown of the appropriation by program, year-to-date obligations under each program itemized by project, and an estimate of future obligations under each program itemized by project for the remainder of the fiscal year. The initial report shall be submitted to the senate and house appropriations subcommittees on transportation, the state budget director, and the senate and house fiscal agencies, on or before March 1, 2023. The department also shall update and resubmit the final report on or before November 1, 2023.
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. 19-707. (1) Before March 1 of each year, the department will provide to the legislature, the state budget office, and the house and senate fiscal agencies its rail strategic plan. The strategic plan shall include, but is not limited to, a rolling 5-year rail plan and summary of the department's obligations for programs funded under the appropriation in part 1 for rail operations and infrastructure.
(2) The rolling 5-year rail plan shall include, but is not limited to, all the following:
(a) A listing by county of all rail infrastructure projects on rail lines within the state utilizing state funds, and the estimated cost of each project.
(b) The actual or projected state expenditures for operation of passenger rail service.
(c) The actual or projected state expenditures for maintenance of passenger service rail lines.
(3) The period of the rolling 5-year rail plan includes the current fiscal year and the 4 fiscal years immediately following the current fiscal year.
(4) The summary of the department's obligations for programs funded under the appropriation in part 1 for rail operations and infrastructure shall include a breakdown of the appropriation by program, year-to-year obligations under each program itemized by project, and an estimate of future obligations under each program itemized by project for the remainder of the fiscal year.
Sec. 19-735. For the fiscal year ending September 30, 2023, the appropriation to a street railway pursuant to section 10e(22) of 1951 PA 51, MCL 247.660e, is $0.
AERONAUTICS FUND
Sec. 19-801. Except as otherwise provided in section 903 of this part for capital outlay, at the close of the fiscal year, any unobligated and unexpended balance in the state aeronautics fund created in the aeronautics code of the state of Michigan, 1945 PA 327, MCL 259.1 to 259.208, shall lapse to the state aeronautics fund and be appropriated by the legislature in the immediately succeeding fiscal year.
CAPITAL OUTLAY
Sec. 19-901. (1) From federal-state-local project appropriations contained in part 1 for the purpose of assisting political entities and subdivisions of this state in the construction and improvement of publicly used airports and landing fields within this state, the state transportation department may permit the award of contracts on behalf of units of local government for the authorized locations not to exceed the indicated amounts, of which the state allocated portion shall not exceed the amount appropriated in part 1.
(2) Political entities and subdivisions shall provide not less than 5% of the cost of any project under this section, unless a total nonfederal share less than 10% is otherwise specified in federal law. State money shall not be allocated until local money is allocated. State money for any 1 project shall not exceed 1/3 of the total appropriation in part 1 from state funds for airport improvement programs.
(3) The Michigan aeronautics commission may take those steps necessary to match federal money available for airport construction and improvement within this state and to meet the matching requirements of the federal government. Whether acting alone or jointly with another political subdivision or public agency or with this state, a political subdivision or public agency of this state shall not submit to any agency of the federal government a project application for airport planning or development unless it is authorized in this part and part 1 and the project application is approved by the governing body of each political subdivision or public agency making the application and by the Michigan aeronautics commission.
Sec. 19-903. The appropriations in part 1 for capital outlay shall be carried forward at the end of the fiscal year consistent with the provisions of section 248 of the management and budget act, 1984 PA 431, MCL 18.1248.
ONE-TIME APPROPRIATIONS
Sec. 19-1001. (1) The one-time funds appropriated in part 1 for critical road and bridge infrastructure shall be expended by the department to support a reconstruction program for high priority roads. Projects shall be selected for inclusion in the program subject to available funding and according to any of the following criteria:
(a) Projects located on roads that are of critical economic importance.
(b) Projects located on roads with high levels of vehicle traffic that support critical economic corridors.
(c) Projects intended to increase the useful life of existing roads on key economic corridors.
(d) Projects on roads that are coordinated with current or future bridge repair or reconstruction projects of critical economic importance.
(2) The department shall provide a progress report on the critical road and bridge infrastructure program to the senate and house transportation appropriations subcommittees, the state budget director, and the senate and house fiscal agencies by September 30, 2023.
Sec. 19-1002. (1) The one-time funds appropriated in part 1 for the priority rail grade crossing/separation initiative shall be expended by the department to support a local grant program for the separation of motor vehicle traffic and railroad traffic in this state. Grant funds awarded under this program may be used by local road agencies for any stage of design and construction related to a grade separation project or a project that improves traffic at a rail crossing without a full grade separation including, but not limited to, construction of a rail siding or spur. Projects shall be selected for inclusion in the program subject to available funding and according to the following criteria:
(a) Grade separation projects that will eliminate significant blockages or backups.
(b) Grade separation projects that will have a positive impact on the local economy, safety, and the efficient movement of goods and people.
(c) Any other criteria established by the department.
(2) The department shall provide a progress report on the priority rail/grade separation initiative to the senate and house transportation appropriations subcommittees, the state budget director, and the senate and house fiscal agencies by September 30, 2023.
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, 2023, and are anticipated to be appropriated for the fiscal year ending September 30, 2024, 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................ 1,980.5 1,980.5
GROSS APPROPRIATION...................................... $ 2,380,115,500 $ 2,285,940,400
Total interdepartmental grants and interdepartmental
transfers.............................................. 11,153,100 11,153,100
ADJUSTED GROSS APPROPRIATION............................ $ 2,368,962,400 $ 2,274,787,300
Total federal revenues................................... 24,970,700 24,970,700
Total local revenues..................................... 13,209,600 13,209,600
Total private revenues................................... 31,000 31,000
Total other state restricted revenues................... 2,011,075,200 2,006,900,100
State general fund/general purpose...................... $ 319,675,900 $ 229,675,900
State general fund/general purpose schedule:
Ongoing state general fund/general purpose........... 229,675,900 229,675,900
One-time state general fund/general purpose.......... 90,000,000 0
Sec. 20-102. DEPARTMENTAL ADMINISTRATION AND SUPPORT
Full-time equated unclassified positions.............. 10.0 10.0
Full-time equated classified positions................ 447.5 447.5
Unclassified salaries-10.0 FTE positions................ $ 1,188,600 $ 1,188,600
Bureau of accounting and financial services-69.0 FTE
positions.............................................. 8,723,900 8,723,900
Collections services bureau-201.0 FTE positions......... 30,046,400 30,046,400
Department services-80.0 FTE positions.................. 9,760,100 9,760,100
Executive direction and operations-64.5 FTE positions... 9,201,600 9,201,600
Office of organizational development-5.0 FTE positions.. 751,300 751,300
Property management...................................... 7,174,500 7,174,500
Unclaimed property-28.0 FTE positions................... 5,081,600 5,081,600
Worker's compensation.................................... 183,800 183,800
GROSS APPROPRIATION...................................... $ 72,111,800 $ 72,111,800
Appropriated from:
Interdepartmental grant revenues:
IDG from department of health and human services........ 816,500 816,500
IDG from other restricted funding....................... 6,522,800 6,522,800
Federal revenues:
Other federal revenues................................... 1,037,300 1,037,300
Special revenue funds:
Other state restricted revenues......................... 50,197,600 50,197,600
State general fund/general purpose...................... $ 13,537,600 $ 13,537,600
Sec. 20-103. LOCAL GOVERNMENT PROGRAMS
Full-time equated classified positions................ 106.0 106.0
Local finance-18.0 FTE positions........................ $ 2,521,100 $ 2,521,100
Michigan infrastructure council-3.0 FTE positions....... 3,849,800 3,849,800
Property tax assessor training-1.0 FTE position......... 1,049,800 1,049,800
Supervision of the general property tax law-84.0 FTE
positions.............................................. 17,992,300 17,992,300
GROSS APPROPRIATION...................................... $ 25,413,000 $ 25,413,000
Appropriated from:
Interdepartmental grant revenues:
IDG from department of transportation................... 250,300 250,300
Special revenue funds:
Local revenues........................................... 1,799,700 1,799,700
Other state restricted revenues......................... 4,250,000 4,250,000
State general fund/general purpose...................... $ 19,113,000 $ 19,113,000
Sec. 20-104. TAX PROGRAMS
Full-time equated classified positions................ 763.0 763.0
Bottle act implementation................................ $ 250,000 $ 250,000
Home heating assistance.................................. 3,099,200 3,099,200
Insurance provider assessment program-13.0 FTE
positions.............................................. 2,211,600 2,211,600
Office of revenue and tax analysis-21.0 FTE positions... 4,050,500 4,050,500
Tax and economic policy-44.0 FTE positions.............. 9,343,100 9,343,100
Tax compliance-319.0 FTE positions...................... 46,373,900 46,373,900
Tax processing-355.0 FTE positions...................... 44,244,100 44,244,100
Tobacco tax enforcement-11.0 FTE positions.............. 1,577,700 1,577,700
GROSS APPROPRIATION...................................... $ 111,150,100 $ 111,150,100
Appropriated from:
Interdepartmental grant revenues:
IDG from department of transportation................... 2,484,400 2,484,400
Federal revenues:
Other federal revenues................................... 3,099,200 3,099,200
Special revenue funds:
Other state restricted revenues......................... 84,704,200 84,704,200
State general fund/general purpose...................... $ 20,862,300 $ 20,862,300
Sec. 20-105. FINANCIAL PROGRAMS
Full-time equated classified positions................ 172.0 172.0
Dual enrollment payments................................. $ 3,000,000 $ 3,000,000
Investments-81.0 FTE positions.......................... 22,254,300 22,254,300
State and authority finance-19.0 FTE positions.......... 4,581,200 4,581,200
Student financial assistance programs-72.0 FTE
positions.............................................. 26,023,900 26,023,900
GROSS APPROPRIATION...................................... $ 55,859,400 $ 55,859,400
Appropriated from:
Interdepartmental grant revenues:
IDG from other restricted funding....................... 213,600 213,600
Federal revenues:
Other federal revenues................................... 20,215,100 20,215,100
Special revenue funds:
Michigan merit award trust fund......................... 1,235,500 1,235,500
Other state restricted revenues......................... 26,212,700 26,212,700
State general fund/general purpose...................... $ 7,982,500 $ 7,982,500
Sec. 20-106. DEBT SERVICE
Clean Michigan initiative................................ $ 23,760,000 $ 23,760,000
Great Lakes water quality bond.......................... 72,861,100 72,861,100
Quality of life bond..................................... 3,463,000 3,463,000
GROSS APPROPRIATION...................................... $ 100,084,100 $ 100,084,100
Appropriated from:
Special revenue funds:
State general fund/general purpose...................... $ 100,084,100 $ 100,084,100
Sec. 20-107. GRANTS
Convention facility development distribution............ $ 118,590,700 $ 118,590,700
Emergency 911 payments................................... 48,800,000 48,800,000
Health and safety fund grants........................... 1,500,000 1,500,000
Recreational marihuana grants........................... 50,580,000 58,200,000
Senior citizen cooperative housing tax exemption
program................................................ 11,421,800 11,421,800
Wrongful imprisonment compensation fund................. 10,000,000 10,000,000
GROSS APPROPRIATION...................................... $ 240,892,500 $ 248,512,500
Appropriated from:
Special revenue funds:
Other state restricted revenues......................... 219,470,700 227,090,700
State general fund/general purpose...................... $ 21,421,800 $ 21,421,800
Sec. 20-108. BUREAU OF STATE LOTTERY
Full-time equated classified positions................ 211.0 211.0
Lottery information technology services and projects.... $ 3,970,900 $ 3,970,900
Lottery operations-211.0 FTE positions.................. 30,327,000 30,327,000
GROSS APPROPRIATION...................................... $ 34,297,900 $ 34,297,900
Appropriated from:
Special revenue funds:
Other state restricted revenues......................... 34,297,900 34,297,900
State general fund/general purpose...................... $ 0 $ 0
Sec. 20-109. MICHIGAN GAMING CONTROL BOARD
Full-time equated classified positions................ 206.0 206.0
Casino gaming control operations-176.0 FTE positions.... $ 34,027,000 $ 34,027,000
Gaming control information technology services and
projects............................................... 5,327,000 5,327,000
Horse racing-10.0 FTE positions......................... 2,129,700 2,129,700
Michigan gaming control board........................... 50,000 50,000
Millionaire party regulation-20.0 FTE positions......... 3,168,000 3,168,000
GROSS APPROPRIATION...................................... $ 44,701,700 $ 44,701,700
Appropriated from:
Special revenue funds:
Other state restricted revenues......................... 44,701,700 44,701,700
State general fund/general purpose...................... $ 0 $ 0
Sec. 20-110. PAYMENTS IN LIEU OF TAXES
Commercial forest reserve................................ $ 3,368,100 $ 3,368,100
Purchased lands.......................................... 9,971,100 9,971,100
Swamp and tax reverted lands............................ 16,836,200 16,836,200
GROSS APPROPRIATION...................................... $ 30,175,400 $ 30,175,400
Appropriated from:
Special revenue funds:
Private revenues......................................... 31,000 31,000
Other state restricted revenues......................... 6,212,800 6,212,800
State general fund/general purpose...................... $ 23,931,600 $ 23,931,600
Sec. 20-111. REVENUE SHARING
City, village, and township revenue sharing............. $ 279,557,400 $ 279,557,400
Constitutional state general revenue sharing grants..... 964,585,400 981,897,300
County incentive program................................. 43,488,100 43,488,100
County revenue sharing................................... 199,999,300 199,999,300
Financially distressed cities, villages, or townships... 2,500,000 2,500,000
GROSS APPROPRIATION...................................... $ 1,490,130,200 $ 1,507,442,100
Appropriated from:
Special revenue funds:
Sales tax................................................ 1,490,130,200 1,507,442,100
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.............. $ 765,500 $ 765,500
GROSS APPROPRIATION...................................... $ 765,500 $ 765,500
Appropriated from:
Special revenue funds:
Other state restricted revenues......................... 765,500 765,500
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 program-72.0 FTE
positions.............................................. $ 10,148,200 $ 10,148,200
GROSS APPROPRIATION...................................... $ 10,148,200 $ 10,148,200
Appropriated from:
Special revenue funds:
Local revenues........................................... 10,148,200 10,148,200
State general fund/general purpose...................... $ 0 $ 0
Sec. 20-114. INFORMATION TECHNOLOGY
Treasury operations information technology services
and projects........................................... $ 45,278,700 $ 45,278,700
GROSS APPROPRIATION...................................... $ 45,278,700 $ 45,278,700
Appropriated from:
Interdepartmental grant revenues:
IDG from department of transportation................... 865,500 865,500
Federal revenues:
Other federal revenues................................... 619,100 619,100
Special revenue funds:
Local revenues........................................... 1,261,700 1,261,700
Other state restricted revenues......................... 19,789,400 19,789,400
State general fund/general purpose...................... $ 22,743,000 $ 22,743,000
Sec. 20-115. ONE-TIME APPROPRIATIONS
Advertising for responsible gaming...................... $ 3,000,000 $ 0
City, village, and township revenue sharing............. 13,312,300 0
County revenue sharing................................... 11,594,700 0
Electric vehicle rebates................................. 50,000,000 0
Local community transition support...................... 40,000,000 0
Retirement income tax reform implementation............. 1,200,000 0
GROSS APPROPRIATION...................................... $ 119,107,000 $ 0
Appropriated from:
Special revenue funds:
Sales tax................................................ 24,907,000 0
Other state restricted revenues......................... 4,200,000 0
State general fund/general purpose...................... $ 90,000,000 $ 0
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
FISCAL YEAR 2023
GENERAL SECTIONS
Sec. 20-201. Pursuant to section 30 of article IX of the state constitution of 1963, total state spending from state sources under part 1 for the fiscal year 2023 is $2,330,751,100.00 and state spending from state sources to be paid to local units of government for fiscal year 2023 is $1,820,305,100.00. The itemized statement below identifies appropriations from which spending to local units of government will occur:
DEPARTMENT OF TREASURY
Convention facility development distribution........................... $ 118,590,700
Emergency 911 payments................................................. 26,000,000
Health and safety fund grants.......................................... 1,500,000
Recreational marihuana grants.......................................... 50,580,000
Senior citizen cooperative housing tax exemption program.............. 11,421,800
Commercial forest reserve.............................................. 3,368,100
Purchased lands........................................................ 9,971,100
Swamp and tax reverted lands........................................... 16,836,200
City, village, and township revenue sharing............................ 292,869,700
Constitutional state general revenue sharing grants................... 964,585,400
County incentive program............................................... 43,488,100
County revenue sharing................................................. 211,594,000
Financially distressed cities, villages, or townships................. 2,500,000
Local community transition support..................................... 40,000,000
Airport parking distribution........................................... 27,000,000
TOTAL.................................................................... $ 1,820,305,100
Sec. 20-202. The appropriations authorized under this article are subject to the management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594.
Sec. 20-203. As used in this article:
(a) "Department" means the department of treasury.
(b) "Director" means the director of the department.
(c) "FTE" means full-time equated.
(d) "IDG" means interdepartmental grant.
(e) "JCOS" means the joint capital outlay subcommittee.
(f) "MEGA" means the Michigan Economic Growth Authority.
(g) "RFP" means a request for proposal.
Sec. 20-204. The departments and agencies receiving appropriations in part 1 shall use the Internet to fulfill the reporting requirements of this article. This requirement shall include transmission of reports via Email to the recipients identified for each reporting requirement, or it shall include placement of reports on an Internet site.
Sec. 20-205. To the extent permissible under MCL 18.1261:
(a) Funds appropriated in part 1 must 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 must be given to goods or services, or both, manufactured or provided by Michigan businesses, if they are competitively priced and of comparable quality.
(c) In addition, preference must be given to goods or services, or both, that are manufactured or provided by Michigan businesses owned and operated by veterans, if they are competitively priced and of comparable quality.
Sec. 20-206. To the extent permissible under the management and budget act, the director shall take all reasonable steps to ensure businesses in deprived and depressed communities compete for and perform contracts to provide services or supplies, or both. 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. 20-207. Consistent with MCL 18.1217, the departments and agencies receiving appropriations in part 1 shall prepare a report on out-of-state travel expenses not later than January 1 of each year. The travel report shall be a listing of all travel by classified and unclassified employees outside this state in the immediately preceding fiscal year that was funded in whole or in part with funds appropriated in the department's budget. The report shall be submitted to the senate and house appropriations committees, the house and senate fiscal agencies, and the state budget director. The report shall include the following information:
(a) The dates of each travel occurrence.
(b) The transportation and related costs of each travel occurrence, including the proportion funded with state general fund/general purpose revenues, the proportion funded with state restricted revenues, the proportion funded with federal revenues, and the proportion funded with other revenues.
Sec. 20-208. Funds appropriated in part 1 shall not be used by a principal executive department, state agency, or authority to hire a person to provide legal services that are the responsibility of the attorney general. This prohibition does not apply to legal services for bonding activities and for those outside services that the attorney general authorizes.
Sec. 20-209. Not later than December 31, the state budget office shall prepare and transmit a report that provides for estimates of the total general fund/general purpose appropriation lapses at the close of the prior fiscal year. This report shall summarize the projected year-end general fund/general purpose appropriation lapses by major departmental program or program areas. The report shall be transmitted to the chairpersons of the senate and house appropriations committees and the senate and house fiscal agencies.
Sec. 20-210. (1) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $1,000,000.00 for federal contingency funds. These funds are not available for expenditure until they have been transferred to another line item in this article under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.
(2) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $10,000,000.00 for state restricted contingency funds. These funds are not available for expenditure until they have been transferred to another line item in this article under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.
(3) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $200,000.00 for local contingency funds. These funds are not available for expenditure until they have been transferred to another line item in this article under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.
(4) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $40,000.00 for private contingency funds. These funds are not available for expenditure until they have been transferred to another line item in this article under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.
Sec. 20-211. From the funds appropriated in part 1, the department shall provide to the department of technology, management and budget information sufficient to maintain a searchable website accessible by the public at no cost that includes, but is not limited to, all of the following for each department or agency:
(a) Fiscal year-to-date expenditures by category.
(b) Fiscal year-to-date expenditures by appropriation unit.
(c) Fiscal year-to-date payments to a selected vendor, including the vendor name, payment date, payment amount, and payment description.
(d) The number of active department employees by job classification.
(e) Job specifications and wage rates.
Sec. 20-212. Within 14 days after the release of the executive budget recommendation, the department shall provide to the state budget office information sufficient to provide the senate and house appropriations chairs, the senate and house appropriations subcommittees chairs, and the senate and house fiscal agencies with an annual report on estimated state restricted fund balances, state restricted fund projected revenues, and state restricted fund expenditures for the fiscal years ending September 30, 2022 and September 30, 2023.
Sec. 20-213. The department shall maintain, on a publicly accessible website, a department scorecard that identifies, tracks, and regularly updates key metrics that are used to monitor and improve the department's performance.
Sec. 20-214. Total authorized appropriations from all sources under part 1 for legacy costs for the fiscal year ending September 30, 2023 are estimated at $40,613,300.00. From this amount, total agency appropriations for pension-related legacy costs are estimated at $24,657,600.00. Total agency appropriations for retiree health care legacy costs are estimated at $15,955,700.00.
Sec. 20-215. Funds appropriated in part 1 shall not be used by this state, a department, an agency, or an authority of this state to purchase an ownership interest in a casino enterprise or a gambling operation as those terms are defined in the Michigan Gaming Control and Revenue Act, 1996 IL 1, MCL 432.201 to 432.226.
DEPARTMENT OF TREASURY OPERATIONS
Sec. 20-902. (1) Amounts needed to pay for interest, fees, principal, mandatory and optional redemptions, arbitrage rebates as required by federal law, and costs associated with the payment, registration, trustee services, credit enhancements, and issuing costs in excess of the amount appropriated to the department in part 1 for debt service on notes and bonds that are issued by the state under sections 14, 15, and 16 of article IX of the state constitution of 1963 as implemented by 1967 PA 266, MCL 17.451 to 17.455, are appropriated.
(2) In addition to the amount appropriated to the department for debt service in part 1, there is appropriated an amount for fiscal year cash-flow borrowing costs to pay for interest on interfund borrowing made under 1967 PA 55, MCL 12.51 to 12.53.
(3) In addition to the amount appropriated to the department for debt service in part 1, there is appropriated all repayments received by the state on loans made from the school bond loan fund not required to be deposited in the school loan revolving fund by or pursuant to section 4 of 1961 PA 112, MCL 388.984, to the extent determined by the state treasurer, for the payment of debt service, including, without limitation, optional and mandatory redemptions, on bonds, notes or commercial paper issued by the state pursuant to 1961 PA 112, MCL 388.981 to 388.985.
Sec. 20-902a. As a condition of receiving appropriations in part 1, the department shall notify the senate and house of representatives standing committees on appropriations, the chairpersons of the relevant appropriations subcommittees, the senate and house fiscal agencies, and the state budget director not more than 30 days after a refunding or restructuring bond issue is sold. The notification shall compare the annual debt service prior to the refinancing or restructuring, the annual debt service after the refinancing or restructuring, the change in the principal and interest over the duration of the debt, and the projected change in the present value of the debt service due to the refinancing and restructuring.
Sec. 20-902b. As a condition of receiving appropriations in part 1, the department shall report not later than 30 days after the state of Michigan annual comprehensive financial report is published to the chairpersons of the senate and house of representatives appropriations subcommittees on general government, the house and senate fiscal agencies, and the state budget director on all funds that are controlled or administered by the department and not appropriated in part 1. This notification can be completed electronically and the department must notify the recipients when the report is publicly available. Both the current and any previous reports required under this section shall be saved and publicly available on the department public internet website and stored in a common location with all other statutory and boilerplate required reports. The link to the location of the reports shall be clearly indicated on the main page of the department internet website. The report shall include all of the following information:
(a) The starting balance for each fund from the previous fiscal year.
(b) Total revenue generated by both transfers in and investments for each fund in the previous fiscal year.
(c) Total expenditures for each fund in the previous fiscal year.
(d) The ending balance for each fund for the previous fiscal year.
Sec. 20-903. (1) From the funds appropriated in part 1, the department may contract with private collection agencies and law firms to collect taxes and other accounts due this state, or to a city for which the department has entered into an agreement to provide tax administration services. In addition to the amounts appropriated in part 1 to the department, there are appropriated amounts necessary to fund collection costs and fees, including infrastructure, 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, or to a city for which the department has entered into an agreement to provide tax administrative services, are from the fund or account to which the revenues being collected are recorded or dedicated. However, if the taxes collected are constitutionally dedicated for a specific purpose, the appropriation of collection costs and fees are from the general purpose account of the general fund.
(2) From the funds appropriated in part 1, the department may contract with private collections agencies and law firms to collect defaulted student loans and other accounts due the Michigan guaranty agency. In addition to the amounts appropriated in part 1 to the department, there are appropriated amounts necessary to fund collection costs and fees not to exceed 24.34% of the collection or a lesser amount as prescribed by the contract. The appropriation to fund collection costs and fees for the auditing and collection of defaulted student loans due the Michigan guaranty agency is from the fund or account to which the revenues being collected are recorded or dedicated.
(3) The department shall submit a report for the immediately preceding fiscal year ending September 30 to the state budget director, the senate and house of representatives standing committees on appropriations, and the chairpersons of the relevant appropriations subcommittees, not later than November 30 stating the agencies or law firms employed, the amount of collections for each, the costs of collection, and other pertinent information relating to determining whether this authority should be continued.
(4) As a condition of receiving funds appropriated in part 1 for collection services, the department shall issue an RFP for secondary placement collection services if RFPs are issued for primary collection services. The RFP shall allow for a multiple collection contract approach. It shall also allow a bidder to bid on the entire contract, or for individual components of the contract.
Sec. 20-904. (1) The department, through its bureau of investments, may charge an investment service fee against the applicable retirement funds. The fees may be expended for necessary salaries, wages, contractual services, supplies, materials, equipment, travel, worker's compensation insurance premiums, and grants to the civil service commission and state employees' retirement funds. Service fees shall not exceed the aggregate amount appropriated in part 1. The department shall maintain accounting records in sufficient detail to enable the retirement funds to be reimbursed periodically for fee revenue that is determined by the department to be surplus.
(2) In addition to the funds appropriated in part 1 from the retirement funds to the department, there is appropriated from retirement funds an amount sufficient to pay for the services of money managers, investment advisors, investment consultants, custodians, and other outside professionals, the state treasurer considers necessary to prudently manage the retirement funds' investment portfolios. The 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 director concerning the performance of each portfolio by investment advisor.
(3) The department shall provide a report to the house and senate chairpersons of the relevant subcommittees, the house and senate fiscal agencies, and the state budget director by November 30 of each year identifying the service fees assessed against each retirement system under subsection (1) and the methodology used for assessment.
Sec. 20-904a. (1) There is appropriated an amount sufficient to recognize and pay expenditures for financial services provided by financial institutions or equivalent vendors that perform these services including treasury as provided under section 1 of 1861 PA 111, MCL 21.181.
(2) The appropriations under subsection (1) shall be funded by restricting revenues from common cash interest earnings and investment earnings in an amount sufficient to record these expenditures. If the amounts of common cash interest earnings are insufficient to cover these costs, then miscellaneous revenues shall be used to fund the remaining balance of these expenditures.
Sec. 20-905. A revolving fund known as the municipal finance fee fund is created in the department. Fees are established under the revised municipal finance act, 2001 PA 34, MCL 141.2101 to 141.2821, and the fees collected shall be credited to the municipal finance fee fund and may be carried forward for future appropriation.
Sec. 20-906. (1) The department shall charge for audits as permitted by state or federal law or under contractual arrangements with local units of government, other principal executive departments, or state agencies. However, the charge shall not be more than the actual cost for performing the audit. A report detailing audits performed and audit charges for the immediately preceding fiscal year shall be submitted to the state budget director, the chairpersons of the relevant appropriations subcommittees, and the senate and house fiscal agencies not later than November 30.
(2) A revolving fund known as the audit charges fund is created in the department. The contractual charges collected shall be credited to the audit charges fund and may be carried forward for future appropriation.
Sec. 20-907. A revolving fund known as the assessor certification and training fund is created in the department. The assessor certification and training fund shall be used to organize and operate a property assessor certification and training program. Each participant certified and trained shall pay to the department examination fees not to exceed $50.00 per examination and certification fees not to exceed $175.00. Training courses shall be offered in assessment administration. Each participant shall pay a fee to cover the expenses incurred in offering the optional programs to certified assessing personnel and other individuals interested in an assessment career opportunity. The fees collected shall be credited to the assessor certification and training fund.
Sec. 20-908. The amount appropriated in part 1 for the home heating assistance program is to cover the costs, including data processing, of administering federal home heating credits to eligible claimants and to administer the supplemental fuel cost payment program for eligible tax credit and welfare recipients.
Sec. 20-909. Revenue from the airport parking tax act, 1987 PA 248, MCL 207.371 to 207.383, is appropriated and shall be distributed under section 7a of the airport parking tax act, 1987 PA 248, MCL 207.377a.
Sec. 20-910. The disbursement by the department from the bottle deposit fund to dealers as required by section 3c(2) of 1976 IL 1, MCL 445.573c, is appropriated.
Sec. 20-911. (1) There is appropriated an amount sufficient to recognize and pay refundable tax credits, tax refunds, and interest as provided by law.
(2) The appropriations under subsection (1) shall be funded by restricting tax revenue in an amount sufficient to record these expenditures.
Sec. 20-912. A plaintiff in a garnishment action involving this state shall pay to the state treasurer 1 of the following:
(a) A fee of $6.00 at the time a writ of garnishment of periodic payments is served upon the state treasurer, as provided in section 4012 of the revised judicature act of 1961, 1961 PA 236, MCL 600.4012.
(b) A fee of $6.00 at the time any other writ of garnishment is served upon the state treasurer, except that the fee shall be reduced to $5.00 for each writ of garnishment for individual income tax refunds or credits filed by magnetic media.
Sec. 20-913. (1) The department 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 director. 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 2021. Except as otherwise provided in this section, the amount appropriated shall not revert to the general fund and shall remain in the state campaign fund. Any amounts remaining in the state campaign fund in excess of $10,000,000.00 on December 31 shall revert to the general fund.
Sec. 20-916. The department may make available to interested entities otherwise unavailable customized unclaimed property listings of nonconfidential information in its possession. The charge for this information is as follows: 1 to 100,000 records at 2.5 cents per record and 100,001 or more records at .5 cents per record. The revenue received from this service shall be deposited to the appropriate revenue account or fund. The department shall submit an annual report on or before June 1 to the state budget director and the senate and house of representatives standing committees on appropriations that states the amount of revenue received from the sale of information.
Sec. 20-917. (1) There is appropriated for write-offs and advances an amount equal to total write-offs and advances for departmental programs, but not to exceed current year authorizations that would otherwise lapse to the general fund.
(2) The department shall submit a report for the immediately preceding fiscal year to the state budget director, the chairpersons of the relevant appropriations subcommittees, and the senate and house fiscal agencies not later than November 30 stating the amounts appropriated for write-offs and advances under subsection (1) and an explanation for each write-off or advance that occurred.
Sec. 20-919. (1) From funds appropriated in part 1, the department may contract with private auditing firms to audit for and collect unclaimed property due this state in accordance with the uniform unclaimed property act, 1995 PA 29, MCL 567.221 to 567.265. In addition to the amounts appropriated in part 1 to the department, there are appropriated amounts necessary to fund auditing and collection costs and fees not to exceed 12% of the collections, or a lesser amount as prescribed by the contract. The appropriation to fund collection costs and fees for the auditing and collection of unclaimed property due this state is from the fund or account to which the revenues being collected are recorded or dedicated.
(2) The department shall submit a report for the immediately preceding fiscal year ending September 30 to the state budget director, the senate and house of representatives standing committees on appropriations, and the chairpersons of the relevant appropriations subcommittees not later than November 30 stating the auditing firms employed, the amount of collections for each, the costs of collection, and other pertinent information relating to determining whether this authority should be continued.
Sec. 20-920. From the funds appropriated in part 1, the department shall produce a listing of all personal property tax reimbursement payments to be distributed in the current fiscal year by the local community stabilization authority and shall post the list of payments on the department website by June 30.
Sec. 20-921. From the funds appropriated in part 1, the department shall notify all members of the Michigan legislature on any revenue administrative bulletins, administrative rules involving tax administration or collection, or notices interpreting changes in law. The notification shall be issued within 5 days of when it is posted and shall include at least the following:
(a) A summary of the proposed changes from current procedures.
(b) Identification of potential industries that will be affected by the bulletin, notice, or rule.
(c) A discussion of the potential fiscal implications of the bulletin, notice, or rule. This subdivision does not apply to a bulletin, notice, or rule that is a routine update of a tax or interest rate required by statute.
(d) A summary of the reason for the proposed changes.
Sec. 20-924. (1) In addition to the funds appropriated in part 1, the department may receive and expend principal residence audit fund revenue for administration of principal residence audits under the general property tax act, 1893 PA 206, MCL 211.1 to 211.155.
(2) The department shall submit a report for the immediately preceding fiscal year to the state budget director, the chairpersons of the relevant appropriations subcommittees, and the senate and house fiscal agencies not later than December 31 stating the amount of exemptions denied and the revenue received under the program.
Sec. 20-927. The department shall submit annual progress reports to the senate and house of representatives standing committees on appropriations subcommittees on general government and the senate and house fiscal agencies, regarding essential service assessment audits. The report shall include the number of audits, revenue generated, and number of complaints received by the department related to the audits.
Sec. 20-928. The department may provide receipt, check and cash processing, data, collection, investment, fiscal agent, levy and check cost assessment, writ of garnishment, and other user services on a contractual basis for other principal executive departments and state agencies. Funds for the services provided are appropriated and shall be expended for salaries and wages, fees, supplies, and equipment necessary to provide the services. Any unobligated balance of the funds received shall revert to the general fund of this state as of September 30.
Sec. 20-930. (1) The department shall provide accounts receivable collections services to other principal executive departments and state agencies under 1927 PA 375, MCL 14.131 to 14.134, or to a city for which the department has entered into an agreement to provide tax administration services. 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. The department may expend revenues received under the hospital finance authority act, 1969 PA 38, MCL 331.31 to 331.84, the shared credit rating act, 1985 PA 227, MCL 141.1051 to 141.1076, the higher education facilities authority act, 1969 PA 295, MCL 390.921 to 390.934, the Michigan public educational facilities authority, Executive Reorganization Order No. 2002-3, MCL 12.192, the Michigan tobacco settlement finance authority act, 2005 PA 226, MCL 129.261 to 129.279, the land bank fast track act, 2003 PA 258, MCL 124.751 to 124.774, part 505 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.50501 to 324.50522, the state housing development authority act of 1966, 1966 PA 346, MCL 125.1401 to 125.1499c, and the Michigan finance authority, Executive Reorganization Order No. 2010-2, MCL 12.194, for necessary salaries, wages, supplies, contractual services, equipment, worker's compensation insurance premiums, grants to the civil service commission and state employees' retirement fund, and other expenses as allowed under those acts.
Sec. 20-935. The funds appropriated in part 1 for dual enrollment payments for an eligible student enrolled in a state-approved nonpublic school shall be distributed as provided under the postsecondary enrollment options act, 1996 PA 160, MCL 388.511 to 388.524, and the career and technical preparation act, 2000 PA 258, MCL 388.1901 to 388.1913, in a form and manner as determined by the department.
Sec. 20-937. As a condition of receiving funds 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) From the funds appropriated in part 1, the department, in conjunction with the Michigan strategic fund, shall report to the senate and house of representatives standing committees on appropriations, the relevant senate and house of representatives appropriations subcommittees, the senate and house fiscal agencies, and the state budget director by November 1 on the annual cost of the Michigan economic growth authority tax credits. The report shall include for each year the board-approved credit amount, adjusted for credit amendments where applicable, and the actual and projected value of tax credits for each year from 1995 to the expiration of the credit program. For years for which credit claims are complete, the report shall include the total of actual certificated credit amounts. For years for which claims are still pending or not yet submitted, the report shall include a combination of actual credits where available and projected credits. Credit projections shall be based on updated estimates of employees, wages, and benefits for eligible companies.
(2) In addition to the report under subsection (1), the department, in conjunction with the Michigan strategic fund, shall report to the senate and house of representatives standing committees on appropriations, the relevant senate and house of representatives appropriations subcommittees, the senate and house fiscal agencies, and the state budget director by November 1 on the annual cost of all other certificated credits by program, for each year until the credits expire or can no longer be collected. The report shall include estimates on the brownfield redevelopment credit, film credits, MEGA photovoltaic technology credit, MEGA polycrystalline silicon manufacturing credit, MEGA vehicle battery credit, and other certificated credits.
Sec. 20-944. From the funds appropriated in part 1, if the department hires a pension plan consultant using any of the funds appropriated in part 1, the department shall retain any report provided to the department by that consultant, notify the senate and house of representatives appropriations subcommittees on general government, the senate and house fiscal agencies, and the state budget director, and shall make that report available upon request to the senate and house of representatives standing committees on appropriations subcommittees on general government, the senate and house fiscal agencies, and the state budget director. A rationale for retention of a pension plan consultant shall be included in the notification of retention.
Sec. 20-945. From the funds appropriated in part 1, audits of local unit assessment administration practices, procedures, and records shall be conducted in each assessment jurisdiction a minimum of once every 5 years and in accordance with section 10g of the general property tax act, 1893 PA 206, MCL 211.10g.
Sec. 20-946. Revenue collected in the convention facility development fund is appropriated and shall be distributed under sections 8, 9, and 10 of the state convention facility development act, 1985 PA 106, MCL 207.628, 207.629, and 207.630.
Sec. 20-949. (1) From the funds appropriated in part 1, the department may contract with private agencies to prevent the disbursement of fraudulent tax refunds. In addition to the amounts appropriated in part 1 to the department, there are appropriated amounts necessary to pay contract costs or fund operations designed to reduce fraudulent income tax refund payments not to exceed $1,500,000.00 of the refunds identified as potentially fraudulent and for which payment of the refund is denied. The appropriation to fund fraud prevention efforts is from the fund or account to which the revenues being collected are recorded or dedicated.
(2) The department shall submit a report for the immediately preceding fiscal year ending September 30 to the state budget director, the senate and house of representatives standing committees on appropriations, and the chairpersons of the relevant appropriations subcommittees not later than November 30 stating the number of refund claims denied due to the fraud prevention operations, the amount of refunds denied, the costs of the fraud prevention operations, and other pertinent information relating to determining whether this authority should be continued.
Sec. 20-949a. From the funds appropriated in part 1 for additional staff in city income tax administration, the department may expand individual income tax return administration to 1 additional city to leverage the department's capabilities to assist cities with their taxation efforts.
Sec. 20-949b. Tax capture revenues collected in accordance with 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 pursuant to the provisions of chapter 8D of the Michigan strategic fund act, 1984 PA 270, MCL 125.2090g to 125.2090j.
Sec. 20-949c. From the funds appropriated in part 1, funds shall be expended in coordination with the department of agriculture and rural development to improve the timely processing and issuance of tax credits from the Michigan's farmland and open space preservation program created under section 36109 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.36109, for the Michigan's farmland and open space preservation program under parts 361 and 362 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.36101 to 324.36116 and 324.36201 to 324.36207, including, but not limited to:
(a) Timely review of mailed applications and paperwork.
(b) Timely and proactive communications to applicants regarding the status of the applicant's application.
(c) A clear and understood timeline for the issuance of any tax credits.
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. 20-949g. Tax capture revenues collected in accordance with written agreements under the employment opportunity program and transferred from the general fund for deposit into the employment opportunity fund, and for both calculated payments from the employment opportunity fund to authorized businesses and distributions to the Michigan strategic fund for administrative expenses, are appropriated pursuant to the provisions of chapter 8F of the Michigan strategic fund act, 1984 PA 270, MCL 125.2090t to 125.2090w.
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. 20-949i. Revenue from the Michigan Regulation and Taxation of Marihuana Act, 2018 IL 1, MCL 333.27951 to 333.27967, is appropriated and distributed pursuant to the Michigan Regulation and Taxation of Marihuana Act, 2018 IL 1, MCL 333.27951 to 333.27967.
Sec. 20-949j. All funds in the wrongful imprisonment compensation fund created in the wrongful imprisonment compensation act, 2016 PA 343, MCL 691.1751 to 691.1757, are appropriated and available for expenditure. Expenditures are limited to support wrongful imprisonment compensation payments pursuant to section 6 of the wrongful imprisonment compensation act, 2016 PA 343, MCL 691.1756.
Sec. 20-949k. There is appropriated an amount equal to the tax captured revenues due under approved transformational brownfield plans created in the brownfield redevelopment financing act, 1996 PA 381, MCL 125.2651 to 125.2670.
Sec. 20-949m. From the funds appropriated in part 1, the Michigan infrastructure council will plan, conduct, and contract for asset management improvement activities including, but not limited to, infrastructure data collection activities, asset manager training, development of a 30-year asset management plan for Michigan, assistance in asset management improvement projects including maintaining an asset management portal, and other projects that promote improved asset management for infrastructure in Michigan.
Sec. 20-949n. Any money received as gifts or donations to the fostering futures scholarship trust fund created by the fostering futures scholarship trust fund act, 2008 PA 525, MCL 722.1021 to 722.1031, is appropriated for expenditure for the purposes of the program.
REVENUE SHARING
Sec. 20-950. The funds appropriated in part 1 for constitutional revenue sharing shall be distributed by the department to cities, villages, and townships, as required under section 10 of article IX of the state constitution of 1963. Revenue collected in accordance with section 10 of article IX of the state constitution of 1963 in excess of the amount appropriated in part 1 for constitutional revenue sharing is appropriated for distribution to cities, villages, and townships, on a population basis as required under section 10 of article IX of the state constitution of 1963.
Sec. 20-952. (1) The funds appropriated in part 1 for city, village, and township revenue sharing are for grants to cities, villages, and townships such that, subject to fulfilling the requirements under subsection (3), each city, village, or township that received a payment under section 952(1) of 2021 PA 87 is eligible to receive a payment equal to 110.0% of its total eligible payment under section 952(1) of 2021 PA 87, rounded to the nearest dollar. For purposes of this subsection, any city, village, or township that completely merges with another city, village, or township will be treated as a single entity, such that when determining the eligible payment under section 952(1) of 2021 PA 87 for the combined single entity, the amount each of the merging local units was eligible to receive under section 952(1) of 2021 PA 87 is summed.
(2) The funds appropriated in part 1 for the county incentive program are to be used for grants to counties such that each county is eligible to receive an amount equal to 20% of the amount determined pursuant to the Glenn Steil state revenue sharing act of 1971, 1971 PA 140, MCL 141.901 to 141.921. The amount calculated under this subsection shall be adjusted as necessary to reflect partial county fiscal years and prorated based on the total amount appropriated for distribution to all eligible counties. Except as otherwise provided under this subsection, payments under this subsection will be distributed to an eligible county subject to the county's fulfilling the requirements under subsection (3).
(3) For purposes of accountability and transparency, each eligible city, village, township, or county shall certify by December 1, or the first day of a payment month, that it has produced a citizen's guide of its most recent local finances, including a recognition of its unfunded liabilities; a performance dashboard; a debt service report containing a detailed listing of its debt service requirements, including, at a minimum, the issuance date, issuance amount, type of debt instrument, a listing of all revenues pledged to finance debt service by debt instrument, and a listing of the annual payment amounts until maturity; and a projected budget report, including, at a minimum, the current fiscal year and a projection for the immediately following fiscal year. The projected budget report shall include revenues and expenditures and an explanation of the assumptions used for the projections. Each eligible city, village, township, or county shall include in any mailing of general information to its citizens the internet website address location for its citizen's guide, performance dashboard, debt service report, and projected budget report or the physical location where these documents are available for public viewing in the city, village, township, or county clerk's office. Each city, village, township, and county applying for a payment under this subsection shall submit a copy of the performance dashboard, a copy of the debt service report, and a copy of the projected budget report to the department. In addition, each eligible city, village, township, or county applying for a payment under this subsection shall either submit a copy of the citizen's guide or certify that the city, village, township, or county will be utilizing treasury's online citizen's guide. The department shall develop detailed guidance for a city, village, township, or county to follow to meet the requirements of this subsection. The detailed guidance shall be posted on the department 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 117.3115% 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 director by September 30. The report shall include a list by grant recipient of the date each grant was approved, the amount of the grant, and a description of the project or projects that will be paid by the grant.
(3) The unexpended funds appropriated in part 1 for financially distressed cities, villages, or townships are designated as a work project appropriation, and any unencumbered or unallotted funds shall not lapse at the end of the fiscal year and shall be available for expenditure for projects under this section until the projects have been completed. The following is in compliance with section 451a of the management and budget act, 1984 PA 431, MCL 18.1451a:
(a) The purpose of the project is to provide assistance to financially distressed cities, villages, and townships under this section.
(b) The projects will be accomplished by grants to cities, villages, and townships approved by the department.
(c) The total estimated cost of all projects is $2,500,000.00.
(d) The tentative completion date is September 30, 2027.
BUREAU OF STATE LOTTERY
Sec. 20-960. In addition to the funds appropriated in part 1 to the bureau of state lottery, there is appropriated from state lottery fund revenues the amount necessary for, and directly related to, implementing and operating lottery games under the McCauley-Traxler-Law-Bowman-McNeely lottery act, 1972 PA 239, MCL 432.1 to 432.47, and activities under the Traxler-McCauley-Law-Bowman bingo act, 1972 PA 382, MCL 432.101 to 432.120, including expenditures for contractually mandated payments for vendor commissions, contractually mandated payments for instant tickets intended for resale, the contractual costs of providing and maintaining the online system communications network, and incentive and bonus payments to lottery retailers.
Sec. 20-964. For the bureau of state lottery, there is appropriated 1% of the lottery's prior fiscal year's gross sales for promotion and advertising.
MICHIGAN GAMING CONTROL BOARD
Sec. 20-971. (1) 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.
(2) After the board has incurred the costs of regulating and enforcing internet sports betting, $500,000.00 is appropriated and shall be deposited into the compulsive gaming prevention fund as described in section 16(4)(b) of the lawful sports betting act, 2019 PA 149, MCL 432.416. Following these disbursements, $2,000,000.00 is appropriated and shall be deposited in the first responder presumed coverage fund as described in section 16(4)(c) of the lawful sports betting act, 2019 PA 149, MCL 432.416.
(3) An appropriation of $500,000.00 shall be deposited into the compulsive gaming prevention fund as described in section 16(4)(c) of the lawful internet gaming act, 2019 PA 152, MCL 432.316, except as provided in section 15(2) of the lawful internet gaming act, 2019 PA 152, MCL 432.315, and after the board has incurred the costs of regulating and enforcing internet gaming under the act, 2019 PA 152, MCL 432.301 to 432.322, and the costs of administering and enforcing millionaire party activity authorized by the Traxler-McCauley-Law-Bowman bingo act, 1972 PA 382, MCL 432.101 to 432.120. Following these disbursements, $2,000,000.00 is appropriated and shall be deposited into the first responder presumed coverage fund as described in section 16(4)(d) of the lawful internet gaming act, 2019 PA 152, MCL 432.316.
Sec. 20-972. After all other required expenditures described in section 16(3) of the fantasy contests consumer protection act, 2019 PA 157, MCL 432.516; section 16(4) of the lawful internet gaming act, 2019 PA 152, MCL 432.316; and section 16(4) of the lawful sports betting act, 2019 PA 149, MCL 432.416 are made, any monies remaining in the fantasy contest fund, internet gaming fund, and internet sports betting fund are appropriated and shall be deposited into the state school aid fund as described in section 16(3)(b) of the fantasy contests consumer protection act, 2019 PA 157, MCL 432.516; section 16(4)(e) of the lawful internet gaming act, 2019 PA 152, MCL 432.316; and section 16(4)(d) of the lawful sports betting act, 2019 PA 149, MCL 432.416.
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.
Sec. 20-974. If revenues collected in the state services fee fund are less than the amounts appropriated from the fund, available revenues shall be used to fully fund the appropriation in part 1 for casino gaming regulation activities before distributions are made to other state departments and agencies. If the remaining revenue in the fund is insufficient to fully fund appropriations to other state departments or agencies, the shortfall shall be distributed proportionally among those departments and agencies.
Sec. 20-976. The executive director of the Michigan gaming control board may pay rewards of not more than $5,000.00 to a person who provides information that results in the arrest and conviction on a felony or misdemeanor charge for a crime that involves the horse racing industry. A reward paid pursuant to this section shall be paid out of the appropriation in part 1 for the racing commission.
Sec. 20-977. All appropriations from the Michigan agriculture equine industry development fund, except for the racing commission appropriations, shall be reduced proportionately if revenues to the Michigan agriculture equine industry development fund decline during the current fiscal year to a level lower than the amount appropriated in part 1.
Sec. 20-978. The Michigan gaming control board shall use actual expenditure data in determining the actual regulatory costs of conducting racing dates and shall provide that data to the senate and house appropriations subcommittees on agriculture and general government, the state budget director, and the senate and house fiscal agencies. The Michigan gaming control board shall not be reimbursed for more than the actual regulatory cost of conducting race dates. Prior to the reduction in the number of authorized race dates due to budget deficits, the executive director of the Michigan gaming control board shall provide notice to the certified horsemen's organizations with an opportunity to respond with alternatives. In determining actual costs, the Michigan gaming control board shall take into account that each specific breed may require different regulatory mechanisms.
Sec. 20-979. From the funds appropriated in part 1 for millionaire party regulation, the Michigan gaming control board may receive and expend internet gaming fund revenue in an amount not to exceed the amount appropriated in part 1 for necessary expenses incurred in the licensing and regulation of millionaire parties pursuant to Executive Order No. 2012-4. Any unused internet gaming fund revenues are subject to distribution requirements in the lawful internet gaming act, 2019 PA 152, MCL 432.316.
STATE BUILDING AUTHORITY
Sec. 20-1100. (1) Subject to section 242 of the management and budget act, 1984 PA 431, MCL 18.1242, and upon the approval of the state building authority, the department may expend from the general fund of the state during the fiscal year an amount to meet the cash flow requirements of those state building authority projects solely for lease to a state agency identified in both part 1 and this section, and for which state building authority bonds or notes have not been issued, and for the sole acquisition by the state building authority of equipment and furnishings for lease to a state agency as permitted by 1964 PA 183, MCL 830.411 to 830.425, for which the issuance of bonds or notes is authorized by a legislative appropriation act that is effective for the immediately preceding fiscal year. Any general fund advances for which state building authority bonds have not been issued shall bear an interest cost to the state building authority at a rate not to exceed that earned by the state treasurer's common cash fund during the period in which the advances are outstanding and are repaid to the general fund of the state.
(2) Upon sale of bonds or notes for the projects identified in part 1 or for equipment as authorized by a legislative appropriation act and in this section, the state building authority shall credit the general fund of the state an amount equal to that expended from the general fund plus interest, if any, as defined in this section.
(3) For state building authority projects for which bonds or notes have been issued and upon the request of the state building authority, the state treasurer shall make advances without interest from the general fund as necessary to meet cash flow requirements for the projects, which advances shall be reimbursed by the state building authority when the investments earmarked for the financing of the projects mature.
(4) In the event that a project identified in part 1 is terminated after final design is complete, advances made on behalf of the state building authority for the costs of final design shall be repaid to the general fund in a manner recommended by the director.
Sec. 20-1102. (1) State building authority funding to finance construction or renovation of a facility that collects revenue in excess of money required for the operation of that facility shall not be released to a university or community college unless the institution agrees to reimburse that excess revenue to the state building authority. The excess revenue shall be credited to the general fund to offset rent obligations associated with the retirement of bonds issued for that facility. The auditor general shall annually identify and present an audit of those facilities that are subject to this section. Costs associated with the administration of the audit shall be charged against money recovered pursuant to this section.
(2) As used in this section, "revenue" includes state appropriations, facility opening money, other state aid, indirect cost reimbursement, and other revenue generated by the activities of the facility.
Sec. 20-1103. The state building authority shall provide to the JCOS, senate and house fiscal agencies, and state budget director a report relative to the status of construction projects associated with state building authority bonds as of September 30 of each year, on or before October 15, or not more than 30 days after a refinancing or restructuring bond issue is sold. The report shall include, but is not limited to, the following:
(a) A list of all completed construction projects for which state building authority bonds have been sold, and which bonds are currently active.
(b) A list of all projects under construction for which sale of state building authority bonds is pending.
(c) A list of all projects authorized for construction or identified in an appropriations act for which approval of schematic/preliminary plans or total authorized cost is pending that have state building authority bonds identified as a source of financing.
ONE-TIME APPROPRIATIONS
Sec. 20-1200. (1) From the funds appropriated in part 1 for the electric vehicle rebates, the department shall implement a rebate program for Michigan residents who have purchased a new electric vehicle.
(2) The department shall develop an application process for eligible recipients to apply for rebates on qualified purchases. To be a qualified purchase, the purchase of at-home charging equipment does not need to be in conjunction or simultaneous with a purchase of an electric vehicle, and vice versa. To be a qualified purchase, the purchase must occur after October 1, 2022. The department may require any documentation needed to determine the eligibility of an applicant for a rebate issued under this section. The department must issue rebates to eligible recipients in the order in which they are received until the funds appropriated in part 1 are exhausted. Eligible recipients must submit a claim for the rebate within 120 days of making a qualified purchase. Rebates must be issued in accordance with a process to be developed by the department and must be issued within a reasonable time. From the funds appropriated for electric vehicle rebates, $10,000,000.00 shall be used to provide rebates for the purchase of at-home charging equipment.
(3) "Qualified purchase" includes purchases of new electric vehicles and purchases and installation costs of at-home charging equipment.
(4) "Electric vehicle" means an "all-electric vehicle" or a "plug-in hybrid electric vehicle" that has a manufacturer's suggested retail price (MSRP) of $80,000.00 or less and that is not subject to the Federal Trade Commission's Used Motor Vehicle Trade Regulation Rule, 16 CFR Part 445. An "electric vehicle" does not include a vehicle designed and built primarily for off-road use.
(5) An "all-electric vehicle" is a vehicle that runs on electricity, and is propelled by one or more electric motors powered by rechargeable battery packs or powered by one or more cells which convert chemical energy directly into electricity by combining oxygen with hydrogen fuel which is stored on board the vehicle in any form and may or may not require reformation prior to use.
(6) A "plug-in hybrid electric vehicle" is a vehicle with high-capacity batteries that can be charged by plugging them into an electrical outlet or charging station, and is propelled by one or more electric motors and may also be propelled by a gasoline powered internal combustion engine, and may include a gasoline powered engine that is used only to generate power for the electric motor(s).
(7) "At-home charging equipment" means either:
(a) A Level 1 charger, that charges using a 120-volt system, or
(b) A Level 2 charger, that charges using a 208-volt to 240-volt system, and that is installed in or near a residential home, and uses either a J1772, CHAdeMO, or combined charging system connector.
(8) An "eligible recipient" means an individual resident of Michigan who makes a qualified purchase in Michigan after October 1, 2022, or a qualified purchase of an electric vehicle after October 1, 2022 and within 90 days from the purchase transfers the title or registration of the vehicle to Michigan.
(9) Rebates issued under section (2) shall be limited to each eligible recipient at no more than $2,000.00 for each purchase of an electric vehicle and no more than $500.00 for the purchase and installation of at-home charging equipment. An eligible recipient shall be limited to a rebate for the purchase of one electric vehicle and one purchase of at-home charging equipment in a calendar year.
(10) From the funds appropriated in part 1 to the department for electric vehicle rebates, up to 5% of the appropriation may be spent on costs associated with administering electric vehicle rebates.
(11) The unexpended funds appropriated in part 1 for electric vehicle rebates are designated as a work project appropriation. Any unencumbered or unallotted funds shall not lapse at the end of the fiscal year and shall be available for expenditure for 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 work project is to provide a rebate or reimbursement of up to $2,000.00 per eligible electric vehicle and $500.00 for eligible at-home charging equipment.
(b) The projects will be accomplished by utilizing state employees or contracts with service providers, or both.
(c) The total estimated cost of the work project is $50,000,000.00.
(d) The tentative completion date is September 30, 2027.
Sec. 20-1201. (1) From the one-time funds appropriated in part 1 for local community transition support, the department shall establish and administer a grant program with the purpose of aiding local communities in transition due to the departure of large-scale employers, shifts in business that impact economic vitality, and the transition to remote work.
(2) As used in this section, "applicant" means a city, village, township, authority, local economic development organization, including any local economic development corporation created under an interlocal agreement, or a state agency that no longer occupies the qualifying and impacted state-owned facility.
(3) Grants funded under this section may be awarded to applicants that can demonstrate one of the following economic impacts since February 28, 2020: the departure or disinvestment of employers and their workforces from their community, an increase in commercial building vacancies in the community, employment decreases in the community from the transition to remote work or business closures, a drop in commercial property values in the area, reduction in income tax withholding collections, or an increase in income tax refunds from employment shifting to remote work.
(4) Grants may be awarded for specific projects or services that move the applicant toward financial stability and economic recovery. The applicant may apply for grants under this section for, but not limited to, the following types of economic or community development activities:
(a) Programs supporting the rehabilitation or adaptive re-use of vacant buildings or infrastructure necessary to benefit the local economy.
(b) Small business supports for existing and new businesses.
(c) Local community business incubator programs.
(d) Projects that enhance outdoor spaces for business and community activities.
(e) Recruitment and retention efforts lead by the local community, or through partnerships, to attract and sustain business or community entities that benefit the local community and its economic vitality.
(f) Demolition of structures or buildings that no longer serve the community and pose limited redevelopment or long-term investment potential.
(5) The department shall make available on its website program guidelines and selection criteria needed for applicants to apply under this program. No applicant or project shall be awarded more than $5,000,000.00.
(6) From the funds appropriated in part 1 for the local community investment program, up to 3.0% of the appropriation may be spent on costs associated with administering the local community investment program.
(7) The department 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 September 30, 2023, on the status of the program. This report shall include, but is not limited to, the following:
(a) The total number of applicants and the total number of awards.
(b) Name of each award recipient and a summary of the projects funded by the program.
Sec. 20-1202. (1) Funds appropriated in part 1 for retirement income tax reform implementation shall not be expended unless an amendment to section 30 of the income tax act, 1967 PA 281, MCL 206.30, is enacted into law to exempt public pensions and restore deductions for private retirement income, including private-sector pensions, withdrawals from individual retirement accounts (IRAs), and the portion of a 401k account that is subject to an employer match. Funds shall only be used for implementation of those retirement tax changes.
(2) The unexpended funds appropriated in part 1 for retirement income tax reform implementation are designated as work project appropriations. Any unencumbered or unallotted funds shall not lapse at the end of the fiscal year and shall be available for expenditure for projects under this section until the projects have been completed. The following is in compliance with section 451a of the management and budget act, 1984 PA 431, MCL 18.1451a:
(a) The purpose of the project is to implement tax changes to exempt public pensions and restore deductions for private retirement income.
(b) The projects will be accomplished by utilizing state employees or contracts with service providers, or both.
(c) The total estimated cost of the work project is $1,200,000.00.
(d) The tentative completion date is September 30, 2027.
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, 2023:
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 2023 is estimated at $42,045,884,600.00 in the 2023 appropriations acts and total state spending from state sources paid to local units of government for fiscal year 2023 is estimated at $23,142,731,900.00. The state-local proportion is estimated at 55.0% of total state spending from state resources.
(2) If payments to local units of government and state spending from state sources for fiscal year 2023 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 2023 to the senate and house of representatives standing committees on appropriations within 30 days after the final book-closing for fiscal year 2023.
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:
2021 2022 2023
Michigan personal income (millions)........... $558,411 $560,644 $587,555
less: transfer payments....................... 148,112 123,085 125,049
Subtotal..................................... $410,299 $437,559 $462,507
Divided by: Detroit Consumer Price Index...... 2.478 2.593 2.657
Equals: real adjusted Michigan personal
income..................................... $165,573 $168,761 $174,082
Percentage change................................. N/A 1.9% 3.2%
Growth rate in excess of 2%?...................... N/A 0.0% 1.2%
Equals: calculated transfer to countercyclical
budget and economic stabilization fund for the
fiscal year ending September 30, 2023 (millions) N/A $0.0
Growth rate less than 0%?......................... N/A NO
Appropriation from countercyclical budget and
economic stabilization fund allowed for the
fiscal year ending September 30, 2023?......... N/A NO
(2) Notwithstanding subsection (1), there is appropriated for the fiscal year ending September 30, 2023, from general fund/general purpose revenue for deposit into the countercyclical budget and economic stabilization fund the sum of $0.00.
REVENUE STATEMENT
Sec. 21-301. Pursuant to section 18 of article V of the state constitution of 1963, fund balances and estimates are presented in the following statement:
BUDGET RECOMMENDATIONS BY OPERATING FUNDS
(Amounts in millions)
Fiscal Year 2023
Estimated
Beginning Estimated Ending
Balance Revenue Balance
OPERATING FUNDS
General fund/general purpose 2,493.3 11,970.4 1.9
School aid fund 535.8 18,788.0 49.4
Federal aid 0.0 26,482.6 0.0
Transportation funds 0.0 7,726.2 0.0
Special revenue funds 2,294.5 7,079.3 2,233.4
Other funds 1,457.2 33.0 1,490.2
TOTALS $6,780.8 $72,079.5 $3,774.9
