Substitute For

HOUSE BILL NO. 4410

A bill to make, supplement, adjust, and consolidate appropriations for various state departments and agencies, the judicial branch, and the legislative branch for the fiscal years ending September 30, 2021 and September 30, 2022; to provide for certain conditions on appropriations; and to provide for the expenditure of the appropriations.

the people of the state of michigan enact:


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ARTICLE 1

DEPARTMENT OF AGRICULTURE AND RURAL DEVELOPMENT

part 1

line-item appropriations

Sec. 101. There is appropriated for the department of agriculture and rural development for the fiscal year ending September 30, 2022, from the following funds:


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DEPARTMENT OF AGRICULTURE AND RURAL DEVELOPMENT

 

 

 

APPROPRIATION SUMMARY

 

 

 

Full-time equated unclassified positions

6.0

 

 

Full-time equated classified positions

519.0

 

 

GROSS APPROPRIATION

 

$

119,330,300

Total interdepartmental grants and intradepartmental transfers

 

 

320,000

ADJUSTED GROSS APPROPRIATIONS

 

$

119,010,300

Federal revenues:

 

 

 

Total federal revenues

 

 

13,599,800

Special revenue funds:

 

 

 

Total local revenues

 

 

0

Total private revenues

 

 

71,300

Total other state restricted revenues

 

 

44,202,300

State general fund/general purpose

 

$

61,136,900

Sec. 102. DEPARTMENTAL ADMINISTRATION AND SUPPORT

 

 

 

Full-time equated unclassified positions

6.0

 

 

Full-time equated classified positions

27.0

 

 

Unclassified salaries--FTE positions

6.0

$

617,900

Accounting service center

 

 

1,029,200

Commissions and boards

 

 

23,800

Emergency management--FTEs

4.0

 

1,320,700

Executive direction--FTEs

23.0

 

3,222,200

Property management

 

 

735,700

GROSS APPROPRIATION

 

$

6,949,500

Appropriated from:

 

 

 

Federal revenues:

 

 

 


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HHS, multiple grants

 

 

447,400

Special revenue funds:

 

 

 

Agriculture licensing and inspection fees

 

 

44,400

Dairy and food safety fund

 

 

100,300

Feed control fund

 

 

8,100

Fertilizer control fund

 

 

10,000

Freshwater protection fund

 

 

61,000

Gasoline inspection and testing fund

 

 

25,000

Industry support funds

 

 

55,600

Michigan craft beverage council fund

 

 

8,800

Private forestland enhancement fund

 

 

15,600

Refined petroleum fund

 

 

20,000

Weights and measures regulation fees

 

 

5,000

State general fund/general purpose

 

$

6,148,300

Sec. 103. INFORMATION AND TECHNOLOGY

 

 

 

Information technology services and projects

 

$

2,312,800

GROSS APPROPRIATION

 

$

2,312,800

Appropriated from:

 

 

 

Special revenue funds:

 

 

 

Agriculture licensing and inspection fees

 

 

91,400

Dairy and food safety fund

 

 

74,800

Feed control fund

 

 

15,000

Fertilizer control fund

 

 

15,000

Freshwater protection fund

 

 

15,000

Gasoline inspection and testing fund

 

 

32,400

State general fund/general purpose

 

$

2,069,200

Sec. 104. FOOD AND DAIRY

 

 

 

Full-time equated classified positions

139.0

 

 


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Food safety and quality assurance--FTEs

103.0

$

18,203,300

Milk safety and quality assurance--FTEs

36.0

 

5,752,100

GROSS APPROPRIATION

 

$

23,955,400

Appropriated from:

 

 

 

Federal revenues:

 

 

 

HHS, multiple grants

 

 

2,741,600

USDA, multiple grants

 

 

137,100

Special revenue funds:

 

 

 

Consumer and industry food safety education fund

 

 

242,500

Dairy and food safety fund

 

 

5,461,600

Industry food safety education fund

 

 

114,100

Marihuana regulatory fund

 

 

350,000

Marihuana regulation fund

 

 

350,000

State general fund/general purpose

 

$

14,558,500

Sec. 105. ANIMAL INDUSTRY

 

 

 

Full-time equated classified positions

62.0

 

 

Animal disease prevention and response--FTEs

62.0

$

9,623,100

Indemnification - livestock depredation

 

 

15,000

Alliance for animal agriculture

 

 

3,000,000

GROSS APPROPRIATION

 

$

12,638,100

Appropriated from:

 

 

 

Federal revenues:

 

 

 

HHS, multiple grants

 

 

15,100

USDA, multiple grants

 

 

567,400

Special revenue funds:

 

 

 

Agriculture licensing and inspection fees

 

 

71,800

Animal welfare fund

 

 

150,000


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State general fund/general purpose

 

$

11,833,800

Sec. 106. PESTICIDE AND PLANT PEST MANAGEMENT

 

 

 

Full-time equated classified positions

95.0

 

 

Animal feed safety--FTEs

10.0

$

2,089,200

Pesticide and plant pest management--FTEs

85.0

 

14,172,100

GROSS APPROPRIATION

 

$

16,261,300

Appropriated from:

 

 

 

Federal revenues:

 

 

 

EPA, multiple grants

 

 

564,200

HHS, multiple grants

 

 

389,900

USDA, multiple grants

 

 

716,900

Special revenue funds:

 

 

 

Private - slow-the-spread foundation

 

 

21,300

Agriculture licensing and inspection fees

 

 

4,498,800

Commodity inspection fees

 

 

671,400

Feed control fund

 

 

1,387,500

Fertilizer control fund

 

 

1,336,700

Freshwater protection fund

 

 

157,500

Horticulture fund

 

 

70,000

Industrial hemp licensing and registration fund

 

 

670,600

Industry support funds

 

 

228,100

State general fund/general purpose

 

$

5,548,400

Sec. 107. ENVIRONMENTAL STEWARDSHIP

 

 

 

Full-time equated classified positions

65.5

 

 

Agricultural preservation easement grants

 

$

1,900,000

Environmental stewardship - MAEAP--FTEs

25.0

 

11,682,200

Farmland and open space preservation--FTEs

10.0

 

1,575,000

Intercounty drain--FTEs

6.0

 

842,000


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Local Conservation districts

 

 

2,000,000

Migrant labor housing--FTEs

9.0

 

1,324,000

Qualified forest program--FTEs

9.0

 

2,651,700

Right-to-farm--FTEs

6.5

 

999,100

GROSS APPROPRIATION

 

$

22,974,000

Appropriated from:

 

 

 

Interdepartmental grant revenues:

 

 

 

IDG from MDEGLE, biosolids

 

 

93,100

Federal revenues:

 

 

 

Department of interior

 

 

96,300

EPA, multiple grants

 

 

562,100

USDA, multiple grants

 

 

1,322,300

Special revenue funds:

 

 

 

Agricultural preservation fund

 

 

3,475,000

Freshwater protection fund

 

 

8,296,900

Migratory labor housing fund

 

 

140,100

Private forestland enhancement fund

 

 

1,080,100

State general fund/general purpose

 

$

7,908,100

Sec. 108. LABORATORY PROGRAM

 

 

 

Full-time equated classified positions

108.5

 

 

Central licensing and customer call center--FTEs

12.5

$

1,439,500

Consumer protection program--FTEs

42.0

 

6,934,600

Laboratory services--FTEs

43.0

 

8,220,900

USDA monitoring--FTEs

11.0

 

1,677,500

GROSS APPROPRIATION

 

$

18,272,500

Appropriated from:

 

 

 

Interdepartmental grant revenues:

 

 

 


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IDG from LARA (LCC), liquor quality testing fees

 

 

226,900

Federal revenues:

 

 

 

EPA, multiple grants

 

 

180,600

HHS, multiple grants

 

 

1,549,900

USDA, multiple grants

 

 

1,678,700

Special revenue funds:

 

 

 

Agriculture licensing and inspection fees

 

 

346,400

Dairy and food safety fund

 

 

514,300

Feed control fund

 

 

190,900

Fertilizer control fund

 

 

24,600

Freshwater protection fund

 

 

47,000

Gasoline inspection and testing fund

 

 

1,412,400

Grain dealers fee fund

 

 

7,900

Industrial hemp licensing and registration fund

 

 

318,700

Migratory labor housing fund

 

 

29,300

Refined petroleum fund

 

 

3,379,800

Testing fees

 

 

353,200

Weights and measures regulation fees

 

 

737,700

State general fund/general purpose

 

$

7,274,200

Sec. 109. AGRICULTURE DEVELOPMENT

 

 

 

Full-time equated classified positions

22.0

 

 

Agriculture development--FTEs

13.0

$

4,760,900

Fair food network - double up food bucks

 

 

900,000

Food and agriculture investment program

 

 

2,470,600

Michigan craft beverage council--FTEs

3.0

 

920,900

Producer security/grain dealers--FTEs

5.0

 

740,300

Rural development fund grant program--FTE

1.0

 

2,004,800


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GROSS APPROPRIATION

 

$

11,797,500

Appropriated from:

 

 

 

Federal revenues:

 

 

 

USDA, multiple grants

 

 

2,630,300

Special revenue funds:

 

 

 

Private - commodity group revenue

 

 

50,000

Agriculture licensing and inspection fees

 

 

5,100

Grain dealers fee fund

 

 

696,400

Industry support funds

 

 

223,600

Michigan craft beverage council fund

 

 

890,900

Rural development fund

 

 

2,004,800

State general fund/general purpose

 

$

5,296,400

Sec. 110. FAIRS AND EXPOSITIONS

 

 

 

County fairs, shows, and expositions

 

$

500,000

Fairs and racing

 

 

258,600

Licensed tracks - light horse racing

 

 

40,300

Light horse racing - breeders' awards

 

 

20,000

Purses and supplements - fairs/licensed tracks

 

 

708,300

Standardbred breeders' awards

 

 

345,900

Standardbred purses and supplements - licensed tracks

 

 

671,800

Standardbred sire stakes

 

 

275,000

Thoroughbred breeders' awards

 

 

368,600

Thoroughbred sire stakes

 

 

378,800

Thoroughbred supplements - licensed tracks

 

 

601,900

GROSS APPROPRIATION

 

$

4,169,200

Appropriated from:

 

 

 

Special revenue funds:

 

 

 


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Agriculture equine industry development fund

 

 

3,669,200

State general fund/general purpose

 

$

500,000

 

PART 2

PROVISIONS CONCERNING APPROPRIATIONS

FOR FISCAL YEAR 2021-2022

Sec. 201. Pursuant to section 30 of article IX of the state constitution of 1963, total state spending from state sources under part 1 for fiscal year 2021-2022 is $105,339,200.00 and state spending from state sources to be paid to local units of government for fiscal year 2021-2022 is $2,120,000.00. The itemized statement below identifies appropriations from which spending to local units of government will occur:

DEPARTMENT OF AGRICULTURE AND RURAL DEVELOPMENT

 

 

 

Agriculture preservation easement grants

 

$

1,900,000

Environmental stewardship/MAEAP

 

 

4,100,000

Qualified forest program

 

 

1,400,000

Rural development fund grant program

 

 

1,400,000

TOTAL

 

$

8,800,000

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

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

(a) "Department" means the department of agriculture and rural development.

(b) "Director" means the director of the department.

(c) "Fiscal agencies" means the Michigan house fiscal agency and the Michigan senate fiscal agency.

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


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(e) "IDG" means interdepartmental grant.

(f) "MAEAP" means the Michigan agriculture environmental assurance program.

(g) "MDEGLE" means the Michigan department of environment, Great Lakes, and energy.

(h) "MOU" means memoranda of understanding.

(i) "Subcommittees" means all members of the subcommittees of the house and senate appropriations committees with jurisdiction over the budget for the department.

(j) "TB" means tuberculosis.

(k) "USDA" means the United States Department of Agriculture.

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

(2) In fulfilling the reporting requirements of this part, the department shall notify report recipients when reports are posted to the department website.

Sec. 205. Funds appropriated in part 1 shall not be used for the purchase of foreign goods or services, or both, if competitively priced and of comparable quality American goods or services, or both, are available. Preference shall be given to goods or services, or both, manufactured or provided by Michigan businesses, if they are competitively priced and of comparable quality. In addition, preference shall be given to goods or services, or both, that are manufactured or provided by Michigan businesses owned and operated by veterans, if they are


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competitively priced and of comparable quality.

Sec. 206. The director shall take all reasonable steps to ensure businesses in deprived and depressed communities compete for and perform contracts to provide services or supplies, or both. Each director shall strongly encourage firms with which the department contracts to subcontract with certified businesses in depressed and deprived communities for services or supplies, or both.

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

(a) The dates of each travel occurrence.

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

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


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the attorney general authorizes.

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

Sec. 210. (1) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $3,000,000.00 for federal contingency authorization. These funds are not available for expenditure until they have been transferred to another line item in part 1 under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.

(2) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $2,000,000.00 for state restricted contingency authorization. These funds are not available for expenditure until they have been transferred to another line item in part 1 under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.

(3) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $100,000.00 for local contingency authorization. These funds are not available for expenditure until they have been transferred to another line item in part 1 under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.

(4) In addition to the funds appropriated in part 1, there is


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appropriated an amount not to exceed $100,000.00 for private contingency authorization. These funds are not available for expenditure until they have been transferred to another line item in part 1 under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.

Sec. 211. The department shall cooperate with the department of technology, management, and budget to maintain a searchable website accessible by the public at no cost that includes, but is not limited to, all of the following for each department or agency:

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

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

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

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

(e) Job specifications and wage rates.

Sec. 212. Within 14 days after the release of the executive budget recommendation, the department shall cooperate with the state budget office to provide the senate and house appropriations chairs, the subcommittees, respectively, and the senate and house fiscal agencies with an annual report on estimated state restricted fund balances, state restricted fund projected revenues, and state restricted fund expenditures for the fiscal years ending September 30, 2021 and September 30, 2022.

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


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Sec. 214. Total authorized appropriations from all sources under part 1 for legacy costs for the fiscal year ending September 30, 2022 is $11,812,300.00. From this amount, total agency appropriations for pension-related legacy costs are estimated at $6,617,900.00. Total agency appropriations for retiree health care legacy costs are estimated at $5,194,400.00.

Sec. 215. The department shall not take disciplinary action against an employee of the department or departmental agency in the state classified civil service because the employee communicates with a member of the senate or house or a member's staff, unless the communication is prohibited by law and the department or agency taking disciplinary action is exercising its authority as provided by law.

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

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

(b) A comparison by line item of the number of FTEs authorized from funds appropriated in part 1 to the actual number of FTEs employed by the department at the end of the reporting period.

(2) By March 1 of the current fiscal year, the department shall report to the senate and house appropriations committees, the senate and house appropriations subcommittees on the department budget, and the senate and house fiscal agencies the following information:

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


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2021.

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

(c) Estimated net cost savings achieved by remote work.

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

Sec. 217. Appropriations in part 1 shall, to the extent possible by the department, not be expended until all existing work project authorization available for the same purposes is exhausted.

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

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

Sec. 220. The department shall report no later than April 1 on each specific policy change made to implement a public act affecting the department that took effect during the prior calendar year to the senate and house appropriations committees, the senate and house subcommittees on agriculture and rural development, the joint committee on administrative rules, and the senate and house fiscal agencies.


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Sec. 221. (1) From the funds appropriated in part 1, the department shall do all of the following:

(a) Report to the house and senate appropriations committees, the house and senate fiscal agencies, the house and senate policy offices, and the state budget office any amount of severance pay for a department director, deputy director, or other high-ranking department official not later than 14 days after a severance agreement with the director or official is signed. The name of the director or official and the amount of severance pay must be included in the report required by this subdivision.

(b) Maintain an internet site that posts any severance pay in excess of 6 weeks of wages, regardless of the position held by the former department employee receiving severance pay.

(c) By February 1, 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 total amount of severance pay remitted to former department employees during the fiscal year ending September 30, 2021 and the total number of former department employees that were remitted severance pay during the fiscal year ending September 30, 2021.

(2) As used in this section, "severance pay" means compensation that is both payable or paid upon the termination of employment and in addition to either wages or benefits earned during the course of employment or generally applicable retirement benefits.

Sec. 222. Any department, agency, board, commission, subdivision, or other executive branch entity or official of this state that receives funding under part 1 shall not do the


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following:

(a) Require as a condition of accessing any state services or facilities that an individual provide proof he or she has received a COVID-19 vaccine.

(b) Produce, develop, and issue a COVID-19 vaccine passport for the purpose of certifying that an individual has received a COVID-19 vaccine.

(c) Provide information of an individual's COVID-19 vaccine status to any person, company, or governmental entity for inclusion in a COVID-19 vaccine passport.

 

DEPARTMENTAL ADMINISTRATION AND SUPPORT

Sec. 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


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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. 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


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Sec. 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. 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 MOU 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. 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


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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. 454. The department shall use its resources to collaborate with the USDA to monitor bovine TB, consistent with the current MOU between the department and the USDA.

Sec. 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. 458. From the funds appropriated in part 1 for Michigan animal agriculture alliance, the department shall work with animal


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industry representatives and state research universities to establish an animal research grant program.

 

PESTICIDE AND PLANT PEST MANAGEMENT

Sec. 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. 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. 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. 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.


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Sec. 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. 609. The appropriations in part 1 for local conservation districts shall be distributed in equal amounts to local conservation districts in the state that were in operation as of April 15, 2021.

Sec. 610. From the funds appropriated in part 1, the department shall coordinate with the department of treasury to improve the timely processing and issuance of tax credits 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 324.3116 and 324.36201 to 324.36207. This includes, but is not limited to:

(a) Timely review of mailed applications and paperwork.

(b) Timely and proactive communications to applicants on the status of their application.

(c) A clear and understood timeline for the issuance of any tax credits.

 

LABORATORY PROGRAM

Sec. 651. The department shall report on the previous calendar


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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. 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


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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(1) of the management and budget act, 1984 PA 431, MCL 18.1451a:

(a) The purpose of the project is to promote and expand the Michigan food and agriculture sector, grow Michigan exports, and increase food processing activities within the state.

(b) The project will be funded in accordance with this section and the project guidelines approved by the Michigan commission of agriculture and rural development prior to an award.

(c) The estimated cost of this project is identified in the appropriation line item.

(d) The tentative completion date for the work project is September 30, 2024.


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(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. 702. The department shall work with the rural development fund board to establish a process and criteria for funding projects as well as establishing metrics and measurable outcomes for the program. Funds appropriated from the rural development fund shall be used in accordance with the provisions of the rural development fund act, 2012 PA 411, MCL 286.941 to 286.947.

Sec. 703. (1) The department shall work with the department of health and human services 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


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recipient can receive an additional $20.00 to buy Michigan produce.

(2) The department shall work with the fair food network to expand access to the double up food bucks program in each of the state's counties with grocery stores or farmer's markets that meet the program's eligibility requirements.

(3) On or before March 1, 2022, the department shall submit a report on activities and outcomes of the double up food bucks program to the subcommittees and the fiscal agencies. The report shall contain all of the following:

(a) Counties in this state with participating double up food bucks vendors, the number of vendors by county, and the name and location of vendors, as of May 1, 2020.

(b) Counties in this state with participating double up food bucks vendors, the number of vendors by county, and the name of location of vendors, as of September 20, 2021. The report shall highlight counties and vendors added to the program since May 1, 2020.

(c) Number of individuals participating in the program, by county.

(d) A breakdown of program participation by county and by day of week.

(4) The report required under subsection (3) shall also include a discussion of program evaluation criteria, as well as recommendation of a reporting metric for tracking health outcomes of program participants.

Sec. 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


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department's website on or before April 1 of each year.

(2) The report shall include the following information on any grants awarded during the prior fiscal year:

(a) The name of the grantee.

(b) The amount of the grant.

(c) The purpose of the grant, including measurable outcomes.

(d) Additional state, federal, private, or local funds contributed to the grant project.

(e) The completion date of grant-funded activities.

(3) The report shall include the following information on the Michigan craft beverage council established under section 303 of the Michigan liquor control code of 1998, 1998 PA 58, MCL 436.1303:

(a) Council activities and accomplishments for the previous fiscal year.

(b) Council expenditures for the previous fiscal year by category of administration, industry support, research and education grants, and promotion and consumer education.

(c) Grants awarded during the previous fiscal year and the results of research grant projects completed during the previous fiscal year.

 

FAIRS and EXPOSITIONS

Sec. 801. All appropriations from the agriculture equine industry development fund shall be spent on equine-related purposes. No funds from the agriculture equine industry development fund shall be expended for nonequine-related purposes without prior approval of the legislature.

Sec. 802. From the funds appropriated in part 1 from agriculture equine industry development funds, available revenue


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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, 2021, 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. 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 this state.

(b) Provide financial support, promotion, prizes, and premiums of equine, livestock, and other agricultural commodity expositions in this 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,


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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 grants for administering the program.

(7) The unexpended portion of the county fairs, shows, and expositions grants is considered a work project appropriation in accordance with section 451a of the management and budget act, 1984 PA 431, MCL 18.1451a. The following apply to the project:

(a) The purpose of the project is to support building improvements or other capital improvements at county fairgrounds of this state.

(b) All grants will be distributed in accordance with this section and the grant guidelines published prior to the request for proposals.

(c) The estimated cost of the project is identified in the appropriation line item.

(d) The tentative completion date for the work project is September 30, 2024.


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(8) The department shall provide a year-end report on the county fairs, shows, and expositions grants no later than December 1, 2022 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.

 

ARTICLE 2

DEPARTMENT OF CORRECTIONS

PART 1

LINE-ITEM APPROPRIATIONS

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

DEPARTMENT OF CORRECTIONS

 

 

 

APPROPRIATION SUMMARY

 

 

 

Full-time equated unclassified positions

16.0

 

 

Full-time equated classified positions

13,484.4

 

 

GROSS APPROPRIATION

 

$

2,063,013,600

Interdepartmental grant revenues:

 

 

 

Total interdepartmental grants and intradepartmental transfers

 

 

0

ADJUSTED GROSS APPROPRIATION

 

$

2,063,013,600

Federal revenues:

 

 

 

Total federal revenues

 

 

5,364,100

Special revenue funds:

 

 

 

Total local revenues

 

 

9,646,100

Total private revenues

 

 

0

Total other state restricted revenues

 

 

45,493,400


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State general fund/general purpose

 

$

2,002,510,000

Sec. 102. DEPARTMENTAL ADMINISTRATION AND SUPPORT

 

 

 

Full-time equated unclassified positions

16.0

 

 

Full-time equated classified positions

335.0

 

 

Unclassified salaries--FTEs

16.0

$

2,030,400

Administrative hearings officers

 

 

3,187,000

Budget and operations administration--FTEs

247.0

 

35,100,400

Compensatory buyout and union leave bank

 

 

100

County jail reimbursement program

 

 

14,814,600

Employee wellness programming--FTEs

6.0

 

1,190,600

Equipment and special maintenance

 

 

1,559,700

Executive direction--FTEs

21.0

 

4,477,000

Judicial data warehouse user fees

 

 

50,600

New custody staff training

 

 

21,166,100

Prison industries operations--FTEs

61.0

 

10,100,600

Property management

 

 

2,455,100

Prosecutorial and detainer expenses

 

 

4,801,000

Sheriffs' coordinating and training office

 

 

100,000

Worker's compensation

 

 

10,733,300

GROSS APPROPRIATION

 

$

111,766,500

Appropriated from:

 

 

 

Federal revenues:

 

 

 

DOJ, prison rape elimination act grant

 

 

674,700

Special revenue funds:

 

 

 

Correctional industries revolving fund

 

 

10,100,600

Correctional industries revolving fund 110

 

 

721,600

Jail reimbursement program fund

 

 

5,900,000


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Local corrections officer training fund

 

 

100,000

Program and special equipment fund

 

 

100

State general fund/general purpose

 

$

94,269,500

Sec. 103. OFFENDER SUCCESS ADMINISTRATION

 

 

 

Full-time equated classified positions

340.9

 

 

Community corrections comprehensive plans and services

 

$

13,198,100

Education/skilled trades/career readiness programs--FTEs

263.9

 

38,528,300

Enhanced food technology program--FTEs

12.0

 

1,750,000

Goodwill flip the script

 

 

1,250,000

Offender success community partners

 

 

14,500,000

Offender success federal grants

 

 

751,000

Offender success programming

 

 

16,772,800

Offender success services--FTEs

65.0

 

17,831,100

Public safety initiative

 

 

4,000,000

Residential probation diversions

 

 

16,575,500

GROSS APPROPRIATION

 

$

125,156,800

Appropriated from:

 

 

 

Federal revenues:

 

 

 

DOJ, prisoner reintegration

 

 

751,000

Federal education funding

 

 

1,575,200

Special revenue funds:

 

 

 

Program and special equipment fund

 

 

14,326,000

State general fund/general purpose

 

$

108,504,600

Sec. 104. FIELD OPERATIONS ADMINISTRATION

 

 

 

Full-time equated classified positions

1,880.5

 

 

Criminal justice reinvestment

 

$

3,748,400


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Field operations--FTEs

1,849.5

 

221,739,400

Parole board operations--FTEs

31.0

 

3,867,400

Parole/probation services

 

 

940,000

Residential alternative to prison program

 

 

1,500,000

GROSS APPROPRIATION

 

$

231,795,200

Appropriated from:

 

 

 

Special revenue funds:

 

 

 

Local - community tether program reimbursement

 

 

275,000

Reentry center offender reimbursements

 

 

10,000

Supervision fees

 

 

6,630,500

Supervision fees set-aside

 

 

940,000

State general fund/general purpose

 

$

223,939,700

Sec. 105. CORRECTIONAL FACILITIES ADMINISTRATION

 

 

 

Full-time equated classified positions

660.0

 

 

Central records--FTEs

43.0

$

4,792,300

Correctional facilities administration--FTEs

37.0

 

6,596,400

Housing inmates in federal institutions

 

 

511,000

Inmate housing fund

 

 

100

Inmate legal services

 

 

290,900

Leased beds and alternatives to leased beds

 

 

100

Prison food service--FTEs

336.0

 

72,833,200

Prison store operations--FTEs

33.0

 

3,392,300

Public works program

 

 

1,000,000

Transportation--FTEs

211.0

 

30,850,400

GROSS APPROPRIATION

 

$

120,266,700

Appropriated from:

 

 

 

Federal revenues:

 

 

 


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DOJ-BOP, federal prisoner reimbursement

 

 

411,000

SSA-SSI, incentive payment

 

 

272,000

Special revenue funds:

 

 

 

Correctional industries revolving fund 110

 

 

663,400

Public works user fees

 

 

1,000,000

Resident stores

 

 

3,392,300

State general fund/general purpose

 

$

114,528,000

Sec. 106. HEALTH CARE

 

 

 

Full-time equated classified positions

1,469.3

 

 

Clinical complexes--FTEs

1,033.3

$

148,457,900

Health care administration--FTEs

17.0

 

3,459,500

Healthy Michigan plan administration--FTEs

12.0

 

993,200

Hepatitis C treatment

 

 

8,810,700

Interdepartmental grant to health and human services, eligibility specialists

 

 

120,200

Mental health and substance abuse treatment services--FTEs

407.0

 

52,167,800

Prisoner health care services

 

 

94,793,600

Vaccination program

 

 

691,200

GROSS APPROPRIATION

 

$

309,494,100

Appropriated from:

 

 

 

Federal revenues:

 

 

 

DOJ, Office of Justice Programs, RSAT

 

 

250,200

Federal revenues and reimbursements

 

 

395,200

Special revenue funds:

 

 

 

Prisoner health care co-payments

 

 

257,200

State general fund/general purpose

 

$

308,591,500

Sec. 107. CORRECTIONAL FACILITIES

 

 

 


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28

Full-time equated classified positions

8,798.7

 

 

Alger Correctional Facility - Munising--FTEs

259.0

$

32,062,300

Baraga Correctional Facility - Baraga--FTEs

295.8

 

38,174,700

Bellamy Creek Correctional Facility - Ionia--FTEs

392.2

 

46,870,400

Carson City Correctional Facility - Carson City--FTEs

421.4

 

51,347,100

Central Michigan Correctional Facility - St. Louis--FTEs

386.6

 

48,651,500

Charles E. Egeler Correctional Facility - Jackson--FTEs

386.6

 

48,082,700

Chippewa Correctional Facility - Kincheloe--FTEs

443.6

 

54,172,600

Cooper Street Correctional Facility - Jackson--FTEs

254.6

 

31,028,600

Detroit Detention Center--FTEs

69.1

 

9,371,100

Earnest C. Brooks Correctional Facility - Muskegon--FTEs

248.2

 

31,973,300

G. Robert Cotton Correctional Facility - Jackson--FTEs

395.0

 

47,720,200

Gus Harrison Correctional Facility - Adrian--FTEs

443.6

 

52,960,900

Ionia Correctional Facility - Ionia--FTEs

288.3

 

36,284,700

Kinross Correctional Facility - Kincheloe--FTEs

258.6

 

34,558,400

Lakeland Correctional Facility - Coldwater--FTEs

275.4

 

34,910,900

Macomb Correctional Facility - New Haven--FTEs

313.3

 

38,667,900

Marquette Branch Prison - Marquette--FTEs

319.7

 

40,008,400


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Michigan Reformatory - Ionia--FTEs

319.8

 

37,583,000

Muskegon Correctional Facility - Muskegon--FTEs

208.0

 

27,868,000

Newberry Correctional Facility - Newberry--FTEs

199.1

 

25,831,000

Oaks Correctional Facility - Eastlake--FTEs

289.4

 

36,901,200

Parnall Correctional Facility - Jackson--FTEs

266.1

 

30,865,900

Richard A. Handlon Correctional Facility - Ionia--FTEs

255.7

 

32,651,500

Saginaw Correctional Facility - Freeland--FTEs

276.9

 

35,235,000

Special Alternative Incarceration Program - Jackson--FTEs

33.5

 

5,905,800

St. Louis Correctional Facility - St. Louis--FTEs

306.6

 

39,979,700

Thumb Correctional Facility - Lapeer--FTEs

283.6

 

35,580,100

Womens Huron Valley Correctional Complex - Ypsilanti--FTEs

505.1

 

63,075,100

Woodland Correctional Facility - Whitmore Lake--FTEs

296.9

 

36,473,900

Northern region administration and support--FTEs

43.0

 

4,495,800

Southern region administration and support--FTEs

64.0

 

19,160,400

GROSS APPROPRIATION

 

$

1,108,452,100

Appropriated from:

 

 

 

Federal revenues:

 

 

 

DOJ, state criminal assistance program

 

 

1,034,800

Special revenue funds:

 

 

 

Local revenues

 

 

9,371,100


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State restricted fees, revenues, and reimbursements

 

 

102,100

State general fund/general purpose

 

$

1,097,944,100

Sec. 108. INFORMATION TECHNOLOGY

 

 

 

Information technology services and projects

 

$

31,082,200

GROSS APPROPRIATION

 

$

31,082,200

Appropriated from:

 

 

 

Special revenue funds:

 

 

 

Correctional industries revolving fund 110

 

 

182,000

Program and special equipment fund

 

 

452,800

Supervision fees set-aside

 

 

714,800

State general fund/general purpose

 

$

29,732,600

Sec. 109. ONE-TIME APPROPRIATIONS

 

 

 

John Does v MDOC settlement agreement

 

$

25,000,000

GROSS APPROPRIATION

 

$

25,000,000

Appropriated from:

 

 

 

State general fund/general purpose

 

$

25,000,000

 

part 2

provisions concerning appropriations

for fiscal year 2021-2022

general sections

Sec. 201. Pursuant to section 30 of article IX of the state constitution of 1963, total state spending from state sources under part 1 for fiscal year 2021-2022 is $2,048,003,400.00 and state spending from state sources to be paid to local units of government for fiscal year 2021-2022 is $122,895,500.00. The itemized statement below identifies appropriations from which spending to local units of government will occur:


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DEPARTMENT OF CORRECTIONS

 

 

 

Community corrections comprehensive plans and services

 

$

13,198,100

County jail reimbursement program

 

 

14,814,600

Field Operations

 

 

68,006,200

Leased beds and alternatives to leased beds

 

 

100

Prosecutorial and detainer expenses

 

 

4,801,000

Public safety initiative

 

 

4,000,000

Residential alternative to prison program

 

 

1,500,000

Residential probation diversions

 

 

16,575,500

TOTAL

 

$

122,895,500

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

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

(a) "Administrative segregation" means confinement for maintenance of order or discipline to a cell or room apart from accommodations provided for inmates who are participating in programs of the facility.

(b) "Department" or "MDOC" means the Michigan department of corrections.

(c) "DOJ" means the United States Department of Justice.

(d) "DOJ-BOP" means the DOJ Bureau of Prisons.

(e) "Evidence-based" means a decision-making process that integrates the best available research, clinician expertise, and client characteristics.

(f) "Federally-qualified health center" means that term as defined in section 1396d(l)(2)(B) of the social security act, 42 USC 1396d.


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

(h) "Goal" means the intended or projected result of a comprehensive corrections plan or community corrections program to reduce repeat offending, criminogenic and high-risk behaviors, prison commitment rates, the length of stay in a jail, or to improve the utilization of a jail.

(i) "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.

(j) "MDHHS" means the Michigan department of health and human services.

(k) "Objective risk and needs assessment" means an evaluation of an offender's criminal history; the offender's noncriminal history; and any other factors relevant to the risk the offender would present to the public safety, including, but not limited to, having demonstrated a pattern of violent behavior, and a criminal record that indicates a pattern of violent offenses.

(l) "OCC" means the office of community corrections.

(m) "Offender success" means that an offender has, with the support of the community, intervention of the field agent, and benefit of any participation in programs and treatment, made an adjustment while at liberty in the community such that he or she has not been sentenced to or returned to prison for the conviction of a new crime or the revocation of probation or parole.

(n) "Recidivism" means that term as defined in section 1 of 2017 PA 5, MCL 798.31.

(o) "RSAT" means residential substance abuse treatment.

(p) "Serious emotional disturbance" means that term as defined in section 100d(2) of the mental health code, 1974 PA 258, MCL


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330.1100d.

(q) "Serious mental illness" means that term as defined in section 100d(3) of the mental health code, 1974 PA 258, MCL 330.1100d.

(r) "SSA" means the United States Social Security Administration.

(s) "SSA-SSI" means SSA supplemental security income.

Sec. 204. The department 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. 205. Funds appropriated in part 1 shall not be used for the purchase of foreign goods or services, or both, if competitively priced and of comparable quality American goods or services, or both, are available. Preference shall be given to goods or services, or both, manufactured or provided by Michigan businesses, if they are competitively priced and of comparable quality. In addition, preference shall be given to goods or services, or both, that are manufactured or provided by Michigan businesses owned and operated by veterans, if they are competitively priced and of comparable quality.

Sec. 206. The department shall not take disciplinary action against an employee of the department in the state classified civil service, or a prisoner, for communicating with a member of the legislature or his or her staff, unless the communication is prohibited by law and the department is exercising its authority as provided by law.

Sec. 207. The department shall prepare a report on out-of-


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state travel expenses not later than January 1 of each year. The travel report shall be a listing of all travel by classified and unclassified employees outside this state in the immediately preceding fiscal year that was funded in whole or in part with funds appropriated in the department's budget. The report shall be submitted to the senate and house appropriations committees, the senate and house fiscal agencies, and the state budget office. The report shall include the following information:

(a) The dates of each travel occurrence.

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

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

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

Sec. 210. In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $2,500,000.00 for


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federal contingency authorization. These funds are not available for expenditure until they have been transferred to another line item in part 1 under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.

Sec. 211. The department shall cooperate with the department of technology, management, and budget to maintain a searchable website accessible by the public at no cost that includes, but is not limited to, all of the following for the department:

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

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

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

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

(e) Job specifications and wage rates.

Sec. 212. Within 14 days after the release of the executive budget recommendation, the department shall cooperate with the state budget office to provide the chairpersons of the senate and house appropriations committees, the chairpersons of the senate and house appropriations subcommittees on corrections, and the senate and house fiscal agencies with an annual report on estimated state restricted fund balances, state restricted fund projected revenues, and state restricted fund expenditures for the prior 2 fiscal years.

Sec. 213. The department shall maintain, on a publicly accessible website, a department scorecard that identifies, tracks, and regularly updates key metrics that are used to monitor and improve the department's performance.


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Sec. 214. Total authorized appropriations from all sources under part 1 for legacy costs for the fiscal year ending September 30, 2022 are estimated at $279,249,700.00. From this amount, total department appropriations for pension-related legacy costs are estimated at $156,450,700.00. Total department appropriations for retiree health care legacy costs are estimated at $122,799,000.00.

Sec. 215. To the extent permissible under the management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594, 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. 216. (1) On a semiannual basis, the department shall report on the number of full-time equated positions in pay status by civil service classification, including the number of full-time equated positions in pay status by civil service classification for each correctional facility, to the senate and house appropriations committees, the senate and house appropriations subcommittees on corrections, the senate and house fiscal agencies, the legislative corrections ombudsman, and the state budget office. This report must include the following:

(a) A comparison by line item of the number of full-time equated positions authorized from funds appropriated in part 1 to the actual number of full-time equated positions employed by the department at the end of the reporting period.

(b) A detailed accounting of all vacant positions that exist within the department.


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(c) A detailed accounting of all correction officer positions at each correctional facility, including positions that are filled and vacant positions, by facility.

(d) A detailed accounting of all vacant positions that are health care-related.

(e) A detailed accounting of vacant positions that are being held open for temporarily nonactive employees.

(2) By March 1 of the current fiscal year, the department shall report to the senate and house appropriations committees, the senate and house appropriations subcommittees on corrections, the senate and house fiscal agencies, the legislative corrections ombudsman, and the state budget office, the following information:

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

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

(c) Estimated net cost savings achieved by remote work.

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

(3) As used in this section, "vacant position" means any position that has not been filled at any time during the past 12 calendar months.

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


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Sec. 219. (1) Any contract for prisoner telephone services entered into after the effective date of this section shall include a condition that fee schedules for prisoner telephone calls, including rates and any surcharges other than those necessary to meet program and special equipment costs, be the same as fee schedules for calls placed from outside of correctional facilities.

(2) Revenues appropriated and collected for program and special equipment funds shall be considered state restricted revenue. Funding shall be used for prisoner programming, special equipment, and security projects. Not less than 75% of funding shall be used for prisoner programming. Unexpended funds remaining at the close of the fiscal year shall not lapse to the general fund but shall be carried forward and be available for appropriation in subsequent fiscal years.

(3) The department shall submit a report to the senate and house appropriations subcommittees on corrections, the senate and house fiscal agencies, the legislative corrections ombudsman, and the state budget office by February 1 outlining revenues and expenditures from program and special equipment funds. The report shall include all of the following:

(a) A list of all individual projects and purchases financed with program and special equipment funds in the immediately preceding fiscal year, the amounts expended on each project or purchase, and the name of each vendor from which the products or services were purchased.

(b) A list of planned projects and purchases to be financed with program and special equipment funds during the current fiscal year, the amounts to be expended on each project or purchase, and the name of each vendor from which the products or services will be


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purchased.

(c) A review of projects and purchases planned for future fiscal years from program and special equipment funds.

Sec. 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. 221. The department shall receive and retain copies of all reports funded from appropriations in part 1. Federal and state guidelines for short-term and long-term retention of records shall be followed. The department may electronically retain copies of reports unless otherwise required by federal and state guidelines.

Sec. 222. The department shall report no later than April 1 on each specific policy change made to implement a public act affecting the department that took effect during the prior calendar year to the senate and house appropriations committees, the senate and house subcommittees on corrections, the joint committee on administrative rules, and the senate and house fiscal agencies.

Sec. 223. (1) From the funds appropriated in part 1, the department shall do the following:

(a) Report to the senate and house appropriations committees, the senate and house fiscal agencies, the senate and house policy offices, and the state budget office any amounts of severance pay for a department director, deputy director, or other high-ranking department official not later than 14 days after a severance


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agreement with the director or official is signed. The name of the director or official and the amount of severance pay must be included in the report required by this subdivision.

(b) Maintain an internet site that posts any severance pay in excess of 6 weeks of wages, regardless of the position held by the former department employee receiving severance pay.

(c) By February 1, report to the senate and house appropriations subcommittees, the senate and house fiscal agencies, the senate and house policy offices, and the state budget office on the total amount of severance pay remitted to former department employees during the fiscal year ending September 30, 2021 and the total number of former department employees that were remitted severance pay during the fiscal year ending September 30, 2021.

(2) As used in this section, "severance pay" means compensation that is both payable or paid upon the termination of employment and in addition to either wages or benefits earned during the course of employment or generally applicable retirement benefits.

Sec. 224. Any department, agency, board, commission, subdivision, or other executive branch entity or official of this state that receives funding under part 1 shall not do the following:

(a) Require as a condition of accessing any state services or facilities that an individual provide proof that he or she has received a COVID-19 vaccine.

(b) Produce, develop, and issue a COVID-19 vaccine passport for the purpose of certifying that an individual has received a COVID-19 vaccine.

(c) Provide information of an individual's COVID-19 vaccine


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status to any person, company, or governmental entity for inclusion in a COVID-19 vaccine passport.

Sec. 225. Appropriations in part 1 shall, to the extent possible by the department, not be expended until all existing work project authorization available for the same purposes is exhausted.

Sec. 239. It is the intent of the legislature that the department establish and maintain a management-to-staff ratio of not more than 1 supervisor for each 8 employees at the department's central office in Lansing and at both the northern and southern region administration offices.

Sec. 247. The department shall provide the state court administrative office data sufficient to administer the swift and sure sanctions program.

 

DEPARTMENTAL ADMINISTRATION AND SUPPORT

Sec. 301. For 3 years after a felony offender is released from the department's jurisdiction, the department shall maintain the offender's file on the offender tracking information system and make it publicly accessible in the same manner as the file of the current offender. However, the department shall immediately remove the offender's file from the offender tracking information system upon determination that the offender was wrongfully convicted and the offender's file is not otherwise required to be maintained on the offender tracking information system.

Sec. 302. From the funds appropriated in part 1, the department shall submit a report by March 1 on the department's staff retention strategies to the senate and house appropriations subcommittees on corrections, the senate and house committees on oversight, the senate and house fiscal agencies, the legislative


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corrections ombudsman, and the state budget office. The report must include, but not be limited to, the following:

(a) The department's strategies on how to improve employee engagement, how to improve employee wellness, and how to offer additional training and professional development for employees, including metrics the department is using to measure success of employee wellness programming.

(b) Mechanisms by which the department receives employee feedback in areas under subdivision (a) and how the department considers suggestions made by employees.

(c) Steps the department has taken, and future plans and goals the department has for retention and improving employee wellness.

Sec. 303. From the funds appropriated in part 1, the department shall submit a report by March 1 on the number of employee departures to the senate and house appropriations subcommittees on corrections, the senate and house committees on oversight, the senate and house fiscal agencies, the legislative corrections ombudsman, and the state budget office. The report must include the number of corrections officers that departed from employment at a state correctional facility in the immediately preceding fiscal year and the number of years they worked for the department. 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


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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. 304. (1) The department shall maintain a staff savings initiative program in conjunction with the EPIC program for employees to submit suggestions for efficiencies for the department. The department shall consider each suggestion in a timely manner. By March 1, the department shall report to the senate and house appropriations subcommittees on corrections, the senate and house fiscal agencies, the legislative corrections ombudsman, and the state budget office on process improvements that were implemented based on suggestions that were recommended for implementation from the staff savings initiative and EPIC programs.

(2) From the funds appropriated in part 1 for the staffing savings initiative program, an employee whose suggestion is implemented by the department shall receive a reward in compensation equal to 1% of any savings that result from the implementation of the suggestion, up to a maximum award of $2,000.00.

Sec. 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. 306. Funds included in part 1 for the sheriffs' coordinating and training office are appropriated for and may be expended to defray costs of continuing education, certification,


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recertification, decertification, and training of local corrections officers, the personnel and administrative costs of the sheriffs' coordinating and training office, the local corrections officers advisory board, and the sheriffs' coordinating and training council under the local corrections officers training act, 2003 PA 125, MCL 791.531 to 791.546.

Sec. 307. The department shall issue a biannual report for all vendor contracts to the senate and house appropriations subcommittees on corrections, the senate and house fiscal agencies, the legislative corrections ombudsman, and the state budget office. The report shall cover service contracts with a value of $500,000.00 or more and include all of the following:

(a) The original start date and the current expiration date of each contract.

(b) The number, if any, of contract compliance monitoring site visits completed by the department for each vendor.

(c) The number and amount of fines, if any, for service-level agreement noncompliance for each vendor broken down by area of noncompliance.

Sec. 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. 309. The department shall issue a report for all correctional facilities to the senate and house appropriations subcommittees on corrections, the senate and house fiscal agencies, the legislative corrections ombudsman, and the state budget office


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by January 1 setting forth the following information for each facility: its name, street address, and date of construction; its current maintenance costs; any maintenance planned; its current utility costs; its expected future capital improvement costs; the current unspent balance of any authorized capital outlay projects, including the original authorized amount; and its expected future useful life.

Sec. 310. By March 1, the department shall provide a strategic plan update report to the senate and house appropriations subcommittees on corrections, the senate and house fiscal agencies, the legislative corrections ombudsman, and the state budget office which 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.

Sec. 311. By December 1, the department shall provide a report on the Michigan state industries program to the senate and house appropriations subcommittees on corrections, the senate and house fiscal agencies, the legislative corrections ombudsman, and the state budget office. The report shall include, but not be limited to, the locations of the programs, the total number of participants at each location, a description of job duties and typical inmate schedules, the products that are produced, and how the program provides marketable skills that lead to employable outcomes after release from a department facility.

Sec. 312. (1) Funds appropriated in part 1 for employee wellness programming shall be used for post-traumatic stress


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outreach, treating mental health issues, and providing mental health programming for all department staff, including former employees.

(2) By September 30, the department shall submit a report on programs the department has established, the level of employee involvement, and expenditures made by the department for employee wellness programming. The department shall submit the report to the senate and house appropriations subcommittees on corrections, the senate and house committees on oversight, the senate and house fiscal agencies, the legislative corrections ombudsman, and the state budget office.

Sec. 313. (1) From the funds appropriated in part 1, the department shall submit quarterly reports on new employee schools to the senate and house appropriations subcommittees on corrections, the senate and house committees on oversight, the senate and house fiscal agencies, the legislative corrections ombudsman, and the state budget office. The reports must include the following information for the immediately preceding fiscal quarter, and as much of the information as possible for the current and next fiscal year.

(a) The number of new employee schools that took place and the location of each.

(b) The number of recruits that started in each employee school.

(c) The number of recruits that graduated from each employee school and continued employment with the department.

(2) The report must outline the department's strategy to achieve a 5% or lower target corrections officer vacancy rate.

Sec. 314. From the funds appropriated in part 1, the


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department shall submit a monthly report on the number of overtime hours worked by all custody staff, by facility. The report shall include for each facility, the number of mandatory overtime hours worked, the number of voluntary overtime hours worked, the reasons for overtime hours worked, and the average number of overtime hours worked by active employees. The report shall be submitted to the senate and house appropriations subcommittees on corrections, the senate and house committees on oversight, the senate and house fiscal agencies, the legislative corrections ombudsman, and the state budget office.

Sec. 316. From the funds appropriated in part 1 for new custody staff training, the department shall target training at hiring a minimum of 800 corrections officers to address higher than normal attrition of correction officers and to decrease overtime costs.

Sec. 318. From the funds appropriated in part 1, the department shall submit a report about programs that offer professional development and training opportunities for all levels of custody supervisors and first line managers. The report shall include an overview of existing departmental programs, as well as a review of programs available in other organizations and states that serve similar purposes that may be adopted in part or in full to enhance departmental training. The department shall provide the required report by April 1 to the senate and house appropriations subcommittees on corrections, the senate and house fiscal agencies, the legislative corrections ombudsman, and the state budget office.

 

OFFENDER SUCCESS ADMINISTRATION

Sec. 401. The department shall submit 3-year and 5-year prison


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population projection updates concurrent with submission of the executive budget recommendation to the senate and house appropriations subcommittees on corrections, the senate and house fiscal agencies, the legislative corrections ombudsman, and the state budget office. The report shall include explanations of the methodology and assumptions used in developing the projection updates.

Sec. 402. By March 1, the department shall provide a report on offender success expenditures and allocations to the senate and house appropriations subcommittees on corrections, the senate and house fiscal agencies, the legislative corrections ombudsman, and the state budget office. At a minimum, the report shall include the following:

(a) Details on prior-year expenditures, including amounts spent on each project funded, itemized by service provided and service provider.

(b) Allocations and planned expenditures for each project funded and for each project to be funded, itemized by service to be provided and service provider. The department shall provide an amended report quarterly, if any revisions to allocations or planned expenditures occurred during that quarter.

(c) 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.

Sec. 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


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to, counseling, providing information on housing and job placement, and money management assistance.

Sec. 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. 406. From the funds appropriated in part 1, the department shall conduct a study, in consultation with the department of environment, Great Lakes, and energy, to determine the feasibility of including prisoners nearing their earliest release dates in the wastewater operator certification program administered by the department of environment, Great Lakes, and energy. The department shall submit a report by January 15 to the senate and house subcommittees on corrections and the senate and house fiscal agencies on the feasibility of training and certifying prisoners to become water, drinking water, wastewater, and stormwater operators. If it is determined that training and certification of prisoners is not feasible, the department shall report on the reasons for infeasibility.

Sec. 407. By June 30, the department shall place the statistical report from the immediately preceding calendar year on an internet site. The statistical report shall include, but not be limited to, the information as provided in the 2004 statistical report.

Sec. 408. The department shall measure the reincarceration recidivism rates of offenders based on available data.

Sec. 409. From the funds appropriated in part 1, the department shall design services for offender success and vocation


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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 that are high quality, demand driven, locally receptive, and responsive to the needs of communities where the prisoners are expected to reside after their release from correctional facilities.

Sec. 410. (1) Funds awarded for residential services 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. 412. (1) The department shall submit to the senate and house appropriations subcommittees on corrections, the senate and house fiscal agencies, the legislative corrections ombudsman, and the state budget office the 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


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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. 413. (1) 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 senate and house of representatives appropriations subcommittees on corrections, the senate and house fiscal agencies, the legislative corrections ombudsman, and the state budget office.

(2) If requested by the senate and house of representatives appropriations subcommittees on corrections, the law enforcement agency receiving funding under part 1 shall appear before the subcommittees to discuss the expenditure report required under


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subsection (1). The subcommittees will work with the law enforcement agency to determine when the meeting will occur.

Sec. 414. (1) The department shall administer a county jail reimbursement program from the funds appropriated in part 1 for the purpose of reimbursing counties for housing in jails certain felons who otherwise would have been sentenced to prison.

(2) The county jail reimbursement program shall reimburse counties for convicted felons in the custody of the sheriff if the conviction was for a crime committed on or after January 1, 1999 and 1 of the following applies:

(a) The felon's sentencing guidelines recommended range upper limit is more than 18 months, the felon's sentencing guidelines recommended range lower limit is 12 months or less, the felon's prior record variable score is 35 or more points, and the felon's sentence is not for commission of a crime in crime class G or crime class H or a nonperson crime in crime class F under chapter XVII of the code of criminal procedure, 1927 PA 175, MCL 777.1 to 777.69.

(b) The felon's minimum sentencing guidelines range minimum is more than 12 months under the sentencing guidelines described in subdivision (a).

(c) The felon was sentenced to jail for a felony committed while he or she was on parole and under the jurisdiction of the parole board and for which the sentencing guidelines recommended range for the minimum sentence has an upper limit of more than 18 months.

(3) State reimbursement under this 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


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$40.00 per diem per diverted offender for offenders with a straddle cell guideline for a group 2 crime. Reimbursements shall be paid for sentences up to a 1-year total.

(4) As used in this section:

(a) "Group 1 crime" means a crime in 1 or more of the following offense categories: arson, assault, assaultive other, burglary, criminal sexual conduct, homicide or resulting in death, other sex offenses, robbery, and weapon possession as determined by the department based on specific crimes for which counties received reimbursement under the county jail reimbursement program in fiscal year 2007 and fiscal year 2008, and listed in the county jail reimbursement program document titled "FY 2007 and FY 2008 Group One Crimes Reimbursed", dated March 31, 2009.

(b) "Group 2 crime" means a crime that is not a group 1 crime, including larceny, fraud, forgery, embezzlement, motor vehicle, malicious destruction of property, controlled substance offense, felony drunk driving, and other nonassaultive offenses.

(c) "In the custody of the sheriff" means that the convicted felon has been sentenced to the county jail and is either housed in a county jail, is in custody but is being housed at a hospital or medical facility for a medical or mental health purpose, or has been released from jail and is being monitored through the use of the sheriff's electronic monitoring system.

(5) County jail reimbursement program expenditures shall not exceed the amount appropriated in part 1 for the county jail reimbursement program. Payments to counties under the county jail reimbursement program shall be made in the order in which properly documented requests for reimbursements are received. A request shall be considered to be properly documented if it meets MDOC


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requirements for documentation. By October 15, the department shall distribute the documentation requirements to all counties.

(6) Any county that receives funding under this section for the purpose of housing in jails certain felons who otherwise would have been sentenced to prison shall, as a condition of receiving the funding, report by September 30 an annual average jail capacity and annual average jail occupancy for the immediately preceding fiscal year.

(7) Not later than February 1, the department shall report to the senate and house appropriations subcommittees on corrections all of the following information:

(a) The number of inmates sentenced to the custody of the sheriff and eligible for the county jail reimbursement program.

(b) The total amount paid to counties under the county jail reimbursement program.

(c) The total number of days inmates were in the custody of the sheriff and eligible for the county jail reimbursement program.

(d) The number of inmates sentenced to the custody of the sheriff under each of the 3 categories: presumptive prison, group 1 crime, and group 2 crime in subsection (3).

(e) The total amount paid to counties under each of the 3 categories: presumptive prison, group 1 crime, and group 2 crime in subsection (3).

(f) The total number of days inmates were in the custody of the sheriff under each of the 3 categories: presumptive prison, group 1 crime, and group 2 crime in subsection (3).

(g) The estimated cost of housing inmates sentenced to the custody of the sheriff and eligible for the county jail reimbursement program as inmates of a state prison.


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Sec. 417. (1) By March 1, the department shall report to the senate and house appropriations subcommittees on corrections, the senate and house fiscal agencies, the legislative corrections ombudsman, and the state budget office on any new initiatives to control prison population growth funded or proposed to be funded under part 1.

(2) For each initiative listed under subsection (1), the report shall include information on each of the following:

(a) Program objectives and outcome measures, including, but not limited to, the number of offenders who successfully completed the program, and the number of offenders who successfully remained in the community during the 3 years following termination from the program.

(b) Expenditures by location.

(c) The impact on jail utilization.

(d) The impact on prison admissions.

(e) Other information relevant to an evaluation of the program.

Sec. 418. (1) The department shall collaborate with the state court administrative office on facilitating changes to Michigan court rules that would require the court to collect at the time of sentencing the state operator's license, state identification card, or other documentation used to establish the identity of the individual to be admitted to the department. The department shall maintain those documents in the prisoner's personal file.

(2) The department shall cooperate with MDHHS to create and maintain a process by which prisoners can obtain their Michigan birth certificates if necessary. The department shall describe a process for obtaining birth certificates from other states, and in


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situations where the prisoner's effort fails, the department shall assist in obtaining the birth certificate.

(3) The department shall collaborate with the department of military and veterans affairs to create and maintain a process by which prisoners can obtain a copy of their DD Form 214 or other military discharge documentation if necessary.

Sec. 419. (1) The department shall provide monthly email reports to the senate and house appropriations subcommittees on corrections, the senate and house fiscal agencies, the legislative corrections ombudsman, and the state budget office on prisoner populations by security levels by facility, prison facility capacities, and parolee and probationer populations.

(2) The department shall provide monthly email reports to the senate and house appropriations subcommittees on corrections, the senate and house fiscal agencies, the legislative corrections ombudsman, and the state budget office. The reports shall include information on end-of-month prisoner populations in county jails, the net operating capacity according to the most recent certification report, identified by date, the number of beds in currently closed housing units by facility, and end-of-month data, year-to-date data, and comparisons to the prior year for the following:

(a) Community residential program populations, separated by centers and electronic monitoring.

(b) Parole populations.

(c) Probation populations, with identification of the number in special alternative incarceration.

(d) Prison and camp populations, with separate identification of the number in special alternative incarceration and the number


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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 notify the senate and house appropriations subcommittees on corrections, the senate and house fiscal agencies, the legislative corrections ombudsman, and the state budget office of that fact and shall specify in the notice the reasons the department will not meet the reporting requirements.

Sec. 422. On a quarterly basis, the department shall issue a report to the senate and house appropriations subcommittees on corrections, the senate and house fiscal agencies, the legislative corrections ombudsman, and the state budget office, for the previous 4 quarters detailing the outcomes of prisoners who have been reviewed for parole. The report shall include all of the following:

(a) How many prisoners in each quarter were reviewed.


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(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.

Sec. 423. From the funds appropriated in part 1 for offender success administration, the department shall collaborate with the Michigan Restaurant Association for job placement for individuals on probation and parole.

Sec. 425. (1) From the funds appropriated in part 1 for offender success programming, $1,000,000.00 shall be used by the department to establish medication-assisted treatment offender success pilot programs to provide prerelease treatment and postrelease referral for opioid-addicted and alcohol-addicted offenders who voluntarily participate in the medication-assisted treatment offender success pilot programs. The department shall collaborate with residential and nonresidential substance abuse treatment providers and with community-based clinics to provide postrelease treatment. The programs shall employ a multifaceted approach to treatment, including a long-acting nonaddictive medication approved by the Food and Drug Administration for the treatment of opioid and alcohol dependence, counseling, and postrelease referral to community-based providers.

(2) The manufacturer of a long-acting nonaddictive medication


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approved by the Food and Drug Administration for opioid and alcohol dependence shall provide the department with samples of the medication, at no cost to the department, during the duration of the medication-assisted treatment offender success pilot programs. Offenders shall receive 1 injection prior to being released from custody and shall be connected with an aftercare plan and assistance with obtaining insurance to cover subsequent injections.

(3) Participants of the programs shall be required to attend substance abuse treatment programming as directed by their agent, including coordination of both direct or indirect services through federally-qualified health centers in Wayne, Washtenaw, Genesee, Berrien, Van Buren, and Allegan Counties, but not limited to only those counties, shall be subject to routine drug and alcohol testing, shall not be allowed to consume drugs or alcohol, and shall possess a strong will to overcome addiction.

(4) The department shall submit a report by September 30 to the senate and house appropriations subcommittees on corrections, the senate and house fiscal agencies, the legislative corrections ombudsman, and the state budget office on the number of offenders who received injections upon release, the number of offenders who received injections and tested positive for drugs or alcohol, the number of offenders who received injections in the community for a duration of at least 3 months, and the number of offenders who received injections and were subsequently returned to prison. The report shall also include the number of offenders who are actively employed, or are continuing treatment, and if an offender is subsequently returned to prison, the number of months since original release.

Sec. 426. From the funds appropriated in part 1, the


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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. 437. (1) Funds appropriated in part 1 for Goodwill Flip the Script shall be distributed to a Michigan-chartered 501(c)(3) nonprofit corporation operating in a county with greater than 1,500,000 people for administration and expansion of a program that serves a population of individuals aged 16 to 39. The program shall target those who are entering the criminal justice system for the first or second time and shall assist those individuals through the following program types:

(a) Alternative sentencing programs in partnership with a local district or circuit court.

(b) Educational recovery for special adult populations with high rates of illiteracy.

(c) Career development and continuing education for women.

(2) The program selected shall report by March 30 to the department, the senate and house appropriations subcommittees on corrections, the senate and house fiscal agencies, the legislative corrections ombudsman, and the state budget office. The report shall include program performance measurements, the number of individuals diverted from incarceration, the number of individuals served, and outcomes of participants who complete the program.

 

FIELD OPERATIONS ADMINISTRATION

Sec. 603. (1) Included in the appropriation in part 1 is


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adequate funding to implement the curfew monitoring program to be administered by the department. The curfew monitoring program is intended to provide sentencing judges and county sheriffs in coordination with local community corrections advisory boards access to the state's curfew monitoring program to reduce prison admissions and improve local jail utilization.

(2) Any county with curfew monitor charges outstanding over 60 days shall be considered in violation of the community curfew monitor program agreement and lose access to the program.

Sec. 604. (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.


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(3) The department shall report on programs described under this section by March 30 to the senate and house appropriations subcommittees on corrections, the senate and house fiscal agencies, the legislative corrections ombudsman, and the state budget office. 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. 611. The department shall prepare by March 1 individual reports for the residential reentry program, the electronic monitoring program, and the special alternative to incarceration program. The reports shall be submitted to the senate and house appropriations subcommittees on corrections, the senate and house fiscal agencies, the legislative corrections ombudsman, and the state budget office. Each program's report shall include information on all of the following:

(a) Monthly new participants by type of offender. Residential reentry program participants shall be categorized by reason for placement. For technical rule violators, the report shall sort offenders by length of time since release from prison, by the most recent violation, and by the number of violations occurring since release from prison.

(b) Monthly participant unsuccessful terminations, including cause.

(c) Number of successful terminations.

(d) End month population by facility/program.

(e) Average length of placement.

(f) Return to prison statistics.

(g) Description of each program location or locations, capacity, and staffing.


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(h) Sentencing guideline scores and actual sentence statistics for participants, if applicable.

(i) Comparison with prior year statistics.

(j) Analysis of the impact on prison admissions and jail utilization and the cost effectiveness of the program.

Sec. 612. (1) The department shall review and revise as necessary policy proposals that provide alternatives to prison for offenders being sentenced to prison as a result of technical probation violations and technical parole violations. To the extent the department has insufficient policies or resources to affect the continued increase in prison commitments among these offender populations, the department shall explore other policy options to allow for program alternatives, including department or OCC-funded programs, local level programs, and programs available through private agencies that may be used as prison alternatives for these offenders.

(2) By April 1, the department shall provide a report to the senate and house appropriations subcommittees on corrections, the senate and house fiscal agencies, the legislative corrections ombudsman, and the state budget office on the number of all parolees returned to prison and probationers sentenced to prison for either a technical violation or new sentence during the preceding fiscal year. The report shall include the following information for probationers, for parolees after their first parole, and for parolees who have been paroled more than once:

(a) The numbers of parole and probation violators returned to or sent to prison for a new crime with a comparison of original versus new offenses by major offense type: assaultive, nonassaultive, drug, and sex.


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(b) The numbers of parole and probation violators returned to or sent to prison for a technical violation and the type of violation, including, but not limited to, zero gun tolerance and substance abuse violations. For parole technical rule violators, the report shall list violations by type, by length of time since release from prison, by the most recent violation, and by the number of violations occurring since release from prison.

(c) The educational history of those offenders, including how many had a high school equivalency or high school diploma prior to incarceration in prison, how many received a high school equivalency while in prison, and how many received a vocational certificate while in prison.

(d) The number of offenders who participated in the reentry program versus the number of those who did not.

(e) The unduplicated number of offenders who participated in substance abuse treatment programs, mental health treatment programs, or both, while in prison, itemized by diagnosis.

Sec. 615. The department shall submit a report detailing the number of prisoners who have received life imprisonment sentences with the possibility of parole and who are currently eligible for parole to the senate and house appropriations subcommittees on corrections, the senate and house fiscal agencies, the legislative corrections ombudsman, and the state budget office by April 30.

Sec. 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


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probation violator population. The department shall measure and set the following metric goals:

(a) 85% of participants successfully complete the program.

(b) Of the participants that complete the program, 75% will earn a nationally recognized credential for career and vocational programs.

(c) Of the participants that complete the program, 100% will earn a certificate of completion for cognitive programming.

(d) The prison commitment rate for probation violators will be reduced by 5% within the impacted geographical area after the first year of program operation.

 

HEALTH CARE

Sec. 802. (1) As a condition of expenditure of the funds appropriated in part 1, the department shall provide the senate and house appropriations subcommittees on corrections, the senate and house fiscal agencies, the legislative corrections ombudsman, and the state budget office with quarterly reports on physical and mental health care, pharmaceutical services, and durable medical equipment, for prisoners. Reports shall detail quarterly and fiscal year-to-date expenditures itemized by vendor, allocations, status of payments from contractors to vendors, and projected year-end expenditures from accounts. Reports 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.

(2) By April 1, the department shall provide the senate and house appropriations subcommittees on corrections, the senate and house fiscal agencies, the legislative corrections ombudsman, and


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the state budget office with a report on pharmaceutical prescribing practices, including a detailed accounting of expenditures on antipsychotic medications, and any changes that have been made to the prescription drug formularies.

(3) By April 1, the department shall provide the senate and house appropriations subcommittees on corrections, the senate and house fiscal agencies, the legislative corrections ombudsman, and the state budget office with a feasibility study on practices the department can implement to defray the cost of medications, including the feasibility of the department to procure medications directly from the manufacturer.

Sec. 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. 804. The department shall report quarterly to the senate and house appropriations subcommittees on corrections, the senate and house fiscal agencies, the legislative corrections ombudsman, and the state budget office on prisoner health care utilization. The report shall include the number of inpatient hospital days,


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outpatient visits, emergency room visits, and prisoners receiving off-site inpatient medical care in the previous quarter, by facility.

Sec. 807. (1) The funds appropriated in part 1 for Hepatitis C treatment shall be used only to purchase specialty medication for Hepatitis C treatment in the prison population. In addition to the above appropriation, any rebates received from the medications used shall be used only to purchase specialty medication for Hepatitis C treatment. On a quarterly basis, the department shall issue a report to the senate and house appropriations subcommittees on corrections, the senate and house fiscal agencies, the legislative corrections ombudsman, and the state budget office, showing for the previous 4 quarters the total amount spent on specialty medication for the treatment of Hepatitis C, the number of prisoners that were treated, the amount of any rebates that were received from the purchase of specialty medication, and what outstanding rebates are expected to be received.

(2) 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. 812. (1) The department shall provide the department of health and human services with a monthly list of prisoners newly committed to the department of corrections. The department and the department of health and human services shall enter into an interagency agreement under which the department of health and human services provides the department of corrections with monthly lists of newly committed prisoners who are eligible for Medicaid benefits in order to maintain the process by which Medicaid


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benefits are suspended rather than terminated. The department shall assist prisoners who may be eligible for Medicaid benefits after release from prison with the Medicaid enrollment process prior to release from prison.

(2) The department shall provide the senate and house appropriations subcommittees on corrections, the senate and house fiscal agencies, the legislative corrections ombudsman, and the state budget office with quarterly updates on the utilization of Medicaid benefits for prisoners.

 

CORRECTIONAL FACILITIES ADMINISTRATION

Sec. 901. From the funds appropriated in part 1 for the enhanced food technology program, 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.

Sec. 902. (1) From the funds appropriated in part 1, the department shall notify the senate and house appropriations subcommittees on corrections, the senate and house fiscal agencies, the legislative corrections ombudsman, and the state budget office of the department's plans to eliminate programming for prisoners. Notice shall be provided at least 30 days prior to program elimination.

(2) As used in this section, "programming for prisoners" means a department core program or career and technical education program funded in part 1.

Sec. 903. From the funds appropriated in part 1 for prison food service, the department shall report biannually to the senate and house appropriations subcommittees on corrections, the senate


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and house fiscal agencies, the legislative corrections ombudsman, and the state budget office on the following:

(a) Average per-meal cost for prisoner food service. Per-meal cost shall include all costs directly related to the provision of food for the prisoner population, and shall include, but not be limited to, actual food costs, total compensation for all food service workers, including benefits and legacy costs, and inspection and compliance costs for food service.

(b) Food service-related contracts, including goods or services to be provided and the vendor.

(c) Major sanitation violations.

Sec. 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 to the senate and house appropriations subcommittees on corrections, the senate and house fiscal agencies, the legislative corrections ombudsman, and the state budget office not later than December 15. 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.


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(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. 906. Any local unit of government or private nonprofit organization that contracts with the department for public works services shall be responsible for financing the entire cost of such an agreement.

Sec. 907. The department shall report by March 1 to the senate and house appropriations subcommittees on corrections, the senate and house fiscal agencies, the legislative corrections ombudsman, and the state budget office on academic and vocational programs. The report shall provide information relevant to an assessment of the department's academic and vocational programs, including, but not limited to, all of the following:

(a) The number of instructors and the number of instructor vacancies, by program and facility.

(b) The number of prisoners enrolled in each program, the


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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. 909. From the funds appropriated in part 1, the department shall provide to all prisoners, upon intake, information regarding the academic and vocational education programs provided and available to the prisoners at the facilities in which the prisoners are housed. The information must include how prisoners can access the programming, the requirements for admittance to programs, and the expected outcomes of participation in the


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programs. This information must be made available to all prisoners in an effort to adequately prepare prisoners for success upon release from prison.

Sec. 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. 911. (1) The department shall report as follows to the senate and house appropriations subcommittees on corrections, the senate and house fiscal agencies, the legislative corrections ombudsman, and the state budget office:

(a) Within 72 hours of occurrence, any critical incident occurring at a correctional facility.

(b) 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.

(2) As used in this section, "critical incident" includes a prisoner assault on staff that results in a serious physical injury to staff, an escape or attempted escape, a prisoner disturbance that causes facility operation concerns, and an unexpected death of a prisoner.

Sec. 912. The department shall report quarterly to the senate and house appropriations subcommittees on corrections, the senate and house fiscal agencies, the legislative corrections ombudsman, and the state budget office on the ratio of correctional officers to prisoners for each correctional institution, the ratio of shift command staff to line custody staff, and the ratio of noncustody institutional staff to prisoners for each correctional institution.


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Sec. 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) It is the intent of the legislature that any prisoner required to complete a violence prevention program, sexual offender program, or other program as a condition of parole shall be placed on a waiting list for the appropriate programming upon entrance to prison and transferred to a facility where that program is available in order to accomplish timely completion of that program prior to the expiration of his or her minimum sentence and eligibility for parole. Nothing in this section should be deemed to make parole denial appealable in court.

(3) The department shall, to the greatest extent possible, provide programming for prisoners at or near the beginning of prisoners' terms of incarceration, particularly programs that could impact prisoners' behavior while incarcerated. Programming includes, but is not limited to, violence prevention programming, assaultive offender programming, sexual offender programming, substance abuse treatment programming, and thinking for a change programming.

(4) The department shall submit a quarterly report to the senate and house appropriations subcommittees on corrections, the senate and house fiscal agencies, the legislative corrections ombudsman, and the state budget office detailing enrollment in sex


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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. 920. If a female prisoner in a facility funded from appropriations in part 1 consents to a visitor being present, the department shall allow that 1 person to be present during the prisoner's labor and delivery. The person allowed to accompany the prisoner must be an immediate family member, legal guardian, spouse, or domestic partner. The department is authorized to deny access to a visitor if the department has a safety concern with that visitor's access. The department is authorized to conduct a criminal background check on a visitor.

Sec. 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


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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. 925. By March 1, the department shall report to the senate and house appropriations subcommittees on corrections, the senate and house fiscal agencies, the legislative corrections ombudsman, and the state budget office on the annual number of prisoners in administrative segregation between October 1, 2020 and September 30, 2021, and the annual number of prisoners in administrative segregation between October 1, 2020 and September 30, 2021 who at any time during the current or prior prison term were diagnosed with serious mental illness or have a developmental disorder and the number of days each of the prisoners with serious mental illness or a developmental disorder have been confined to administrative segregation.

Sec. 929. From the funds appropriated in part 1, the department shall do all of the following:

(a) Ensure that any inmate care and control staff in contact with prisoners less than 18 years of age are adequately trained with regard to the developmental and mental health needs of prisoners less than 18 years of age. By April 1, the department shall report to the senate and house appropriations subcommittees on corrections, the senate and house fiscal agencies, the legislative corrections ombudsman, and the state budget office on the training curriculum used and the number and types of staff receiving annual training under that curriculum.


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(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. 930. The department shall submit a quarterly report to the senate and house appropriations subcommittees on corrections, the senate and house fiscal agencies, the legislative corrections ombudsman, and the state budget office on the number of youth in prison. The report shall include, but not be limited to, the following information:


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(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. 940. (1) Any lease, rental, contract, or other legal agreement that includes a provision allowing a private person or entity to use state-owned facilities or other property to conduct a for-profit business enterprise shall require the lessee to pay fair market value for the use of the state-owned property.

(2) The lease, rental, contract, or other legal agreement shall also require the party using the property to make a payment in lieu of taxes to the local jurisdictions that would otherwise receive property tax revenue, as if the property were not owned by the state.

Sec. 942. The department shall ensure that any contract, funded from appropriations in part 1, with a public or private party to operate a facility to house state prisoners includes a provision to allow access by both the office of the legislative auditor general and the office of the legislative corrections ombudsman to the facility and to appropriate records and documents related to the operation of the facility. These access rights for both offices shall be the same for the contracted facility as for a general state-operated correctional facility.

Sec. 943. The department shall submit a report by May 1 to the senate and house appropriations subcommittees on corrections, the senate and house fiscal agencies, the legislative corrections ombudsman, and the state budget office on the actual and projected


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savings achieved by closing correctional facilities. Savings amounts shall be itemized by facility. Information required by this section shall start with the closure of the Pugsley Correctional Facility, which closed in September of 2016, and shall continue for each facility closed thereafter.

Sec. 944. When the department is planning to close a correctional facility, the department shall fully consider the potential economic impact of the prison closure on the community where the facility is located. The department, when weighing all factors related to the closure of a facility, shall also consider the impact on the local community where the facility to be closed is located.

Sec. 945. From the funds appropriated in part 1, the department shall notify the senate and house appropriations subcommittees on corrections, the senate and house fiscal agencies, the legislative corrections ombudsman, and the state budget office of the department's plans to close, consolidate, or relocate any correctional facility in the state. Notice shall be provided at least 30 days prior to effective date of closure, consolidation, or relocation.

Sec. 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.

 

MISCELLANEOUS

Sec. 1009. The department shall make an information packet for


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the families of incoming prisoners available on the department's website. The information packet shall be updated by February 1. The packet shall provide information on topics including, but not limited to: how to put money into prisoner accounts, how to make phone calls or create Jpay email accounts, how to visit in person, proper procedures for filing complaints or grievances, the rights of prisoners to physical and mental health care, how to utilize the offender tracking information system (OTIS), truth-in-sentencing and how it applies to minimum sentences, the parole process, and guidance on the importance of the role of families in the reentry process. The department is encouraged to partner with external advocacy groups and actual families of prisoners in the packet-writing process to ensure that the information is useful and complete.

Sec. 1011. The department may accept in-kind services and equipment donations to facilitate the addition of a cable network that provides programming that will address the religious needs of incarcerated individuals. This network may be a cable television network that presently reaches the majority of households in the United States. A bilingual channel affiliated with this network may also be added to department programming to assist the religious needs of Spanish-speaking inmates. The addition of these channels shall be at no additional cost to this state.

Sec. 1013. From the funds appropriated in part 1, priority may be given to funding reentry or rehabilitation programs that have been demonstrated to reduce prison violence and recidivism, including faith-based initiatives.

 

ARTICLE 3


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DEPARTMENT OF EDUCATION

PART I

LINE-ITEM APPROPRIATIONS

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

DEPARTMENT OF EDUCATION

 

 

 

APPROPRIATION SUMMARY

 

 

 

Full-time equated unclassified positions

6.0

 

 

Full-time equated classified positions

614.5

 

 

GROSS APPROPRIATION

 

$

406,054,400

ADJUSTED GROSS APPROPRIATIONS

 

 

406,054,400

Federal revenues:

 

 

 

Total federal revenues

 

 

301,762,100

Special revenue funds:

 

 

 

Total local revenues

 

 

5,870,300

Total private revenues

 

 

2,238,500

Total other state restricted revenues

 

 

9,785,400

State general fund/general purpose

 

$

86,398,100

Sec. 102. STATE BOARD OF EDUCATION/OFFICE OF THE SUPERINTENDENT

 

 

 

Full-time equated unclassified positions

6.0

 

 

Full-time equated classified positions

11.0

 

 

Unclassified salaries--FTE positions

6.0

$

1,022,600

Education commission of the states

 

 

120,800

State board of education, per diem payments

 

 

24,400

State board/superintendent operations--FTEs

11.0

 

2,460,100

GROSS APPROPRIATION

 

$

3,627,900


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Appropriated from:

 

 

 

Federal revenues:

 

 

 

Federal revenues

 

 

288,600

Special revenue funds:

 

 

 

Private foundations

 

 

28,100

Certification fees

 

 

808,000

State general fund/general purpose

 

$

2,503,200

Sec. 103. DEPARTMENTAL ADMINISTRATION AND SUPPORT

 

 

 

Full-time equated classified positions

47.6

 

 

Central support operations--FTEs

38.6

 

6,041,400

Federal and private grants

 

 

3,000,000

Grant and contract operations--FTEs

9.0

 

2,743,900

Property management

 

 

3,622,100

Terminal leave payments

 

 

353,300

Training and orientation workshops

 

 

150,000

Worker's compensation

 

 

19,400

GROSS APPROPRIATION

 

$

15,930,100

Appropriated from:

 

 

 

Federal revenues:

 

 

 

Federal indirect revenues

 

 

2,938,800

Federal revenues

 

 

6,193,900

Special revenue funds:

 

 

 

Private foundations

 

 

1,000,000

Certification fees

 

 

577,800

Teacher testing fees

 

 

4,500

Training and orientation workshop fees

 

 

150,000

State general fund/general purpose

 

$

5,065,100


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Sec. 104. INFORMATION TECHNOLOGY

 

 

 

Information technology services and projects

 

 

4,938,300

GROSS APPROPRIATION

 

$

4,938,300

Appropriated from:

 

 

 

Federal revenues:

 

 

 

Federal indirect revenues

 

 

1,951,000

Federal revenues

 

 

640,200

Special revenue funds:

 

 

 

Certification fees

 

 

932,900

State general fund/general purpose

 

$

1,414,200

Sec. 105. SPECIAL EDUCATION SERVICES

 

 

 

Full-time equated classified positions

47.0

 

 

Special education operations--FTEs

47.0

 

9,277,200

GROSS APPROPRIATION

 

$

9,277,200

Appropriated from:

 

 

 

Federal revenues:

 

 

 

Federal revenues

 

 

8,691,100

Special revenue funds:

 

 

 

Private foundations

 

 

109,400

Certification fees

 

 

46,800

State general fund/general purpose

 

$

429,900

Sec. 106. MICHIGAN SCHOOLS FOR THE DEAF AND BLIND

 

 

 

Full-time equated classified positions

82.0

 

 

Camp Tuhsmeheta--FTE

1.0

 

501,000

Low incidence outreach program

 

 

1,000,000

Michigan schools for the deaf and blind operations--FTEs

81.0

 

13,627,000


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Private gifts - blind

 

 

200,000

Private gifts - deaf

 

 

150,000

GROSS APPROPRIATION

 

$

15,478,000

Appropriated from:

 

 

 

Federal revenues:

 

 

 

Federal revenues

 

 

7,550,600

Special revenue funds:

 

 

 

Local cost sharing (schools for deaf/blind)

 

 

5,870,300

Gifts, bequests, and donations

 

 

851,000

Low incidence outreach fund

 

 

1,000,000

Student insurance revenue

 

 

206,100

State general fund/general purpose

 

$

0

Sec. 107. EDUCATOR EXCELLENCE

 

 

 

Full-time equated classified positions

48.0

 

 

Educator excellence operations--FTEs

48.0

 

9,458,700

GROSS APPROPRIATION

 

$

9,458,700

Appropriated from:

 

 

 

Federal revenues:

 

 

 

Federal revenues

 

 

3,164,600

Special revenue funds:

 

 

 

Certification fees

 

 

4,078,400

Teacher testing fees

 

 

197,100

State general fund/general purpose

 

$

2,018,600

Sec. 108. MICHIGAN OFFICE OF GREAT START

 

 

 

Full-time equated classified positions

66.0

 

 

Child development and care contracted services

 

 

12,400,000

Child development and care external support

 

 

30,673,600

Child development and care public assistance

 

 

199,080,000


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Head start collaboration office--FTE

1.0

 

318,700

Office of great start operations--FTEs

65.0

 

13,468,700

T.E.A.C.H. Early Childhood Michigan scholarship program

 

 

5,000,000

GROSS APPROPRIATION

 

$

260,941,000

Appropriated from:

 

 

 

Federal revenues:

 

 

 

Federal revenues

 

 

220,306,000

Special revenue funds:

 

 

 

Private foundations

 

 

250,000

Certification fees

 

 

64,600

State general fund/general purpose

 

$

40,320,400

Sec. 109. SYSTEMS, EVALUATION, AND TECHNOLOGY

 

 

 

Full-time equated classified positions

10.0

 

 

Office of systems, evaluation, and technology operations--FTEs

10.0

 

1,978,000

GROSS APPROPRIATION

 

$

1,978,000

Appropriated from:

 

 

 

Federal revenues:

 

 

 

Federal indirect revenues

 

 

138,300

Federal revenues

 

 

980,100

Special revenue funds:

 

 

 

Certification fees

 

 

10,400

State general fund/general purpose

 

$

849,200

Sec. 110. STRATEGIC PLANNING AND IMPLEMENTATION

 

 

 

Full-time equated classified positions

6.0

 

 

Strategic planning and implementation operations--FTEs

6.0

 

1,077,200


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14

15

16

17

18

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20

21

22

23

24

25

26

27

28

GROSS APPROPRIATION

 

$

1,077,200

Appropriated from:

 

 

 

Federal revenues:

 

 

 

Federal revenues

 

 

556,000

State general fund/general purpose

 

$

521,200

Sec. 111. ADMINISTRATIVE LAW SERVICES

 

 

 

Full-time equated classified positions

2.0

 

 

Administrative law operations--FTEs

2.0

 

1,416,400

GROSS APPROPRIATION

 

$

1,416,400

Appropriated from:

 

 

 

Federal revenues:

 

 

 

Federal revenues

 

 

578,200

Special revenue funds:

 

 

 

Certification fees

 

 

734,700

State general fund/general purpose

 

$

103,500

Sec. 112. ACCOUNTABILITY SERVICES

 

 

 

Full-time equated classified positions

63.6

 

 

Accountability services operations--FTEs

63.6

 

14,559,500

GROSS APPROPRIATION

 

$

14,559,500

Appropriated from:

 

 

 

Federal revenues:

 

 

 

Federal revenues

 

 

12,657,600

State general fund/general purpose

 

$

1,901,900

Sec. 113. SCHOOL SUPPORT SERVICES

 

 

 

Full-time equated classified positions

74.6

 

 

Adolescent and school health

 

 

321,400

School support services operations--FTEs

74.6

 

13,724,200

GROSS APPROPRIATION

 

$

14,045,600


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27

28

Appropriated from:

 

 

 

Federal revenues:

 

 

 

Federal revenues

 

 

12,621,800

Special revenue funds:

 

 

 

Commodity distribution fees

 

 

71,700

State general fund/general purpose

 

$

1,352,100

Sec. 114. EDUCATIONAL SUPPORTS

 

 

 

Full-time equated classified positions

82.7

 

 

Educational supports operations--FTEs

82.7

 

16,863,100

GROSS APPROPRIATION

 

$

16,863,100

Appropriated from:

 

 

 

Federal revenues:

 

 

 

Federal revenues

 

 

12,764,500

Special revenue funds:

 

 

 

Certification fees

 

 

602,400

State general fund/general purpose

 

$

3,496,200

Sec. 115. CAREER AND TECHNICAL EDUCATION

 

 

 

Full-time equated classified positions

28.0

 

 

Career and technical education operations--FTEs

28.0

 

5,382,500

GROSS APPROPRIATION

 

$

5,382,500

Appropriated from:

 

 

 

Federal revenues:

 

 

 

Federal revenues

 

 

4,012,300

State general fund/general purpose

 

$

1,370,200

Sec. 116. LIBRARY OF MICHIGAN

 

 

 

Full-time equated classified positions

33.0

 

 

Library of Michigan operations--FTEs

31.0

 

4,935,600

Library services and technology program--FTE

1.0

 

5,614,000


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7

8

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14

15

16

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21

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23

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25

26

27

28

29

Michigan eLibrary--FTE

1.0

 

1,727,700

Renaissance zone reimbursements

 

 

2,200,000

State aid to libraries

 

 

13,067,700

GROSS APPROPRIATION

 

$

27,545,000

Appropriated from:

 

 

 

Federal revenues:

 

 

 

Federal revenues

 

 

5,614,000

Special revenue funds:

 

 

 

Library fees

 

 

300,000

State general fund/general purpose

 

$

21,631,000

Sec. 117. PARTNERSHIP DISTRICT SUPPORT

 

 

 

Full-time equated classified positions

13.0

 

 

Partnership district support operations--FTEs

13.0

 

3,535,900

GROSS APPROPRIATION

 

$

3,535,900

Appropriated from:

 

 

 

Federal revenues:

 

 

 

Federal revenues

 

 

114,500

State general fund/general purpose

 

$

3,421,400

 

PART 2

PROVISIONS CONCERNING APPROPRIATIONS

FOR FISCAL YEAR 2021-2022

GENERAL SECTIONS

Sec. 201. Pursuant to section 30 of article IX of the state constitution of 1963, total state spending from state sources under part 1 for fiscal year 2021-2022 is $96,183,500.00 and state spending from state sources to be paid to local units of government for fiscal year 2021-2022 is $15,267,700.00. The itemized statement below identifies appropriations from which spending to local units


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of government will occur:

DEPARTMENT OF EDUCATION

 

 

 

Renaissance zone reimbursements

 

$

2,200,000

State aid to libraries

 

 

13,067,700

TOTAL

 

$

15,267,700

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

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

(a) "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. 204. The departments and agencies receiving appropriations in part 1 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, or it shall include placement of reports on an internet site.

Sec. 205. Funds appropriated in part 1 shall not be used for the purchase of foreign goods or services, or both, if competitively priced and of comparable quality American goods or services, or both, are available. Preference shall be given to


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goods or services, or both, manufactured or provided by Michigan businesses, if they are competitively priced and of comparable quality. In addition, preference shall be given to goods or services, or both, that are manufactured or provided by Michigan businesses owned and operated by veterans, if they are competitively priced and of comparable quality.

Sec. 206. From the funds appropriated in part 1, the state superintendent of public instruction shall take all reasonable steps to ensure businesses in deprived and depressed communities compete for and perform contracts to provide services or supplies, or both. The state superintendent of public instruction shall strongly encourage firms with which the department contracts to subcontract with certified businesses in depressed and deprived communities for services, supplies, or both.

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

(a) The dates of each travel occurrence.

(b) The total transportation and related costs of each travel occurrence, including the proportion funded with state general fund/general purpose revenues, the proportion funded with state restricted revenues, the proportion funded with federal revenues,


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and the proportion funded with other revenues.

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

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

Sec. 210. (1) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $5,000,000.00 for federal contingency funds. These funds are not available for expenditure until they have been transferred to another line item in part 1 under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.

(2) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $400,000.00 for state restricted contingency funds. These funds are not available for expenditure until they have been transferred to another line item in part 1 under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.

(3) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $250,000.00 for local


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contingency funds. These funds are not available for expenditure until they have been transferred to another line item in part 1 under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.

(4) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $1,500,000.00 for private contingency funds. These funds are not available for expenditure until they have been transferred to another line item in part 1 under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.

Sec. 211. The department and agencies receiving appropriations in part 1 shall cooperate with the department of technology, management, and budget to maintain a searchable website accessible by the public at no cost that includes, but is not limited to, all of the following for the department:

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

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

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

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

(e) Job specifications and wage rates.

Sec. 212. As a condition of receiving funds in part 1, within 14 days after the release of the executive budget recommendation, the department shall cooperate with the state budget office to provide the senate and house appropriations chairs, the chairs of the senate and house appropriations subcommittees responsible for the department budget, and the senate and house fiscal agencies


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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, 2021 and September 30, 2022.

Sec. 213. From the funds appropriated in part 1, the department shall maintain, on a publicly accessible website, a department scorecard that identifies, tracks, and regularly updates key metrics that are used to monitor and improve the department's performance. In addition, the department shall post the results of the survey required under section 235 on the department scorecard.

Sec. 214. Total authorized appropriations from all sources under part 1 for legacy costs for the fiscal year ending September 30, 2022 are estimated at $13,773,400.00. From this amount, total agency appropriations for pension-related legacy costs are estimated at $7,716,600.00. Total agency appropriations for retiree health care legacy costs are estimated at $6,056,800.00.

Sec. 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. 216. (1) As a condition of receiving funds in part 1, on a semiannual basis, the department shall report to the senate and house appropriations committees, the senate and house appropriations subcommittees on the department budget, and the senate and house fiscal agencies the following information:

(a) The number of FTEs in pay status by type of staff and


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civil service classification.

(b) A comparison by line item of the number of FTEs authorized from funds appropriated in part 1 to the actual number of FTEs employed by the department at the end of the reporting period.

(2) By March 1 of the current fiscal year, the department shall report to the senate and house appropriations committees, the senate and house appropriations subcommittees on the department budget, and the senate and house fiscal agencies the following information:

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

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

(c) Estimated net cost savings achieved by remote work.

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

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


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or institution.

Sec. 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. 221. From the funds appropriated in part 1, the department shall report no later than April 1 on each specific policy change made to implement a public act affecting the department that took effect during the prior calendar year to the senate and house appropriations committees, the senate and house subcommittees responsible for the department budget, the joint committee on administrative rules, and the senate and house fiscal agencies.

Sec. 222. Funds appropriated in part 1 shall not be used by the department or departmental agency to take disciplinary action against an employee of the department or departmental agency in the state classified civil service because the employee communicates with a member of the legislature or his or her staff, unless the communication is prohibited by law and the department or departmental agency taking disciplinary action is exercising its authority as provided by law.

Sec. 223. The department and agencies receiving appropriations in part 1 shall receive and retain copies of all reports funded from appropriations in part 1. Federal and state guidelines for short-term and long-term retention of records shall be followed. The department may electronically retain copies of reports unless


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otherwise required by federal and state guidelines.

Sec. 224. Appropriations in part 1 shall, to the extent possible by the department, not be expended until all existing work project authorization available for the same purposes is exhausted.

Sec. 225. (1) From the funds appropriated in part 1, the department shall do all of the following:

(a) Report to the house and senate appropriations committees, the house and senate fiscal agencies, the house and senate policy offices, and the state budget office any amounts of severance pay for the department director, deputy director, or other high-ranking department officials not later than 14 days after a severance agreement with the director or official is signed. The name of the director or official and the amount of severance pay must be included in the report required by this subdivision.

(b) Maintain an internet site that posts any severance pay in excess of 6 weeks of wages, regardless of the position held by the former department employee receiving severance pay.

(c) By February 1, 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 total amount of severance pay remitted to former department employees during the fiscal year ending September 30, 2021 and the total number of former department employees that were remitted severance pay during the fiscal year ending September 30, 2021.

(2) As used in this section, "severance pay" means compensation that is both payable or paid upon the termination of employment and in addition to either wages or benefits earned during the course of employment or generally applicable retirement


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benefits.

Sec. 226. From the funds appropriated in part 1, the department shall coordinate with the other departments to streamline state services and resources, reduce duplication, and increase efficiency. This includes, but is not limited to, working with the department of 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. 227. Any department, agency, board, commission, subdivision, or other executive branch entity or official of this state that receives funding under part 1 shall not do the following:

(a) Require as a condition of accessing any state services or facilities that an individual provide proof he or she has received a COVID-19 vaccine.

(b) Produce, develop, and issue a COVID-19 vaccine passport for the purpose of certifying that an individual has received a COVID-19 vaccine.

(c) Provide information of an individual's COVID-19 vaccine status to any person, company, or governmental entity for inclusion in a COVID-19 vaccine passport.

Sec. 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:


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(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. 229. As a condition of receiving funds appropriated in part 1, the department shall not submit federal accountability plans or request amendments to federal accountability plans until after notification of the content to both the house and senate appropriations committees, house and senate fiscal agencies, and the state budget director.

Sec. 230. From the funds appropriated in part 1, the department shall compile a report that identifies any new, or lack thereof, mandates required of nonpublic schools. In compiling the report, the department may consult with relevant statewide education associations in Michigan. The report compiled by the department shall indicate the type of mandate, including, but not limited to, student health, student or building safety, accountability, and educational requirements, and shall indicate whether a school has to report on the specified mandates. The report required under this section shall be completed by April 1, 2022 and transmitted to the state budget director, the house and senate appropriations subcommittees responsible for the department of education, and the senate and house fiscal agencies not later than April 15, 2022.


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Sec. 231. From the funds appropriated in part 1, the department shall collect information from all school districts, intermediate school districts, and public school academies that have not adopted any policies that were specified by section 12b of the child protection law, 1975 PA 238, MCL 722.632b, during the fiscal year ending September 30, 2020, or that adopted new policies specified by section 12b of the child protection law, 1975 PA 238, MCL 722.632b, during the fiscal year ending September 30, 2021. The information collected shall be reported to the house and senate appropriations committees, the house and senate fiscal agencies, and the state budget office. The report shall include a list of each school district, intermediate school district, and public school academy that has adopted each policy specified by section 12b of the child protection law, 1975 PA 238, MCL 722.632b.

Sec. 232. From the funds appropriated in part 1, the department shall ensure that the most recently issued report of regional in-demand occupations issued by the department of technology, management, and budget is distributed in electronic or paper form to all high schools in each school district, intermediate school district, and public school academy.

Sec. 235. (1) From the funds appropriated in part 1, the department shall administer a survey to all educators and educational related stakeholders with whom the department interacts that includes, but is not limited to, the following questions:

(a) Do you feel the department handled your situation appropriately? Why or why not?

(b) Do you feel the department has addressed your situation? Why or why not?

(c) Please provide additional feedback, if applicable.


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(2) The department shall post an updated summary of the results of the survey required in subsection (1) on the department scorecard that is required under section 213.

(3) The department shall administer the survey required in subsection (1) on an ongoing basis throughout the entire fiscal year.

Sec. 236 The department, in collaboration with the state budget office, shall prepare a report on rural transportation funding and shall submit that report to the senate and house appropriations committees by January 1, 2022. The report must include all of the following information:

(a) A description of the unique and extenuating circumstances rural school districts face in providing all students within their district with equitable transportation services.

(b) The main factors driving transportation costs for rural school districts.

(c) The transportation costs of all districts.

(d) A breakdown of the per-pupil transportation cost for all districts.

 

STATE BOARD OF EDUCATION/OFFICE OF THE SUPERINTENDENT

Sec. 301. (1) The appropriations in part 1 may be used for per diem payments to the state board for meetings at which a quorum is present or for performing official business authorized by the state board. The per diem payments shall be at a rate as follows:

(a) State board of education - president - $110.00 per day.

(b) State board of education - member other than president - $100.00 per day.

(2) A state board of education member shall not be paid a per


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diem for more than 30 days per year.

 

SPECIAL EDUCATION SERVICES

Sec. 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. 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. 402. For each student enrolled at the Michigan Schools for the Deaf and Blind, the department shall assess the intermediate school district of residence 100% of the cost of operating the student's instructional program. The amount shall exclude room and board related costs and the cost of weekend transportation between the school and the student's home.

Sec. 406. (1) From the funds appropriated in part 1, the Michigan Schools for the Deaf and Blind may promote its residential


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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. 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. 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.


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Sec. 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. 501. From the funds appropriated in part 1 for educator excellence, the department shall maintain certificate revocation/felony conviction files of educational personnel.

Sec. 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. 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. 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


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allowable under law to implement this section, or may pass along increased testing fees to teachers as allowable and appropriate.

 

SCHOOL SUPPORT SERVICES

Sec. 601. From the funds appropriated in part 1 for adolescent and school health, there is appropriated $321,400.00 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. 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.


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(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, 2022.

Sec. 702. From the funds appropriated in part 1, there is appropriated an amount not to exceed $1,000,000.00 for implementation costs associated with programs for early childhood literacy funded under section 35a of the state school aid act of 1979, 1979 PA 94, MCL 388.1635a.

 

LIBRARY OF MICHIGAN

Sec. 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.


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Sec. 804. (1) The funds appropriated in part 1 for renaissance zone reimbursements shall be used to reimburse public libraries under section 12 of the Michigan renaissance zone act, 1996 PA 376, MCL 125.2692, for taxes levied in 2021. 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. 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. 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.


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(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. 1004. From the funds appropriated in part 1 for the T.E.A.C.H. Early Childhood Michigan Scholarship Program, the department shall ensure that $5,000,000.00 is appropriated to the T.E.A.C.H. Early Childhood Michigan Scholarship Program. The program shall give preference to the following providers:

(a) Providers that currently have a great start to quality star rating or are in the process to receive a star rating.

(b) Providers that are seeking to increase their great start to quality star rating and are only restricted from receiving the increased rating because they lack employees with the proper education level.

Sec. 1007. (1) From the funds appropriated in part 1 for child development and care - external support, the department shall create progress reports that shall include, but are not limited to, the following:

(a) Both the on-site and off-site activities that are intended to improve child care provider quality and the number of times those activities are performed by the licensing consultants.

(b) How many on-site visits a single licensing consultant has made since the start of the current fiscal year.

(c) The types of on-site visits and the number of visits for


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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, 2022 and September 30, 2022.

Sec. 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. 1009. 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 150% of the federal poverty guidelines.

Sec. 1010. As a condition of receiving funds in part 1, within 10 days of the receipt of changes to the federal child care and development program, the department shall notify the house and


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senate chairpersons of the appropriations subcommittees responsible for the department budget, the house and senate fiscal agencies, and the state budget director. The notification shall include, but is not limited to:

(a) Changes to the federal matching award amount, including the amount of state resources necessary to draw down the total matching award.

(b) Changes to the amount of child care and development block grant that is awarded to this state.

(c) Any significant changes to the federal requirements on the child development and care program, indicating any new requirements that would require the appropriation of additional dollars.

Sec. 1011. (1) From the funds appropriated in part 1 for child development and care public assistance, the department shall implement a biweekly block reimbursement rate schedule through the following block segments:

(a) The block segment for a biweekly block reimbursement rate schedule for child care centers, group homes, and registered family homes, for paid part-time hours between 1 to 30 hours, shall be reimbursed at the hourly reimbursement rate.

(b) The block segment for a biweekly block reimbursement rate schedule for child care centers, group homes, and registered family homes, for paid part-time hours between 31 to 60 hours, shall be reimbursed as 60 hours.

(c) The block segment for a biweekly block reimbursement rate schedule for child care centers, group homes, and registered family homes, for paid full-time hours between 61 to 80 hours, shall be reimbursed as 80 hours.

(d) The block segment for a biweekly block reimbursement rate


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schedule for child care centers, group homes, and registered family homes, for paid full-time 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.

 

ARTICLE 4

DEPARTMENT OF ENVIRONMENT, GREAT LAKES, AND ENERGY

part 1

line-item appropriations

Sec. 101. There is appropriated for the department of environment, Great Lakes, and energy for the fiscal year ending September 30, 2022, from the following funds:

DEPARTMENT OF ENVIRONMENT, GREAT LAKES, AND ENERGY

 

 

 

APPROPRIATION SUMMARY

 

 

 

Full-time equated unclassified positions

6.0

 

 

Full-time equated classified positions

1,418.0

 

 

GROSS APPROPRIATION

 

$

604,275,600

Total interdepartmental grants and intradepartmental transfers

 

 

3,324,900

ADJUSTED GROSS APPROPRIATIONS

 

$

600,950,700

Federal revenues:

 

 

 

Total federal revenues

 

 

226,739,200

Special revenue funds:

 

 

 

Total local revenues

 

 

0

Total private revenues

 

 

1,411,200

Total other state restricted revenues

 

 

303,099,900


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State general fund/general purpose

 

$

69,700,400

Sec. 102. DEPARTMENTAL ADMINISTRATION AND SUPPORT

 

 

 

Full-time equated unclassified positions

6.0

 

 

Full-time equated classified positions

106.0

 

 

Unclassified salaries--FTE positions

6.0

$

853,700

Accounting service center

 

 

1,463,500

Administrative hearings officers

 

 

910,000

Environmental investigations--FTEs

12.0

 

2,549,100

Environmental support--FTEs

56.0

 

8,379,400

Environmental support projects

 

 

6,000,000

Executive direction--FTEs

14.0

 

2,340,200

Facilities management

 

 

1,000,000

Financial support--FTEs

24.0

 

3,471,200

Property management

 

 

8,715,500

GROSS APPROPRIATION

 

$

35,682,600

Appropriated from:

 

 

 

Interdepartmental grant revenues:

 

 

 

IDG from department of state police

 

 

87,400

IDG from state transportation department

 

 

122,600

Federal revenues:

 

 

 

Federal funds

 

 

604,700

Special revenue funds:

 

 

 

Private funds

 

 

750,800

Air emissions fees

 

 

989,600

Aquatic nuisance control fund

 

 

88,000

Campground fund

 

 

29,400

Cleanup and redevelopment fund

 

 

2,212,900


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Electronic waste recycling fund

 

 

42,800

Environmental education fund

 

 

196,400

Environmental pollution prevention fund

 

 

589,200

Fees and collections

 

 

25,100

Financial instruments

 

 

8,824,100

Great Lakes protection fund

 

 

48,200

Groundwater discharge permit fees

 

 

143,200

Infrastructure construction fund

 

 

5,300

Laboratory services fees

 

 

580,800

Land and water permit fees

 

 

225,700

Medical waste emergency response fund

 

 

42,800

Metallic mining surveillance fee revenue

 

 

10,700

Mineral well regulatory fee revenue

 

 

10,700

Nonferrous metallic mineral surveillance

 

 

51,000

NPDES fees

 

 

409,400

Oil and gas regulatory fund

 

 

833,800

Orphan well fund

 

 

98,900

Public swimming pool fund

 

 

58,900

Public utility assessments

 

 

682,200

Public water supply fees

 

 

432,600

Refined petroleum fund

 

 

3,552,600

Renew Michigan fund

 

 

3,098,600

Sand extraction fee revenue

 

 

10,600

Scrap tire regulatory fund

 

 

236,400

Septage waste program fund

 

 

48,200

Settlement funds

 

 

1,000,000

Sewage sludge land application fee

 

 

80,300


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Soil erosion and sedimentation control training fund

 

 

13,400

Solid waste management fund - staff account

 

 

1,138,500

Stormwater permit fees

 

 

204,600

Strategic water quality initiatives fund

 

 

114,600

Underground storage tank cleanup fund

 

 

272,900

Wastewater operator training fees

 

 

51,000

Water pollution control revolving fund

 

 

61,000

Water use reporting fees

 

 

23,800

State general fund/general purpose

 

$

7,578,900

Sec. 103. OFFICE OF THE GREAT LAKES

 

 

 

Full-time equated classified positions

15.0

 

 

Great Lakes restoration initiative--FTEs

9.0

$

7,591,300

Office of the Great Lakes--FTEs

6.0

 

822,500

GROSS APPROPRIATION

 

$

8,413,800

Appropriated from:

 

 

 

Federal revenues:

 

 

 

Federal funds

 

 

7,617,300

Special revenue funds:

 

 

 

Great Lakes protection fund

 

 

505,000

State general fund/general purpose

 

$

291,500

Sec. 104. WATER RESOURCES DIVISION

 

 

 

Full-time equated classified positions

321.0

 

 

Aquatic nuisance control program--FTEs

6.0

$

958,800

Coastal management grants--FTEs

7.0

 

2,512,600

Dam safety grant program

 

 

1,000,000

Expedited water/wastewater permits--FTE

1.0

 

51,200


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Federal - Great Lakes remedial action plan grants

 

 

583,800

Federal - nonpoint source water pollution grants

 

 

4,083,300

Fish contaminant monitoring

 

 

316,100

Great Lakes restoration initiative

 

 

3,608,200

Groundwater discharge permit program--FTEs

22.0

 

3,343,400

Land and water interface permit programs--FTEs

84.0

 

12,580,300

Nonpoint source pollution prevention and control project program

 

 

2,000,000

NPDES nonstormwater program--FTEs

83.0

 

13,622,700

Program direction and project assistance--FTEs

27.0

 

3,237,500

Sewage sludge land application program--FTEs

7.0

 

892,300

Stormwater activities--FTEs

27.5

 

5,302,600

Surface water--FTEs

51.5

 

8,650,300

Technology advancements for water monitoring

 

 

500,000

Water quality protection grants

 

 

100,000

Water withdrawal assessment program--FTEs

5.0

 

842,900

Wetlands program

 

 

1,000,000

GROSS APPROPRIATION

 

$

65,186,000

Appropriated from:

 

 

 

Interdepartmental grant revenues:

 

 

 

IDG from state transportation department

 

 

1,332,000

Federal revenues:

 

 

 

Federal funds

 

 

26,625,200

Special revenue funds:

 

 

 

Aquatic nuisance control fund

 

 

958,800


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