FIRST CONFERENCE REPORT
The Committee of Conference on the matters of difference between the two Houses concerning
Senate Bill No. 133, entitled
Recommends:
First: That the House recede from the Substitute of the House as passed by the House.
Second: That the Senate and House agree to the Substitute of the Senate as passed by the Senate, amended to read as follows:
(attached)
Third: That the Senate and House agree to the title of the bill to read as follows:
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 year ending September 30, 2016 and other fiscal years; to provide for
certain conditions on appropriations; and to provide for the expenditure of the appropriations.
_______________________ ________________________
Dave Hildenbrand Al Pscholka
_______________________ ________________________
Arlan B. Meekhof Jon Bumstead
_______________________ ________________________
Vincent Gregory Harvey Santana
Conferees for the Senate Conferees for the House
SUBSTITUTE FOR
SENATE BILL NO. 133
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 year
ending September 30, 2016 and other fiscal years; to provide for
certain conditions on appropriations; and to provide for the
expenditure of the appropriations.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
ARTICLE I
DEPARTMENT OF AGRICULTURE AND RURAL DEVELOPMENT
PART 1
LINE-ITEM APPROPRIATIONS
Sec. 101. There is appropriated for the department of
agriculture and rural development for the fiscal year ending
September 30, 2016, from the following funds:
DEPARTMENT OF AGRICULTURE AND RURAL DEVELOPMENT
APPROPRIATION SUMMARY
Full-time equated unclassified positions.......... 6.0
Full-time equated classified positions.......... 454.0
GROSS APPROPRIATION.................................... $ 86,594,000
Interdepartmental grant revenues:
IDG from LARA (LCC), liquor quality testing fees....... 216,100
IDG from MDEQ, biosolids............................... 101,200
Total interdepartmental grants and intradepartmental
transfers............................................ 317,300
ADJUSTED GROSS APPROPRIATION........................... $ 86,276,700
Federal revenues:
Department of Interior................................. 342,600
EPA, multiple grants................................... 1,092,900
HHS-FDA................................................ 2,697,700
USDA, multiple grants.................................. 6,294,700
Total federal revenues................................. 10,427,900
Special revenue funds:
Private - commodity group revenue...................... 107,300
Private - Slow-the-Spread Foundation................... 20,800
Total private revenues................................. 128,100
Agricultural preservation fund......................... 598,900
Agriculture equine industry development fund........... 4,277,500
Agriculture licensing and inspection fees.............. 4,345,500
Animal welfare fund.................................... 217,100
Commodity inspection fees.............................. 508,600
Consumer and industry food safety education fund....... 348,800
Dairy and food safety fund............................. 4,870,700
Feed control fund...................................... 971,000
Freshwater protection fund............................. 6,316,600
Gasoline inspection and testing fund................... 2,618,700
Grain dealers fee fund................................. 605,200
Horticulture fund...................................... 38,200
Industry support funds................................. 426,700
Migratory labor housing fund........................... 164,400
Nonretail liquor fees.................................. 839,900
Private forestland enhancement fund.................... 284,900
Refined petroleum fund................................. 3,874,600
Renewable fuels fund................................... 51,800
Testing fees........................................... 287,600
Weights and measures regulations fees.................. 1,000,400
Total other state restricted revenues.................. 32,647,100
State general fund/general purpose..................... $ 43,073,600
State general fund/general purpose schedule:
Ongoing state general fund/general
purpose............................................. $ 41,873,600
One-time state general fund/general
purpose............................................. $ 1,200,000
Sec. 102. DEPARTMENTWIDE
Full-time equated unclassified positions.......... 6.0
Full-time equated classified positions........... 28.0
Commissions and boards................................. $ 23,800
Unclassified positions--6.0 FTE positions.............. 532,600
Executive direction--9.0 FTE positions................. 1,376,100
Operational services--15.0 FTE positions............... 1,736,700
Statistical reporting service--1.0 FTE position........ 150,400
Emergency management--3.0 FTE positions................ 600,300
Accounting service center.............................. 1,115,900
Building occupancy charges............................. 625,300
GROSS APPROPRIATION.................................... $ 6,161,100
Appropriated from:
Federal revenues:
HHS-FDA................................................ 324,100
Special revenue funds:
Private - commodity group revenue...................... 77,400
Agricultural preservation fund......................... 15,100
Agriculture licensing and inspection fees.............. 293,200
Dairy and food safety fund............................. 384,400
Freshwater protection fund............................. 22,300
Gasoline inspection and testing fund................... 74,000
Grain dealers fee fund................................. 7,300
Industry support funds................................. 52,800
Migratory housing fund................................. 26,200
Nonretail liquor fees.................................. 27,900
Refined petroleum fund................................. 220,300
State general fund/general purpose..................... $ 4,636,100
Sec. 103. INFORMATION AND TECHNOLOGY
Information technology services and projects........... $ 1,372,500
GROSS APPROPRIATION.................................... $ 1,372,500
Appropriated from:
Interdepartmental grant revenues:
IDG from LARA (LCC), liquor quality testing fees....... 3,200
Special revenue funds:
Agricultural preservation fund......................... 200
Agriculture licensing and inspection fees.............. 32,400
Freshwater protection fund............................. 100
Gasoline inspection and testing fund................... 31,400
Nonretail liquor fees.................................. 500
State general fund/general purpose..................... $ 1,304,700
Sec. 104. FOOD AND DAIRY
Full-time equated classified positions.......... 121.0
Food safety and quality assurance--91.0 FTE positions.. $ 13,537,800
Milk safety and quality assurance--30.0 FTE positions.. 4,170,600
GROSS APPROPRIATION.................................... $ 17,708,400
Appropriated from:
Federal revenues:
HHS-FDA................................................ 1,172,000
USDA, multiple grants.................................. 133,800
Special revenue funds:
Consumer and industry food safety education fund....... 348,800
Dairy and food safety fund............................. 4,486,300
State general fund/general purpose..................... $ 11,567,500
Sec. 105. ANIMAL INDUSTRY
Full-time equated classified positions........... 60.0
Animal disease prevention and response--60.0 FTE
positions............................................ $ 8,881,000
Indemnification - livestock depredation................ 50,000
GROSS APPROPRIATION.................................... $ 8,931,000
Appropriated from:
Federal revenues:
HHS-FDA................................................ 65,600
USDA, multiple grants.................................. 518,600
Special revenue funds:
Private commodity group revenue........................ 29,900
Agriculture licensing and inspection fees.............. 48,900
Animal welfare fund.................................... 217,100
State general fund/general purpose..................... $ 8,050,900
Sec. 106. PESTICIDE AND PLANT PEST MANAGEMENT
Full-time equated classified positions........... 85.0
Pesticide and plant pest management--80.0 FTE
positions............................................ $ 13,271,100
Producer security/grain dealers--5.0 FTE positions..... 643,800
GROSS APPROPRIATION.................................... $ 13,914,900
Appropriated from:
Federal revenues:
Department of Interior................................. 222,000
EPA, multiple grants................................... 319,700
HHS-FDA................................................ 524,300
USDA, multiple grants.................................. 829,800
Special revenue funds:
Private - Slow-the-Spread Foundation................... 20,800
Agriculture licensing and inspection fees.............. 3,893,600
Commodity inspection fees.............................. 508,600
Feed control fund...................................... 971,000
Freshwater protection fund............................. 151,400
Grain dealers fee fund................................. 597,900
Horticulture fund...................................... 38,200
Industry support funds................................. 242,300
State general fund/general purpose..................... $ 5,595,300
Sec. 107. ENVIRONMENTAL STEWARDSHIP
Full-time equated classified positions........... 55.0
Environmental stewardship - MAEAP--23.0 FTE positions.. $ 9,128,500
Farmland and open space preservation--7.0 FTE
positions............................................ 905,200
Qualified forest program--9.0 FTE positions............ 2,682,500
Commercial forestry audit program...................... 300,000
Migrant labor housing--9.0 FTE positions............... 1,186,600
Right-to-farm--3.0 FTE positions....................... 567,900
Intercounty drain--4.0 FTE positions................... 474,100
GROSS APPROPRIATION.................................... $ 15,244,800
Appropriated from:
Interdepartmental grant revenues:
IDG from MDEQ, biosolids............................... 101,200
Federal revenues:
Department of Interior................................. 120,600
EPA, multiple grants................................... 604,700
USDA, multiple grants.................................. 916,700
Special revenue funds:
Agricultural preservation fund......................... 583,600
Freshwater protection fund............................. 6,142,800
Migratory labor housing fund........................... 138,200
Private forestland enhancement fund.................... 284,900
State general fund/general purpose..................... $ 6,352,100
Sec. 108. LABORATORY PROGRAM
Full-time equated classified positions........... 90.0
Laboratory services--37.0 FTE positions................ $ 5,322,000
USDA monitoring--13.0 FTE positions.................... 1,596,700
Consumer protection program--40.0 FTE positions........ 6,072,200
GROSS APPROPRIATION.................................... $ 12,990,900
Appropriated from:
Interdepartmental grant revenues:
IDG from LARA (LCC), liquor quality testing fees....... 212,900
Federal revenues:
EPA, multiple grants................................... 168,500
HHS-FDA................................................ 611,700
USDA, multiple grants.................................. 1,597,600
Special revenue funds:
Agriculture equine industry development fund........... 610,300
Agriculture licensing and inspection fees.............. 77,400
Gasoline inspection and testing fund................... 2,513,300
Refined petroleum fund................................. 3,654,300
Renewable fuels fund................................... 51,800
Testing fees........................................... 287,600
Weights and measures regulation fees................... 1,000,400
State general fund/general purpose..................... $ 2,205,100
Sec. 109. AGRICULTURE DEVELOPMENT
Full-time equated classified positions........... 14.0
Agriculture development--11.0 FTE positions............ $ 3,576,700
Grape and wine program--3.0 FTE positions.............. 856,500
Rural development value-added grants................... 650,000
GROSS APPROPRIATION.................................... $ 5,083,200
Appropriated from:
Federal revenues:
USDA, multiple grants.................................. 2,298,200
Special revenue funds:
Industry support funds................................. 131,600
Nonretail liquor fees.................................. 811,500
State general fund/general purpose..................... $ 1,841,900
Sec. 110. FAIRS AND EXPOSITIONS
Full-time equated classified positions............ 1.0
Fairs and racing--1.0 FTE position..................... $ 256,600
Shows and expositions.................................. 20,000
County fairs capital improvement grants................ 300,000
Purses and supplements - fairs/licensed tracks......... 708,300
Licensed tracks - light horse racing................... 40,300
Light horse racing - breeders' awards.................. 20,000
Standardbred purses and supplements - licensed tracks.. 671,800
Standardbred breeders' awards.......................... 345,900
Standardbred sire stakes............................... 275,000
Thoroughbred supplements - licensed tracks............. 601,900
Thoroughbred breeders' awards.......................... 448,600
Thoroughbred sire stakes............................... 298,800
GROSS APPROPRIATION.................................... $ 3,987,200
Appropriated from:
Special revenue funds:
Agriculture equine industry development fund........... 3,667,200
State general fund/general purpose..................... $ 320,000
Sec. 111. ONE-TIME BASIS ONLY
Rural development value-added grants................... $ 550,000
Tree fruit research grants............................. 500,000
Geagley laboratory..................................... 150,000
GROSS APPROPRIATION.................................... $ 1,200,000
Appropriated from:
State general fund/general purpose..................... $ 1,200,000
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
FOR FISCAL YEAR 2015-2016
GENERAL SECTIONS
Sec. 201. Pursuant to section 30 of article IX of the state
constitution of 1963, total state spending from state resources
under part 1 for fiscal year 2015-2016 is $75,720,700.00 and state
spending from state resources to be paid to local units of
government for fiscal year 2015-2016 is $4,750,000.00. The itemized
statement below identifies appropriations from which spending to
local units of government will occur:
DEPARTMENT OF AGRICULTURE AND RURAL DEVELOPMENT
MAEAP environmental stewardship........................ $ 3,250,000
Qualified forest program............................... 1,500,000
TOTAL.................................................. $ 4,750,000
Sec. 202. The appropriations authorized under part 1 and this
part are subject to the management and budget act, 1984 PA 431, MCL
18.1101 to 18.1594.
Sec. 203. As used in part 1 and this part:
(a) "Department" means the department of agriculture and rural
development.
(b) "Director" means the director of the department.
(c) "EPA" means the United States Environmental Protection
Agency.
(d) "Fiscal agencies" means the Michigan house fiscal agency
and the Michigan senate fiscal agency.
(e) "FTE" means full-time equated.
(f) "HHS-FDA" means the United States Department of Health and
Human Services - Food and Drug Administration.
(g) "IDG" means interdepartmental grant.
(h) "LARA" means the Michigan department of licensing and
regulatory affairs.
(i) "LCC" means the Michigan liquor control commission.
(j) "MAEAP" means the Michigan agriculture environmental
assurance program.
(k) "MDEQ" means the Michigan department of environmental
quality.
(l) "MDNR" means the Michigan department of natural resources.
(m) "MOU" means memorandum of understanding.
(n) "Subcommittees" means all members of the subcommittees of
the house and senate appropriations committees with jurisdiction
over the budget for the department.
(o) "TB" means tuberculosis.
(p) "USDA" means the United States Department of Agriculture.
Sec. 205. In addition to the metrics required under section
447 of the management and budget act, 1984 PA 431, MCL 18.1447, for
each new program or program enhancement for which funds in excess
of $500,000.00 are appropriated in part 1, the department shall
provide not later than November 1, 2015 a list of program-specific
metrics intended to measure its performance based on a return on
taxpayer investment. The department shall deliver the program-
specific metrics to members of the senate and house subcommittees
that have subject matter jurisdiction for this budget, fiscal
agencies, and the state budget director. The department shall
provide an update on its progress in tracking program-specific
metrics and the status of program success at an appropriations
subcommittee meeting called for by the subcommittee chair.
Sec. 206. (1) In addition to the funds appropriated in part 1,
there is appropriated an amount not to exceed $5,000,000.00 for
federal contingency funds. These funds are not available for
expenditure until they have been transferred to another line item
in part 1 under section 393(2) of the management and budget act,
1984 PA 431, MCL 18.1393.
(2) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $6,000,000.00 for state
restricted contingency funds. These funds are not available for
expenditure until they have been transferred to another line item
in part 1 under section 393(2) of the management and budget act,
1984 PA 431, MCL 18.1393.
(3) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $100,000.00 for local
contingency funds. These funds are not available for expenditure
until they have been transferred to another line item in part 1
under section 393(2) of the management and budget act, 1984 PA 431,
MCL 18.1393.
(4) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $100,000.00 for private
contingency funds. These funds are not available for expenditure
until they have been transferred to another line item in part 1
under section 393(2) of the management and budget act, 1984 PA 431,
MCL 18.1393.
Sec. 207. The department shall cooperate with the department
of technology, management, and budget to maintain a searchable
website accessible by the public at no cost that includes, but is
not limited to, all of the following:
(a) Fiscal year-to-date expenditures by category.
(b) Fiscal year-to-date expenditures by appropriation unit.
(c) Fiscal year-to-date payments to a selected vendor,
including the vendor name, payment date, payment amount, and
payment description.
(d) The number of active department employees by job
classification.
(e) Job specifications and wage rates.
Sec. 208. The departments and agencies receiving
appropriations in part 1 shall use the Internet to fulfill the
reporting requirements of this part. This requirement may include
transmission of reports via electronic mail to the recipients
identified for each reporting requirement, or it may include
placement of reports on an Internet or intranet site.
Sec. 209. Funds appropriated in part 1 shall not be used for
the purchase of foreign goods or services, or both, if
competitively priced and of comparable quality American goods or
services, or both, are available. Preference shall be given to
goods or services, or both, manufactured or provided by Michigan
businesses, if they are competitively priced and of comparable
quality. In addition, preference shall be given to goods or
services, or both, that are manufactured or provided by Michigan
businesses owned and operated by veterans, if they are
competitively priced and of comparable quality.
Sec. 210. The director shall take all reasonable steps to
ensure businesses in deprived and depressed communities compete for
and perform contracts to provide services or supplies, or both.
Each director shall strongly encourage firms with which the
department contracts to subcontract with certified businesses in
depressed and deprived communities for services, supplies, or both.
Sec. 212. The department and agencies receiving appropriations
in part 1 shall receive and retain copies of all reports funded
from appropriations in part 1. Federal and state guidelines for
short-term and long-term retention of records shall be followed.
The department may electronically retain copies of reports unless
otherwise required by federal and state guidelines.
Sec. 215. The department shall not take disciplinary action
against an employee for communicating with a member of the
legislature or his or her staff.
Sec. 218. The departments and agencies receiving
appropriations in part 1 shall prepare a report on out-of-state
travel expenses not later than January 1 of each year. The travel
report shall be a listing of all travel by classified and
unclassified employees outside this state in the immediately
preceding fiscal year that was funded in whole or in part with
funds appropriated in the department's budget. The report shall be
submitted to the house and senate appropriations committees, the
house and senate fiscal agencies, and the state budget director.
The report shall include the following information:
(a) The dates of each travel occurrence.
(b) The transportation and related costs of each travel
occurrence, including the proportion funded with state general
fund/general purpose revenues, the proportion funded with state
restricted revenues, the proportion funded with federal revenues,
and the proportion funded with other revenues.
Sec. 228. Not later than November 30, the state budget office
shall prepare and transmit a report that provides for estimates of
the total general fund/general purpose appropriation lapses at the
close of the prior fiscal year. This report shall summarize the
projected year-end general fund/general purpose appropriation
lapses by major departmental program or program areas. The report
shall be transmitted to the chairpersons of the senate and house of
representatives standing committees on appropriations and the
senate and house fiscal agencies.
Sec. 229. Within 14 days after the release of the executive
budget recommendation, the department shall cooperate with the
state budget office to provide the senate and house appropriations
chairs, the senate and house appropriations subcommittees on
agriculture and rural development, respectively, and the senate and
house fiscal agencies with an annual report on estimated state
restricted fund balances, state restricted fund projected revenues,
and state restricted fund expenditures for the fiscal years ending
September 30, 2015 and September 30, 2016.
Sec. 230. Funds appropriated in part 1 shall not be used by a
principal executive department, state agency, or authority to hire
a person to provide legal services that are the responsibility of
the attorney general. This prohibition does not apply to legal
services for bonding activities and for those outside services that
the attorney general authorizes.
Sec. 231. The department shall maintain, on a publicly
accessible website, a department scorecard that identifies, tracks,
and regularly updates key metrics that are used to monitor and
improve the agency's performance.
Sec. 232. Total authorized appropriations from all sources
under part 1 for legacy costs for the fiscal year ending September
30, 2016 is $12,751,500.00. From this amount, total agency
appropriations for pension-related legacy costs are estimated at
$7,237,000.00. Total agency appropriations for retiree health care
legacy costs are estimated at $5,513,800.00.
DEPARTMENTWIDE
Sec. 301. (1) Pursuant to the appropriations in part 1, the
department may receive and expend revenue and use that revenue to
cover necessary expenses related to publications, audit and
licensing functions, livestock sales, certification of nursery
stock, and laboratory analyses as specified in the following:
(a) Management services publications.
(b) Management services audit and licensing functions.
(c) Pesticide and plant pest management propagation and
certification of virus-free foundation stock.
(d) Pesticide and plant pest management grading services.
(e) Laboratory support testing for testing horses in draft
horse pulling contests at county fairs when local jurisdictions
request state assistance.
(f) Laboratory support analyses to determine foreign
substances in horses engaged in racing or pulling contests at
tracks.
(g) Laboratory support analyses of food, livestock, and
agricultural products for disease, foreign products for disease,
toxic materials, foreign substances, and quality standards.
(h) Laboratory support test samples for other agencies and
organizations.
(i) Fruit and vegetable inspection at shipping and termination
points and processing plants.
(2) The department shall notify the subcommittees and the
fiscal agencies 30 days prior to proposing changes in fees
authorized under this section or under section 5 of 1915 PA 91, MCL
285.35.
(3) Annually, before February 1, the department shall provide
a report to the subcommittees and the fiscal agencies 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. Of the funds appropriated in part 1 that are other
than line-item grants, the department shall not provide grants to
local government agencies, institutions of higher education, or
nonprofit organizations unless the department provides notice of
the grant to the subcommittees and fiscal agencies at least 10 days
before the grant is issued. The grants shall be used to support
research or other related activities for the purpose of enhancing
the agricultural industries in this state.
Sec. 303. It is the intent of the legislature that the
department use revenue from licensing and inspection fees to
increase the use of technology in licensing and inspection
activities to make licensing and inspection functions, including
reporting, more efficient. The department shall work to ensure that
all license and registration applications can be completed online
through a secure web portal.
FOOD AND DAIRY
Sec. 402. The department shall provide information on
significant food-borne outbreaks and emergencies, including any
enforcement actions taken related to food safety during the
immediately preceding fiscal year in the food and dairy annual
report and post that report on the department's website no later
than April 1. The department shall provide electronic notification
of where the report can be found on the department's website to the
appropriation subcommittees, fiscal agencies, and state budget
office.
ANIMAL INDUSTRY
Sec. 451. From the funds appropriated in part 1 for bovine
tuberculosis, the department shall pay for all whole herd testing
costs and individual animal testing costs in the modified
accredited zone to maintain split-state status requirements. These
costs include indemnity and compensation for injury causing death
or downer to animals.
Sec. 453. (1) Of the funds appropriated in part 1, the
department may provide for indemnity as provided for pursuant to
the animal industry act, 1988 PA 466, MCL 287.701 to 287.746, not
to exceed $100,000.00 per order from any line item for the current
fiscal year. Before the department provides for an indemnification
under this section, the department shall report the reason for the
indemnification, the amount of the indemnification, and to whom the
indemnification is to be paid. The report shall be given to the
subcommittees and the fiscal agencies.
(2) The department of agriculture and rural development shall
make an indemnification payment for the fair market value of
livestock killed by a wolf, coyote, or cougar, if the kill is
verified by the department of natural resources. The fair market
value of the livestock shall be determined pursuant to the
indemnification procedures prescribed in the animal industry act,
1988 PA 466, MCL 287.701 to 287.746.
(3) The funds appropriated in part 1 for indemnification -
livestock depredation are appropriated for indemnification payments
and related department costs under subsection (2). On or before
March 1 of the current fiscal year, the department shall report to
the subcommittees and the fiscal agencies on costs incurred in the
previous 2 fiscal years for indemnification payments to producers
made under subsection (2) and related department costs.
Sec. 454. The department shall use its resources to
collaborate with the USDA to monitor bovine TB, consistent with the
May 2014 memorandum of understanding between the department and the
USDA.
Sec. 456. Of the funds appropriated in part 1, no funds shall
be used to enforce the mandatory electronic animal identification
program for any domestic animals other than cattle until specific
procedures and guidelines for electronic animal identification are
outlined in statute.
Sec. 457. On or before October 15 of the current fiscal year
and on a quarterly basis thereafter, the department shall report to
the senate and house agriculture committees, the subcommittees, and
the fiscal agencies on the department's progress toward meeting the
USDA requirements as outlined in the March 2007 bovine TB program
review. The report shall include, but is not limited to,
information and data on: wildlife risk mitigation plan
implementation in the modified accredited zone; implementation of a
movement certificate process; progress toward annual surveillance
test requirements set out in the June 2007 MOU; efforts to work
with slaughter facilities in Michigan, as well as those that
slaughter a significant number of animals from Michigan;
educational programs and information for Michigan's livestock
community; any other item the legislature should be aware of that
will promote or hinder efforts to achieve bovine TB-free status for
Michigan.
Sec. 458. From the funds appropriated in part 1 for animal
industry, the department shall provide inspection and testing of
aquaculture facilities and aquaculture researchers as provided
under section 7 of the Michigan aquaculture development act, 1996
PA 199, MCL 286.877. It is the intent of the legislature that the
department shall work with aquaculture facilities and aquaculture
researchers to identify, contain, and eradicate viral hemorrhagic
septicemia in this state.
Sec. 459. It is the intent of the legislature that the
department shall not conduct whole herd bovine TB testing on any 1
herd in a TB-free zone more often than every 4 years or re-test
until all other herds in their county have been tested, unless
involved in an epidemiological investigation, there is an outbreak
within a 10-radius-mile area, or is not on a verified wildlife risk
mitigated premises. If there is an outbreak within a 10 radius mile
area, protocols outlined by the current memorandum of understanding
with the USDA shall be used.
ENVIRONMENTAL STEWARDSHIP
Sec. 601. The funds appropriated in part 1 for environmental
stewardship/MAEAP shall be used to support department agriculture
pollution prevention programs, including groundwater and freshwater
protection programs under part 87 of the Michigan natural resources
and environmental protection act, 1994 PA 451, MCL 324.8701 to
324.8717, and technical assistance in implementing conservation
grants available under the federal farm bill of 2014.
Sec. 604. (1) Federal revenues authorized by and available
from the federal government in excess of the appropriation in part
1 under section 107 are appropriated and may be received and
expended by the department for purposes authorized under state law
and subject to federal requirements.
(2) The department shall notify the subcommittees and fiscal
agencies prior to expending federal revenues received and
appropriated under subsection (1).
Sec. 608. (1) The appropriations in part 1 for qualified
forest affidavit program are for the purpose of increasing the
knowledge of nonindustrial private forestland owners of sound
forest management practices and increasing the amount of commercial
timber production from those lands.
(2) The department shall work in partnership with stakeholder
groups and other state and federal agencies to increase the active
management of nonindustrial private forestland to foster the growth
of Michigan's timber product industry.
Sec. 609. (1) From the appropriation in part 1 for commercial
forestry audit program, the department shall develop an analysis
and audit of forestry best management practices for water quality
and the related forest ecosystem, including native plant and animal
species and wildlife habitat. The analysis and audit shall have a
statewide perspective. The best management practices audit shall be
performed by an audit team composed of qualified professionals,
including, but not limited to, the department, the department of
environmental quality, university faculty, and conservation groups.
(2) At the close of the fiscal year, the unexpended portion of
the commercial forestry audit program is considered a work project
appropriation in accordance with section 451a of the management and
budget act, 1984 PA 431, MCL 18.1451a.
(3) At the completion of the analysis and audit, the
department shall provide a report to the house and senate
appropriations subcommittees on agriculture and rural development,
and the house and senate fiscal agencies, describing the results of
the analysis and audit.
Sec. 610. Of the amount appropriated in part 1 from the
freshwater protection fund, the department shall use not more than
$500,000.00 for replacement of the data system for the MAEAP
program.
AGRICULTURE DEVELOPMENT
Sec. 701. (1) The department shall establish and administer a
rural development value-added grant program. The program shall
promote the expansion of value-added agricultural production,
processing, and access within the state.
(2) In addition to the funds appropriated in part 1, the
department of agriculture and rural development may receive and
expend funds received from outside sources for rural development
value-added grants.
(3) The department shall award grants on a competitive basis
from the funds appropriated in part 1 for rural development value-
added grants. Grantees will be required to provide a cash match and
identify measurable project outcomes. Eligible grantees may
include, but are not limited to, individuals, partnerships,
cooperatives, private or public corporations, and local units of
government. Grantees will be required to identify measurable
project outcomes.
(4) A joint evaluation committee shall be selected by the
director with representatives with agriculture, business, and
economic development expertise. The joint evaluation committee
shall identify criteria, evaluate applications, and provide
recommendations to the director for final approval of grant awards.
(5) The department may expend money from the funds
appropriated in part 1 for the rural development value-added grants
for administering the program.
(6) The unexpended portion of the rural development value-
added grant program is considered a work project appropriation in
accordance with the management and budget act, 1984 PA 431, MCL
18.1101 to 18.1594.
(7) The department shall provide an interim report no later
than March 15 of the current fiscal year and a year-end report no
later than September 30 of the current fiscal year to the
subcommittees and the fiscal agencies, including the grantees,
award amount, match funding, and project outcomes.
Sec. 706. On or before April 1, the department shall report to
the house and senate appropriations subcommittees on agriculture
and rural development, and the house and senate fiscal agencies, on
the department's agriculture development and export market
development activities. The report shall include the following
information on agriculture industry, rural development, and
strategic growth grants awarded during the prior fiscal year:
(a) The name of the grantee.
(b) The amount of the grant.
(c) The purpose of the grant, including measurable outcomes.
(d) Additional state, federal, private, or local funds
contributed to the grant project.
(e) The completion date of grant-funded activities.
Sec. 709. (1) Not later than April 1 of the current fiscal
year, the department shall provide a report to the subcommittees
and the fiscal agencies describing the activities of the grape and
wine industry council established under section 303 of the Michigan
liquor control code of 1998, 1998 PA 58, MCL 436.1303.
(2) The report shall include all of the following:
(a) Council activities and accomplishments for the previous
fiscal year.
(b) Council expenditures for the previous fiscal year by
category of administration, industry support, research and
education grants, and promotion and consumer education.
(c) Grants awarded during the previous fiscal year and the
results of research grant projects completed during the previous
fiscal year.
FAIRS AND EXPOSITIONS
Sec. 801. All appropriations from the agriculture equine
industry development fund shall be spent on equine-related
purposes. No funds from the agriculture equine industry development
fund shall be expended for nonequine-related purposes without prior
approval of the legislature.
Sec. 802. All appropriations from the agriculture equine
industry development fund, except for the Michigan gaming control
board's regulatory expenses and the department's expenses to
administer horse racing programs and laboratory analysis, shall be
reduced proportionately if revenues to the agriculture equine
industry development fund decline during the preceding fiscal year
to a level lower than the amounts appropriated in part 1.
Sec. 804. It is the intent of the legislature that the
Michigan gaming control board shall use actual expenditure data in
determining the actual regulatory costs of conducting racing dates
and shall provide that data to the senate and house of
representatives appropriations subcommittees on agriculture and
rural development and general government and the fiscal agencies by
November 1 of the current fiscal year. The Michigan gaming control
board shall not be reimbursed for more than the actual regulatory
cost of conducting race dates. If a certified horsemen's
organization funds more than the actual regulatory cost, the
balance shall remain in the agriculture equine industry development
fund to be used to fund subsequent race dates conducted by race
meeting licensees with which the certified horsemen's organization
has contracts. If a certified horsemen's organization funds less
than the actual regulatory costs of the additional horse racing
dates, the Michigan gaming control board shall reduce the number of
future race dates conducted by race meeting licensees with which
the certified horsemen's organization has contracts. Prior to the
reduction in the number of authorized race dates due to budget
deficits, the executive director of the Michigan gaming control
board shall provide notice to the certified horsemen's
organizations with an opportunity to respond with alternatives. In
determining actual costs, the Michigan gaming control board shall
take into account that each specific breed may require different
regulatory mechanisms.
Sec. 805. (1) The department shall establish and administer a
county fairs capital improvement grant program. The program shall
assist in the promotion of building improvements or other capital
improvements at county fairgrounds of the state.
(2) The department shall award grants on a competitive basis
to county fair organizations from the funds appropriated in part 1
for county fairs capital improvements grants. Grantees will be
required to provide a dollar-for-dollar cash match with grant
awards and identify measurable project outcomes.
(3) The department shall identify criteria, evaluate
applications, and provide recommendations to the director for final
approval of grant awards.
(4) The department may expend money from the funds
appropriated in part 1 for the county fairs capital improvement
grants for administering the program.
(5) The unexpended portion of the county fairs capital
improvement grant program is considered a work project
appropriation in accordance with the management and budget act,
1984 PA 431, MCL 18.1101 to 18.1594.
(6) The department shall provide a year-end report no later
than December 1, 2016 to the subcommittees and the fiscal agencies,
including the grantees, award amount, match funding, and project
outcomes.
Sec. 806. (1) The amount appropriated in part 1 for shows and
expositions shall be expended for the purpose of financial support,
promotion, prizes, and premiums of equine, livestock, and other
agricultural commodity expositions in Michigan.
(2) The department shall award grants for the purposes
stipulated in subsection (1) on a competitive basis to persons
organizing shows and expositions from the funds appropriated in
part 1 for shows and expositions. Grantees will be required to
provide a dollar-for-dollar cash match with grant awards and
identify measurable project outcomes.
(3) The department shall identify criteria, evaluate
applications, and provide recommendations to the director for final
approval of grant awards.
(4) The unexpended portion of the appropriation for shows and
expositions is considered a work project appropriation in
accordance with the management and budget act, 1984 PA 431, MCL
18.1101 to 18.1594.
(5) The department shall provide a year-end report no later
than December 1, 2016 to the subcommittees and the fiscal agencies,
including the grantees, award amount, match funding, and project
outcomes.
PART 2A
PROVISIONS CONCERNING ANTICIPATED APPROPRIATIONS
FOR FISCAL YEAR 2016-2017
GENERAL SECTIONS
Sec. 1201. It is the intent of the legislature to provide
appropriations for the fiscal year ending on September 30, 2017 for
the line items listed in part 1. The fiscal year 2016-2017
appropriations are anticipated to be the same as those for fiscal
year 2015-2016, except that the line items will be adjusted for
changes in caseload and related costs, federal fund match rates,
economic factors, and available revenue. These adjustments will be
determined after the January 2016 consensus revenue estimating
conference.
ARTICLE V
DEPARTMENT OF CORRECTIONS
PART 1
LINE-ITEM APPROPRIATIONS
Sec. 101. There is appropriated for the department of
corrections for the fiscal year ending September 30, 2016, from the
following funds:
DEPARTMENT OF CORRECTIONS
APPROPRIATION SUMMARY
Average population............................. 44,997
Full-time equated unclassified positions......... 16.0
Full-time equated classified positions....... 14,174.3
GROSS APPROPRIATION.................................... $ 1,962,226,000
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 225,000
ADJUSTED GROSS APPROPRIATION........................... $ 1,962,001,000
Federal revenues:
Total federal revenues................................. 5,568,700
Special revenue funds:
Total local revenues................................... 8,533,200
Total private revenues................................. 0
Total other state restricted revenues.................. 43,950,700
State general fund/general purpose..................... $ 1,903,948,400
Sec. 102. EXECUTIVE
Full-time equated unclassified positions......... 16.0
Full-time equated classified positions........... 20.0
Unclassified positions--16.0 FTE positions............. $ 1,750,000
Executive direction--20.0 FTE positions................ 4,127,100
GROSS APPROPRIATION.................................... $ 5,877,100
Appropriated from:
State general fund/general purpose..................... $ 5,877,100
Sec. 103. PRISONER REENTRY AND COMMUNITY SUPPORT
Full-time equated classified positions.......... 339.4
Prisoner reentry local service providers............... $ 13,208,600
Prisoner reentry MDOC programs......................... 11,124,000
Prisoner reentry federal grants........................ 250,000
Public safety initiative............................... 4,500,000
Reentry services--67.0 FTE positions................... 14,391,700
Education program--272.4 FTE positions................. 35,852,400
Community corrections comprehensive plans and services. 12,158,000
Felony drunk driver jail reduction and community
treatment program.................................... 1,440,100
Residential services................................... 15,475,500
Goodwill Flip the Script............................... 2,000,000
GROSS APPROPRIATION.................................... $ 110,400,300
Appropriated from:
Federal revenues:
DOJ, prisoner reintegration............................ 250,000
DED-vocational education equipment..................... 152,200
DED-OESE, title I...................................... 899,400
DED-OVAE, adult education.............................. 353,400
DED-OSERS.............................................. 115,200
DED, youthful offender/Specter grant................... 201,900
Special revenue funds:
Program and special equipment fund..................... 8,982,900
State general fund/general purpose..................... $ 99,445,300
Sec. 104. BUDGET AND OPERATIONS ADMINISTRATION
Full-time equated classified positions.......... 172.0
Budget and operations administration--172.0 FTE
positions............................................ $ 21,946,100
New custody staff training............................. 9,079,500
Compensatory buyout and union leave bank............... 100
Worker's compensation.................................. 14,149,000
Rent................................................... 2,349,100
Equipment and special maintenance...................... 4,359,600
Administrative hearings officers....................... 3,326,400
Judicial data warehouse user fees...................... 50,000
Sheriffs' coordinating and training office............. 100,000
Prosecutorial and detainer expenses.................... 5,001,000
County jail reimbursement program...................... 13,597,100
GROSS APPROPRIATION.................................... $ 73,957,900
Appropriated from:
Special revenue funds:
Jail reimbursement program fund........................ 5,900,000
Program and special equipment fund..................... 2,800,000
Local corrections officer training fund................ 100,000
Correctional industries revolving fund................. 600,500
State general fund/general purpose..................... $ 64,557,400
Sec. 105. FIELD OPERATIONS ADMINISTRATION
Full-time equated classified positions........ 1,920.9
Field operations--1,887.9 FTE positions................ $ 209,458,800
Parole board operations--33.0 FTE positions............ 3,734,900
Parole/probation services.............................. 940,000
Parole sanction certainty pilot program................ 500,000
GROSS APPROPRIATION.................................... $ 214,633,700
Appropriated from:
Special revenue funds:
Local - community tether program reimbursement......... 200,900
Reentry center offender reimbursements................. 23,800
Parole and probation oversight fees.................... 4,331,900
Parole and probation oversight fees set-aside.......... 940,000
Tether program participant contributions............... 2,426,700
State general fund/general purpose..................... $ 206,710,400
Sec. 106. CORRECTIONAL FACILITIES ADMINISTRATION
Full-time equated classified positions.......... 469.0
Correctional facilities administration--22.0 FTE
positions............................................ $ 6,259,000
Prison food service.................................... 52,558,900
Transportation--208.0 FTE positions.................... 23,752,200
Central records--53.0 FTE positions.................... 5,591,800
Inmate legal services.................................. 790,900
Housing inmates in federal institutions................ 611,000
Prison store operations--63.0 FTE positions............ 5,649,200
Prison industries operations--123.0 FTE positions...... 9,977,900
Federal school lunch program........................... 812,800
Leased beds and alternatives to leased beds............ 5,250,000
Public works programs.................................. 1,000,000
Cost-effective housing initiative...................... 100
Inmate housing fund.................................... 100
GROSS APPROPRIATION.................................... $ 112,253,900
Appropriated from:
Interdepartmental grant revenues:
IDG-MDHHS, Maxey/Woodland Center food service.......... 225,000
Federal revenues:
DAG-FNS, national school lunch......................... 812,800
DOJ-BOP, federal prisoner reimbursement................ 411,000
DOJ, prison rape elimination act grant................. 659,500
SSA-SSI, incentive payment............................. 268,000
Special revenue funds:
Correctional industries revolving fund................. 9,977,900
Public works user fees................................. 1,000,000
Resident stores........................................ 5,649,200
State general fund/general purpose..................... $ 93,250,500
Sec. 107. HEALTH CARE
Full-time equated classified positions........ 1,484.9
Prisoner health care services.......................... $ 75,180,400
Vaccination program.................................... 691,200
Interdepartmental grant to health and human
services, eligibility specialists.................... 100,000
Healthy Michigan plan administration--12.0 FTE
positions............................................ 1,076,000
Substance abuse testing and treatment services--11.0
FTE positions........................................ 21,791,300
Clinical and mental health services and
support--1,461.9 FTE positions....................... 195,566,900
GROSS APPROPRIATION.................................... $ 294,405,800
Appropriated from:
Federal revenues:
DOJ, Office of Justice Programs, RSAT.................. 185,400
Federal revenues and reimbursements.................... 247,900
Special revenue funds:
Prisoner health care copayments........................ 252,700
State general fund/general purpose..................... $ 293,719,800
Sec. 108. CORRECTIONAL FACILITIES
Average population............................. 44,997
Full-time equated classified positions........ 9,768.1
Alger Correctional Facility - Munising--260.2 FTE
positions............................................ $ 29,943,600
Baraga Correctional Facility - Baraga--295.8 FTE
positions............................................ 34,636,600
Bellamy Creek Correctional Facility - Ionia--389.2
FTE positions........................................ 42,754,300
Earnest C. Brooks Correctional Facility -
Muskegon--442.9 FTE positions........................ 49,684,800
Carson City Correctional Facility - Carson
City--424.4 FTE positions............................ 47,371,800
Central Michigan Correctional Facility - St.
Louis--391.6 FTE positions........................... 45,566,600
Chippewa Correctional Facility - Kincheloe--435.1
FTE positions........................................ 49,228,800
Cooper Street Correctional Facility - Jackson--260.1
FTE positions........................................ 28,733,600
G. Robert Cotton Correctional Facility -
Jackson--390.1 FTE positions......................... 43,194,100
Detroit Detention Center--63.1 FTE positions........... 8,332,300
Detroit Reentry Center--215.6 FTE positions............ 26,772,500
Charles E. Egeler Correctional Facility -
Jackson--373.7 FTE positions......................... 43,926,700
Richard A. Handlon Correctional Facility -
Ionia--251.7 FTE positions........................... 29,037,900
Gus Harrison Correctional Facility - Adrian--441.6
FTE positions........................................ 48,151,300
Ionia Correctional Facility - Ionia--285.8 FTE
positions............................................ 32,910,300
Kinross Correctional Facility - Kincheloe--323.8 FTE
positions............................................ 35,662,100
Lakeland Correctional Facility - Coldwater--280.5
FTE positions........................................ 32,637,200
Macomb Correctional Facility - New Haven--294.8 FTE
positions............................................ 33,853,600
Marquette Branch Prison - Marquette--321.7 FTE
positions............................................ 38,368,400
Michigan Reformatory - Ionia--310.7 FTE positions...... 34,564,800
Muskegon Correctional Facility - Muskegon--205.0 FTE
positions............................................ 24,325,000
Newberry Correctional Facility - Newberry--200.1 FTE
positions............................................ 23,800,300
Oaks Correctional Facility - Eastlake--290.4 FTE
positions............................................ 33,349,500
Ojibway Correctional Facility - Marenisco--203.1 FTE
positions............................................ 22,938,500
Parnall Correctional Facility - Jackson--258.0 FTE
positions............................................ 27,508,600
Pugsley Correctional Facility - Kingsley--209.9 FTE
positions............................................ 24,354,900
Saginaw Correctional Facility - Freeland--274.9 FTE
positions............................................ 32,184,500
Special alternative incarceration program - Cassidy
Lake--119.0 FTE positions............................ 13,431,500
St. Louis Correctional Facility - St. Louis--303.6
FTE positions........................................ 35,827,900
Thumb Correctional Facility - Lapeer--284.4 FTE
positions............................................ 32,340,300
Womens Huron Valley Correctional Complex -
Ypsilanti--501.9 FTE positions....................... 58,003,600
Woodland Correctional Facility - Whitmore
Lake--285.4 FTE positions............................ 32,617,900
Northern region administration and support--48.0 FTE
positions............................................ 4,425,700
Southern region administration and support--132.0
FTE positions........................................ 24,857,000
GROSS APPROPRIATION.................................... $ 1,125,296,500
Appropriated from:
Federal revenues:
DOJ, state criminal assistance program................. 1,012,000
Special revenue funds:
Local revenues......................................... 8,332,300
State restricted fees, revenues and reimbursements..... 99,800
State general fund/general purpose..................... $ 1,115,852,400
Sec. 109. INFORMATION TECHNOLOGY
Information technology services and projects........... $ 25,400,800
GROSS APPROPRIATION.................................... $ 25,400,800
Appropriated from:
Special revenue funds:
Correctional industries revolving fund................. 175,800
Parole and probation oversight fees set-aside.......... 689,500
State general fund/general purpose..................... $ 24,535,500
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
FOR FISCAL YEAR 2015-2016
GENERAL SECTIONS
Sec. 201. Pursuant to section 30 of article IX of the state
constitution of 1963, total state spending from state resources
under part 1 for fiscal year 2015-2016 is $1,947,899,100.00 and
state spending from state resources to be paid to local units of
government for fiscal year 2015-2016 is $114,323,600.00. The
itemized statement below identifies appropriations from which
spending to local units of government will occur:
DEPARTMENT OF CORRECTIONS
Field operations - assumption of county
probation staff...................................... $ 60,402,900
Community corrections comprehensive plans
and services......................................... 12,158,000
Reentry services – intensive detention reentry program. 1,500,000
Residential services................................... 15,475,500
County jail reimbursement program...................... 13,597,100
Felony drunk driver jail reduction and
community treatment program.......................... 1,440,100
Leased beds and alternatives to leased beds............ 5,250,000
Public safety initiative............................... 4,500,000
TOTAL.................................................. $ 114,323,600
Sec. 202. The appropriations authorized under this part and
part 1 are subject to the management and budget act, 1984 PA 431,
MCL 18.1101 to 18.1594.
Sec. 203. As used in this part and part 1:
(a) "Administrative segregation" means confinement for
maintenance of order or discipline to a cell or room apart from
accommodations provided for inmates who are participating in
programs of the facility.
(b) "Cost per prisoner" means the sum total of the funds
appropriated under part 1 for the following, divided by the
projected prisoner population in fiscal year 2015-2016:
(i) Correctional facilities.
(ii) Northern and southern region administration and support.
(iii) Clinical and mental health services and support.
(iv) Prisoner health care services.
(v) Vaccination program.
(vi) Prison food service and federal school lunch program.
(vii) Transportation.
(viii) Inmate legal services.
(ix) Correctional facilities administration.
(x) Central records.
(xi) Worker's compensation.
(xii) New custody staff training.
(xiii) Prison store operations.
(xiv) Education program.
(c) "DAG" means the United States Department of Agriculture.
(d) "DAG-FNS" means the DAG Food and Nutrition Service.
(e) "DED" means the United States Department of Education.
(f) "DED-OESE" means the DED Office of Elementary and
Secondary Education.
(g) "DED-OSERS" means the DED Office of Special Education and
Rehabilitative Services.
(h) "DED-OVAE" means the DED Office of Vocational and Adult
Education.
(i) "Department" or "MDOC" means the Michigan department of
corrections.
(j) "DOJ" means the United States Department of Justice.
(k) "DOJ-BOP" means the DOJ Bureau of Prisons.
(l) "DOJ-OJP" means the DOJ Office of Justice Programs.
(m) "EPIC program" means the department's effective process
improvement and communication program.
(n) "Evidence-based practices" or "EBP" means a decision-
making process that integrates the best available research,
clinician expertise, and client characteristics.
(o) "FTE" means full-time equated.
(p) "Goal" means the intended or projected result of a
comprehensive corrections plan or community corrections program to
reduce repeat offending, criminogenic and high-risk behaviors,
prison commitment rates, to reduce the length of stay in a jail, or
to improve the utilization of a jail.
(q) "IDG" means interdepartmental grant.
(r) "Jail" means a facility operated by a local unit of
government for the physical detention and correction of persons
charged with or convicted of criminal offenses.
(s) "MDHHS" means the Michigan department of health and human
services.
(t) "MDSP" means the Michigan department of state police.
(u) "Medicaid benefit" means a benefit paid or payable under a
program for medical assistance under the social welfare act, 1939
PA 280, MCL 400.1 to 400.119b.
(v) "Objective risk and needs assessment" means an evaluation
of an offender's criminal history; the offender's noncriminal
history; and any other factors relevant to the risk the offender
would present to the public safety, including, but not limited to,
having demonstrated a pattern of violent behavior, and a criminal
record that indicates a pattern of violent offenses.
(w) "OCC" means office of community corrections.
(x) "Offender eligibility criteria" means particular criminal
violations, state felony sentencing guidelines descriptors, and
offender characteristics developed by advisory boards and approved
by local units of government that identify the offenders suitable
for community corrections programs funded through the office of
community corrections.
(y) "Offender success" means that an offender has, with the
support of the community, intervention of the field agent, and
benefit of any participation in programs and treatment, made an
adjustment while at liberty in the community such that he or she
has not been sentenced to or returned to prison for the conviction
of a new crime or the revocation of probation or parole.
(z) "Offender target population" means felons or misdemeanants
who would likely be sentenced to imprisonment in a state
correctional facility or jail, who would not likely increase the
risk to the public safety based on an objective risk and needs
assessment that indicates that the offender can be safely treated
and supervised in the community.
(aa) "Offender who would likely be sentenced to imprisonment"
means either of the following:
(i) A felon or misdemeanant who receives a sentencing
disposition that appears to be in place of incarceration in a state
correctional facility or jail, according to historical local
sentencing patterns.
(ii) A currently incarcerated felon or misdemeanant who is
granted early release from incarceration to a community corrections
program or who is granted early release from incarceration as a
result of a community corrections program.
(bb) "Programmatic success" means that the department program
or initiative has ensured that the offender has accomplished all of
the following:
(i) Obtained employment, has enrolled or participated in a
program of education or job training, or has investigated all bona
fide employment opportunities.
(ii) Obtained housing.
(iii) Obtained a state identification card.
(cc) "Recidivism" means the return of an individual to prison
within 3 years after he or she is released either with a new
sentence to prison or as a technical violator of parole conditions.
(dd) "RSAT" means residential substance abuse treatment.
(ee) "Serious emotional disturbance" means that term as
defined in section 100d(2) of the mental health code, 1974 PA 328,
MCL 330.1100d.
(ff) "Serious mental illness" means that term as defined in
section 100d(3) of the mental health code, 1974 PA 328, MCL
330.1100d.
(gg) "SSA" means the United States Social Security
Administration.
(hh) "SSA-SSI" means SSA supplemental security income.
Sec. 206. The department shall not take disciplinary action
against an employee or a prisoner for communicating with a member
of the legislature or his or her staff.
Sec. 208. The department shall use the Internet to fulfill the
reporting requirements of this part. This requirement may include
transmission of reports via electronic mail to the recipients
identified for each reporting requirement or it may include
placement of reports on an Internet or intranet site.
Sec. 209. Funds appropriated in part 1 shall not be used for
the purchase of foreign goods or services, or both, if
competitively priced and of comparable quality American goods or
services, or both, are available. Preference shall be given to
goods or services, or both, manufactured or provided by Michigan
businesses, if they are competitively priced and of comparable
quality. In addition, preference should be given to goods or
services, or both, that are manufactured or provided by Michigan
businesses owned and operated by veterans, if they are
competitively priced and of comparable quality.
Sec. 211. The department may charge fees and collect revenues
in excess of appropriations in part 1 not to exceed the cost of
offender services and programming, employee meals, parolee loans,
academic/vocational services, custody escorts, compassionate
visits, union steward activities, and public works programs and
services provided to local units of government or private nonprofit
organizations. The revenues and fees collected are appropriated for
all expenses associated with these services and activities.
Sec. 212. On a quarterly basis, the department shall report on
the number of full-time equated positions in pay status by civil
service classification to the senate and house appropriations
subcommittees on corrections, the legislative corrections
ombudsman, and the senate and house fiscal agencies. This report
shall include a detailed accounting of the long-term vacancies that
exist within each department. As used in this subsection, "long-
term vacancy" means any full-time equated position that has not
been filled at any time during the past 24 calendar months.
Sec. 214. The department shall receive and retain copies of
all reports funded from appropriations in part 1. Federal and state
guidelines for short-term and long-term retention of records shall
be followed. The department may electronically retain copies of
reports unless otherwise required by federal and state guidelines.
Sec. 216. The department shall prepare a report on out-of-
state travel expenses not later than January 1 of each year. The
travel report shall be a listing of all travel by classified and
unclassified employees outside this state in the immediately
preceding fiscal year that was funded in whole or in part with
funds appropriated in the department's budget. The report shall be
submitted to the senate and house standing committees on
appropriations, the senate and house fiscal agencies, and the state
budget director. The report shall include the following
information:
(a) The dates of each travel occurrence.
(b) The total transportation and related costs of each travel
occurrence, including the proportion funded with state general
fund/general purpose revenues, the proportion funded with state
restricted revenues, the proportion funded with federal revenues,
and the proportion funded with other revenues.
Sec. 219. (1) Any contract for prisoner telephone services
entered into after the effective date of this section shall include
a condition that fee schedules for prisoner telephone calls,
including rates and any surcharges other than those necessary to
meet program and special equipment costs, be the same as fee
schedules for calls placed from outside of correctional facilities.
(2) Revenues appropriated and collected for program and
special equipment funds shall be considered state restricted
revenue. Funding shall be used for prisoner programming, special
equipment, and security projects. Unexpended funds remaining at the
close of the fiscal year shall not lapse to the general fund but
shall be carried forward and be available for appropriation in
subsequent fiscal years.
(3) The department shall submit a report to the senate and
house appropriations subcommittees on corrections, the senate and
house fiscal agencies, the legislative corrections ombudsman, and
the state budget director by February 1 outlining revenues and
expenditures from program and special equipment funds. The report
shall include all of the following:
(a) A list of all individual projects and purchases financed
with program and special equipment funds in the immediately
preceding fiscal year, the amounts expended on each project or
purchase, and the name of each vendor the products or services were
purchased from.
(b) A list of planned projects and purchases to be financed
with program and special equipment funds during the current fiscal
year, the amounts to be expended on each project or purchase, and
the name of each vendor for which the products or services were
purchased.
(c) A review of projects and purchases planned for future
fiscal years from program and special equipment funds.
Sec. 220. Not later than November 30, the state budget office
shall prepare and transmit a report that provides for estimates of
the total general fund/general purpose appropriation lapses at the
close of the fiscal year. This report shall summarize the projected
year-end general fund/general purpose appropriation lapses by major
departmental program or program areas. The report shall be
transmitted to the chairpersons of the senate and house of
representatives standing committees on appropriations and the
senate and house fiscal agencies.
Sec. 221. The department shall cooperate with the department
of technology, management, and budget to maintain a searchable
website accessible by the public at no cost that includes, but is
not limited to, all of the following for the department:
(a) Fiscal year-to-date expenditures by category.
(b) Fiscal year-to-date expenditures by appropriation unit.
(c) Fiscal year-to-date payments to a selected vendor,
including the vendor name, payment date, payment amount, and
payment description.
(d) The number of active department employees by job
classification.
(e) Job specifications and wage rates.
Sec. 223. (1) In addition to the funds appropriated in part 1,
there is appropriated an amount not to exceed $10,000,000.00 for
federal contingency funds. These funds are not available for
expenditure until they have been transferred to another line item
in part 1 under section 393(2) of the management and budget act,
1984 PA 431, MCL 18.1393.
(2) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $10,000,000.00 for state
restricted contingency funds. These funds are not available for
expenditure until they have been transferred to another line item
in part 1 under section 393(2) of the management and budget act,
1984 PA 431, MCL 18.1393.
(3) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $2,000,000.00 for local
contingency funds. These funds are not available for expenditure
until they have been transferred to another line item in part 1
under section 393(2) of the management and budget act, 1984 PA 431,
MCL 18.1393.
(4) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $2,000,000.00 for private
contingency funds. These funds are not available for expenditure
until they have been transferred to another line item in part 1
under section 393(2) of the management and budget act, 1984 PA 431,
MCL 18.1393.
Sec. 229. Within 14 days after the release of the executive
budget recommendation, the department shall cooperate with the
state budget office to provide the chairpersons of the senate and
house appropriations committees, the chairpersons of the senate and
house appropriations subcommittees on corrections, and the senate
and house fiscal agencies with an annual report on estimated state
restricted fund balances, state restricted fund projected revenues,
and state restricted fund expenditures for the fiscal years ending
September 30, 2015 and September 30, 2016.
Sec. 230. Funds appropriated in part 1 shall not be used by
the department to hire a person to provide legal services that are
the responsibility of the attorney general. This prohibition does
not apply to legal services for bonding activities and for those
outside services that the attorney general authorizes.
Sec. 231. The department shall maintain, on a publicly
accessible website, a department scorecard that identifies, tracks,
and regularly updates key metrics that are used to monitor and
improve the department's performance.
Sec. 239. It is the intent of the legislature that the
department establish and maintain a management-to-staff ratio of
not more than 1 supervisor for each 8 employees at the department's
central office in Lansing and at both the northern and southern
region administration offices.
Sec. 246. Total authorized appropriations from all sources
under part 1 for legacy costs for the fiscal year ending September
30, 2016 are $332,330,600.00. From this amount, total department
appropriations for pension-related legacy costs are estimated at
$188,628,700.00. Total department appropriations for retiree health
care legacy costs are estimated at $143,701,900.00.
Sec. 247. In addition to the metrics required under section
447 of the management and budget act, 1984 PA 431, MCL 18.1447, for
each new program or program enhancement for which funds in excess
of $500,000.00 are appropriated in part 1, the department shall
provide not later than November 1 a list of program-specific
metrics intended to measure its performance based on a return on
taxpayer investment. The department shall deliver the program-
specific metrics to members of the senate and house subcommittees
that have subject matter jurisdiction for this budget, the senate
and house fiscal agencies, and the state budget director. The
department shall provide an update on its progress in tracking
program-specific metrics and the status of program success at an
appropriations subcommittee meeting called for by the subcommittee
chair.
EXECUTIVE
Sec. 301. For 3 years after a felony offender is released from
the department's jurisdiction, the department shall maintain the
offender's file on the offender tracking information system and
make it publicly accessible in the same manner as the file of the
current offender. However, the department shall immediately remove
the offender's file from the offender tracking information system
upon determination that the offender was wrongfully convicted and
the offender's file is not otherwise required to be maintained on
the offender tracking information system.
Sec. 304. The director of the department shall maintain a
staff savings initiative program to invite employees to submit
suggestions for saving costs for the department. The proposed
savings initiatives shall be accepted or rejected within 60
business days. By March 1, the department shall report to the
senate and house appropriations subcommittees on corrections, the
legislative corrections ombudsman, the senate and house fiscal
agencies, and the state budget director on any savings proposals,
the date implemented, the amount of the expected savings, and any
process improvements that can be implemented in other areas of the
department. The report shall also include any rejected savings
proposal and the reason that the proposal was refused.
PRISONER REENTRY AND COMMUNITY SUPPORT
Sec. 401. The department shall submit 3-year and 5-year prison
population projection updates concurrent with submission of the
executive budget to the senate and house appropriations
subcommittees on corrections, the legislative corrections
ombudsman, the senate and house fiscal agencies, and the state
budget director. The report shall include explanations of the
methodology and assumptions used in developing the projection
updates.
Sec. 402. By March 1, the department shall provide a report on
prisoner reentry expenditures and allocations to the members of the
senate and house appropriations subcommittees on corrections, the
legislative corrections ombudsman, the senate and house fiscal
agencies, and the state budget director. At a minimum, the report
shall include information on both of the following:
(a) Details on prior-year expenditures, including amounts
spent on each project funded, itemized by service provided and
service provider.
(b) Allocations and planned expenditures for each project
funded and for each project to be funded, itemized by service to be
provided and service provider. The department shall provide an
amended report quarterly, if any revisions to allocations or
planned expenditures occurred during that quarter.
Sec. 403. By February 1, the department shall report to the
senate and house appropriations subcommittees on corrections, the
legislative corrections ombudsman, the senate and house fiscal
agencies, and the state budget director on the department's EPIC
program. The report shall include the following: the exact scope
and purpose of the EPIC program, the areas of the department that
have received any EPIC resources, the line items in part 1 that are
expected to recognize savings due to the EPIC program, the
identified areas of the department where the EPIC program has
changed the department's policy, and the number of the full-time
equivalent positions in the department that are assigned to the
EPIC program during the prior fiscal year.
Sec. 405. By March 1, the department shall report to the
senate and house appropriations subcommittees on corrections, the
legislative corrections ombudsman, the senate and house fiscal
agencies, and the state budget director on substance abuse testing
and treatment program objectives, outcome measures, and results,
including program impact on offender success and programmatic
success.
Sec. 407. By 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 recidivism rates of
offenders.
Sec. 409. (1) The department shall engage with the talent
investment agency within the department of talent and economic
development and local entities to design services and shall use
appropriations provided in part 1 for reentry and vocational
education programs. The department shall ensure that the
collaboration provides relevant professional development
opportunities to prisoners to ensure that the programs are high
quality, demand driven, locally receptive, and responsive to the
needs of communities where the prisoners are expected to reside
after their release from correctional facilities. The programs
shall begin upon the intake of the prisoner into a department
facility.
(2) It is the intent of the legislature that the workforce
development programming continue through the entire duration of the
prisoner's incarceration to encourage employment upon release.
(3) By March 1, the department shall provide a report to the
senate and house appropriations subcommittees on corrections, the
legislative corrections ombudsman, and the senate and house fiscal
agencies detailing the results of the workforce development
program.
Sec. 410. (1) The funds included in part 1 for community
corrections comprehensive plans and services are to encourage the
development through technical assistance grants, implementation,
and operation of community corrections programs that enhance
offender success and that also may serve as an alternative to
incarceration in a state facility or jail. The comprehensive
corrections plans shall include an explanation of how the public
safety will be maintained, the goals for the local jurisdiction,
offender target populations intended to be affected, offender
eligibility criteria for purposes outlined in the plan, and how the
plans will meet the following objectives, consistent with section
8(4) of the community corrections act, 1988 PA 511, MCL 791.408:
(a) Reduce admissions to prison of offenders who would likely
be sentenced to imprisonment, including probation violators.
(b) Improve the appropriate utilization of jail facilities,
the first priority of which is to open jail beds intended to house
otherwise prison-bound felons, and the second priority being to
appropriately utilize jail beds so that jail crowding does not
occur.
(c) Open jail beds through the increase of pretrial release
options.
(d) Reduce the readmission to prison of parole violators.
(e) Reduce the admission or readmission to prison of
offenders, including probation violators and parole violators, for
substance abuse violations.
(f) Contribute to offender success.
(2) The award of community corrections comprehensive plans and
residential services funds shall be based on criteria that include,
but are not limited to, the prison commitment rate by category of
offenders, trends in prison commitment rates and jail utilization,
historical trends in community corrections program capacity and
program utilization, and the projected impact and outcome of annual
policies and procedures of programs on offender success, prison
commitment rates, and jail utilization.
(3) Funds awarded for residential services in part 1 shall
provide for a per diem reimbursement of not more than $47.50 for
nonaccredited facilities, or of not more than $48.50 for facilities
that have been accredited by the American Corrections Association
or a similar organization as approved by the department.
Sec. 411. The comprehensive corrections plans shall also
include, where appropriate, descriptive information on the full
range of sanctions and services that are available and utilized
within the local jurisdiction and an explanation of how jail beds,
residential services, the special alternative incarceration
program, probation detention centers, the electronic monitoring
program for probationers, and treatment and rehabilitative services
will be utilized to support the objectives and priorities of the
comprehensive corrections plans and the purposes and priorities of
section 8(4) of the community corrections act, 1988 PA 511, MCL
791.408, that contribute to the success of offenders. The plans
shall also include, where appropriate, provisions that detail how
the local communities plan to respond to sentencing guidelines
found in chapter XVII of the code of criminal procedure, 1927 PA
175, MCL 777.1 to 777.69, and use the county jail reimbursement
program under section 414. The state community corrections board
shall encourage local community corrections advisory boards to
include in their comprehensive corrections plans strategies to
collaborate with local alcohol and drug treatment agencies of the
MDHHS for the provision of alcohol and drug screening, assessment,
case management planning, and delivery of treatment to alcohol- and
drug-involved offenders.
Sec. 412. (1) As part of the March biannual report specified
in section 12(2) of the community corrections act, 1988 PA 511, MCL
791.412, that requires an analysis of the impact of that act on
prison admissions and jail utilization, the department shall submit
to the senate and house appropriations subcommittees on
corrections, the legislative corrections ombudsman, the senate and
house fiscal agencies, and the state budget director the following
information for each county and counties consolidated for
comprehensive corrections plans:
(a) Approved technical assistance grants and comprehensive
corrections plans including each program and level of funding, the
utilization level of each program, and profile information of
enrolled offenders.
(b) If federal funds are made available, the number of
participants funded, the number served, the number successfully
completing the program, and a summary of the program activity.
(c) Status of the community corrections information system and
the jail population information system.
(d) Data on residential services, including participant data,
participant sentencing guideline scores, program expenditures,
average length of stay, and bed utilization data.
(e) Offender disposition data by sentencing guideline range,
by disposition type, by prior record variable score, by number and
percent statewide and by county, current year, and comparisons to
the previous 3 years.
(f) Data on the use of funding made available under the felony
drunk driver jail reduction and community treatment program.
(2) The report required under subsection (1) shall include the
total funding allocated, program expenditures, required program
data, and year-to-date totals.
Sec. 413. (1) The department shall identify and coordinate
information regarding the availability of and the demand for
community corrections programs, jail-based community corrections
programs, jail-based probation violation sanctions, and all state-
required jail data.
(2) The department is responsible for the collection,
analysis, and reporting of all state-required jail data.
(3) As a prerequisite to participation in the programs and
services offered through the department, counties shall provide
necessary jail data to the department.
Sec. 414. (1) The department shall administer a county jail
reimbursement program from the funds appropriated in part 1 for the
purpose of reimbursing counties for housing in jails certain felons
who otherwise would have been sentenced to prison.
(2) The county jail reimbursement program shall reimburse
counties for convicted felons in the custody of the sheriff if the
conviction was for a crime committed on or after January 1, 1999
and 1 of the following applies:
(a) The felon's sentencing guidelines recommended range upper
limit is more than 18 months, the felon's sentencing guidelines
recommended range lower limit is 12 months or less, the felon's
prior record variable score is 35 or more points, and the felon's
sentence is not for commission of a crime in crime class G or crime
class H or a nonperson crime in crime class F under chapter XVII of
the code of criminal procedure, 1927 PA 175, MCL 777.1 to 777.69.
(b) The felon's minimum sentencing guidelines range minimum is
more than 12 months under the sentencing guidelines described in
subdivision (a).
(c) The felon was sentenced to jail for a felony committed
while he or she was on parole and under the jurisdiction of the
parole board and for which the sentencing guidelines recommended
range for the minimum sentence has an upper limit of more than 18
months.
(3) State reimbursement under this subsection shall be $60.00
per diem per diverted offender for offenders with a presumptive
prison guideline score, $50.00 per diem per diverted offender for
offenders with a straddle cell guideline for a group 1 crime, and
$35.00 per diem per diverted offender for offenders with a straddle
cell guideline for a group 2 crime. Reimbursements shall be paid
for sentences up to a 1-year total.
(4) As used in this subsection:
(a) "Group 1 crime" means a crime in 1 or more of the
following offense categories: arson, assault, assaultive other,
burglary, criminal sexual conduct, homicide or resulting in death,
other sex offenses, robbery, and weapon possession as determined by
the department of corrections based on specific crimes for which
counties received reimbursement under the county jail reimbursement
program in fiscal year 2007 and fiscal year 2008, and listed in the
county jail reimbursement program document titled "FY 2007 and FY
2008 Group One Crimes Reimbursed", dated March 31, 2009.
(b) "Group 2 crime" means a crime that is not a group 1 crime,
including larceny, fraud, forgery, embezzlement, motor vehicle,
malicious destruction of property, controlled substance offense,
felony drunk driving, and other nonassaultive offenses.
(c) "In the custody of the sheriff" means that the convicted
felon has been sentenced to the county jail and is either housed in
the county jail or has been released from jail and is being
monitored through the use of the sheriff's electronic monitoring
system.
(5) County jail reimbursement program expenditures shall not
exceed the amount appropriated in part 1 for the county jail
reimbursement program. Payments to counties under the county jail
reimbursement program shall be made in the order in which properly
documented requests for reimbursements are received. A request
shall be considered to be properly documented if it meets MDOC
requirements for documentation. By October 15, the department shall
distribute the documentation requirements to all counties.
(6) Any county that receives funding under this section for
the purpose of housing in jails certain felons who otherwise would
have been sentenced to prison shall, as a condition of receiving
the funding, report by September 30 an annual average jail capacity
and annual average jail occupancy for the immediately preceding
fiscal year.
Sec. 416. Allowable uses of felony drunk driver jail reduction
and community treatment program funding shall include reimbursing
counties for transportation, treatment costs, and housing felony
drunk drivers during a period of assessment for treatment and case
planning. Reimbursements for housing during the assessment process
shall be at the rate of $43.50 per day per offender, up to a
maximum of 5 days per offender.
Sec. 417. (1) By March 1, the department shall report to the
members of the senate and house appropriations subcommittees on
corrections, the legislative corrections ombudsman, the senate and
house fiscal agencies, and the state budget director on each of the
following programs from the previous fiscal year:
(a) The county jail reimbursement program.
(b) The felony drunk driver jail reduction and community
treatment program.
(c) Any new initiatives to control prison population growth
funded or proposed to be funded under part 1.
(2) For each program listed under subsection (1), the report
shall include information on each of the following:
(a) Program objectives and outcome measures, including, but
not limited to, the number of offenders who successfully completed
the program, and the number of offenders who successfully remained
in the community during the 3 years following termination from the
program.
(b) Expenditures by location.
(c) The impact on jail utilization.
(d) The impact on prison admissions.
(e) Other information relevant to an evaluation of the
program.
Sec. 418. (1) The department shall collaborate with the state
court administrative office on facilitating changes to Michigan
court rules that would require the court to collect at the time of
sentencing the state operator's license, state identification card,
or other documentation used to establish the identity of the
individual to be admitted to the department. The department shall
maintain those documents in the prisoner's personal file.
(2) The department shall cooperate with MDHHS to create and
maintain a process by which prisoners can obtain their Michigan
birth certificates if necessary. The department shall describe a
process for obtaining birth certificates from other states, and in
situations where the prisoner's effort fails, the department shall
assist in obtaining the birth certificate.
(3) The department shall collaborate with the department of
military and veterans affairs to create and maintain a process by
which prisoners can obtain a copy of their DD Form 214 or other
military discharge documentation if necessary.
Sec. 419. (1) The department shall provide weekly electronic
mail reports to the senate and house appropriations subcommittees
on corrections, the legislative corrections ombudsman, the senate
and house fiscal agencies, and the state budget director on
prisoner populations by security levels by facility, prison
facility capacities, and parolee and probationer populations.
(2) The department shall provide monthly electronic mail
reports to the senate and house appropriations subcommittees on
corrections, the legislative corrections ombudsman, the senate and
house fiscal agencies, and the state budget director. The reports
shall include information on end-of-month prisoner populations in
county jails, the net operating capacity according to the most
recent certification report, identified by date, and end-of-month
data, year-to-date data, and comparisons to the prior year for the
following:
(a) Community residential program populations, separated by
centers and electronic monitoring.
(b) Parole populations.
(c) Probation populations, with identification of the number
in special alternative incarceration.
(d) Prison and camp populations, with separate identification
of the number in special alternative incarceration and the number
of lifers.
(e) Prisoners classified as past their earliest release date.
(f) Parole board activity, including the numbers and
percentages of parole grants and parole denials.
(g) Prisoner exits, identifying transfers to community
placement, paroles from prisons and camps, paroles from community
placement, total movements to parole, prison intake, prisoner
deaths, prisoners discharging on the maximum sentence, and other
prisoner exits.
(h) Prison intake and returns, including probation violators,
new court commitments, violators with new sentences, escaper new
sentences, total prison intake, returns from court with additional
sentences, community placement returns, technical parole violator
returns, and total returns to prison and camp.
Sec. 421. (1) Funds appropriated in part 1 for the parole
sanction certainty pilot program shall be distributed to an
American Correctional Association accredited rehabilitation
organization operating in any of the following counties: Berrien,
Calhoun, Kalamazoo, Macomb, Muskegon, Oakland, and Wayne for
operations and administration of the pilot program. The pilot
program may be utilized as a condition of parole for technical
parole violators to ensure public safety and justice through a
program based on evidence-based tactics and programs.
(2) The program or programs selected shall report by March 30
to the department, the senate and house appropriations
subcommittees on corrections, the senate and house fiscal agencies,
the legislative corrections ombudsman, and the state budget
director. The report shall include program performance
measurements, the number of individuals who participate in the
pilot program, the number of individuals who return to prison after
participating, and outcomes of participants who complete the
program.
Sec. 434. The department shall explore opportunities to
collaborate with Michigan colleges and universities on establishing
programs that will employ parolees in agricultural settings.
Sec. 437. (1) Funds appropriated in part 1 for Goodwill Flip
the Script shall be distributed to a Michigan-chartered 501(c)(3)
nonprofit corporation operating in a county with greater than
1,500,000 people for administration and expansion of a program
which serves a population of persons aged 16 to 29. The program
shall target those who are entering the criminal justice system for
the first or second time and shall assist those individuals through
the following program types:
(a) Alternative sentencing programs in partnership with a
local district or circuit court.
(b) Educational recovery for special adult populations with
high rates of illiteracy.
(c) Career development and continuing education for women.
(2) The program selected shall report by March 30 to the
department, the senate and house appropriations subcommittees on
corrections, the senate and house fiscal agencies, the legislative
corrections ombudsman, and the state budget director. The report
shall include program performance measurements, the number of
individuals diverted from incarceration, the number of individuals
served, and outcomes of participants who complete the program.
BUDGET AND OPERATIONS ADMINISTRATION
Sec. 501. From the funds appropriated in part 1 for
prosecutorial and detainer expenses, the department shall reimburse
counties for housing and custody of parole violators and offenders
being returned by the department from community placement who are
available for return to institutional status and for prisoners who
volunteer for placement in a county jail.
Sec. 502. Funds included in part 1 for the sheriffs'
coordinating and training office are appropriated for and may be
expended to defray costs of continuing education, certification,
recertification, decertification, and training of local corrections
officers, the personnel and administrative costs of the sheriffs'
coordinating and training office, the local corrections officers
advisory board, and the sheriffs' coordinating and training council
under the local corrections officers training act, 2003 PA 125, MCL
791.531 to 791.546.
Sec. 505. The department shall provide for the training of all
custody staff in effective and safe ways of handling prisoners with
mental illness and referring prisoners to mental health treatment
programs. Mental health awareness training shall be incorporated
into the training of new custody staff.
Sec. 508. The department shall issue a report for all
correctional facilities to the senate and house appropriations
subcommittees on corrections, the senate and house fiscal agencies,
and the legislative corrections ombudsman by October 1 setting
forth the following information for each facility: its name, street
address, and date of construction; its current maintenance costs;
any maintenance planned; its current utility costs; its expected
future capital improvement costs; and its expected future useful
life.
Sec. 509. (1) The department shall conduct a study on the
Michigan state industries program. The study shall focus on
determining which industries within the 10 identified prosperity
regions in this state have the maximum benefit to the prisoner
population in providing marketable skills and leading to employable
outcomes after release of the prisoner from a department facility.
The report shall also include data on the current labor force
trends in the prosperity regions of this state and how the
operations of Michigan state industries can work in coordination
with local communities to determine the industries that would
produce the greatest number of employable prisoners upon release.
(2) By December 1, the department shall provide a report to
the senate and house appropriations subcommittees on corrections,
the senate and house fiscal agencies, and the legislative
corrections ombudsman detailing the results and recommendations
from the study on Michigan state industries described in subsection
(1).
Sec. 511. (1) By February 1, the department shall provide a
report to the senate and house appropriations subcommittees on
corrections, the senate and house fiscal agencies, the legislative
corrections ombudsman, and the state budget director which details
the strategic plan of the department. The report shall contain
strategies to decrease the overall recidivism rate, measurable
plans to increase the rehabilitative function of correctional
facilities, metrics to track and ensure prisoner readiness to re-
enter society, and constructive actions for providing prisoners
with life skills development.
(2) The intent of this report is to express that the mission
of the department is to provide an action plan before reentry to
society that ensures prisoners' readiness for meeting parole
requirements and ensures a reduction in the total number of
released inmates who reenter the criminal justice system.
FIELD OPERATIONS ADMINISTRATION
Sec. 601. (1) From the funds appropriated in part 1, the
department shall conduct a statewide caseload audit of field
agents. The audit shall address public protection issues and assess
the ability of the field agents to complete their professional
duties. The complete audit shall be submitted to the senate and
house appropriations subcommittees on corrections, the legislative
corrections ombudsman, the senate and house fiscal agencies, and
the state budget office by March 1.
(2) It is the intent of the legislature that the department
maintain a number of field agents sufficient to meet supervision
and workload standards.
Sec. 603. (1) All prisoners, probationers, and parolees
involved with the curfew monitoring program shall reimburse the
department for costs associated with their participation in the
program. The department may require community service work
reimbursement as a means of payment for those able-bodied
individuals unable to pay for the costs of the equipment.
(2) Program participant contributions and local program
reimbursement for the curfew monitoring program appropriated in
part 1 are related to program expenditures and may be used to
offset expenditures for this purpose.
(3) Included in the appropriation in part 1 is adequate
funding to implement the curfew monitoring program to be
administered by the department. The curfew monitoring program is
intended to provide sentencing judges and county sheriffs in
coordination with local community corrections advisory boards
access to the state's curfew monitoring program to reduce prison
admissions and improve local jail utilization. The department shall
determine the appropriate distribution of the curfew monitor units
throughout the state based upon locally developed comprehensive
corrections plans under the community corrections act, 1988 PA 511,
MCL 791.401 to 791.414.
(4) For a fee determined by the department, the department
shall provide counties with the curfew monitor equipment,
replacement parts, administrative oversight of the equipment's
operation, notification of violators, and periodic reports
regarding county program participants. Counties are responsible for
curfew monitor equipment installation and service. For an
additional fee as determined by the department, the department
shall provide staff to install and service the equipment. Counties
are responsible for the coordination and apprehension of program
violators.
(5) Any county with curfew monitor charges outstanding over 60
days shall be considered in violation of the community curfew
monitor program agreement and lose access to the program.
Sec. 611. The department shall prepare by March 1 individual
reports for the community reentry program, the electronic
monitoring program, and the special alternative to incarceration
program. The reports shall be submitted to the senate and house
appropriations subcommittees on corrections, the legislative
corrections ombudsman, the senate and house fiscal agencies, and
the state budget director. Each program's report shall include
information on all of the following:
(a) Monthly new participants by type of offender. Community
reentry program participants shall be categorized by reason for
placement. For technical rule violators, the report shall sort
offenders by length of time since release from prison, by the most
recent violation, and by the number of violations occurring since
release from prison.
(b) Monthly participant unsuccessful terminations, including
cause.
(c) Number of successful terminations.
(d) End month population by facility/program.
(e) Average length of placement.
(f) Return to prison statistics.
(g) Description of each program location or locations,
capacity, and staffing.
(h) Sentencing guideline scores and actual sentence statistics
for participants, if applicable.
(i) Comparison with prior year statistics.
(j) Analysis of the impact on prison admissions and jail
utilization and the cost effectiveness of the program.
Sec. 612. (1) The department shall review and revise as
necessary policy proposals that provide alternatives to prison for
offenders being sentenced to prison as a result of technical
probation violations and technical parole violations. To the extent
the department has insufficient policies or resources to affect the
continued increase in prison commitments among these offender
populations, the department shall explore other policy options to
allow for program alternatives, including department or OCC-funded
programs, local level programs, and programs available through
private agencies that may be used as prison alternatives for these
offenders.
(2) By April 1, the department shall provide a report to the
senate and house appropriations subcommittees on corrections, the
legislative corrections ombudsman, the senate and house fiscal
agencies, and the state budget director on the number of all
parolees returned to prison and probationers sentenced to prison
for either a technical violation or new sentence during the
preceding fiscal year. The report shall include the following
information for probationers, for parolees after their first
parole, and for parolees who have been paroled more than once:
(a) The numbers of parole and probation violators returned to
or sent to prison for a new crime with a comparison of original
versus new offenses by major offense type: assaultive,
nonassaultive, drug, and sex.
(b) The numbers of parole and probation violators returned to
or sent to prison for a technical violation and the type of
violation, including, but not limited to, zero gun tolerance and
substance abuse violations. For parole technical rule violators,
the report shall list violations by type, by length of time since
release from prison, by the most recent violation, and by the
number of violations occurring since release from prison.
(c) The educational history of those offenders, including how
many had a high school equivalency or high school diploma prior to
incarceration in prison, how many received a high school
equivalency while in prison, and how many received a vocational
certificate while in prison.
(d) The number of offenders who participated in the reentry
program versus the number of those who did not.
(e) The unduplicated number of offenders who participated in
substance abuse treatment programs, mental health treatment
programs, or both, while in prison, itemized by diagnosis.
Sec. 615. The department shall submit a report containing a
list detailing the number of prisoners who have received life
imprisonment sentences with the possibility of parole and who are
currently eligible for parole to the senate and house
appropriations subcommittees on corrections, the senate and house
fiscal agencies, the legislative corrections ombudsman, and the
state budget director by January 1.
Sec. 616. The parole board shall review its policies related
to the review and parole of those offenders serving a parolable
life sentence with consideration given to those that do not pose an
ongoing risk to society.
HEALTH CARE
Sec. 802. As a condition of expenditure of the funds
appropriated in part 1, the department shall provide the senate and
house of representatives appropriations subcommittees on
corrections, the legislative corrections ombudsman, the senate and
house fiscal agencies, and the state budget director with quarterly
reports on physical and mental health care detailing quarterly and
fiscal year-to-date expenditures itemized by vendor, allocations,
status of payments from contractors to vendors, and projected year-
end expenditures from accounts for prisoner health care, mental
health care, pharmaceutical services, and durable medical
equipment.
Sec. 803. (1) The department shall assure that all prisoners,
upon any health care treatment, are given the opportunity to sign a
release of information form designating a family member or other
individual to whom the department shall release records information
regarding a prisoner. A release of information form signed by a
prisoner shall remain in effect for 1 year, and the prisoner may
elect to withdraw or amend the release form at any time.
(2) The department shall assure that any such signed release
forms follow a prisoner upon transfer to another department
facility or to the supervision of a parole officer.
(3) The form shall be placed on an online, public website
managed by the department.
Sec. 804. The department shall report quarterly to the senate
and house appropriations subcommittees on corrections, the
legislative corrections ombudsman, the senate and house fiscal
agencies, and the state budget director on prisoner health care
utilization. The report shall include the number of inpatient
hospital days, outpatient visits, emergency room visits, and
prisoners receiving off-site inpatient medical care in the previous
quarter, by facility.
Sec. 805. If a prisoner aged 26 years or under is determined
not to be eligible for Medicaid, the department shall determine
whether the prisoner is eligible for dependent health insurance
coverage.
Sec. 812. (1) The department shall provide the department of
health and human services with a monthly list of prisoners newly
committed to the department of corrections. The department and the
department of health and human services shall enter into an
interagency agreement under which the department of health and
human services provides the department of corrections with monthly
lists of newly committed prisoners who are eligible for Medicaid
benefits in order to maintain the process by which Medicaid
benefits are suspended rather than terminated. The department shall
assist prisoners who may be eligible for Medicaid benefits after
release from prison with the Medicaid enrollment process prior to
release from prison.
(2) The department shall provide the senate and house
appropriations subcommittees on corrections, the legislative
corrections ombudsman, the senate and house fiscal agencies, and
the state budget director with quarterly updates on the utilization
of Medicaid benefits for prisoners.
Sec. 814. The department shall assure that psychotropic
medications are available, when deemed medically necessary by a
licensed medical service provider, to prisoners who have mental
illness diagnoses but are not enrolled in corrections mental health
services.
Sec. 816. By April 1, the department shall provide the members
of the senate and house appropriations subcommittees on
corrections, the senate and house fiscal agencies, the state budget
director, and the legislative corrections ombudsman with a report
on pharmaceutical expenditures and prescribing practices. In
particular, the report shall provide the following information:
(a) A detailed accounting of expenditures on antipsychotic
medications.
(b) Any changes that have been made to the prescription drug
formularies.
CORRECTIONAL FACILITIES ADMINISTRATION
Sec. 904. The department shall calculate the per prisoner/per
day cost for each prisoner security custody level. This calculation
shall include all actual direct and indirect costs for the previous
fiscal year, including, but not limited to, the value of services
provided to the department by other state agencies and the
allocation of statewide legacy costs. To calculate the per
prisoner/per day costs, the department shall divide these direct
and indirect costs by the average daily population for each custody
level. For multilevel facilities, the indirect costs that cannot be
accurately allocated to each custody level can be included in the
calculation on a per-prisoner basis for each facility. Marginal
cost per prisoner by age cohort shall be calculated under the
assumptions made by the department under prior marginal cost
analysis. A report summarizing these calculations and the direct
and indirect costs included in them shall be submitted to the
senate and house appropriations subcommittees on corrections, the
legislative corrections ombudsman, the senate and house fiscal
agencies, and the state budget director not later than December 15.
Sec. 906. Any local unit of government or private nonprofit
organization that contracts with the department for public works
services shall be responsible for financing the entire cost of such
an agreement.
Sec. 907. The department shall report by March 1 to the senate
and house appropriations subcommittees on corrections, the
legislative corrections ombudsman, the senate and house fiscal
agencies, and the state budget director on academic and vocational
programs. The report shall provide information relevant to an
assessment of the department's academic and vocational programs,
including, but not limited to, all of the following:
(a) The number of instructors and the number of instructor
vacancies, by program and facility.
(b) The number of prisoners enrolled in each program, the
number of prisoners completing each program, the number of
prisoners who fail each program, the number of prisoners who do not
complete each program and the reason for not completing the
program, the number of prisoners transferred to another facility
while enrolled in a program and the reason for transfer, the number
of prisoners enrolled who are repeating the program by reason, and
the number of prisoners on waiting lists for each program, all
itemized by facility.
(c) The steps the department has undertaken to improve
programs, track records, accommodate transfers and prisoners with
health care needs, and reduce waiting lists.
(d) The number of prisoners paroled without a high school
diploma and the number of prisoners paroled without a high school
equivalency.
(e) An explanation of the value and purpose of each program,
for example, to improve employability, reduce recidivism, reduce
prisoner idleness, or some combination of these and other factors.
(f) An identification of program outcomes for each academic
and vocational program.
(g) An explanation of the department's plans for academic and
vocational programs, including plans to contract with intermediate
school districts for high school equivalency and high school
diploma programs.
(h) The number of prisoners not paroled at their earliest
release date due to lack of a high school equivalency, and the
reason those prisoners have not obtained a high school equivalency.
Sec. 910. The department shall allow the Michigan Braille
transcribing fund program to operate at its current location. The
donation of the building by the Michigan Braille transcribing fund
at the G. Robert Cotton Correctional Facility in Jackson is
acknowledged and appreciated. The department shall continue to
encourage the Michigan Braille transcribing fund program to produce
high-quality materials for use by the visually impaired.
Sec. 911. By March 1, the department shall report to the
senate and house appropriations subcommittees on corrections, the
senate and house fiscal agencies, the legislative corrections
ombudsman, and the state budget director the number of critical
incidents occurring each month by type and the number and severity
of assaults, escape attempts, suicides, and attempted suicides
occurring each month at each facility during the immediately
preceding calendar year.
Sec. 912. The department shall report to the senate and house
appropriations subcommittees on corrections, the legislative
corrections ombudsman, the senate and house fiscal agencies, and
the state budget director by March 1 on the ratio of correctional
officers to prisoners for each correctional institution, the ratio
of shift command staff to line custody staff, and the ratio of
noncustody institutional staff to prisoners for each correctional
institution.
Sec. 913. (1) It is the intent of the legislature that any
prisoner required to complete a violence prevention program, sexual
offender program, or other program as a condition of parole shall
be transferred to a facility where that program is available in
order to accomplish timely completion of that program prior to the
expiration of his or her minimum sentence and eligibility for
parole. Nothing in this section should be deemed to make parole
denial appealable in court.
(2) The department shall submit a quarterly report to the
members of the senate and house appropriations subcommittees on
corrections, the senate and house fiscal agencies, the state budget
director, and the legislative corrections ombudsman detailing
enrollment in sex offender programming, assaultive offender
programming, violent offender programming, and thinking for change.
At a minimum, the report shall include the following:
(a) A full accounting of the number of individuals who are
required to complete the programming, but have not yet done so.
(b) The number of individuals who have reached their earliest
release date, but who have not completed required programming.
(c) A plan of action for addressing any waiting lists or
backlogs for programming that may exist.
Sec. 924. The department shall evaluate all prisoners at
intake for substance abuse disorders, serious developmental
disorders, serious mental illness, and other mental health
disorders. Prisoners with serious mental illness or serious
developmental disorders shall not be removed from the general
population as a punitive response to behavior caused by their
serious mental illness or serious developmental disorder. Due to
persistent high violence risk or severe disruptive behavior that is
unresponsive to treatment, prisoners with serious mental illness or
serious developmental disorders may be placed in secure residential
housing programs that will facilitate access to institutional
programming and ongoing mental health services. A prisoner with
serious mental illness or serious developmental disorder who is
confined in these specialized housing programs shall be evaluated
or monitored by a medical professional at a frequency of not less
than every 12 hours.
Sec. 925. By March 1, the department shall report to the
senate and house appropriations subcommittees on corrections, the
senate and house fiscal agencies, the legislative corrections
ombudsman, and the state budget director on the annual number of
prisoners in administrative segregation between October 1, 2014 and
September 30, 2015, and the annual number of prisoners in
administrative segregation between October 1, 2014 and September
30, 2015 who at any time during the current or prior prison term
were diagnosed with serious mental illness or have a developmental
disorder and the number of days each of the prisoners with serious
mental illness or a developmental disorder have been confined to
administrative segregation.
Sec. 929. From the funds appropriated in part 1, the
department shall do all of the following:
(a) Ensure that any inmate care and control staff in contact
with prisoners less than 18 years of age are adequately trained
with regard to the developmental and mental health needs of
prisoners less than 18 years of age. By April 1, the department
shall report to the senate and house appropriations subcommittees
on corrections, the senate and house fiscal agencies, and the state
budget director on the training curriculum used and the number and
types of staff receiving annual training under that curriculum.
(b) Provide appropriate placement for prisoners less than 18
years of age who have serious mental illness, serious emotional
disturbance, or a serious developmental disorder and need to be
housed separately from the general population. Prisoners less than
18 years of age who have serious mental illness, serious emotional
disturbance, or a serious developmental disorder shall not be
removed from an existing placement as a punitive response to
behavior caused by their serious mental illness, serious emotional
disturbance, or a serious developmental disorder. Due to persistent
high violence risk or severe disruptive behavior that is
unresponsive to treatment, prisoners less than 18 years of age with
serious emotional disturbance, serious mental illness, or serious
developmental disorders may be placed in secure residential housing
programs that will facilitate access to institutional programming
and ongoing mental health services. A prisoner less than 18 years
of age with serious mental illness, serious emotional disturbance,
or a serious developmental disorder who is confined in these
specialized housing programs shall be evaluated or monitored by a
medical professional at a frequency of not less than every 12
hours.
(c) Implement a specialized reentry program that recognizes
the needs of prisoners less than 18 years old for supervised
reentry.
Sec. 937. The department shall not issue a request for
proposal (RFP) for a contract in excess of $5,000,000.00, unless
the department has first considered issuing a request for
information (RFI) or a request for qualification (RFQ) relative to
that contract to better enable the department to learn more about
the market for the products or services that are the subject of the
future RFP. The department shall notify the department of
technology, management, and budget of the evaluation process used
to determine if an RFI or RFQ was not necessary prior to issuing
the RFP.
Sec. 940. (1) Any lease, rental, contract, or other legal
agreement that includes a provision allowing a private person or
entity to use state-owned facilities or other property to conduct a
for-profit business enterprise shall require the lessee to pay fair
market value for the use of the state-owned property.
(2) The lease, rental, contract, or other legal agreement
shall also require the party using the property to make a payment
in lieu of taxes to the local jurisdictions that would otherwise
receive property tax revenue, as if the property were not owned by
the state.
Sec. 942. The department shall ensure that any contract with a
public or private party to operate a facility to house state
prisoners includes a provision to allow access by both the office
of the legislative auditor general and the office of the
legislative corrections ombudsman to the facility and to
appropriate records and documents related to the operation of the
facility. These access rights for both offices shall be the same
for the contracted facility as for a general state-operated
correctional facility.
Sec. 945. The department shall investigate options for
increasing the visiting capacity at Central Michigan Correctional
Facility - St. Louis in order to ease visiting room overcrowding.
The department shall submit a report by April 1 to the senate and
house of representatives appropriations subcommittees on
corrections, the senate and house fiscal agencies, the legislative
corrections ombudsman, and the state budget director on progress
being made to address visiting room overcrowding.
MISCELLANEOUS
Sec. 1009. The department shall make an information packet for
the families of incoming prisoners available on the department's
website. The information packet shall be updated by February 1 of
each year thereafter. The packet shall provide information on
topics including, but not limited to: how to put money into
prisoner accounts, how to make phone calls or create Jpay email
accounts, how to visit in person, proper procedures for filing
complaints or grievances, the rights of prisoners to physical and
mental health care, how to utilize the offender tracking
information system (OTIS), truth-in-sentencing and how it applies
to minimum sentences, the parole process, and guidance on the
importance of the role of families in the reentry process. The
department is encouraged to partner with external advocacy groups
and actual families of prisoners in the packet-writing process to
ensure that the information is useful and complete.
Sec. 1011. The department may accept in-kind services and
equipment donations to facilitate the addition of a cable network
that provides programming that will address the religious needs of
incarcerated individuals. This network may be a cable television
network that presently reaches the majority of households in the
United States. A bilingual channel affiliated with this network may
also be added to department programming to assist the religious
needs of Spanish-speaking inmates. The addition of these channels
shall be of no additional cost to this state.
Sec. 1012. From the funds appropriated in part 1, priority may
be given to funding reentry or rehabilitation programs that have
been demonstrated to reduce prison violence and recidivism such as
faith-based initiatives.
PART 2A
PROVISIONS CONCERNING ANTICIPATED APPROPRIATIONS
FOR FISCAL YEAR 2016-2017
GENERAL SECTIONS
Sec. 1201. It is the intent of the legislature to provide
appropriations for the fiscal year ending on September 30, 2017 for
the line items listed in part 1. The fiscal year 2016-2017
appropriations are anticipated to be the same as those for fiscal
year 2015-2016, except that the line items will be adjusted for
changes in caseload and related costs, federal fund match rates,
economic factors, and available revenue. These adjustments will be
determined after the January 2016 consensus revenue estimating
conference.
ARTICLE VI
DEPARTMENT OF EDUCATION
PART 1
LINE-ITEM APPROPRIATIONS
Sec. 101. There is appropriated for the department of
education for the fiscal year ending September 30, 2016, from the
following funds:
DEPARTMENT OF EDUCATION
APPROPRIATION SUMMARY
Full-time equated unclassified positions.......... 6.0
Full-time equated classified positions.......... 588.5
GROSS APPROPRIATION.................................... $ 305,876,200
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 0
ADJUSTED GROSS APPROPRIATION........................... $ 305,876,200
Federal revenues:
Total federal revenues................................. 215,640,900
Special revenue funds:
Total local revenues................................... 5,633,700
Total private revenues................................. 2,033,300
Total other state restricted revenues.................. 7,669,600
State general fund/general purpose..................... $ 74,898,700
Sec. 102. STATE BOARD OF EDUCATION/OFFICE OF THE
SUPERINTENDENT
Full-time equated unclassified positions.......... 6.0
Full-time equated classified positions........... 11.0
State board of education, per diem payments............ $ 24,400
Unclassified positions--6.0 FTE positions.............. 807,000
State board/superintendent operations--11.0 FTE
positions............................................ 2,092,100
GROSS APPROPRIATION.................................... $ 2,923,500
Appropriated from:
Federal revenues:
Federal revenues....................................... 222,100
Special revenue funds:
Private foundations.................................... 28,100
Certification fees..................................... 856,500
State general fund/general purpose..................... $ 1,816,800
Sec. 103. CENTRAL SUPPORT
Full-time equated classified positions........... 23.6
Central support operations--23.6 FTE positions......... $ 3,614,900
Worker's compensation.................................. 28,700
Building occupancy charges - property management
services............................................. 3,110,100
Training and orientation workshops..................... 150,000
Terminal leave payments................................ 554,700
GROSS APPROPRIATION.................................... $ 7,458,400
Appropriated from:
Federal revenues:
Federal revenues....................................... 1,659,900
Federal indirect funds................................. 2,545,500
Special revenue funds:
Certification fees..................................... 405,500
Teacher testing fees................................... 3,900
Training and orientation workshop fees................. 150,000
State general fund/general purpose..................... $ 2,693,600
Sec. 104. INFORMATION TECHNOLOGY SERVICES
Information technology operations...................... $ 4,179,800
GROSS APPROPRIATION.................................... $ 4,179,800
Appropriated from:
Federal revenues:
Federal revenues....................................... 604,000
Federal indirect funds................................. 1,784,500
Special revenue funds:
Local cost sharing (schools for deaf/blind)............ 76,500
Certification fees..................................... 389,200
State general fund/general purpose..................... $ 1,325,600
Sec. 105. SPECIAL EDUCATION SERVICES
Full-time equated classified positions........... 47.0
Special education operations--47.0 FTE positions....... $ 8,920,000
GROSS APPROPRIATION.................................... $ 8,920,000
Appropriated from:
Federal revenues:
Federal revenues....................................... 8,440,900
Special revenue funds:
Private foundations.................................... 110,100
Certification fees..................................... 44,000
State general fund/general purpose..................... $ 325,000
Sec. 106. MICHIGAN SCHOOLS FOR THE DEAF AND BLIND
Full-time equated classified positions........... 77.0
Michigan schools for the deaf and blind operations--
76.0 FTE positions................................... $ 12,651,600
Camp Tuhsmeheta--1.0 FTE position...................... 295,100
Private gifts - blind.................................. 200,000
Private gifts - deaf................................... 150,000
GROSS APPROPRIATION.................................... $ 13,296,700
Appropriated from:
Federal revenues:
Federal revenues....................................... 6,887,500
Special revenue funds:
Local cost sharing (schools for deaf/blind)............ 5,233,000
Local school district service fees..................... 312,500
Gifts, bequests, and donations......................... 645,100
Student insurance revenue.............................. 218,600
State general fund/general purpose..................... $ 0
Sec. 107. PROFESSIONAL PREPARATION SERVICES
Full-time equated classified positions........... 34.0
Professional preparation operations--34.0 FTE
positions............................................ $ 5,662,600
GROSS APPROPRIATION.................................... $ 5,662,600
Appropriated from:
Federal revenues:
Federal revenues....................................... 1,442,100
Special revenue funds:
Certification fees..................................... 3,586,300
Teacher college review fees............................ 55,300
Teacher testing fees................................... 358,600
State general fund/general purpose..................... $ 220,300
Sec. 108. MICHIGAN OFFICE OF GREAT START
Full-time equated classified positions........... 65.0
Office of great start operations--64.0 FTE positions... $ 22,808,600
Child development and care external support............ 26,896,500
Head start collaboration office--1.0 FTE position...... 307,400
Child development and care public assistance........... 124,200,000
GROSS APPROPRIATION.................................... $ 174,212,500
Appropriated from:
Federal revenues:
Federal revenues....................................... 136,543,300
Special revenue funds:
Private foundations.................................... 250,000
Certification fees..................................... 64,100
State general fund/general purpose..................... $ 37,355,100
Sec. 109. STATE AID AND SCHOOL FINANCE SERVICES
Full-time equated classified positions........... 11.5
State aid and school finance operations--9.5 FTE
positions............................................ $ 1,358,500
Financial independence team operations--2.0 FTE
positions............................................ 499,500
GROSS APPROPRIATION.................................... $ 1,858,000
Appropriated from:
State general fund/general purpose..................... $ 1,858,000
Sec. 110. AUDIT SERVICES
Full-time equated classified positions............ 4.5
Audit operations--4.5 FTE positions.................... $ 601,800
GROSS APPROPRIATION.................................... $ 601,800
Appropriated from:
Federal revenues:
Federal indirect funds................................. 478,300
Special revenue funds:
Certification fees..................................... 61,200
State general fund/general purpose..................... $ 62,300
Sec. 111. ADMINISTRATIVE LAW SERVICES
Full-time equated classified positions............ 2.0
Administrative law operations--2.0 FTE positions....... $ 1,332,000
GROSS APPROPRIATION.................................... $ 1,332,000
Appropriated from:
Federal revenues:
Federal revenues....................................... 550,300
Special revenue funds:
Certification fees..................................... 685,200
State general fund/general purpose..................... $ 96,500
Sec. 112. ACCOUNTABILITY SERVICES
Full-time equated classified positions........... 65.6
Accountability services operations--65.6 FTE positions. $ 14,616,400
GROSS APPROPRIATION.................................... $ 14,616,400
Appropriated from:
Federal revenues:
Federal revenues....................................... 13,441,100
State general fund/general purpose..................... $ 1,175,300
Sec. 113. SCHOOL SUPPORT SERVICES
Full-time equated classified positions........... 82.6
School support services operations--82.6 FTE positions. $ 15,087,200
Federal and private grants............................. 3,000,000
GROSS APPROPRIATION.................................... $ 18,087,200
Appropriated from:
Federal revenues:
Federal revenues....................................... 16,240,500
Special revenue funds:
Local school district service fees..................... 11,700
Private foundations.................................... 1,000,000
Certification fees..................................... 85,600
Commodity distribution fees............................ 71,700
State general fund/general purpose..................... $ 677,700
Sec. 114. FIELD SERVICES
Full-time equated classified positions........... 45.0
Field services operations--45.0 FTE positions.......... $ 9,174,400
GROSS APPROPRIATION.................................... $ 9,174,400
Appropriated from:
Federal revenues:
Federal revenues....................................... 8,874,900
Special revenue funds:
Certification fees..................................... 77,000
State general fund/general purpose..................... $ 222,500
Sec. 115. EDUCATIONAL IMPROVEMENT AND INNOVATION
SERVICES
Full-time equated classified positions........... 59.7
Educational improvement and innovation operations--
59.7 FTE positions................................... $ 9,362,500
Educator evaluations and assessments................... 2,500,000
GROSS APPROPRIATION.................................... $ 11,862,500
Appropriated from:
Federal revenues:
Federal revenues....................................... 6,500,600
Special revenue funds:
Certification fees..................................... 556,900
State general fund/general purpose..................... $ 4,805,000
Sec. 116. CAREER AND TECHNICAL EDUCATION
Full-time equated classified positions........... 27.0
Career and technical education operations--27.0 FTE
positions............................................ $ 4,748,800
GROSS APPROPRIATION.................................... $ 4,748,800
Appropriated from:
Federal revenues:
Federal revenues....................................... 3,818,600
State general fund/general purpose..................... $ 930,200
Sec. 117. LIBRARY OF MICHIGAN
Full-time equated classified positions........... 33.0
Library of Michigan operations--32.0 FTE positions..... $ 4,408,800
Library services and technology program--1.0 FTE
position............................................. 5,606,800
State aid to libraries................................. 9,876,000
Michigan eLibrary...................................... 1,750,000
Renaissance zone reimbursements........................ 5,300,000
GROSS APPROPRIATION.................................... $ 26,941,600
Appropriated from:
Federal revenues:
IMLS, library services and technology act.............. 5,606,800
State general fund/general purpose..................... $ 21,334,800
PART 1B
SUPPLEMENTAL LINE-ITEM APPROPRIATIONS
Sec. 151. There is appropriated for the department of
education for the fiscal year ending September 30, 2015, from the
following funds:
DEPARTMENT OF EDUCATION
APPROPRIATION SUMMARY
GROSS APPROPRIATION.................................... $ (2,703,500)
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 0
ADJUSTED GROSS APPROPRIATION........................... $ (2,703,500)
Federal revenues:
Total federal revenues................................. 0
Special revenue funds:
Total local revenues................................... 0
Total private revenues................................. 0
Total other state restricted revenues.................. 0
State general fund/general purpose..................... $ (2,703,500)
Sec. 152. MICHIGAN OFFICE OF GREAT START
Child development and care public assistance........... $ (2,703,500)
GROSS APPROPRIATION.................................... $ (2,703,500)
Appropriated from:
State general fund/general purpose..................... $ (2,703,500)
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
FOR FISCAL YEAR 2015-2016
GENERAL SECTIONS
Sec. 201. Pursuant to section 30 of article IX of the state
constitution of 1963, total state spending from state resources
under part 1 for the fiscal year ending September 30, 2016 is
$82,568,300.00 and state spending from state resources to be paid
to local units of government for the fiscal year ending September
30, 2016 is $15,176,000.00. The itemized statement below identifies
appropriations from which spending to local units of government
will occur:
DEPARTMENT OF EDUCATION
State aid to libraries................................. $ 9,876,000
Renaissance zone reimbursements........................ 5,300,000
Total department of education.......................... $ 15,176,000
Sec. 202. The appropriations authorized under this part and
part 1 are subject to the management and budget act, 1984 PA 431,
MCL 18.1101 to 18.1594.
Sec. 203. As used in this part and part 1:
(a) "Department" means the Michigan department of education.
(b) "District" means a local school district as defined in
section 6 of the revised school code, 1976 PA 451, MCL 380.6, or a
public school academy as defined in section 5 of the revised school
code, 1976 PA 451, MCL 380.5.
(c) "FTE" means full-time equated.
(d) "IMLS" means Institute of Museum and Library Services.
(e) "Fund-raising activity" means an ongoing fund-raising
activity that is scheduled to take place at more than 1 time during
a school day or throughout the school day.
Sec. 204. 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. 205. The departments and agencies receiving
appropriations under part 1 shall use the Internet to fulfill the
reporting requirements of this part. This requirement may include
transmission of reports via electronic mail to the recipients
identified for each reporting requirement, or it may include
placement of reports on an Internet or Intranet site.
Sec. 206. 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. 207. The department shall cooperate with the department
of technology, management, and budget to maintain a searchable
website accessible by the public at no cost that includes, but is
not limited to, all of the following 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. 208. The department shall require all districts and
intermediate school districts to maintain complete records within
the personnel file of a teacher or school employee of any
disciplinary actions taken by the governing board against the
teacher or employee for sexual misconduct. The records shall not be
destroyed or removed from the teacher's or employee's personnel
file except as required by a court order.
Sec. 211. To the extent the state continues to identify
schools as meeting proficiency targets, before publishing a list of
schools or districts determined to have failed to make adequate
yearly progress as required by the no child left behind act of
2001, Public Law 107-110, the department shall allow a school or
district to appeal that determination. Those appeals shall be
addressed before designation may be published.
Sec. 212. Funds appropriated in part 1 shall not be used for
the purchase of foreign goods or services, or both, if
competitively priced and comparable quality American goods or
services, or both, are available. Preference shall be given to
goods or services, or both, manufactured or provided by Michigan
businesses if they are competitively priced and of comparable
quality. In addition, preference should be given to goods or
services, or both, manufactured or provided by Michigan businesses
owned and operated by veterans if they are competitively priced and
of comparable quality.
Sec. 214. The department and agencies receiving appropriations
in part 1 shall prepare a report on out-of-state travel expenses
not later than January 1 of each year. The travel report shall be a
listing of all travel by classified and unclassified employees
outside this state in the immediately preceding fiscal year that
was funded in whole or in part with funds appropriated in the
department's budget. The report shall be submitted to the senate
and house appropriations committees, the house and senate fiscal
agencies, and the state budget director. The report must include
the following information:
(a) The dates of each travel occurrence.
(b) The transportation and related costs of each travel
occurrence, including the proportion funded with state general
fund/general purpose revenues, the proportion funded with state
restricted revenues, the proportion funded with federal revenues,
and the proportion funded with other revenues.
Sec. 216. The department shall not take disciplinary action
against an employee who communicates truthfully and factually with
a member of the legislature or his or her staff.
Sec. 218. The department and agencies receiving appropriations
in part 1 shall receive and retain copies of all reports funded
from appropriations in part 1. Federal and state guidelines for
short-term and long-term retention of records shall be followed.
The department may electronically retain copies of reports unless
otherwise required by federal and state guidelines.
Sec. 219. (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 $700,000.00 for state
restricted contingency funds. These funds are not available for
expenditure until they have been transferred to another line item
in part 1 under section 393(2) of the management and budget act,
1984 PA 431, MCL 18.1393.
(3) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $250,000.00 for local
contingency funds. These funds are not available for expenditure
until they have been transferred to another line item in part 1
under section 393(2) of the management and budget act, 1984 PA 431,
MCL 18.1393.
(4) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $3,000,000.00 for private
contingency funds. These funds are not available for expenditure
until they have been transferred to another line item in part 1
under section 393(2) of the management and budget act, 1984 PA 431,
MCL 18.1393.
Sec. 220. (1) The department shall provide data requested by a
member of the legislature, his or her staff, or the house and
senate fiscal agencies in a timely manner. If the department fails
to provide reasonably requested data within 30 days after the
request, the state money appropriated in part 1 for state
board/superintendent operations shall be reduced by 1%.
(2) If the department fails to provide to the legislature
reports and other data required by boilerplate or statute within 30
days after the date the information is due, the state money
appropriated in part 1 for state board/superintendent operations
shall be reduced by 1%.
Sec. 221. Funds appropriated in part 1 shall not be used by a
principal executive department, state agency, or authority to hire
a person to provide legal services that are the responsibility of
the attorney general. This prohibition does not apply to legal
services for bonding activities and for those activities that the
attorney general authorizes.
Sec. 222. The department shall maintain, on a publicly
accessible website, a department scorecard that identifies, tracks,
and regularly updates key metrics that are used to monitor and
improve the agency's performance.
Sec. 226. Not later than November 30, the state budget office
shall prepare and transmit a report that provides for estimates of
the total general fund/general purpose appropriation lapses at the
close of the fiscal year. This report shall summarize the projected
year-end general fund/general purpose appropriation lapses by major
departmental program or program areas. The report shall be
transmitted to the office of the state budget, the chairpersons of
the senate and house appropriations committees, and the senate and
house fiscal agencies.
Sec. 227. Within 14 days after the release of the executive
budget recommendation, the department shall cooperate with the
state budget office to provide the senate and house appropriations
chairs, the senate and house appropriations subcommittees
responsible for the department budget, 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, 2015 and September 30, 2016.
Sec. 230. The department may assist the department of health
and human services, other departments, and local school districts
to secure reimbursement for eligible services provided in Michigan
schools from the federal Medicaid program. The department may
submit reports of direct expenses related to this effort to the
department of health and human services for reimbursement.
Sec. 231. Total authorized appropriations from all sources
under part 1 for legacy costs for the fiscal year ending September
30, 2016 is estimated at $15,492,600.00. Total agency
appropriations for pension-related legacy costs are estimated at
$8,793,500.00. Total agency appropriations for retiree health care
legacy costs are estimated at $6,699,100.00.
Sec. 233. No state department or agency shall issue a request
for proposal (RFP) for a contract in excess of $1,000,000.00,
unless the department or agency has first considered issuing a
request for information (RFI) or a request for qualification (RFQ)
relative to that contract to better enable the department or agency
to learn more about the market for the products or services that
are the subject of the future RFP. The department or agency shall
notify the department of technology, management, and budget of the
evaluation process used to determine if an RFI or RFQ was not
necessary prior to issuing the RFP.
Sec. 234. In addition to the metrics required under section
447 of the management and budget act, 1984 PA 431, MCL 18.1447, for
each new program or program enhancement for which funds in excess
of $500,000.00 are appropriated in part 1, the department shall
provide not later than November 1, 2015 a list of program-specific
metrics intended to measure its performance based on a return on
taxpayer investment. The department shall deliver the program-
specific metrics to members of the senate and house subcommittees
that have subject matter jurisdiction for this budget, fiscal
agencies, and the state budget director. The department shall
provide an update on its progress in tracking program-specific
metrics and the status of program success at an appropriations
subcommittee meeting called for by the subcommittee chair.
Sec. 235. The department shall not enter into a contract
funded under part 1 that exceeds $1,000,000.00 or seek a federal
waiver from the no child left behind act of 2001, Public Law 107-
110, or an amendment to the federal waiver, until after
notification of the content to both the house and senate
appropriations committees.
Sec. 236. From the funds appropriated in part 1, the
department shall compile a report that identifies the 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, 2016 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, 2016.
Sec. 237. From the funds appropriated in part 1, the
department shall take all necessary steps to ensure maximum state
and local control over the implementation of school meal programs
established under section 1272a of the revised school code, 1976 PA
451, MCL 380.1272a. This shall include, but is not limited to,
establishing an upper limit on the number and frequency of fund-
raising activities that may take place in a public school during
school hours that allow the sale of food and beverage items that do
not meet the nutritional standards. The department shall ensure
that this upper limit is not less than 2 fund-raising activities
per week.
STATE BOARD/OFFICE OF THE SUPERINTENDENT
Sec. 301. (1) The appropriations in part 1 may be used for per
diem payments to the state board for meetings at which a quorum is
present or for performing official business authorized by the state
board. The per diem payments shall be at a rate as follows:
(a) State board of education - president - $110.00 per day.
(b) State board of education - member other than president -
$100.00 per day.
(2) A state board of education member shall not be paid a per
diem for more than 30 days per year.
Sec. 302. From the amount appropriated in part 1 to the state
board of education, not more than $35,000.00 for the fiscal year
ending September 30, 2016 shall be expended for in-state travel and
out-of-state travel directly related to the duties of the state
board of education.
MICHIGAN SCHOOLS FOR THE DEAF AND BLIND
Sec. 401. The employees at the Michigan schools for the deaf
and blind who work on a school year basis are considered annual
employees for purposes of service credits, retirement, and
insurance benefits.
Sec. 402. For each student enrolled at the Michigan schools
for the deaf and blind, the department shall assess the
intermediate school district of residence 100% of the cost of
operating the student's instructional program. The amount shall
exclude room and board related costs and the cost of weekend
transportation between the school and the student's home.
Sec. 406. (1) The Michigan schools for the deaf and blind may
promote its residential program as a possible appropriate option
for children who are deaf or hard of hearing or who are blind or
visually impaired. The Michigan schools for the deaf and blind
shall distribute information detailing its services to all
intermediate school districts in the state.
(2) Upon knowledge of or recognition by an intermediate school
district that a child in the district is deaf or hard of hearing or
blind or visually impaired, the intermediate school district shall
provide to the parents of the child the literature distributed by
the Michigan schools for the deaf and blind to intermediate school
districts under subsection (1).
(3) Parents will continue to have a choice regarding the
educational placement of their deaf or hard-of-hearing children.
Sec. 407. Revenue received by the Michigan schools for the
deaf and blind from gifts, bequests, donations, and local district
service fees that is unexpended at the end of the state fiscal year
may be carried over to the succeeding fiscal year and shall not
revert to the general fund.
Sec. 408. In addition to the funds appropriated in part 1, the
funds collected by the Michigan schools for the deaf and the low
incidence outreach program for document reproduction and services;
conferences, workshops, and training classes; and the use of
specialized equipment, facilities, and software are appropriated
for all expenses necessary to provide the required services. These
funds are available for expenditure when they are received and may
be carried forward into the next succeeding fiscal year.
PROFESSIONAL PREPARATION SERVICES
Sec. 501. From the funds appropriated in part 1 for
professional preparation services, the department shall maintain
certificate revocation/felony conviction files for educational
personnel.
Sec. 502. The department shall authorize teacher preparation
institutions to provide an alternative program by which up to 1/2
of the required student internship or student teaching credits may
be earned through substitute teaching. The department shall require
that teacher preparation institutions collaborate with school
districts to ensure that the quality of instruction provided to
student teachers is comparable to that required in a traditional
student teaching program.
Sec. 506. Revenue received from teacher testing fees that is
unexpended at the end of the state fiscal year may be carried over
to the succeeding fiscal year and shall not revert to the general
fund.
STATE AID AND SCHOOL FINANCE SERVICES
Sec. 601. Funds appropriated in part 1 for the financial
independence team shall be expended for the purpose of implementing
an early warning system to identify districts and intermediate
school districts that are in need of financial attention. The
financial independence team shall provide expertise, technical
assistance, and the resources necessary to address the financial
needs for those identified distressed districts and intermediate
school districts.
LIBRARY OF MICHIGAN
Sec. 801. In addition to the funds appropriated in part 1, the
funds collected by the department for document reproduction and
services; conferences, workshops, and training classes; and the use
of specialized equipment, facilities, and software are appropriated
for all expenses necessary to provide the required services. These
funds are available for expenditure when they are received and may
be carried forward into the next succeeding fiscal year.
Sec. 803. It is the intent of the legislature that the library
of Michigan and the component programs currently within the library
of Michigan with the exception of the genealogical collections
shall be kept together in a state department.
Sec. 804. (1) The funds appropriated in part 1 for renaissance
zone reimbursements shall be used to reimburse public libraries
under section 12 of the Michigan renaissance zone act, 1996 PA 376,
MCL 125.2692, for taxes levied in 2015. 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.
Sec. 806. From the increased funds appropriated in part 1 for
state aid to public libraries, it is the intent of the legislature
that the department shall increase the state aid grants to
libraries to support local library operations and programs
including those that develop and improve early literacy skills by
highlighting early literacy resources for emerging readers. The
intent of the increase is to increase the number of children who
are reading at grade level by the end of third grade.
SCHOOL SUPPORT SERVICES
Sec. 901. Within 10 days of the receipt of a grant
appropriated in the federal and private grants line item in part 1,
the department shall notify the house and senate chairpersons of
the appropriations subcommittees responsible for the department
budget, the house and senate fiscal agencies, and the state budget
director of the receipt of the grant, including the funding source,
purpose, and amount of the grant.
MICHIGAN OFFICE OF GREAT START
Sec. 1001. By November 1, 2015, the department shall submit a
report to the house and senate appropriations subcommittees on the
department of education budget and the house and senate fiscal
agencies on the number of eligible child care providers by type
receiving payment for child care services from the department on
October 1, 2015.
Sec. 1003. (1) The department shall provide the house and
senate appropriations subcommittees on the department budget with
an annual report on all funding appropriated to the Early Childhood
Investment Corporation (ECIC) by the state for fiscal year 2014-
2015. The report is due by February 15 and shall contain at least
the following information:
(a) Total funding appropriated to the Early Childhood
Investment Corporation by the state for fiscal year 2014-2015.
(b) The amount of funding for each grant awarded.
(c) The grant recipients.
(d) The activities funded by each grant.
(e) An analysis of each grant recipient's success in
addressing the development of a comprehensive system of early
childhood services and supports.
(2) All department contracts for early childhood comprehensive
systems planning shall be bid out through a statewide request-for-
proposal process.
Sec. 1004. From the increased funds appropriated in part 1 for
child development and care public assistance, the department shall
expand the child development and care program in the current fiscal
year. The purpose of this program expansion is to increase the
number of low-income children in high-quality early learning
programs, to increase the number of children ready for school at
kindergarten entry, and to increase the number of children who are
reading at grade level by the end of third grade.
Sec. 1005. From the funds appropriated in part 1, the
department shall ensure that the kindergarten entry assessment
includes a method for information to be provided regarding a
child's participation in the great start readiness program.
Sec. 1006. 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. 1007. (1) From the increased 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 2015-2016 fiscal year.
(c) The types of on-site visits and the number of visits for
each type that a single consultant has made since the start of
fiscal year 2015-2016.
(d) The number of providers that have improved their quality
rating since the start of fiscal year 2015-2016 compared to the
same time period in fiscal year 2014-2015.
(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, 2016 and September 30, 2016.
PART 2A
PROVISIONS CONCERNING ANTICIPATED APPROPRIATIONS
FOR FISCAL YEAR 2016-2017
GENERAL SECTIONS
Sec. 1201. It is the intent of the legislature to provide
appropriations for the fiscal year ending on September 30, 2017 for
the line items listed in part 1. The fiscal year 2016-2017
appropriations are anticipated to be the same as those for fiscal
year 2015-2016, except that the line items will be adjusted for
changes in caseload and related costs, federal fund match rates,
economic factors, and available revenue. These adjustments will be
determined after the January 2016 consensus revenue estimating
conference.
PART 2B
PROVISIONS CONCERNING APPROPRIATIONS
FOR FISCAL YEAR 2014-2015
GENERAL SECTIONS
Sec. 2201. Pursuant to section 30 of article IX of the state
constitution of 1963, total state spending from state resources
under part 1B for fiscal year 2014-2015 is ($2,703,500.00) and
state spending from state resources to be paid to local units of
government for fiscal year 2014-2015 is $0.00.
Sec. 2202. The appropriations authorized under this part and
part 1B are subject to the management and budget act, 1984 PA 431,
MCL 18.1101 to 18.1594.
ARTICLE VII
DEPARTMENT OF ENVIRONMENTAL QUALITY
PART 1
LINE-ITEM APPROPRIATIONS
Sec. 101. There is appropriated for the department of
environmental quality for the fiscal year ending September 30,
2016, from the following funds:
DEPARTMENT OF ENVIRONMENTAL QUALITY
APPROPRIATION SUMMARY
Full-time equated unclassified positions.......... 6.0
Full-time equated classified positions........ 1,218.0
GROSS APPROPRIATION.................................... $ 486,909,300
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 9,115,300
ADJUSTED GROSS APPROPRIATION........................... $ 477,794,000
Federal revenues:
Federal funds.......................................... 138,079,100
Special revenue funds:
Private funds.......................................... 546,000
Total other state restricted revenues.................. 304,341,200
State general fund/general purpose..................... $ 34,827,700
State general fund/general purpose schedule:
Ongoing state general fund/general
purpose................................... 34,827,700
One-time state general fund/general
purpose............................................ 0
FUND SOURCE SUMMARY
Full-time equated unclassified positions.......... 6.0
Full-time equated classified positions........ 1,218.0
GROSS APPROPRIATION.................................... $ 486,909,300
Interdepartmental grant revenues:
IDG, MDOT - Michigan transportation fund............... 1,310,500
IDG, MDSP.............................................. 1,720,100
IDT, interdivisional charges........................... 2,053,400
IDT, laboratory services............................... 4,031,300
Total interdepartmental grants and intradepartmental
transfers............................................ 9,115,300
ADJUSTED GROSS APPROPRIATION........................... $ 477,794,000
Federal revenues:
Federal funds.......................................... 138,079,100
Special revenue funds:
Private funds.......................................... 546,000
Air emissions fees..................................... 11,910,500
Aquatic nuisance control fund.......................... 897,800
Campground fund........................................ 309,300
Clean Michigan initiative - response activities........ 1,500,000
Clean Michigan initiative - clean water fund........... 2,617,100
Clean Michigan initiative - contaminated sediments..... 1,565,000
Clean Michigan initiative - nonpoint source............ 2,000,000
Cleanup and redevelopment fund......................... 19,105,000
Community pollution prevention fund.................... 250,000
Electronic waste recycling fund........................ 320,700
Environmental education fund........................... 164,000
Environmental pollution prevention fund................ 7,824,700
Environmental protection bond fund..................... 126,800
Environmental protection fund.......................... 2,379,800
Environmental response fund............................ 3,719,000
Fees and collections................................... 421,500
Financial instruments.................................. 9,347,200
Great Lakes protection fund............................ 234,800
Groundwater discharge permit fees...................... 1,719,500
Infrastructure construction fund....................... 50,000
Land and water permit fees............................. 3,150,700
Landfill maintenance trust fund........................ 30,300
Medical waste emergency response fund.................. 325,100
Metallic mining surveillance fee revenue............... 98,900
Mineral well regulatory fee revenue.................... 217,200
Nonferrous metallic mineral surveillance............... 353,600
NPDES fees............................................. 4,459,100
Oil and gas regulatory fund............................ 10,349,200
Orphan well fund....................................... 2,372,300
Public swimming pool fund.............................. 638,500
Public utility assessments............................. 257,400
Public water supply fees............................... 4,861,300
Refined petroleum fund................................. 40,685,600
Revitalization revolving loan fund..................... 100,700
Revolving loan revenue bonds........................... 11,400,000
Sand extraction fee revenue............................ 91,100
Scrap tire regulatory fund............................. 5,066,600
Septage waste contingency fund......................... 18,100
Septage waste program fund............................. 520,400
Settlement funds....................................... 419,000
Sewage sludge land application fees.................... 1,114,800
Small business pollution prevention revolving loan
fund................................................. 162,600
Soil erosion and sedimentation control training fund... 167,000
Solid waste management fund - staff account............ 4,956,400
Stormwater permit fees................................. 3,059,700
Strategic water quality initiatives fund............... 116,173,600
Underground storage tank cleanup fund.................. 20,000,000
Wastewater operator training fees...................... 579,300
Water analysis fees.................................... 2,204,200
Water pollution control revolving fund................. 3,667,500
Water quality protection fund.......................... 100,000
Water use reporting fees............................... 278,300
Total other state restricted revenues.................. 304,341,200
State general fund/general purpose..................... $ 34,827,700
Sec. 102. EXECUTIVE OPERATIONS
Full-time equated unclassified positions.......... 6.0
Full-time equated classified positions........... 13.0
Unclassified salaries--6.0 FTE positions............... $ 735,600
Executive direction--13.0 FTE positions................ 2,058,000
GROSS APPROPRIATION.................................... $ 2,793,600
Appropriated from:
Federal revenues:
Federal funds.......................................... 27,100
Special revenue funds:
Environmental protection fund.......................... 298,100
Environmental response fund............................ 169,300
Oil and gas regulatory fund............................ 221,800
Refined petroleum fund................................. 590,900
Settlement funds....................................... 11,400
State general fund/general purpose..................... $ 1,475,000
Sec. 103. OFFICE OF THE GREAT LAKES
Full-time equated classified positions........... 12.0
Office of the Great Lakes--12.0 FTE positions.......... $ 2,141,200
Coastal management grants.............................. 1,250,000
GROSS APPROPRIATION.................................... $ 3,391,200
Appropriated from:
Federal revenues:
Federal funds.......................................... 2,176,300
Special revenue funds:
Great Lakes protection fund............................ 213,500
Settlement funds....................................... 111,900
State general fund/general purpose..................... $ 889,500
Sec. 104. GREAT LAKES RESTORATION INITIATIVE
Full-time equated classified positions............ 6.0
Great Lakes restoration initiative--6.0 FTE positions.. $ 15,046,100
GROSS APPROPRIATION.................................... $ 15,046,100
Appropriated from:
Federal revenues:
Federal funds.......................................... 15,046,100
Special revenue funds:
State general fund/general purpose..................... $ 0
Sec. 105. DEPARTMENT SUPPORT SERVICES
Full-time equated classified positions........... 34.0
Central support services--34.0 FTE positions........... $ 4,073,300
Accounting service center.............................. 1,362,200
Administrative hearings................................ 372,200
Automated data processing.............................. 2,053,400
Building occupancy charges............................. 4,438,600
Environmental support projects......................... 5,000,000
Rent - privately owned property........................ 2,281,200
GROSS APPROPRIATION.................................... $ 19,580,900
Appropriated from:
Interdepartmental grant revenues:
IDG, MDSP.............................................. 59,100
IDT, interdivisional charges........................... 2,053,400
IDT, laboratory services............................... 150,200
Special revenue funds:
Air emissions fees..................................... 1,230,600
Campground fund........................................ 13,900
Cleanup and redevelopment fund......................... 1,408,500
Electronic waste recycling fund........................ 15,000
Environmental pollution prevention fund................ 759,700
Environmental response fund............................ 213,400
Fees and collections................................... 26,100
Financial instruments.................................. 7,218,700
Great Lakes protection fund............................ 13,800
Groundwater discharge permit fees...................... 178,900
Land and water permit fees............................. 515,600
Medical waste emergency response fund.................. 15,600
Metallic mining surveillance fee revenue............... 4,400
Mineral well regulatory fee revenue.................... 7,800
Nonferrous metallic mineral surveillance............... 800
NPDES fees............................................. 217,700
Oil and gas regulatory fund............................ 593,400
Orphan well fund....................................... 45,900
Public swimming pool fund.............................. 23,800
Public utility assessments............................. 19,900
Public water supply fees............................... 168,800
Refined petroleum fund................................. 1,611,500
Sand extraction fee revenue............................ 3,700
Scrap tire regulatory fund............................. 154,000
Septage waste program fund............................. 17,500
Settlement funds....................................... 36,500
Sewage sludge land application fees.................... 117,600
Small business pollution prevention revolving loan
fund................................................. 16,900
Soil erosion and sedimentation control training fund... 16,500
Solid waste management fund - staff account............ 298,300
Stormwater permit fees................................. 111,600
Wastewater operator training fees...................... 30,000
Water analysis fees.................................... 134,300
Water use reporting fees............................... 21,500
State general fund/general purpose..................... $ 2,056,000
Sec. 106. OFFICE OF ENVIRONMENTAL ASSISTANCE
Full-time equated classified positions........... 38.0
Office of environmental assistance--38.0 FTE positions. $ 6,179,400
Pollution prevention local grants...................... 250,000
GROSS APPROPRIATION.................................... $ 6,429,400
Appropriated from:
Federal revenues:
Federal funds.......................................... 695,100
Special revenue funds:
Private funds.......................................... 359,200
Air emissions fees..................................... 134,600
Community pollution prevention fund.................... 250,000
Environmental education fund........................... 164,000
Environmental pollution prevention fund................ 1,481,700
Fees and collections................................... 118,500
Settlement funds....................................... 259,200
Small business pollution prevention revolving loan
fund................................................. 132,500
State general fund/general purpose..................... $ 2,834,600
Sec. 107. WATER RESOURCE DIVISION
Full-time equated classified positions.......... 316.0
Land and water interface permit programs--82.0 FTE
positions............................................ $ 11,439,100
Program direction and project assistance--27.0 FTE
positions............................................ 2,972,900
Water withdrawal assessment program--4.0 FTE positions. 611,900
Water quality and use initiative/general--5.0 FTE
positions............................................ 1,624,000
Real-time beach monitoring program..................... 500,000
Wetlands program....................................... 1,000,000
Aquatic nuisance control program--6.0 FTE positions.... 897,800
Expedited water/wastewater permits--1.0 FTE position... 50,000
Fish contaminant monitoring............................ 316,100
Groundwater discharge--22.0 FTE positions.............. 3,157,800
NPDES nonstormwater program--83.0 FTE positions........ 12,777,900
Surface water--86.0 FTE positions...................... 15,638,200
Federal - Great Lakes remedial action plan grants...... 583,800
Federal - nonpoint source water pollution grants....... 4,083,300
Contaminated lake and river sediment cleanup program... 1,565,000
Nonpoint source pollution prevention and control
project program...................................... 2,000,000
Wetland mitigation banking grants and loans............ 3,000,000
Water quality protection grants........................ 100,000
GROSS APPROPRIATION.................................... $ 62,317,800
Appropriated from:
Interdepartmental grant revenues:
IDG, MDOT - Michigan transportation fund............... 1,225,400
Federal revenues:
Federal funds.......................................... 19,233,000
Special revenue funds:
Aquatic nuisance control fund.......................... 897,800
Clean Michigan initiative - clean water fund........... 2,617,100
Clean Michigan initiative - contaminated sediments..... 1,565,000
Clean Michigan initiative - nonpoint source............ 2,000,000
Environmental response fund............................ 201,600
Groundwater discharge permit fees...................... 1,446,200
Infrastructure construction fund....................... 50,000
Land and water permit fees............................. 2,295,900
NPDES fees............................................. 4,070,300
Refined petroleum fund................................. 440,600
Sewage sludge land application fees.................... 936,200
Soil erosion and sedimentation control training fund... 137,600
Stormwater permit fees................................. 2,860,700
Strategic water quality initiatives fund............... 3,000,000
Wastewater operator training fees...................... 276,600
Water pollution control revolving fund................. 809,500
Water quality protection fund.......................... 100,000
Water use reporting fees............................... 240,500
State general fund/general purpose..................... $ 17,913,800
Sec. 108. LAW ENFORCEMENT DIVISION
Full-time equated classified positions........... 14.0
Environmental investigations--14.0 FTE positions....... $ 2,809,200
GROSS APPROPRIATION.................................... $ 2,809,200
Appropriated from:
Interdepartmental grant revenues:
IDT, laboratory services............................... 15,700
Federal revenues:
Federal funds.......................................... 569,500
Special revenue funds:
Air emissions fees..................................... 55,900
Campground fund........................................ 2,100
Cleanup and redevelopment fund......................... 185,500
Electronic waste recycling fund........................ 1,600
Environmental pollution prevention fund................ 106,200
Environmental response fund............................ 40,000
Fees and collections................................... 4,100
Financial instruments.................................. 513,600
Great Lakes protection fund............................ 1,500
Groundwater discharge permit fees...................... 18,700
Land and water permit fees............................. 76,900
Medical waste emergency response fund.................. 2,400
Metallic mining surveillance fee revenue............... 700
Mineral well regulatory fee revenue.................... 1,200
NPDES fees............................................. 31,900
Oil and gas regulatory fund............................ 85,700
Orphan well fund....................................... 7,100
Public swimming pool fund.............................. 3,700
Public utility assessments............................. 2,000
Public water supply fees............................... 26,200
Refined petroleum fund................................. 360,900
Sand extraction fee revenue............................ 600
Scrap tire regulatory fund............................. 28,900
Septage waste program fund............................. 2,700
Sewage sludge land application fees.................... 12,100
Small business pollution prevention revolving loan
fund................................................. 2,600
Soil erosion and sedimentation control training fund... 2,600
Solid waste management fund - staff account............ 40,400
Stormwater permit fees................................. 17,400
Wastewater operator training fees...................... 4,600
Water analysis fees.................................... 18,100
Water use reporting fees............................... 3,100
State general fund/general purpose..................... $ 563,000
Sec. 109. AIR QUALITY DIVISION
Full-time equated classified positions.......... 188.0
Air quality programs--188.0 FTE positions.............. $ 26,768,000
GROSS APPROPRIATION.................................... $ 26,768,000
Appropriated from:
Federal revenues:
Federal funds.......................................... 7,322,000
Special revenue funds:
Air emissions fees..................................... 9,831,400
Environmental pollution prevention fund................ 1,337,000
Fees and collections................................... 222,400
Oil and gas regulatory fund............................ 134,600
Refined petroleum fund................................. 3,589,900
State general fund/general purpose..................... $ 4,330,700
Sec. 110. RESOURCE MANAGEMENT DIVISION
Full-time equated classified positions.......... 305.0
Drinking water and environmental health--106.0 FTE
positions............................................ $ 14,655,000
Hazardous waste management program--45.0 FTE positions. 6,795,500
Low-level radioactive waste authority--2.0 FTE
positions............................................ 227,700
Medical waste program--2.0 FTE positions............... 297,200
Municipal assistance--29.0 FTE positions............... 4,724,600
Radiological protection program--12.0 FTE positions.... 1,939,200
Scrap tire regulatory program--10.0 FTE positions...... 1,320,200
Oil, gas, and mineral services--59.0 FTE positions..... 12,012,800
Recycling initiative--3.0 FTE positions................ 999,100
Solid waste management program--37.0 FTE positions..... 4,925,900
Drinking water program grants.......................... 830,000
Noncommunity water grants.............................. 2,000,000
Septage waste compliance grants........................ 275,000
Strategic water quality initiative grants and loans.... 97,000,000
Water pollution control and drinking water revolving
fund................................................. 84,993,000
Scrap tire grants...................................... 3,500,000
GROSS APPROPRIATION.................................... $ 236,495,200
Appropriated from:
Interdepartmental grant revenues:
IDG, MDSP.............................................. 1,635,600
Federal revenues:
Federal funds.......................................... 85,785,900
Special revenue funds:
Campground fund........................................ 285,000
Electronic waste recycling fund........................ 297,700
Environmental pollution prevention fund................ 3,686,500
Fees and collections................................... 34,000
Medical waste emergency response fund.................. 297,200
Metallic mining surveillance fee revenue............... 91,100
Mineral well regulatory fee revenue.................... 203,300
Nonferrous metallic mineral surveillance............... 352,500
Oil and gas regulatory fund............................ 8,991,200
Orphan well fund....................................... 2,290,200
Public swimming pool fund.............................. 596,000
Public utility assessments............................. 227,700
Public water supply fees............................... 4,217,400
Refined petroleum fund................................. 670,300
Revolving loan revenue bonds........................... 11,400,000
Sand extraction fee revenue............................ 84,500
Scrap tire regulatory fund............................. 4,820,200
Septage waste contingency fund......................... 18,100
Septage waste program fund............................. 489,000
Solid waste management fund - staff account............ 4,448,700
Strategic water quality initiatives fund............... 98,173,600
Wastewater operator training fees...................... 249,200
Water pollution control revolving fund................. 2,814,900
State general fund/general purpose..................... $ 4,335,400
Sec. 111. REMEDIATION AND REDEVELOPMENT DIVISION
Full-time equated classified positions.......... 291.0
Contaminated site investigations, cleanup and
revitalization--202.0 FTE positions.................. $ 24,329,900
Federal cleanup project management--50.0 FTE positions. 8,858,900
Laboratory services--39.0 FTE positions................ 6,082,600
Environmental bond site reclamation program............ 126,800
Brownfield grants...................................... 1,500,000
Emergency cleanup actions.............................. 4,000,000
Environmental cleanup support.......................... 1,840,000
Environmental cleanup and redevelopment program........ 15,000,000
Refined petroleum product cleanup program.............. 20,000,000
Superfund cleanup...................................... 1,000,000
GROSS APPROPRIATION.................................... $ 82,738,200
Appropriated from:
Interdepartmental grant revenues:
IDT, laboratory services............................... 3,801,400
Federal revenues:
Federal funds.......................................... 6,248,100
Special revenue funds:
Private funds.......................................... 186,800
Clean Michigan initiative - response activities........ 1,500,000
Cleanup and redevelopment fund......................... 16,758,900
Environmental protection bond fund..................... 126,800
Environmental protection fund.......................... 1,995,400
Environmental response fund............................ 2,931,200
Landfill maintenance trust fund........................ 30,300
Public water supply fees............................... 302,800
Refined petroleum fund................................. 31,777,400
Revitalization revolving loan fund..................... 100,700
Strategic water quality initiatives fund............... 15,000,000
Water analysis fees.................................... 1,978,400
State general fund/general purpose..................... $ 0
Sec. 112. UNDERGROUND STORAGE TANK AUTHORITY
Full-time equated classified positions............ 1.0
Underground storage tank cleanup
program--1.0 FTE position............................ $ 20,000,000
GROSS APPROPRIATION.................................... $ 20,000,000
Appropriated from:
Special revenue funds:
Underground storage tank cleanup fund.................. 20,000,000
State general fund/general purpose..................... $ 0
Sec. 113. INFORMATION TECHNOLOGY
Information technology services and projects........... $ 8,539,700
GROSS APPROPRIATION.................................... $ 8,539,700
Appropriated from:
Interdepartmental grant revenues:
IDG, MDOT - Michigan transportation fund............... 85,100
IDG, MDSP.............................................. 25,400
IDT, laboratory services............................... 64,000
Federal revenues:
Federal funds.......................................... 976,000
Special revenue funds:
Air emissions fees..................................... 658,000
Campground fund........................................ 8,300
Cleanup and redevelopment fund......................... 752,100
Electronic waste recycling fund........................ 6,400
Environmental pollution prevention fund................ 453,600
Environmental protection fund.......................... 86,300
Environmental response fund............................ 163,500
Fees and collections................................... 16,400
Financial instruments.................................. 1,614,900
Great Lakes protection fund............................ 6,000
Groundwater discharge permit fees...................... 75,700
Land and water permit fees............................. 262,300
Medical waste emergency response fund.................. 9,900
Metallic mining surveillance fee revenue............... 2,700
Mineral well regulatory fee revenue.................... 4,900
Nonferrous metallic mineral surveillance............... 300
NPDES fees............................................. 139,200
Oil and gas regulatory fund............................ 322,500
Orphan well fund....................................... 29,100
Public swimming pool fund.............................. 15,000
Public utility assessments............................. 7,800
Public water supply fees............................... 146,100
Refined petroleum fund................................. 1,644,100
Sand extraction fee revenue............................ 2,300
Scrap tire regulatory fund............................. 63,500
Septage waste program fund............................. 11,200
Sewage sludge land application fees.................... 48,900
Small business pollution prevention revolving loan
fund................................................. 10,600
Soil erosion and sedimentation control training fund... 10,300
Solid waste management fund - staff account............ 169,000
Stormwater permit fees................................. 70,000
Wastewater operator training fees...................... 18,900
Water analysis fees.................................... 73,400
Water pollution control revolving fund................. 43,100
Water use reporting fees............................... 13,200
State general fund/general purpose..................... $ 429,700
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
FOR FISCAL YEAR 2015-2016
GENERAL SECTIONS
Sec. 201. Pursuant to section 30 of article IX of the state
constitution of 1963, total state spending from state resources
under part 1 for fiscal year 2015-2016 is $339,168,900.00 and state
spending from state resources to be paid to local units of
government for fiscal year 2015-2016 is $3,648,500.00. The itemized
statement below identifies appropriations from which spending to
local units of government will occur:
GRANTS
Drinking water and environmental health................ $ 1,800,000
Surface water quality program.......................... 500,000
Waste management programs.............................. 1,073,500
Septage waste compliance program....................... 275,000
TOTAL.................................................. $ 3,648,500
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) "Department" means the department of environmental
quality.
(b) "Director" means the director of the department.
(c) "FTE" means full-time equated.
(d) "IDG" means interdepartmental grant.
(e) "IDT" means intradepartmental transfer.
(f) "MDOT" means the state transportation department.
(g) "MDSP" means the department of state police.
(h) "NPDES" means national pollution discharge elimination
system.
Sec. 204. In addition to the metrics required under section
447 of the management and budget act, 1984 PA 431, MCL 18.1447, for
each new program or program enhancement for which funds in excess
of $500,000.00 are appropriated in part 1, the department shall
provide not later than November 1, 2015 a list of program-specific
metrics intended to measure its performance based on a return on
taxpayer investment. The department shall deliver the program-
specific metrics to members of the senate and house subcommittees
that have subject matter jurisdiction for this budget, fiscal
agencies, and the state budget director. The department shall
provide an update on its progress in tracking program-specific
metrics and the status of program success at an appropriations
subcommittee meeting called for by the subcommittee chair.
Sec. 205. The departments and agencies receiving
appropriations in part 1 shall use the Internet to fulfill the
reporting requirements of this part. This requirement may include
transmission of reports via electronic mail to the recipients
identified for each reporting requirement, or it may include
placement of reports on an Internet or intranet site.
Sec. 207. The departments and agencies receiving
appropriations in part 1 shall receive and retain copies of all
reports funded from appropriations in part 1. Federal and state
guidelines for short-term and long-term retention of records shall
be followed. The department may electronically retain copies of
reports unless otherwise required by federal and state guidelines.
Sec. 209. The departments and agencies receiving
appropriations in part 1 shall prepare a report on out-of-state
travel expenses not later than January 1 of each year. The travel
report shall be a listing of all travel by classified and
unclassified employees outside this state in the immediately
preceding fiscal year that was funded in whole or in part with
funds appropriated in the department's budget. The report shall be
submitted to the house and senate appropriations committees, the
house and senate fiscal agencies, and the state budget director.
The report shall include the following information:
(a) The dates of each travel occurrence.
(b) The total transportation and related costs of each travel
occurrence, including the proportion funded with state general
fund/general purpose revenues, the proportion funded with state
restricted revenues, the proportion funded with federal revenues,
and the proportion funded with other revenues.
Sec. 210. Funds appropriated in part 1 shall not be used for
the purchase of foreign goods or services, or both, if
competitively priced and of comparable quality American goods or
services, or both, are available. Preference shall be given to
goods or services, or both, manufactured or provided by Michigan
businesses and associated subcontractors if they are competitively
priced and of comparable quality. In addition, preference shall be
given to goods or services, or both, that are manufactured or
provided by Michigan businesses owned and operated by veterans, if
they are competitively priced and of comparable quality.
Sec. 211. 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. 212. The department shall not take disciplinary action
against an employee for communicating with a member of the
legislature or his or her staff.
Sec. 213. (1) Funds appropriated in part 1 shall not be used
by the department to promulgate a rule that will apply to a small
business and that will have a disproportionate economic impact on
small businesses because of the size of those businesses if the
department fails to reduce the disproportionate economic impact of
the rule on small businesses as provided under section 40 of the
administrative procedures act of 1969, 1969 PA 306, MCL 24.240.
(2) As used in this section:
(a) "Rule" means that term as defined under section 7 of the
administrative procedures act of 1969, 1969 PA 306, MCL 24.207.
(b) "Small business" means that term as defined under section
7a of the administrative procedures act of 1969, 1969 PA 306, MCL
24.207a.
Sec. 214. Funds appropriated in this part and part 1 shall not
be used by a principal executive department, state agency, or
authority to hire a person to provide legal services that are the
responsibility of the attorney general. This prohibition does not
apply to legal services for bonding activities and for those
activities that the attorney general authorizes.
Sec. 215. (1) In addition to the funds appropriated in part 1,
there is appropriated an amount not to exceed $30,000,000.00 for
federal contingency funds. These funds are not available for
expenditure until they have been transferred to another line item
in part 1 under section 393(2) of the management and budget act,
1984 PA 431, MCL 18.1393.
(2) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $5,000,000.00 for state
restricted contingency funds. These funds are not available for
expenditure until they have been transferred to another line item
in part 1 under section 393(2) of the management and budget act,
1984 PA 431, MCL 18.1393.
(3) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $100,000.00 for local
contingency funds. These funds are not available for expenditure
until they have been transferred to another line item in part 1
under section 393(2) of the management and budget act, 1984 PA 431,
MCL 18.1393.
(4) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $500,000.00 for private
contingency funds. These funds are not available for expenditure
until they have been transferred to another line item in part 1
under section 393(2) of the management and budget act, 1984 PA 431,
MCL 18.1393.
Sec. 216. (1) The department shall report all of the following
information relative to allocations made from appropriations for
the environmental cleanup and redevelopment program, state cleanup,
emergency actions, superfund cleanup, the revitalization revolving
loan program, the brownfield grants and loans program, the leaking
underground storage tank cleanup program, the contaminated lake and
river sediments cleanup program, the refined petroleum product
cleanup program, and the environmental protection bond projects
under section 19508(7) of the natural resources and environmental
protection act, 1994 PA 451, MCL 324.19508, to the state budget
director, the senate and house appropriations subcommittees on
environmental quality, and the senate and house fiscal agencies:
(a) The name and location of the site for which an allocation
is made.
(b) The nature of the problem encountered at the site.
(c) A brief description of how the problem will be resolved if
the allocation is made for a response activity.
(d) The estimated date that site closure activities will be
completed.
(e) The amount of the allocation, or the anticipated financing
for the site.
(f) A summary of the sites and the total amount of funds
expended at the sites at the conclusion of the fiscal year.
(g) The number of brownfield projects that were successfully
redeveloped.
(2) The report prepared under subsection (1) shall also
include all of the following:
(a) The status of all state-owned facilities that are on the
list compiled under part 201 of the natural resources and
environmental protection act, 1994 PA 451, MCL 324.20101 to
324.20142.
(b) The report shall include the total amount of funds
expended during the fiscal year and the total amount of funds
awaiting expenditure.
(c) The total amount of bonds issued for the environmental
protection bond program pursuant to part 193 of the natural
resources and environmental protection act, 1994 PA 451, MCL
324.19301 to 324.19306, and bonds issued pursuant to the clean
Michigan initiative act, 1998 PA 284, MCL 324.95101 to 324.95108.
(3) The report shall be made available by March 31 of each
year.
Sec. 217. (1) The department may expend amounts remaining from
the current and prior fiscal year appropriations to meet funding
needs of legislatively approved sites for the environmental cleanup
and redevelopment program, the refined petroleum product cleanup
program, brownfield grants and loans, waterfront grants, and the
environmental bond site reclamation program.
(2) Unexpended and unencumbered amounts remaining from
appropriations from the environmental protection bond fund
contained in 2003 PA 173, 2005 PA 109, 2006 PA 343, 2011 PA 63, and
2012 PA 236 are appropriated for expenditure for any site listed in
this part and part 1 and any site listed in the public acts
referenced in this section.
(3) Unexpended and unencumbered amounts remaining from
appropriations from the clean Michigan initiative fund - response
activities contained in 2000 PA 52, 2004 PA 309, 2005 PA 11, 2006
PA 343, 2007 PA 121, 2011 PA 63, 2013 PA 59, and 2014 PA 252 are
appropriated for expenditure for any site listed in this part and
part 1 and any site listed in the public acts referenced in this
section.
(4) Unexpended and unencumbered amounts remaining from
appropriations from the refined petroleum fund activities contained
in 2007 PA 121, 2008 PA 247, 2009 PA 118, 2010 PA 189, 2011 PA 63,
2012 PA 200, 2013 PA 59, and 2014 PA 252 are appropriated for
expenditure for any site listed in this part and part 1 and any
site listed in the public acts referenced in this section.
(5) Unexpended and unencumbered amounts remaining from the
appropriations from the strategic water quality initiatives fund
contained in 2011 PA 50, 2011 PA 63, 2012 PA 200, 2013 PA 59, and
2014 PA 252 are appropriated for expenditure for any site listed in
this part and part 1 and any site listed in the public acts
referenced in this section.
Sec. 219. Unexpended settlement revenues at the end of the
fiscal year may be carried forward into the settlement fund in the
succeeding fiscal year up to a maximum carryforward of
$2,500,000.00.
Sec. 221. 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. 222. Within 14 days after the release of the executive
budget recommendation, the department shall cooperate with the
state budget office to provide the senate and house appropriations
chairs, the senate and house appropriations subcommittee chairs,
and the senate and house fiscal agencies with an annual report on
estimated state restricted fund balances, state restricted fund
projected revenues, and state restricted fund expenditures for the
fiscal years ending September 30, 2015 and September 30, 2016.
Sec. 223. Part 1 provides authorizations to fund classified
positions during the fiscal year ending September 30, 2016. Line-
item appropriations include limitations on the number of payroll
hours to be funded, on the basis of 2,088 hours per each FTE
position. The department shall report the number of funded FTE
positions within 15 days after the effective date of this part. The
number of classified employees compensated through each line item
is limited by the authorized FTE positions indicated in part 1, as
adjusted for the number of reported funded FTE positions. The
report shall be provided to the house and senate appropriations
subcommittees on environmental quality and the house and senate
fiscal agencies.
Sec. 225. 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. 231. The department shall maintain, on a publicly
accessible website, a department scorecard that identifies, tracks,
and regularly updates key metrics that are used to monitor and
improve the agency's performance.
Sec. 234. Total authorized appropriations from all sources
under part 1 for legacy costs for the fiscal year ending September
30, 2016 are $32,301,900.00. From this amount, total agency
appropriations for pension-related legacy costs are estimated at
$18,340,800.00. Total agency appropriations for retiree health care
legacy costs are estimated at $13,961,100.00.
REMEDIATION DIVISION
Sec. 301. Revenues remaining in the interdepartmental
transfers, laboratory services at the end of the fiscal year shall
carry forward into the succeeding fiscal year.
Sec. 302. The unexpended funds appropriated in part 1 for
emergency cleanup actions, the environmental cleanup and
redevelopment program, and the refined petroleum product cleanup
program are considered work project appropriations and any
unencumbered or unallotted funds are carried forward into the
succeeding fiscal year. The following is in compliance with section
451a(1) of the management and budget act, 1984 PA 431, MCL
18.1451a:
(a) The purpose of the projects to be carried forward is to
provide contaminated site cleanup.
(b) The projects will be accomplished by contract.
(c) The total estimated cost of all projects is identified in
each line-item appropriation.
(d) The tentative completion date is September 30, 2020.
Sec. 303. Effective October 1, 2015, surplus funds not to
exceed $1,000,000.00 in the cleanup and redevelopment trust fund
are appropriated to the environmental protection fund created in
section 503a of the natural resources and environmental protection
act, 1994 PA 451, MCL 324.503a.
Sec. 304. Effective October 1, 2015, surplus funds not to
exceed $1,000,000.00 in the community pollution prevention fund
created in section 3f of 1976 IL 1, MCL 445.573f, are appropriated
to the environmental protection fund created in section 503a of the
natural resources and environmental protection act, 1994 PA 451,
MCL 324.503a.
Sec. 305. It is the intent of the legislature to repay the
refined petroleum fund for the $70,000,000.00 that was transferred
to the environmental protection fund created in section 503a of the
natural resources and environmental protection act, 1994 PA 451,
MCL 324.503a, as part of the resolution for the fiscal year 2006-
2007 budget.
Sec. 306. (1) The funds appropriated in part 1 for the refined
petroleum product cleanup program shall be used to fund cleanup
activities on the following sites:
Site Name County
Long Lake Super Market Alpena
11192 S M-43 Barry
Mel's Service Bay
American Laundry - Benton Harbor Berrien
Spencer's Cleaners Berrien
Baker Oil (W. Dickman) Calhoun
USA MiniMart in Sault Ste. Marie Chippewa
VanSloten Shell in Rudyard Chippewa
City of Davison-Mill St Genesee
Flint FD Fleet Admin Genesee
Flint Water Department Service Center Genesee
Howard Jameson A+H Racing Gladwin
Clark #1501 Jackson