STATE OF MICHIGAN
JOURNAL
OF THE
House of Representatives
100th Legislature
REGULAR SESSION OF 2019
House Chamber, Lansing, Tuesday, September 24, 2019.
10:00 a.m.
The House was called to order by the Speaker.
The roll was called by
the Clerk of the House of Representatives, who announced that a quorum was
present.
Afendoulis present Filler present Kahle present Reilly present
Albert present Frederick present Kennedy present Rendon present
Alexander present Garrett present Koleszar present Robinson present
Allor present Garza present Kuppa present Sabo present
Anthony present Gay-Dagnogo present LaFave present Schroeder present
Bellino present Glenn present LaGrand present Shannon present
Berman present Green present Lasinski present Sheppard present
Bolden present Greig present Leutheuser present Slagh present
Bollin present Griffin present Liberati present Sneller present
Brann present Guerra present Lightner present Sowerby present
Brixie present Haadsma present Lilly present Stone present
Byrd present Hall present Love present Tate present
Calley present Hammoud present Lower present VanSingel present
Cambensy present Hauck present Maddock present VanWoerkom present
Camilleri present Hernandez present Manoogian present Vaupel present
Carter, B. excused Hertel present Marino present Wakeman present
Carter, T. present Hoadley present Markkanen present Warren present
Chatfield present Hoitenga present Meerman present Webber present
Cherry present Hood present Miller present Wendzel present
Chirkun present Hope present Mueller present Wentworth present
Clemente present Hornberger present Neeley present Whiteford present
Cole present Howell present O Malley present Whitsett present
Coleman present Huizenga present Pagan present Wittenberg present
Crawford present Iden present Paquette present Witwer present
Eisen present Inman e/d/s Peterson present Wozniak present
Elder present Johnson, C. present Pohutsky present Yancey present
Ellison present Johnson, S. present Rabhi present Yaroch present
Farrington present Jones present
e/d/s = entered during session
Pastor Winston Churchill
Patterson, Pastor of Ypsilanti Seventh-Day Adventist Church in Ypsilanti,
offered the following invocation:
Our gracious, loving, and
everlasting Father, to You alone belong our praise and worship for this day. So
we declare that You are holy, true, and righteous.
We humbly ask that Your grace and
forgiveness be extended to each of us in this assembly. We are imperfect in all
our ways, yet we ask that You affirm our best intentions by Your copious
blessings which at all times bring true success.
Grant unto each of the 110
Michigan House of Representatives Your knowledge, Your wisdom, Your understanding
and almighty power, that they make the right decisions as they govern the
citizens of this great State with humility and dedication. I pray that You give
to each one a body free from sickness and pain. Send Your protective covering
to shield them from accidents or any other misfortune as they traverse the
length and breadth of this State. Bless their families and love ones with
contentment, happiness, and love.
We submit our items of discussion
to You for Your blessings of clarity, relevancy and urgency. Please continue by
Your divine providence to make the conclusions of deliberations just and
equitable for all.
Thank You in Your name which is
above all other names.
Amen
______
The
Speaker called Associate Speaker Pro Tempore Lilly to the Chair.
______
Rep.
Cole moved that Rep. Brenda Carter be excused from today s session.
The
motion prevailed.
Reports
of Select Committees
First Conference Report
The Committee of Conference on the
matters of difference between the two Houses concerning
House
Bill No. 4239, entitled
A bill to make appropriations for
the department of licensing and regulatory affairs for the fiscal year ending
September 30, 2020; and to provide for the expenditure of the appropriations.
Recommends:
First: That the Senate recede from
the Substitute of the Senate as passed by the Senate.
Second: That the House and Senate
agree to the Substitute of the House as passed by the House, amended to read as
follows:
A bill to make appropriations for
the department of licensing and regulatory affairs for the fiscal year ending
September 30, 2020; and to provide for the expenditure of the appropriations.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
PART 1
LINE-ITEM APPROPRIATIONS
Sec. 101. There is appropriated
for the department of licensing and regulatory affairs for the fiscal year
ending September 30, 2020, from the following funds:
DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS
APPROPRIATION SUMMARY
Full-time equated unclassified
positions....................................................... 57.5
Full-time equated classified
positions...................................................... 2,328.3
GROSS APPROPRIATION............................................................................... $ 566,294,000
Interdepartmental grant revenues:
Total interdepartmental grants and
intradepartmental transfers................................ 49,014,200
ADJUSTED GROSS APPROPRIATION............................................................ $ 517,279,800
[Please see the PDF version of this journal, if available, to view this image.]
Federal revenues:
Total federal revenues........................................................................................ 91,988,300
Special revenue funds:
Total local revenues........................................................................................... 100,000
Total private revenues........................................................................................ 111,800
Total other state restricted
revenues..................................................................... 301,049,000
State general fund/general purpose...................................................................... $ 124,030,700
Sec. 102. DEPARTMENTAL
ADMINISTRATION AND SUPPORT
Full-time equated unclassified
positions....................................................... 57.5
Full-time equated classified
positions........................................................ 104.0
Unclassified salaries 57.5 FTE
positions............................................................ $ 5,443,200
Administrative services 77.0 FTE
positions....................................................... 9,041,700
Executive director programs 24.0
FTE positions................................................. 3,337,000
FOIA coordination 3.0 FTE
positions................................................................ 319,400
Property management........................................................................................ 11,874,900
Worker s compensation...................................................................................... 232,700
GROSS APPROPRIATION............................................................................... $ 30,248,900
Appropriated from:
Interdepartmental grant revenues:
IDG from DIFS, accounting services................................................................... 150,000
IDG from LEO, unemployment
hearings.............................................................. 625,400
Federal revenues:
DED, vocational rehabilitation and
independent living........................................... 921,600
DOL, occupational safety and
health................................................................... 713,600
EPA, underground storage tanks......................................................................... 29,000
HHS - Medicaid, certification of
health care providers and suppliers....................... 405,200
HHS - Medicare, certification of
health care providers and suppliers....................... 589,300
Special revenue funds:
Aboveground storage tank fees........................................................................... 92,400
Accountancy enforcement fund........................................................................... 60,900
Asbestos abatement fund.................................................................................... 150,900
Boiler inspection fund........................................................................................ 280,300
Builder enforcement fund................................................................................... 101,700
Construction code fund...................................................................................... 772,600
Corporation fees................................................................................................ 5,757,100
Elevator fees..................................................................................................... 304,200
Fire alarm fees.................................................................................................. 7,300
Fire safety standard and
enforcement fund............................................................ 2,100
Fire service fees................................................................................................ 459,300
Fireworks safety fund......................................................................................... 60,100
Health professions regulatory fund...................................................................... 1,625,900
Health systems fees........................................................................................... 244,200
Licensing and regulation fund............................................................................. 902,400
Liquor license revenue....................................................................................... 300,000
Liquor purchase revolving fund........................................................................... 3,647,200
Marihuana registry fund..................................................................................... 727,500
Marihuana regulation fund.................................................................................. 21,000
Marihuana regulatory fund................................................................................. 534,000
Michigan unarmed combat fund.......................................................................... 5,900
Mobile home code fund...................................................................................... 283,800
Nurse professional fund...................................................................................... 38,200
PMECSEMA fund............................................................................................. 45,800
Private occupational school
license fees............................................................... 55,500
Property development fees.................................................................................. 7,400
Public utility assessments................................................................................... 2,998,500
Radiological health fees..................................................................................... 284,900
Real estate appraiser education
fund.................................................................... 2,600
[Please see the PDF version of this journal, if available, to view this image.]
Real estate education fund.................................................................................. 11,100
Real estate enforcement fund.............................................................................. 11,400
Refined petroleum fund...................................................................................... 173,300
Restructuring mechanism
assessments................................................................. 32,300
Safety education and training fund....................................................................... 828,300
Second injury fund............................................................................................ 272,800
Securities fees................................................................................................... 3,639,400
Securities investor education and
training fund..................................................... 9,300
Security business fund........................................................................................ 7,000
Self-insurers security fund.................................................................................. 150,000
Silicosis and dust disease fund............................................................................ 111,300
Survey and remonumentation fund...................................................................... 97,600
Tax tribunal fund............................................................................................... 825,300
Utility consumer representation
fund................................................................... 54,000
Worker s compensation
administrative revolving fund........................................... 90,100
State general fund/general purpose...................................................................... $ 727,900
Sec. 103. PUBLIC SERVICE
COMMISSION
Full-time equated classified
positions........................................................ 188.0
Public service commission 188.0
FTE positions................................................. $ 32,308,100
GROSS APPROPRIATION............................................................................... $ 32,308,100
Appropriated from:
Federal revenues:
DOT, gas pipeline safety.................................................................................... 2,233,500
Special revenue funds:
Public utility assessments................................................................................... 29,512,800
Restructuring mechanism
assessments................................................................. 561,800
State general fund/general purpose...................................................................... $ 0
Sec. 104. LIQUOR CONTROL
COMMISSION
Full-time equated classified
positions........................................................ 145.0
Liquor licensing and enforcement 116.0
FTE positions....................................... $ 16,243,700
Management support services 29.0
FTE positions............................................... 4,564,100
GROSS APPROPRIATION............................................................................... $ 20,807,800
Appropriated from:
Special revenue funds:
Direct shipper enforcement
revolving fund........................................................... 302,300
Liquor control enforcement and
license investigation revolving fund....................... 175,000
Liquor license fee enhancement
fund................................................................... 76,400
Liquor license revenue....................................................................................... 7,690,000
Liquor purchase revolving fund........................................................................... 12,564,100
State general fund/general purpose...................................................................... $ 0
Sec. 105. OCCUPATIONAL REGULATION
Full-time equated classified
positions...................................................... 1,161.9
Adult foster care and camps
licensing and regulation 92.0 FTE positions.............. $ 12,842,300
Bureau of community and health
systems administration 80.0 FTE
positions......... 13,126,500
Bureau of construction codes 189.0
FTE positions.............................................. 24,761,600
Bureau of fire services 79.0 FTE
positions......................................................... 12,119,700
Bureau of professional licensing 205.0
FTE positions......................................... 40,091,000
Childcare licensing and regulation 113.0
FTE positions...................................... 16,913,200
Corporations, securities, and
commercial licensing bureau 112.0 FTE positions..... 14,791,200
Health facilities regulation 140.9
FTE positions................................................. 21,332,100
Marihuana treatment research............................................................................. 20,000,000
Medical marihuana facilities
licensing and tracking 95.0 FTE positions................ 10,856,500
Medical marihuana program 25.0 FTE
positions................................................. 5,033,000
Nurse aide program 1.0 FTE
position................................................................ 600,000
Recreational marihuana regulation 30.0
FTE positions........................................ 5,979,000
Urban search and rescue..................................................................................... 600,000
GROSS APPROPRIATION............................................................................... $ 199,046,100
[Please see the PDF version of this journal, if available, to view this image.]
Appropriated from:
Interdepartmental grant revenues:
IDG from MDE, child care licensing................................................................... 18,096,700
Federal revenues:
DHS, fire training systems.................................................................................. 528,000
DOT, hazardous materials training
and planning................................................... 60,000
EPA, underground storage tanks......................................................................... 804,400
HHS - Medicaid, certification of
health care providers and suppliers....................... 8,497,200
HHS - Medicare, certification of
health care providers and suppliers....................... 13,854,500
Special revenue funds:
Aboveground storage tank fees........................................................................... 223,000
Accountancy enforcement fund........................................................................... 694,800
Adult foster care facilities
licenses fund............................................................... 410,000
Boiler inspection fund........................................................................................ 3,397,700
Builder enforcement fund................................................................................... 644,000
Child care home and center
licenses fund............................................................. 500,000
Construction code fund...................................................................................... 8,013,200
Corporation fees................................................................................................ 7,836,000
Distance education fund..................................................................................... 357,700
Division on deafness fund.................................................................................. 93,400
Elevator fees..................................................................................................... 4,348,400
Fire alarm fees.................................................................................................. 130,000
Fire safety standard and
enforcement fund............................................................ 40,500
Fire service fees................................................................................................ 2,591,000
Fireworks safety fund......................................................................................... 1,000,600
Health professions regulatory fund...................................................................... 24,389,700
Health systems fees........................................................................................... 3,840,200
Licensing and regulation fund............................................................................. 12,001,700
Liquor purchase revolving fund........................................................................... 144,700
Marihuana registry fund..................................................................................... 5,033,000
Marihuana regulation fund.................................................................................. 25,979,000
Marihuana regulatory fund................................................................................. 11,356,500
Mobile home code fund...................................................................................... 3,061,900
Nurse aide registration fund................................................................................ 600,000
Nurse professional fund...................................................................................... 1,965,800
Nursing home administrative
penalties................................................................. 100,000
PMECSEMA fund............................................................................................. 1,857,700
Private occupational school license
fees............................................................... 487,200
Property development fees.................................................................................. 292,600
Real estate appraiser education
fund.................................................................... 65,700
Real estate education fund.................................................................................. 346,300
Real estate enforcement fund.............................................................................. 704,400
Refined petroleum fund...................................................................................... 2,655,900
Securities fees................................................................................................... 4,840,300
Securities investor education and
training fund..................................................... 489,700
Security business fund........................................................................................ 234,400
Survey and remonumentation fund...................................................................... 874,000
State general fund/general purpose...................................................................... $ 25,604,300
Sec. 106. EMPLOYMENT SERVICES
Full-time equated classified
positions........................................................ 470.4
Bureau of employment relations 22.0
FTE positions........................................... $ 4,357,000
Bureau of services for blind
persons 113.0 FTE positions.................................... 25,143,000
Compensation supplement fund........................................................................... 1,820,000
First responder presumed coverage
fund claims.................................................... 250,000
Insurance funds administration 23.0
FTE positions............................................. 4,665,600
Michigan occupational safety and
health administration 197.0 FTE positions........ 29,843,900
Office for new Americans 9.0 FTE
positions...................................................... 29,248,600
[Please see the PDF version of this journal, if available, to view this image.]
Radiation safety section 21.4 FTE positions....................................................... 3,355,200
Wage and hour program 29.0 FTE
positions...................................................... 3,897,500
Workers compensation agency 56.0
FTE positions............................................ 7,981,300
GROSS APPROPRIATION............................................................................... $ 110,562,100
Appropriated from:
Federal revenues:
DED, vocational rehabilitation and
independent living........................................... 18,916,800
DOL, occupational safety and
health................................................................... 12,231,300
HHS, mammography quality standards................................................................ 513,300
HHS, refugee assistance program
fund................................................................. 28,769,000
Special revenue funds:
Blind services, local........................................................................................... 100,000
Blind services, private........................................................................................ 111,800
Asbestos abatement fund.................................................................................... 813,700
Corporation fees................................................................................................ 9,761,700
Michigan business enterprise
program fund.......................................................... 350,000
Radiological health fees..................................................................................... 2,841,900
Safety education and training fund....................................................................... 10,071,800
Second injury fund............................................................................................ 2,363,100
Securities fees................................................................................................... 8,933,800
Self-insurers security fund.................................................................................. 1,604,000
Silicosis and dust disease fund............................................................................ 698,500
Worker s compensation
administrative revolving fund........................................... 1,702,900
State general fund/general purpose...................................................................... $ 10,778,500
Sec. 107. MICHIGAN OFFICE OF
ADMINISTRATIVE HEARINGS AND
RULES
Full-time equated classified
positions........................................................ 240.0
Michigan office of administrative
hearings and rules 222.0 FTE positions............. $ 39,568,100
Michigan compensation appellate
commission 18.0 FTE positions....................... 4,660,500
GROSS APPROPRIATION............................................................................... $ 44,228,600
Appropriated from:
Interdepartmental grant revenues:
IDG from LEO, unemployment
hearings.............................................................. 4,317,700
IDG revenues, administrative
hearings and rules................................................... 25,824,400
Federal revenues:
DOL, occupational safety and
health................................................................... 154,200
Special revenue funds:
Construction code fund...................................................................................... 26,100
Corporation fees................................................................................................ 4,058,500
Health professions regulatory fund...................................................................... 400,100
Health systems fees........................................................................................... 157,400
Licensing and regulation fund............................................................................. 866,500
Liquor purchase revolving fund........................................................................... 972,300
Marihuana regulatory fund................................................................................. 50,000
Public utility assessments................................................................................... 2,574,200
Safety education and training fund....................................................................... 62,600
Securities fees................................................................................................... 2,432,500
Tax tribunal fund............................................................................................... 852,300
Worker s compensation
administrative revolving fund........................................... 139,300
State general fund/general purpose...................................................................... $ 1,340,500
Sec. 108. COMMISSIONS
Full-time equated classified
positions.......................................................... 19.0
Asian Pacific American affairs
commission 1.0 FTE position.............................. $ 137,400
Commission on Middle Eastern
American affairs 1.0 FTE position...................... 125,000
Hispanic/Latino commission of
Michigan 1.0 FTE position................................. 290,700
Michigan indigent defense
commission 16.0 FTE positions................................. 2,449,200
Michigan unarmed combat commission............................................................... 126,200
GROSS APPROPRIATION............................................................................... $ 3,128,500
[Please see the PDF version of this journal, if available, to view this image.]
Appropriated from:
Special revenue funds:
Michigan unarmed combat fund.......................................................................... 126,200
State general fund/general purpose...................................................................... $ 3,002,300
Sec. 109. DEPARTMENT GRANTS
Firefighter training grants................................................................................... $ 2,300,000
Liquor law enforcement grants............................................................................ 8,400,000
Medical marihuana operation and
oversight grants................................................ 3,000,000
Michigan indigent defense
commission grants...................................................... 80,999,600
Remonumentation grants.................................................................................... 7,300,000
Subregional libraries state aid............................................................................. 451,800
Utility consumer representation........................................................................... 750,000
GROSS APPROPRIATION............................................................................... $ 103,201,400
Appropriated from:
Special revenue funds:
Fireworks safety fund......................................................................................... 2,300,000
Liquor license revenue....................................................................................... 8,400,000
Local indigent defense
reimbursement................................................................. 200,000
Marihuana registry fund..................................................................................... 3,000,000
Survey and remonumentation fund...................................................................... 7,300,000
Utility consumer representation
fund................................................................... 750,000
State general fund/general purpose...................................................................... $ 81,251,400
Sec. 110. INFORMATION TECHNOLOGY
Information technology services
and projects........................................................ $ 22,232,500
GROSS APPROPRIATION............................................................................... $ 22,232,500
Appropriated from:
Federal revenues:
DED, vocational rehabilitation and
independent living........................................... 749,800
DOL, occupational safety and
health................................................................... 373,100
DOT, gas pipeline safety.................................................................................... 45,000
EPA, underground storage tanks......................................................................... 100,200
HHS - Medicaid, certification of
health care providers and suppliers....................... 337,400
HHS - Medicare, certification of
health care providers and suppliers....................... 641,900
Special revenue funds:
Aboveground storage tank fees........................................................................... 34,600
Accountancy enforcement fund........................................................................... 1,100
Asbestos abatement fund.................................................................................... 35,400
Boiler inspection fund........................................................................................ 338,800
Construction code fund...................................................................................... 778,800
Corporation fees................................................................................................ 4,747,900
Distance education fund..................................................................................... 5,600
Elevator fees..................................................................................................... 476,900
Fire safety standard and
enforcement fund............................................................ 3,000
Fire service fees................................................................................................ 199,200
Fireworks safety fund......................................................................................... 47,200
Health professions regulatory fund...................................................................... 1,287,700
Health systems fees........................................................................................... 348,200
Licensing and regulation fund............................................................................. 1,901,700
Liquor purchase revolving fund........................................................................... 3,306,200
Marihuana registry fund..................................................................................... 310,300
Marihuana regulatory fund................................................................................. 250,000
Michigan unarmed combat fund.......................................................................... 6,800
Mobile home code fund...................................................................................... 171,400
PMECSEMA fund............................................................................................. 68,600
Private occupational school
license fees............................................................... 21,900
Public utility assessments................................................................................... 1,466,400
Radiological health fees..................................................................................... 143,300
[Please see the PDF version of this journal, if available, to view this image.]
Real estate appraiser education fund.................................................................... 1,000
Real estate education fund.................................................................................. 1,900
Refined petroleum fund...................................................................................... 170,800
Restructuring mechanism
assessments................................................................. 28,100
Safety education and training fund....................................................................... 404,200
Second injury fund............................................................................................ 364,100
Securities fees................................................................................................... 1,142,500
Securities investor education and
training fund..................................................... 1,000
Self-insurers security fund.................................................................................. 258,700
Silicosis and dust disease fund............................................................................ 78,400
Survey and remonumentation fund...................................................................... 74,100
Tax tribunal fund............................................................................................... 183,500
State general fund/general purpose...................................................................... $ 1,325,800
Sec. 111. ONE-TIME APPROPRIATIONS
Marihuana education.......................................................................................... $ 10,000
Refugee services database.................................................................................. 520,000
GROSS APPROPRIATION............................................................................... $ 530,000
Appropriated from:
Federal revenues:
HHS, refugee assistance program
fund................................................................. 520,000
Special revenue funds:
Marihuana regulation fund.................................................................................. 10,000
State general fund/general purpose...................................................................... $ 0
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
FOR FISCAL YEAR 2019-2020
GENERAL SECTIONS
Sec. 201. Pursuant to section 30
of article IX of the state constitution of 1963, total state spending from
state sources under part 1 for fiscal year 2019-2020 is $425,079,700.00 and
state spending from state sources to be paid to local units of government for
fiscal year 2019-2020 is $102,451,400.00. The itemized statement below
identifies appropriations from which spending to local units of government will
occur:
DEPARTMENT OF LICENSING
Firefighter training grants................................................................................... $ 2,300,000
Liquor law enforcement grants............................................................................ 8,400,000
Medical marihuana operation and
oversight grants................................................ 3,000,000
Michigan indigent defense commission
grants...................................................... 80,999,600
Remonumentation grants.................................................................................... 7,300,000
Subregional libraries state aid............................................................................. 451,800
Total department of licensing and
regulatory affairs.............................................. $ 102,451,400
Sec. 202. The appropriations
authorized under this part and part 1 are subject to the management and budget
act, 1984 PA 431,
Sec. 203. As used in this part and
part 1:
(a) DED means the United States
Department of Education.
(b) Department means the
department of licensing and regulatory affairs.
(c) DHS means the United States
Department of Homeland Security.
(d) DIFS means the department of
insurance and financial services.
(e) Director means the director
of the department.
(f) DOE means the United States
Department of Energy.
(g)
(h) DOT means the United States
Department of Transportation.
(i) EPA means the United States
Environmental Protection Agency.
(j) FOIA means the freedom of
information act, 1976 PA 442, MCL 15.231 to 15.246.
(k) FTE means full-time equated.
(l) HHS means the United States Department of Health and Human
Services.
(m) IDG means interdepartmental
grant.
(n) IT means information
technology.
(o) LEO means the Michigan
department of labor and economic opportunity.
(p) MDE means the Michigan
department of education.
(q) PMECSEMA means pain
management education and controlled substances electronic monitoring and
antidiversion.
(r) Subcommittees means the
subcommittees of the house and senate appropriations committees with
jurisdiction over the budget for the department.
Sec. 204. The department and
agencies receiving appropriations in this part and 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. 205. Funds appropriated in
this part and part 1 shall not be used for the purchase of foreign goods or
services, or both, if competitively priced and of comparable quality American
goods or services, or both, are available. Preference shall be given to goods
or services, or both, manufactured or provided by Michigan businesses, if they
are competitively priced and of comparable quality. In addition, preference
shall be given to goods or services, or both, that are manufactured or provided
by Michigan businesses owned and operated by veterans, if they are
competitively priced and of comparable quality.
Sec. 206. The 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. 207. (1) Out-of-state travel
shall be limited to situations when travel is approved by a departmental
employee s immediate supervisor and in which 1 or more of the following
conditions apply:
(a) The travel is required by
legal mandate or court order or for law enforcement purposes.
(b) The travel is necessary to
protect the health or safety of Michigan citizens or visitors or to assist
other states in similar circumstances.
(c) The travel is necessary to
produce budgetary savings or to increase state revenues, including protecting
existing federal funds or securing additional federal funds.
(d) The travel is necessary to
comply with federal requirements.
(e) The travel is necessary to
secure specialized training for staff that is not available within this state.
(f) The travel is financed
entirely by federal or nonstate funds.
(2) The department shall not
approve the travel of more than 1 departmental employee to a specific profes sional
development conference or training seminar that is located outside of this
state unless a professional development conference or training seminar is
funded by a federal or private funding source and requires more than 1
individual from the department to attend, or the conference or training seminar
includes multiple issues in which 1 employee from the department does not have
expertise.
(3) Not later than January 1, the
department shall prepare a travel report listing 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 senate and house fiscal agencies, and the state
budget director. The report shall include all of the following information:
(a) The name of each person
receiving reimbursement for travel outside this state or whose travel costs
were paid by this state.
(b) The destination of each travel
occurrence.
(c) The dates of each travel
occurrence.
(d) A brief statement of the
reason for each travel occurrence.
(e) 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.
(f) A total of all out-of-state
travel funded for the immediately preceding fiscal year.
Sec. 208. 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 outside services that the
attorney general authorizes.
Sec. 209. Not later than November
30, the state budget office shall prepare and transmit a report that provides
for estimates of the total general fund/general purpose appropriation lapses at
the close of the prior fiscal year. This report shall summarize the projected
year-end general fund/general purpose appropriation lapses by major departmental
program or program areas. The report shall be transmitted to the chairpersons
of the senate and house appropriations committees and the senate and house
fiscal agencies.
Sec. 210. (1) In addition to the
funds appropriated in part 1, there is appropriated an amount not to exceed
$1,000,000.00 for federal contingency funds. These funds are not available for
expenditure until they have been transferred to another line item in 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 $1,500,000.00 for state restricted contingency funds. These funds are not available
for expenditure until they have been transferred to another line item in 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 $200,000.00 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. 211. The department shall
cooperate with the department of technology, management, and budget to maintain
a searchable website accessible by the public at no cost that includes, but is
not limited to, all of the following for the department and each agency:
(a) Fiscal year-to-date
expenditures by category.
(b) Fiscal year-to-date
expenditures by appropriation unit.
(c) Fiscal year-to-date payments
to a selected vendor, including the vendor name, payment date, payment amount,
and payment description.
(d) The number of active
department employees by job classification.
(e) Job specifications and wage
rates.
Sec. 212. Within 14 days after
the release of the executive budget recommendation, the department shall
cooperate with the state budget office to provide the senate and house
appropriations chairs, the senate and house appropriations subcommittees
chairs, and the senate and house fiscal agencies with an annual report on
estimated state restricted fund balances, state restricted fund projected
revenues, and state restricted fund expenditures for the fiscal years ending
September 30, 2019 and September 30, 2020.
Sec. 213. The department shall
maintain, on a publicly accessible website, a department scorecard that
identifies, tracks, and regularly updates key metrics that are used to monitor
and improve the department s performance.
Sec. 214. Total authorized
appropriations from all sources under part 1 for legacy costs for the fiscal
year ending September 30, 2020 are estimated at $54,351,800.00. From this
amount, total agency appropriations for pension-related legacy costs are
estimated at $26,421,700.00. Total agency appropriations for retiree health
care legacy costs are estimated at $27,930,100.00.
Sec. 215. Unless prohibited by
law, the department may accept credit card or other electronic means of payment
for licenses, fees, or permits.
Sec. 216. The department shall
not take disciplinary action against an employee for communicating with a
member of the legislature or his or her staff.
Sec. 217. The department shall
not use any of the funds appropriated in this part or part 1 to contract with a
third-party vendor to develop or produce a television or radio production.
Sec. 220. The department, in conjunction
with the department of health and human services, shall maintain an accounting
structure within this state s accounting system that will allow expenditures
associated with the administration of the Healthy Michigan plan to be
identified.
Sec. 221. The department may
carry into the succeeding fiscal year unexpended federal pass-through funds to
local institutions and governments that do not require additional state
matching funds. Federal pass-through funds to local institutions and
governments that are received in amounts in addition to those included in part
1 and that do not require additional state matching funds are appropriated for
the purposes intended. Within 14 days after the receipt of federal pass-through
funds, the department shall notify the house and senate chairpersons of the
subcommittees, the senate and house fiscal agencies, and the state budget
director of pass-through funds appropriated under this section.
Sec. 222. (1) Grants supported
with private revenues received by the department are appropriated upon receipt
and are available for expenditure by the department, subject to subsection (3),
for purposes specified within the grant agreement and as permitted under state
and federal law.
(2) Within 10 days after the receipt
of a private grant appropriated in subsection (1), the department shall
notify the house and senate chairpersons of the subcommittees, the senate and
house fiscal agencies, and the state budget director of the receipt of the
grant, including the fund source, purpose, and amount of the grant.
(3) The amount appropriated
under subsection (1) shall not exceed $1,500,000.00.
Sec. 223. (1) The department may
charge registration fees to attendees of informational, training, or special
events sponsored by the department, and related to activities that are under
the department s purview.
(2) These fees shall reflect the
costs for the department to sponsor the informational, training, or special
events.
(3) Revenue generated by the
registration fees is appropriated upon receipt and available for expenditure to
cover the department s costs of sponsoring informational, training, or special
events.
(4) Revenue generated by
registration fees in excess of the department s costs of sponsoring
informational, training, or special events shall carry forward to the
subsequent fiscal year and not lapse to the general fund.
(5) The amount appropriated
under subsection (3) shall not exceed $500,000.00.
Sec. 224. The department may
make available to interested entities otherwise unavailable customized listings
of nonconfidential information in its possession, such as names and addresses
of licensees. The department may establish and collect a reasonable charge to
provide this service. The revenue received from this service is appropriated
when received and shall be used to offset expenses to provide the service. Any
balance of this revenue collected and unexpended at the end of the fiscal year
shall lapse to the appropriate restricted fund.
Sec. 225. (1) The department
shall sell documents at a price not to exceed the cost of production and
distribution. Money received from the sale of these documents shall revert to
the department. In addition to the funds appropriated in part 1, these funds
are available for expenditure when they are received by the department of
treasury. This subsection applies only for the following documents:
(a) Corporation and securities
division documents, reports, and papers required or permitted by law pursuant
to section 1060(6) of the business corporation act, 1972 PA 284,
(b) The Michigan liquor control
code of 1998, 1998 PA 58,
(c) The mobile home commission
act, 1987 PA 96,
(d) Worker s compensation health
care services rules.
(e) Construction code manuals.
(f) Copies of transcripts from
administrative law hearings.
(2) In addition to the funds
appropriated in part 1, funds appropriated for the department under sections
57, 58, and 59 of the administrative procedures act of 1969, 1969 PA 306,
(3) Unexpended funds at the end
of the fiscal year shall carry forward to the subsequent fiscal year and not
lapse to the general fund.
Sec. 226. (1) Not later than
March 1, the department shall submit a report to the subcommittees and the
senate and house fiscal agencies pertaining to licensing and regulatory
programs during the previous 3 fiscal years for the following agencies:
(a) Public service commission.
(b) Liquor control commission.
(c) Bureau of fire services.
(d) Bureau of construction
codes.
(e) Corporations, securities,
and commercial licensing bureau.
(f) Bureau of professional
licensing.
(g) Bureau of community and
health systems.
(h) Michigan occupational safety
and health administration.
(i) Marijuana regulatory agency.
(2) The report shall be in a
format that is consistent between the agencies listed in subsection (1)
and shall provide, but is not limited to, the following information for the 3
previous fiscal years, as applicable, for each agency in subsection (1):
(a) Revenue generated by and
expenditures disbursed for each regulatory product.
(b) Number of applications, both
initial and renewal, for each regulatory product.
(c) Number of applications, both
initial and renewal, approved for each regulatory product.
(d) Number of applications, both
initial and renewal, denied for each regulatory product.
(e) Average amount of time, both
tolled and untolled, to approve or deny applications, both initial and renewal,
for each regulatory product.
(f) Number of examinations
proctored for initial applications for each regulatory product.
(g) Number of complaints
received pertaining to each regulated activity.
(h) Number of investigations
opened pertaining to each regulated activity.
(i) Number of investigations
closed pertaining to each regulated activity.
(j) Average amount of time to
close investigations pertaining to each regulated activity.
(k) Number of enforcement
actions pertaining to each regulated activity.
(l) Number of administrative hearings pertaining to each regulated
activity.
(m) Number of administrative
hearing adjudications pertaining to each regulated activity.
(n) The type and amount of each
fee charged to support each regulated activity.
(3) As used in subsection (2),
regulatory product means licensure, certification, registration, inspection, review, permitting, approval, or any other
regulatory service provided by the agencies specified in subsection (1)
for each regulated activity. As used in this subsection and subsection (2),
regulated activity means the particular activities, entities, facilities, and
industries regulated by the agencies specified in subsection (1).
Sec. 227.
It is the intent of the legislature that the department establish an employee
performance monitoring process that is consistent throughout the department in
addition to current civil service commission
evaluations. By April 1, the department shall submit a report to the state
budget office, the subcommittees, and the senate and house fiscal agencies on
changes to the employee performance monitoring process that are planned or
implemented, as well as the number of employee evaluations performed.
PUBLIC SERVICE COMMISSION
Sec. 301. The public service
commission administers the low-income energy assistance grant program on behalf
of the Michigan department of health and human services via an interagency
agreement. Funds supporting the grant program are appropriated in the
department upon awarding of grants and may be expended for grant payments and
administrative related expenses incurred in the operation of the program.
LIQUOR CONTROL COMMISSION
Sec. 401. (1) From the
appropriations in part 1 from the direct shipper enforcement fund, the liquor
control commission shall expend these funds as required under section 203(11)
of the Michigan liquor control code of 1998,
1998 PA 58, MCL 436.1203, to investigate and audit unlawful direct
shipments of wine by unlicensed wineries
and retailers, with priority directed toward unlicensed out-of-state retailers
and third‑party marketers. The commission shall use shipping
records available to it under section 203(21) of the Michigan liquor
control code of 1998, 1998 PA 58, MCL 436.1203, to assist with this
effort. The liquor control commission must refer all unlicensed out-of-state
retailers and third-party marketers identified with the shipping records to the
attorney general.
(2) By
February 1, the liquor control commission shall provide a report to the
legislature, the subcommittees, and the state budget director detailing the
commission s activities to investigate and audit the illegal shipping of wine
and the results of these activities. The report shall include the following:
(a) Work hours spent, specific
actions undertaken, and the number of FTEs dedicated to identify and stop
unlicensed out-of-state retailers, third-party marketers, and wineries that
ship illegally in Michigan.
(b) General overview of
expenditures associated with efforts to identify and stop unlicensed
out-of-state retailers, third-party marketers, and wineries that ship illegally
in Michigan.
(c) Number of out-of-state
entities found to have illegally shipped wine into Michigan and total number of
bottles (750 ml), number of cases with 750 ml bottles, number of liters, or
number of gallons of illegally shipped wine. These items must be broken down by
total number of retailers and total number of wineries.
(d) Suggested areas of focus on
how to address direct shipper enforcement and illegal importation in the
future.
(e) Number of unlicensed
out-of-state entities found to have illegally shipped wine into Michigan
identified with the shipping records under subsection (1).
(f) Number of notices sent under
subsection (3).
(3) From the appropriations in
part 1 from the direct shipper enforcement fund, the liquor control commission
shall send a notice to each unlicensed out-of-state entity found to have illegally
shipped wine into Michigan that has been identified via the shipping records
under subsection (1). The notice must include all of the following:
(a) Notification that shipping
wine into Michigan by retailers and third-party marketers is illegal, and wineries
shipping into Michigan must obtain a direct shipper license.
(b) Under section 909 of
the Michigan liquor control code of 1998, 1998 PA 58, MCL 436.1909, making
unlawful shipments of wine into Michigan may be a felony punishable by
imprisonment for not more than 4 years or a fine of not more than $5,000.00, or
both.
(c) Notice that the matter has
been referred to the attorney general.
OCCUPATIONAL REGULATION
Sec. 501. Money appropriated under
this part and part 1 for the bureau of fire services shall not be expended
unless, in accordance with section 2c of the fire prevention code, 1941 PA 207,
Operation and maintenance inspection fee
Facility type Facility
size Fee
Hospitals Any $8.00 per
bed
Plan review and construction inspection fees for
hospitals and schools
Project cost range Fee
$101,000.00 or less minimum
fee of $155.00
$101,001.00 to
$1,500,000.00 $1.60
per $1,000.00
$1,500,001.00 to $10,000,000.00 $1.30
per $1,000.00
$10,000,001.00 or more $1.10
per $1,000.00
or
a maximum fee of $60,000.00.
Sec. 502. The funds collected by
the department for licenses, permits, and other elevator regulation fees set
forth in the Michigan Administrative Code and as determined under section 8
of 1976 PA 333,
Sec. 503. Not later than February
15, the department shall submit a report to the subcommittees, the senate and
house fiscal agencies, and the state budget director providing the following
information:
(a) The number of veterans who
were separated from service in the Armed Forces of the United States with an
honorable character of service or under honorable conditions (general)
character of service, individually or if a majority interest of a corporation
or limited liability company, that were exempted from paying licensure, registration, filing, or any other fees
collected under each licensure or regulatory program administered by the
bureau of construction codes, the bureau of professional licensing, and the
corporations, securities, and commercial licensing bureau during the preceding
fiscal year.
(b) The specific fees and total
amount of revenue exempted under each licensure or regulatory program
administered by the bureau of construction codes, the bureau of professional
licensing, and the corporations, securities, and commercial licensing bureau
during the preceding fiscal year.
(c) The actual costs of providing
licensing and other regulatory services to veterans exempted from paying
licensure, registration, filing, or any other fees during the preceding fiscal
year and a description of how these costs were calculated.
(d) The estimated amount of
revenue that will be exempted under each licensure or regulatory program
administered by the bureau of construction codes, the bureau of professional
licensing, and the corporations, securities, and commercial licensing bureau in
both the current and subsequent fiscal years and a description of how the
exempted revenue was estimated.
Sec. 504. Funds remaining in the
homeowner construction lien recovery fund are appropriated to the department
for payment of court-ordered homeowner construction lien recovery fund
judgments entered prior to August 23, 2010. Pursuant to available funds, the
payment of final judgments shall be made in the order in which the final
judgments were entered and began accruing interest.
Sec. 505. The department shall
submit a report by January 31 to the standing committees on appropriations of
the senate and house of representatives, the senate and house fiscal agencies,
and the state budget director that includes all of the following information
for the prior fiscal year regarding the medical marihuana program under the
Michigan Medical Marihuana Act, 2008 IL 1,
(a) The number of initial
applications received.
(b) The number of initial
applications approved and the number of initial applications denied.
(c) The average amount of time,
from receipt to approval or denial, to process an initial application.
(d) The number of renewal
applications received.
(e) The number of renewal
applications approved and the number of renewal applications denied.
(f) The average amount of time,
from receipt to approval or denial, to process a renewal application.
(g) The percentage of initial
applications not approved or denied within the time requirements established in
section 6 of the Michigan Medical Marihuana Act, 2008 IL 1,
(h) The percentage of renewal
applications not approved or denied within the time requirements established in
section 6 of the Michigan Medical Marihuana Act, 2008 IL 1,
(i) The percentage of registry
identification cards for approved initial applications not issued within the
time requirements established in section 6 of the Michigan Medical
Marihuana Act, 2008 IL 1,
(j) The percentage of registry
identification cards for approved renewal applications not issued within the
time requirements established in section 6 of the Michigan Medical
Marihuana Act, 2008 IL 1,
(k) The number of registry
identification cards issued to or renewed for patients residing in each county
as of September 30 of the preceding fiscal year under the Michigan Medical
Marihuana Act, 2008 IL 1, MCL 333.26421 to 333.26430.
(l) The amount collected from the medical marihuana program
application and renewal fees authorized in section 5 of the Michigan
Medical Marihuana Act, 2008 IL 1, MCL 333.26425.
(m) The costs of administering the
medical marihuana program under the Michigan Medical Marihuana Act, 2008 IL 1,
MCL 333.26421 to 333.26430.
Sec. 506. If the revenue collected
by the department for health systems administration or radiological health
administration and projects from fees and collections exceeds the amount
appropriated in part 1, the revenue may be carried forward into the subsequent
fiscal year. The revenue carried forward under this section shall be used
as the first source of funds in the subsequent fiscal year.
Sec. 507. Not later than February
1, the department shall submit a report to the subcommittees, the senate and
house fiscal agencies, and state budget director providing the following
information:
(a) The total amount of
reimbursements made to local units of government for delegated inspections of
fireworks retail locations pursuant to section 11 of the Michigan
fireworks safety act, 2011 PA 256, MCL 28.461, from the funds appropriated
in part 1 for the bureau of fire services during the preceding fiscal year.
(b) The amount of reimbursement
for delegated inspections of fireworks retail locations for each local unit of
government that received reimbursement from the funds appropriated in part 1
for the bureau of fire services during the preceding fiscal year.
Sec. 508. (1) Beginning October 1,
for the purpose of defraying the costs associated with responding to false
final inspection appointments and to discourage the practice of calling for
final inspections when the project is incomplete or noncompliant with a plan of
correction previously provided by the bureau of fire services, the bureau of
fire services may assess a fee not to exceed $200.00 for responding to a second
or subsequent confirmed false inspection appointment. Fees collected under this
section shall be deposited into the restricted account referenced by section 2c(2)
of the fire prevention code, 1941 PA 207, MCL 29.2c, and explicitly
identified within the statewide integrated governmental management applications
system.
(2) Not later than September 30,
the department shall prepare a report that provides the amount of the fee
assessed under subsection (1), the number of fees assessed and issued per
region, the cost allocation for the work performed and reduced as a result of
this section, and any recommendations for consideration by the legislature. The
department shall submit this information to the state budget director, the
subcommittees, and the senate and house fiscal agencies.
Sec. 510. The department shall
submit a report on the Michigan automated prescription system to the senate and
house appropriations committees, the senate and house fiscal agencies, and the
state budget director by November 30. The report shall include, but is not
limited to, the following:
(a) Total number of licensed
health professionals registered to the Michigan automated prescription system.
(b) Total number of dispensers
registered to the Michigan automated prescription system.
(c) Total number of prescribers
using the Michigan automated prescription system.
(d) Total number of dispensers
using the Michigan automated prescription system.
(e) Number of cases related to
overprescribing, overdispensing, and drug diversion where the department took
administrative action as a result of information and data generated from the
Michigan automated prescription system.
(f) The number of hospitals,
doctor s offices, pharmacies, and other health facilities that have integrated
the Michigan automated prescription system into their electronic health records
systems.
(g) Total number of delegate users
registered to the Michigan automated prescription system.
Sec. 511. From the amount
appropriated in part 1 for the bureau of community and health systems, upon receipt
of the order of suspension of a licensed adult foster care home, home for the
aged, or nursing home, the department shall serve the facility and provide
contemporaneous notice to the offices of legislators representing a district
where the licensed facility is situated.
Sec. 512. The department shall
submit a report regarding the medical marihuana facilities licensing act, 2016 PA 281,
MCL 333.27101 to 333.27801, and the Michigan Regulation and Taxation of
Marihuana Act, 2018 IL 1, MCL 333.27951 to 333.27967, to the standing
committees on appropriations of the senate and house, the senate and house
fiscal agencies, and the state budget director by March 1. The report shall
include, but is not limited to, the following for each act:
(a) The number of initial license
applications received for each license category.
(b) The number of initial
applications approved and the number of initial license applications denied.
(c) The number of license renewals
for each license category.
(d) The average amount of time,
from receipt to approval or denial, to process an initial application.
(e) The total number of license
applications approved by license category and by county.
(f) The total amount collected
from application fees.
(g) The total amount collected
from any established regulatory assessment.
(h) The costs of administering the
licensing program under that act.
Sec. 513. (1) From the funds
appropriated in part 1, the department must prepare and submit a report to the
subcommittees and the senate and house fiscal agencies providing the addresses
of all facilities licensed under the medical marihuana facilities licensing
act, 2016 PA 281, MCL 333.27101 to 333.27801, and the Michigan Regulation
and Taxation of Marihuana Act, 2018 IL 1, MCL 333.27951 to 333.27967.
(2) Upon the written request of
the governing body of a city, village, or township containing 3 or more licensed facilities, the department must
coordinate with the local entity to interface with local elected officials,
law enforcement, the prosecutor s office, service agencies, and any school
systems to prepare a community impact statement. This impact statement must
contain information on whether there have been increases or decreases in total
crimes, reported drug addictions, homelessness rates, domestic violence incidents, abuse and neglect cases, truancy rates,
and the community s unemployment rate within the previous year. This impact statement must determine if
there is any association with the above metrics and the proximity of
medical or recreational marihuana facilities. If a negative impact is
determined to exist, the department shall work with the city, village, or
township to create a neighbor responsibility plan to alleviate any negative
impact. The department shall submit all completed
impact statements and neighbor responsibility plans to the subcommittees,
the senate and house fiscal agencies, and the respective local units.
Sec. 514. From the appropriations
in part 1, the bureau of community and health systems; bureau of construction
codes; bureau of fire services; bureau of professional licensing; corporations,
securities, and commercial licensing bureau; and marijuana regulatory agency
must submit reports to the subcommittees, senate and house fiscal agencies, and
state budget director by December 31. The reports must include all of the
following information for the prior fiscal year for each agency or bureau:
(a) The number of complaints
received, with the number of complaints specified for each profession or
license type that the agency or bureau regulates.
(b) A description of the process
used to resolve complaints.
(c) A description of the types of
complaints received with total counts of the number of complaints of that type
received.
(d) The number of investigations
initiated and the number of investigations closed.
(e) The number and type of
enforcement actions taken against licensees and metrics regarding any adverse
actions taken against licensees including license revocations, suspensions, and
fines.
Sec. 515.
From the funds appropriated in part 1 for health facilities regulation for the
purpose of administering licensure activities associated with substance use disorder programs,
the residential detoxification programs licensed shall meet the Michigan
Medicaid Provider Manual guidelines regarding sub-acute detoxification
residential settings and the American Society of Addiction Medicine (ASAM)
criteria for residential-based services. Treatment requirements must be based
on the least restrictive settings and must not exceed national standards for
levels of care.
EMPLOYMENT SERVICES
Sec. 701. (1) The appropriation in
part 1 for the bureau of services for blind persons includes funds for case
services. These funds may be used for tuition payments for blind clients.
(2) Revenue collected by the
bureau of services for blind persons and from private and local sources that is
unexpended at the end of the fiscal year may carry forward to the subsequent
fiscal year.
Sec. 702. The bureau of services
for blind persons shall work collaboratively with service organizations and
government entities to identify qualified match dollars to maximize use of
available federal vocational rehabilitation funds.
Sec. 703. The bureau of services
for blind persons may provide and enter into agreements to provide general
services, training, meetings, information, special equipment, software,
facility use, and technical consulting services to other principal executive
departments, state agencies, local units of government, the judicial branch of
government, other organizations, and patrons of department facilities. The
department may charge fees for these services that are reasonably related to
the cost of providing the services. In addition to the funds appropriated in
part 1, funds collected by the department for these services are appropriated
for all expenses necessary. The funds appropriated under this section are
allotted for expenditure when they are received by the department of treasury.
Sec. 704. Funds received in excess
of the appropriation in part 1 for first responder presumed coverage claims
from the first responder presumed coverage fund are appropriated in an amount
sufficient to pay approved claims due in the current fiscal year pursuant to section 405
of the worker s disability compensation act of 1969, 1969 PA 317, MCL
418.405.
COMMISSIONS
Sec. 801. If Byrne formula grant
funding is awarded to the Michigan indigent defense commission, the Michigan
indigent defense commission may receive and expend Byrne formula grant funds in
an amount not to exceed $250,000.00 as an interdepartmental grant from the
department of state police. The Michigan indigent defense commission, created
under section 5 of the Michigan indigent defense commission act, 2013 PA 93,
MCL 780.985, may receive and expend federal grant funding from the United
States Department of Justice in an amount not to exceed $300,000.00 as other
federal grants.
Sec. 802. From the funds
appropriated in part 1, the Michigan indigent defense commission shall submit a
report by September 30 to the senate and house appropriations subcommittees on
licensing and regulatory affairs, the senate and house fiscal agencies, and the
state budget director on the incremental costs associated with the standard
development process, the compliance plan process, and the collection of data
from all indigent defense systems and attorneys providing indigent defense.
Particular emphasis shall be placed on those costs that may be avoided after
standards are developed and compliance plans are in place.
Sec. 803. The Michigan office
for new Americans is to coordinate with the Asian Pacific American affairs
commission, the Commission on Middle Eastern American affairs, and the
Hispanic/Latino commission of Michigan to produce a report by January 31 that
is to be transmitted to the senate and house subcommittee chairpersons, the
senate and house fiscal agencies, and the state budget director. The report
shall include, but is not limited to, the following:
(a) Total number of people with
whom each commission directly interacts through programming.
(b) Total number of public
events and number of attendees at each event that each commission conducted.
(c) Description of the
activities that the commissions initiated to promote cooperation between the
commissions.
(d) Total number of meetings
that each commission held with foreign diplomats.
(e) Programmatic costs of each
commission.
(f) The number of people that
each commission has assisted with specific hurdles that each commission has
identified.
Sec. 804. An expenditure of
funds appropriated in part 1 by the Asian Pacific American affairs commission,
the Commission on Middle Eastern American affairs, or the Hispanic/Latino
commission of Michigan for a commission event must directly relate to the
mission statement of that commission.
Sec. 805. The Michigan office
for new Americans must produce a report by January 31 and transmit the report
to the subcommittees, the senate and house fiscal agencies, and the state
budget director. The report may include other information, but it must include
all of the following:
(a) The number of education and
workforce training programs that the office held during the previous 3 fiscal
years and the number of individuals that attended the programs.
(b) The number of people that
the office has helped navigate the immigration system.
(c) A description of the
activities that the office has conducted to attract and retain international,
advanced degree, and entrepreneurial talent.
DEPARTMENT GRANTS
Sec. 901. (1) The department
shall expend the funds appropriated in part 1 for medical marihuana operation
and oversight grants for grants to counties for education and outreach programs
relating to the Michigan medical marihuana program pursuant to section 6(l) of the Michigan Medical Marihuana
Act, 2008 IL 1, MCL 333.26426. These grants
shall be distributed proportionately based on the number of registry
identification cards issued to or renewed for the residents of each
county that applied for a grant under subsection (2). For the purposes of
this subsection, operation and oversight grants are for education,
communication, and outreach regarding the Michigan Medical Marihuana Act, 2008
IL 1, MCL 333.26421 to 333.26430. Grants provided under this section must
not be used for law enforcement purposes.
(2) Not later than December 1,
the department shall post a listing of potential grant money available to each
county on its website. In addition, the department shall work collaboratively
with counties regarding the availability of these grant funds. A county
requesting a grant shall apply on a form developed by the department and
available on its website. The form shall contain the county s specific
projected plan for use of the money and its agreement to maintain all records
and to submit documentation to the department to support the use of the grant
money.
(3) In order to be eligible to
receive a grant under subsection (1), a county shall apply not later than
January 1 and agree to report how the grant was expended and to provide
that report to the department not later than September 15. The department shall
submit a report not later than October 15 of the subsequent fiscal year to the
state budget director, the subcommittees, and the senate and house fiscal
agencies detailing the grant amounts by recipient and the reported uses of the
grants in the preceding fiscal year.
Sec. 902. (1) The amount
appropriated in part 1 for firefighter training grants shall only be expended
for payments to counties to reimburse organized fire departments for
firefighter training and other activities required under the firefighters
training council act, 1966 PA 291, MCL 29.361 to 29.377.
(2) If the amount appropriated in
part 1 for firefighter training grants is expended by the firefighters training
council, established in section 3 of the firefighters training council
act, 1966 PA 291, MCL 29.363, for payments to counties under section 14
of the firefighters training council act, 1966 PA 291, MCL 29.374, it is
the intent of the legislature that:
(a) The amount appropriated in
part 1 for firefighter training grants shall be allocated pursuant to section 14(2)
of the firefighters training council act, 1966 PA 291, MCL 29.374.
(b) If the
amount allocated to any county under subdivision (a) is less than $5,000.00,
the amounts disbursed to each county under subdivision (a) shall be adjusted to provide for a
minimum payment of $5,000.00 to each county.
(3) Not later than February 1, the
department shall submit a financial report to the subcommittees, the senate and
house fiscal agencies, and the state budget director identifying the following
information for the preceding fiscal year:
(a) The amount of the payments
that would be made to each county if the distribution formula described by the
first sentence of section 14(2) of the firefighters training council act,
1966 PA 291, MCL 29.374, would have been utilized to allocate the total
amount appropriated in part 1 for firefighter training grants.
(b) The amount of the payments
approved by the firefighters training council for allocation to each county.
(c) The amount of the payments
actually expended or encumbered within each county.
(d) A description of any other
payments or expenditures made under the authority of the firefighters training
council.
(e) The amount of payments
approved for allocations to counties that was not expended or encumbered and
lapsed back to the fireworks safety fund.
Sec. 903. (1) The funds
appropriated in part 1 for a regional or subregional library shall not be
released until a budget for that regional or subregional library has been
approved by the department for expenditures for library services directly
serving the blind and persons with disabilities.
(2) In order to receive
subregional state aid as appropriated in part 1, a regional or subregional
library s fiscal agency shall agree to maintain local funding support at the
same level in the current fiscal year as in the fiscal agency s preceding
fiscal year. If a reduction in expenditures equally affects all agencies in a
local unit of government that is the regional or subregional library s fiscal
agency, that reduction shall not be interpreted as a reduction in local support
and shall not disqualify a regional or subregional library from receiving state
aid under part 1. If a reduction in income affects a library cooperative or
district library that is a regional or subregional library s fiscal agency or a
reduction in expenditures for the regional or subregional library s fiscal
agency, a reduction in expenditures for the regional or subregional library
shall not be interpreted as a reduction in local support and shall not
disqualify a regional or subregional library from receiving state aid under
part 1.
Sec. 904. An indigent criminal
defense system s duty of compliance with 1 or more standards within a plan
approved by the Michigan indigent defense commission is contingent upon receipt
of a grant in an amount sufficient to cover that particular standard or
standards, as provided in the Michigan indigent defense commission act, 2013 PA 93,
MCL 780.981 to 780.1003.
ONE-TIME APPROPRIATIONS
Sec. 1001. The marijuana
regulatory agency must utilize the funds appropriated in part 1 for marihuana
education to produce and disseminate educational videos and pamphlets geared
toward children and young adults that highlight the potential risks and
consequences associated with the use of marihuana.
Third: That the House and Senate
agree to the title of the bill to read as follows:
A bill to make appropriations for
the department of licensing and regulatory affairs for the fiscal year ending
September 30, 2020; and to provide for the expenditure of the appropriations.
Jeff
Yaroch
Annette
Glenn
Ronnie
D. Peterson
Conferees
for the House
Aric
Nesbitt
Jim
Stamas
Sylvia
Santana
Conferees
for the Senate
The
question being on the adoption of the conference report,
Roll Call No. 228 Yeas 72
Afendoulis Frederick Leutheuser Shannon
Albert Garza Lightner Sheppard
Alexander Glenn Lilly Slagh
Allor Green Lower Sneller
Bellino Griffin Maddock Sowerby
Berman Haadsma Marino Tate
Bollin Hall Markkanen VanSingel
Brann Hauck Meerman VanWoerkom
Calley Hernandez Miller Vaupel
Cambensy Hoitenga Mueller Wakeman
Chatfield Hood O Malley Webber
Clemente Hornberger Paquette Wendzel
Cole Howell Peterson Wentworth
Coleman Huizenga Pohutsky Whiteford
Crawford Iden Reilly Whitsett
Eisen Johnson, S. Rendon Witwer
Farrington Kahle Sabo Wozniak
Filler LaFave Schroeder Yaroch
Nays 36
Anthony Ellison Johnson, C. Manoogian
Bolden Garrett Jones Neeley
Brixie Gay-Dagnogo Kennedy Pagan
Byrd Greig Koleszar Rabhi
Camilleri Guerra Kuppa Robinson
Carter,
T. Hammoud LaGrand Stone
Cherry Hertel Lasinski Warren
Chirkun Hoadley Liberati Wittenberg
Elder Hope Love Yancey
In The Chair: Lilly
Rep.
Cole moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
First Conference Report
The Committee of Conference on the
matters of difference between the two Houses concerning
House
Bill No. 4238, entitled
A bill to make appropriations for
the judiciary for the fiscal year ending September 30, 2020; and to provide for
the expenditure of the appropriations.
Recommends:
First: That the Senate recede from
the Substitute of the Senate as passed by the Senate.
Second: That the House and Senate
agree to the Substitute of the House as passed by the House, amended to read as
follows:
A bill to make appropriations for
the judiciary for the fiscal year ending September 30, 2020; and to provide for
the expenditure of the appropriations.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
PART 1
LINE-ITEM APPROPRIATIONS
Sec. 101. There is appropriated
for the judiciary for the fiscal year ending September 30, 2020, from the
following funds:
JUDICIARY
APPROPRIATION SUMMARY
Full-time equated exempted
positions........................................................ 509.0
[Please see the PDF version of this journal, if available, to view this image.]
GROSS APPROPRIATION............................................................................... $ 311,062,100
Interdepartmental grant revenues:
Total interdepartmental grants and
intradepartmental transfers................................ 1,551,700
ADJUSTED GROSS APPROPRIATION............................................................ $ 309,510,400
Federal revenues:
Total federal revenues........................................................................................ 5,748,400
Special revenue funds:
Total local revenues........................................................................................... 6,579,500
Total private revenues........................................................................................ 994,300
Total other state restricted revenues..................................................................... 94,796,000
State general fund/general purpose...................................................................... $ 201,392,200
Sec. 102. SUPREME COURT
Full-time equated exempted positions........................................................ 250.0
Community dispute resolution 3.0 FTE positions................................................ $ 3,276,700
Direct trial court automation support 44.0 FTE
positions..................................... 6,579,500
Drug treatment courts......................................................................................... 11,833,000
Foster care review board 10.0 FTE positions...................................................... 1,342,500
Judicial information systems 24.0 FTE positions................................................ 4,931,600
Judicial institute 13.0 FTE positions.................................................................. 1,876,500
Kalamazoo County trauma court......................................................................... 250,000
Mental health courts and diversion services 1.0
FTE position............................... 5,468,500
Next generation Michigan court system............................................................... 4,116,000
Other federal grants........................................................................................... 275,100
State court administrative office 63.0 FTE
positions........................................... 11,248,800
Supreme court administration 92.0 FTE positions............................................... 14,379,200
Swift and sure sanctions program........................................................................ 3,600,000
Veterans courts................................................................................................. 936,400
GROSS APPROPRIATION............................................................................... $ 70,113,800
Appropriated from:
Interdepartmental grant revenues:
IDG from department of corrections.................................................................... 51,700
IDG from department of state police.................................................................... 1,500,000
Federal revenues:
DOJ, drug court training and evaluation............................................................... 300,000
DOT, National Highway Traffic Safety
Administration......................................... 1,942,800
HHS, access and visitation grant......................................................................... 488,300
HHS, children s justice grant.............................................................................. 241,700
HHS, court improvement project......................................................................... 927,100
HHS, title IV-D child support program................................................................ 822,400
HHS, title IV-E foster care program..................................................................... 403,500
Other federal grant revenues............................................................................... 275,100
Special revenue funds:
Local - user fees................................................................................................ 6,579,500
Private.............................................................................................................. 198,100
Private - interest on lawyers trust accounts........................................................... 273,100
Private - state justice institute.............................................................................. 436,100
Community dispute resolution fund..................................................................... 2,400,000
Court of appeals filing/motion fees...................................................................... 1,450,000
Drug court fund................................................................................................. 1,920,500
Justice system fund............................................................................................ 595,700
Law exam fees.................................................................................................. 742,000
Miscellaneous revenue....................................................................................... 245,900
State court fund................................................................................................. 397,600
State general fund/general purpose...................................................................... $ 47,922,700
Sec. 103. COURT OF APPEALS
Full-time equated exempted positions........................................................ 175.0
[Please see the PDF version of this journal, if available, to view this image.]
Court of appeals operations 175.0 FTE positions................................................ $ 25,130,300
GROSS APPROPRIATION............................................................................... $ 25,130,300
Appropriated from:
State general fund/general purpose...................................................................... $ 25,130,300
Sec. 104. BRANCHWIDE
APPROPRIATIONS
Full-time equated exempted
positions............................................................ 4.0
Branchwide appropriations 4.0 FTE
positions.................................................... $ 8,959,100
GROSS APPROPRIATION............................................................................... $ 8,959,100
Appropriated from:
State general fund/general purpose...................................................................... $ 8,959,100
Sec. 105. JUSTICES AND JUDGES
COMPENSATION
Full-time judges positions........................................................................ 587.0
Supreme court justices salaries 7.0
justices....................................................... $ 1,152,300
Circuit court judges state base
salaries 217.0 judges........................................... 22,939,900
Circuit court judicial salary
standardization.......................................................... 9,922,100
Court of appeals judges salaries 25.0
judges..................................................... 4,097,700
District court judges state base
salaries 235.0 judges.......................................... 24,424,000
District court judicial salary
standardization......................................................... 10,745,200
Probate court judges state base
salaries 103.0 judges.......................................... 10,802,900
Probate court judicial salary
standardization......................................................... 4,669,600
Judges retirement system defined
contributions.................................................... 4,974,800
OASI, Social Security........................................................................................ 6,280,000
GROSS APPROPRIATION............................................................................... $ 100,008,500
Appropriated from:
Special revenue funds:
Court fee fund................................................................................................... 3,329,400
State general fund/general purpose...................................................................... $ 96,679,100
Sec. 106. JUDICIAL AGENCIES
Full-time equated exempted
positions............................................................ 7.0
Judicial tenure commission 7.0 FTE
positions.................................................... $ 1,276,000
GROSS APPROPRIATION............................................................................... $ 1,276,000
Appropriated from:
State general fund/general purpose...................................................................... $ 1,276,000
Sec. 107. INDIGENT DEFENSE -
CRIMINAL
Full-time equated exempted
positions.......................................................... 55.0
Appellate public defender program 55.0
FTE positions....................................... $ 8,560,900
GROSS APPROPRIATION............................................................................... $ 8,560,900
Appropriated from:
Federal revenues:
Other federal grant revenues............................................................................... 347,500
Special revenue funds:
Private - interest on lawyers
trust accounts........................................................... 87,000
Miscellaneous revenue....................................................................................... 168,300
State general fund/general purpose...................................................................... $ 7,958,100
Sec. 108. INDIGENT CIVIL LEGAL
ASSISTANCE
Indigent civil legal assistance.............................................................................. $ 7,937,000
GROSS APPROPRIATION............................................................................... $ 7,937,000
Appropriated from:
Special revenue funds:
State court fund................................................................................................. 7,937,000
State general fund/general purpose...................................................................... $ 0
Sec. 109. TRIAL COURT OPERATIONS
Full-time equated exempted
positions............................................................ 6.0
Court equity fund reimbursements....................................................................... $ 60,815,700
Drug case-flow program..................................................................................... 250,000
Drunk driving case-flow program........................................................................ 3,300,000
Judicial technology improvement
fund................................................................. 4,815,000
[Please see the PDF version of this journal, if available, to view this image.]
Juror compensation reimbursement 1.0 FTE
position.......................................... 6,604,600
Statewide e-file system 5.0 FTE
positions.......................................................... 10,200,000
GROSS APPROPRIATION............................................................................... $ 85,985,300
Appropriated from:
Special revenue funds:
Court equity fund.............................................................................................. 50,440,000
Drug fund......................................................................................................... 250,000
Drunk driving fund............................................................................................ 3,300,000
Electronic filing fee fund.................................................................................... 10,200,000
Judicial technology improvement
fund................................................................. 4,815,000
Juror compensation fund.................................................................................... 6,604,600
State general fund/general purpose...................................................................... $ 10,375,700
Sec. 110. ONE-TIME APPROPRIATIONS
Full-time equated exempted
positions.......................................................... 12.0
Compliance with Montgomery v Louisiana 11.0 FTE
positions............................ $ 841,900
Expansion of problem solving
courts................................................................... 348,600
Judicial tenure commission................................................................................. 100,000
Michigan supreme court public
website upgrade................................................... 1,475,000
Pretrial risk assessment 1.0 FTE
position........................................................... 325,700
GROSS APPROPRIATION............................................................................... $ 3,091,200
Appropriated from:
State general fund/general purpose...................................................................... $ 3,091,200
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
FOR FISCAL YEAR 2019-2020
GENERAL SECTIONS
Sec. 201. Pursuant to section 30
of article IX of the state constitution of 1963, total state spending from
state sources under part 1 for fiscal year 2019-2020 is $296,188,200.00 and
state spending from state sources to be paid to local units of government for
fiscal year 2019-2020 is $145,951,300.00. The itemized statement below
identifies appropriations from which spending to local units of government will
occur:
JUDICIARY
SUPREME COURT
Drug treatment courts......................................................................................... $ 8,158,000
Kalamazoo County trauma court......................................................................... 250,000
Mental health courts and diversion
services.......................................................... 5,468,500
Next generation Michigan court
system............................................................... 4,116,000
Swift and sure sanctions program........................................................................ 3,600,000
Veterans courts................................................................................................. 936,400
COURT OF APPEALS
Court of appeals operations................................................................................. $ 200,000
JUSTICES AND JUDGES COMPENSATION
Circuit court judicial salary
standardization.......................................................... $ 9,922,100
District court judicial salary
standardization......................................................... 10,745,200
Probate court judges state base
salaries............................................................... 10,802,900
Probate court judicial salary
standardization......................................................... 4,669,600
OASI, Social Security........................................................................................ 1,097,300
TRIAL COURT OPERATIONS
Court equity fund reimbursements....................................................................... $ 60,815,700
Drug case-flow program..................................................................................... 250,000
Drunk driving case-flow program........................................................................ 3,300,000
Judicial technology improvement
fund................................................................. 4,815,000
Juror compensation reimbursement...................................................................... 6,604,600
Statewide e-file system....................................................................................... 10,200,000
TOTAL............................................................................................................ $ 145,951,300
Sec. 202. (1) The appropriations
authorized under this part and part 1 are subject to the management and budget
act, 1984 PA 431,
(2) Funds appropriated in part 1
to an entity within the judicial branch shall not be expended or transferred to
another account without written approval of the authorized agent of the
judicial entity. If the authorized agent of the judicial entity notifies the
state budget director of its approval of an expenditure or transfer, the state
budget director shall immediately make the expenditure or transfer. The
authorized judicial entity agent shall be designated by the chief justice of the
supreme court.
Sec. 203. As used in this part
and part 1:
(a) DOJ means the United
States Department of Justice.
(b) DOT means the United
States Department of Transportation.
(c)
(d) HHS means the United
States Department of Health and Human Services.
(e)
(f) OASI means old age
survivor s insurance.
(g) SADO means the state
appellate defender office created under the appellate defender act, 1978 PA 620,
MCL 780.711 to 780.719.
(h) Title IV-D means the part
of the federal social security act, 42 USC 301 to 1397mm, pertaining to the
child support enforcement program.
(i) Title IV-E means the part
of the federal social security act, 42 USC 301 to 1397mm, pertaining to the
foster care program.
Sec. 204. The reporting
requirements of this part shall be completed with the approval of, and at the
direction of, the supreme court, except as otherwise provided in this part. The
judicial branch shall use the internet to fulfill the reporting requirements of
this part. This may include transmission of reports via electronic mail to the
recipients identified for each reporting requirement, or it may include
placement of reports on an internet or intranet site.
Sec. 205. Funds appropriated in
part 1 shall not be used for the purchase of foreign goods or services, or
both, if competitively priced and of comparable quality American goods or
services, or both, are available. Preference shall be given to goods or
services, or both, manufactured or provided by Michigan businesses, if they are
competitively priced and of comparable quality. In addition, preference shall
be given to goods or services, or both, that are manufactured or provided by
Michigan businesses owned and operated by veterans, if they are competitively
priced and of comparable quality.
Sec. 207. Not later than January
1 of each year, the state court administrative office shall prepare a report on
out-of-state travel listing all travel by judicial branch employees outside
this state in the immediately preceding fiscal year that was funded in whole or
in part with funds appropriated in the budget for the judicial branch. The
report shall be submitted to the senate and house appropriations committees,
the senate and house fiscal agencies, and the state budget office. The report
shall include the following information:
(a) The dates of each travel
occurrence.
(b) The transportation and
related costs of each travel occurrence, including the proportion funded with state
general fund/general purpose revenues, the proportion funded with state
restricted revenues, the proportion funded with federal revenues, and the
proportion funded with other revenues.
Sec. 209. Not later than
November 30, the state budget office shall prepare and transmit a report that
provides for estimates of the total general fund/general purpose appropriation
lapses at the close of the prior fiscal year. This report shall summarize the
projected year-end general fund/general purpose appropriation lapses by major
program or program areas. The report shall be transmitted to the chairpersons
of the senate and house appropriations committees and the senate and house
fiscal agencies.
Sec. 211. From the funds
appropriated in part 1, the judicial branch shall maintain a searchable website
accessible by the public at no cost that includes all expenditures made by the
judicial branch within a fiscal year. The posting shall include the purpose for
which each expenditure is made. The judicial branch shall not provide financial
information on its website under this section if doing so would violate a
federal or state law, rule, regulation, or guideline that establishes privacy
or security standards applicable to that financial information.
Sec. 212. Within 14 days after
the release of the executive budget recommendation, the judicial branch shall
cooperate with the state budget office to provide the senate and house
appropriations committee chairs, the senate and house appropriations
subcommittee chairs, and the senate and house fiscal agencies with an annual
report on estimated state restricted fund balances, state restricted fund
projected revenues, and state restricted fund expenditures for the prior 2
fiscal years.
Sec. 213. The judiciary shall maintain,
on a publicly accessible website, a scorecard that identifies, tracks, and
regularly updates key metrics that are used to monitor and improve the
judiciary s performance.
Sec. 214. Total authorized
appropriations from all sources under part 1 for legacy costs for the fiscal
year ending September 30, 2020 are estimated at $13,102,700.00. From this
amount, total judiciary appropriations for pension-related legacy costs are
estimated at $6,369,500.00. Total judiciary appropriations for retiree health
care legacy costs are estimated at $6,733,200.00.
Sec. 215. The judicial branch
shall not take disciplinary action against an employee for communicating with a
member of the legislature or his or her staff.
Sec. 216. It is the intent of
the legislature that judges who are presiding over a hearing on a foster care
case shall publicly acknowledge and request the input of the foster parent or
foster parents during the hearing.
Sec. 217. If the judicial branch
makes any changes to a foster care family service plan before its finalization,
it is the intent of the legislature that the presiding judge provide an
explanation for any changes to that plan in the court record.
Sec. 218.
From the funds appropriated in part 1, the state court administrative office shall
identify programs, within the department of health and human services, the department of
labor and economic opportunity, and the department of corrections, that have
programmatic connections with the participants in the swift and sure sanctions
program. The purpose of this relationship is to leverage collaborations and to
determine avenues of success for offenders who are eligible for state-provided
programs. The state court administrative office shall provide guidance to
courts participating in the swift and sure sanctions program, under the
probation swift and sure sanctions act, chapter XIA of the code of criminal
procedure, 1927 PA 175, MCL 771A.1 to 771A.8, of the available department
of health and human services, department of labor and economic opportunity, and
department of corrections programming.
Sec. 219. The judicial branch
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 judicial branch may electronically retain copies
of reports unless otherwise required by federal and state guidelines.
JUDICIAL BRANCH
Sec. 301. From the funds
appropriated in part 1, the direct trial court automation support program of
the state court administrative office shall recover direct and overhead costs
from trial courts by charging for services rendered. The fee shall cover the
actual costs incurred to the direct trial court automation support program in
providing the service, including development of future versions of case
management systems.
Sec. 302. Funds appropriated
within the judicial branch shall not be expended by any component within the
judicial branch without the approval of the supreme court.
Sec. 303. Of the amount
appropriated in part 1 for the judicial branch, $711,900.00 is allocated for
circuit court reimbursement under section 3 of 1978 PA 16,
Sec. 304. A member of the
legislature may request a report or data from the data collected in the
judicial data warehouse. The report shall be made available to the public upon
request, unless disclosure is prohibited by
court order or state or federal law. Any data provided under this section shall
be public and non-identifying information.
Sec. 305. From the funds
appropriated in part 1 for community dispute resolution, community dispute
resolution centers shall provide dispute resolution services specified in the
community dispute resolution act, 1988 PA 260,
MCL 691.1551 to 691.1564, and shall help to reduce suspensions and truancy, and
improve school climate. Funding appropriated in part 1 for community
dispute resolution may be used to develop or expand juvenile diversion services
in cooperation with local prosecutors. Participation in the dispute resolution
processes is voluntary for all parties.
Sec. 307.
From the funds appropriated in part 1 for mental health courts and diversion
services, $1,730,000.00 is intended to address the recommendations of the mental health
diversion council.
Sec. 308. If sufficient funds
are not available from the court fee fund to pay judges compensation, the
difference between the appropriated amount from that fund for judges
compensation and the actual amount available after the amount appropriated for
trial court reimbursement is made shall be appropriated from the state general
fund for judges compensation. If an appropriation is made under this section,
the state court administrative office shall notify, within 14 days of the
appropriation, the senate and house standing committees on appropriations, the
senate and house appropriations subcommittees on judiciary, the senate and
house fiscal agencies, and the state budget office.
Sec. 309. By April 1, the state
court administrative office shall provide a report on drug treatment, mental
health, and veterans court programs in this state. The report shall include
information on the number of each type of program that has been established,
the number of program participants in each jurisdiction, and the impact of the
programs on offender criminal involvement and recidivism. The report shall be
submitted to the senate and house appropriations subcommittees on judiciary,
the senate and house fiscal agencies, and the state budget office.
Sec. 311. (1) The funds
appropriated in part 1 for drug treatment courts as that term is defined in section 1060
of the revised judicature act of 1961, 1961 PA 236, MCL 600.1060, shall be
administered by the state court administrative office to operate drug treatment
court programs. A drug treatment court shall be responsible for handling cases
involving substance abusing nonviolent offenders through comprehensive
supervision, testing, treatment services, and immediate sanctions and
incentives. A drug treatment court shall use all available county and state
personnel involved in the disposition of cases including, but not limited to,
parole and probation agents, prosecuting attorneys, defense attorneys, and
community corrections providers. The funds may be used in connection with other
federal, state, and local funding sources.
(2) From the funds appropriated
in part 1, the chief justice shall allocate sufficient funds for the Michigan
judicial institute to provide in-state training for those identified in subsection (1),
including training for new drug treatment court judges.
(3) For drug treatment court
grants, consideration for priority may be given to those courts where higher
instances of substance abuse cases are filed.
(4) The judiciary shall receive
$1,500,000.00 in Byrne formula grant funding as an interdepartmental grant from
the department of state police to be used for expansion of drug treatment
courts, to assist in avoiding prison bed space growth for nonviolent offenders
in collaboration with the department of corrections.
Sec. 312. From the funds
appropriated in part 1, the state court administrator shall produce a
statistical report regarding the implementation of the parental rights
restoration act, 1990 PA 211,
Sec. 316. (1)
From the funds appropriated in part 1 for pretrial risk assessment, the state
court administrative office shall continue to pilot a pretrial risk assessment tool in an
effort to provide relevant information to judges so they can make
evidence-based bond decisions that will increase public safety and reduce costs
associated with unnecessary pretrial detention.
(2) The state court
administrative office shall submit a status report by February 1 to the senate
and house appropriations subcommittees on judiciary, the senate and house
fiscal agencies, and the state budget office. The report shall include, but not
be limited to, all of the following:
(a) An assessment of the
effectiveness of the pretrial risk assessment tool pilot program that was
implemented in the prior fiscal year. The assessment shall include, but not be
limited to, for defendants screened by the pretrial risk assessment tool, the
failure to appear rate for each type of bond, including personal recognizance
with or without conditions, 10% deposit bail with or without conditions, and
cash or surety bail with or without conditions.
(b) Plans to expand use of the
assessment tool.
(c) Details on prior year
expenditures, allocations, and planned expenditures.
Sec. 317. Funds appropriated in
part 1 shall not be used for the permanent assignment of state-owned vehicles
to justices or judges or any other judicial branch employee. This section does
not preclude the use of state-owned motor pool vehicles for state business in
accordance with approved guidelines.
Sec. 320. (1) From the funds
appropriated in part 1 for the swift and sure sanctions program, created under section 3
of chapter XIA of the code of criminal procedure, 1927 PA 175, MCL 771A.3,
the state court administrative office shall administer a program to distribute
grants to qualifying courts in accordance with the objectives and requirements
of the probation swift and sure sanctions act, chapter XIA of the code of
criminal procedure, 1927 PA 175, MCL 771A.1 to 771A.8. Of the funds designated
for the program, not more than $100,000.00 shall be available to the state
court administrative office to pay for employee costs associated with the administration of the program funds. Of the funds
designated for the program, $500,000.00 is reserved for programs in
counties that had more than 325 individuals sentenced to prison in the previous
calendar year. Courts interested in participating in the swift and sure
sanctions program may apply to the state court administrative office for a
portion of the funds appropriated in part 1 under this section.
(2) By April 1, the state court
administrative office, in cooperation with the department of corrections, shall
provide a report on the courts that receive funding under the swift and sure
sanctions program described in subsection (1) to the senate and house
appropriations subcommittees on judiciary, the senate and house fiscal
agencies, and the state budget office. The report shall include all of the
following:
(a) The number of offenders who
participate in the program.
(b) The criminal history of
offenders who participate in the program.
(c) The recidivism rate of
offenders who participate in the program, including the rate of return to jail,
prison, or both.
(d) A detailed description of
the establishment and parameters of the program.
(e) A list of courts
participating in the program.
(f) An accounting of prior year
expenditures, including grant amounts requested by the courts, grant amounts
awarded to the courts, and grant amounts expended by the courts.
(3) As used
in this section, program means a swift and sure sanctions program described
in subsection (1).
Sec. 321. From the funds
appropriated in part 1, the judicial branch shall support a statewide legal
self‑help internet website and local nonprofit self-help centers that use
the statewide website to provide assistance to individuals representing
themselves in civil legal proceedings. The state court administrative office
shall summarize the costs of maintaining the
website, provide statistics on the number of people visiting the website,
and provide information on content usage, form completion, and user feedback.
By March 1, the state court administrative office shall report this information
for the preceding fiscal year to the senate and house appropriations
subcommittees on judiciary, the senate and house fiscal agencies, and the state
budget office.
Sec. 322. If Byrne formula grant
funding is awarded to the state appellate defender, the state appellate defender
office may receive and expend Byrne formula grant funds in an amount not to
exceed $250,000.00 as an interdepartmental grant from the department of state
police. If the appellate defender appointed under section 3 of the
appellate defender act, 1978 PA 620, MCL 780.713, receives federal grant
funding from the United States Department of Justice in excess of the amount
appropriated in part 1, the office of appellate defender may receive and expend
grant funds in an amount not to exceed $300,000.00 as other federal grants.
Sec. 324. From the funds
appropriated in part 1 for the medication-assisted treatment program, the
judiciary shall maintain a medication-assisted treatment program to provide
treatment for opioid-addicted and alcohol-addicted individuals who are referred
to and voluntarily participate in the medication-assisted treatment program.
Sec. 325. (1) From the funds
appropriated in part 1 for Kalamazoo County trauma court, the county office of
the prosecuting attorney shall hire an assistant prosecutor who specializes in
trauma for prosecution of offenders and for providing intervention and
treatment services to offenders and referral services for victims. The court
shall focus on deterrence of offenders by reducing incidence and recidivism. Intervention
services shall be supplemented by trauma treatment and addiction services. The
prosecutor shall collaborate with the trauma
and resiliency team to review the progress of program participants, and to
assure offender accountability and victim safety. Treatment providers
shall specialize in substance abuse addiction and trauma treatment services for
adolescents and adults.
(2) The county office of the
prosecuting attorney, together with the intervention and treatment providers,
shall submit a report, by September 30, to the state court administrative
office, the senate and house of representatives subcommittees on judiciary, the
senate and house fiscal agencies, and the state budget office on the outcomes
of the trauma court. The report shall include program performance measures, the
number of individuals served, the outcomes of participants who complete the
program, recommendations on how the state can hold offenders accountable while
rehabilitating them with treatment, community-based resources and support, and
restorative justice approaches to conflict resolution, with the goal of being a
more effective and less costly alternative to incarceration.
ONE-TIME APPROPRIATIONS
Sec. 402. (1) From the funds
appropriated in part 1, the state appellate defender office attorneys and
support staff shall ensure Michigan compliance with Montgomery v Louisiana, 577 US _____ (2016). The purpose of the
program is to ensure competent, resourced, and supervised counsel in cases
involving the resentencing of juvenile lifers. The representation by SADO
counsel will create opportunities for release, saving prison costs for the
state.
(2) The state appellate defender
office shall submit a report by September 30 to the senate and house
appropriations subcommittees on judiciary, the senate and house fiscal
agencies, and the state budget office on the number of juvenile lifer cases
investigated and prepared by the state appellate defender office. The report
shall include a calculation of hours spent and focus on incremental costs
associated with investigating and conducting a robust examination of each case,
with particular emphasis on those costs that may be avoided after the cases
have been disposed.
Sec. 403. (1) From the funds
appropriated in part 1 for expansion of problem solving courts, the state court
administrative office shall create a pilot program in a veteran court within a
county with a population between 100,000 and 110,000 according to the most
recent federal decennial census. The pilot program will investigate the
effectiveness of saliva testing to determine compliance with required mental
health medicine prescriptions or requirements.
(2) From the funds appropriated in
part 1 for expansion of problem solving courts, $20,000.00 is allocated to
cover the costs of saliva testing.
Third: That the House and Senate
agree to the title of the bill to read as follows:
A bill to make appropriations for
the judiciary for the fiscal year ending September 30, 2020; and to provide for
the expenditure of the appropriations.
Tommy
Brann
Sarah
L. Lightner
Julie
Brixie
Conferees
for the House
Tom
Barrett
Jim
Stamas
Adam
Hollier
Conferees
for the Senate
The
question being on the adoption of the conference report,
Roll
Call No. 229 Yeas 102
Afendoulis Filler Kahle Rabhi
Albert Frederick Kennedy Reilly
Alexander Garza Koleszar Rendon
Allor Gay-Dagnogo Kuppa Sabo
Anthony Glenn LaFave Schroeder
Bellino Green LaGrand Shannon
Bolden Greig Lasinski Sheppard
Bollin Griffin Leutheuser Slagh
Brann Guerra Lightner Sneller
Brixie Haadsma Lilly Sowerby
Byrd Hall Love Stone
Calley Hammoud Lower Tate
Cambensy Hauck Maddock VanSingel
Camilleri Hernandez Manoogian VanWoerkom
Carter, T. Hertel Marino Vaupel
Chatfield Hoadley Markkanen Wakeman
Cherry Hoitenga Meerman Webber
Chirkun Hood Miller Wendzel
Clemente Hope Mueller Wentworth
Cole Hornberger Neeley Whiteford
Coleman Howell O Malley Whitsett
Crawford Huizenga Pagan Wittenberg
Eisen Iden Paquette Witwer
Elder Johnson,
C. Peterson Wozniak
Ellison Johnson,
S. Pohutsky Yaroch
Farrington Jones
Nays 6
Berman Liberati Warren Yancey
Garrett Robinson
In The Chair: Lilly
Rep. Webber moved that the bill be given
immediate effect.
The motion prevailed, 2/3 of the members
serving voting therefor.
First
Conference Report
The
Committee of Conference on the matters of difference between the two Houses
concerning
House
Bill No. 4229, entitled
A bill
to make appropriations for the department of agriculture and rural development
for the fiscal year ending September 30, 2020; and to provide for the
expenditure of the appropriations.
Recommends:
First: That
the Senate recede from the Substitute of the Senate as passed by the Senate.
Second: That
the House and Senate agree to the Substitute of the House as passed by the
House, amended to read as follows:
A bill
to make appropriations for the department of agriculture and rural development
for the fiscal year ending September 30, 2020; and to provide for the
expenditure of the appropriations.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
PART 1
LINE-ITEM APPROPRIATIONS
Sec. 101. There is appropriated
for the department of agriculture and rural development for the fiscal year
ending September 30, 2020, from the following funds:
DEPARTMENT OF AGRICULTURE AND RURAL DEVELOPMENT
APPROPRIATION SUMMARY
Full-time equated unclassified
positions......................................................... 6.0
Full-time equated classified
positions........................................................ 508.0
GROSS APPROPRIATION............................................................................... $ 112,637,600
Interdepartmental grant revenues:
IDG from LARA (LCC), liquor
quality testing fees............................................... 227,000
IDG from MDEGLE, biosolids........................................................................... 91,400
IDG from MDNR, forest development
fund.......................................................... 997,300
Total interdepartmental grants and
intradepartmental transfers................................ 1,315,700
ADJUSTED GROSS APPROPRIATION............................................................ $ 111,321,900
Federal revenues:
Department of interior........................................................................................ 238,900
EPA, multiple grants.......................................................................................... 1,292,300
HHS, multiple grants......................................................................................... 4,471,200
USDA, multiple grants....................................................................................... 6,634,000
Total federal revenues........................................................................................ 12,636,400
Special revenue funds:
Private - commodity group revenue..................................................................... 80,500
Private - slow-the-spread
foundation.................................................................... 21,300
Total private revenues........................................................................................ 101,800
Agricultural preservation fund............................................................................. 3,444,900
Agriculture equine industry
development fund...................................................... 3,667,200
Agriculture licensing and
inspection fees.............................................................. 5,066,600
Animal welfare fund.......................................................................................... 150,000
Commodity inspection fees................................................................................. 656,000
Consumer and industry food safety
education fund................................................ 243,000
Dairy and food safety fund................................................................................. 6,079,100
Feed control fund.............................................................................................. 1,318,900
Fertilizer control fund........................................................................................ 1,103,100
Freshwater protection fund................................................................................. 8,501,500
Gasoline inspection and testing
fund.................................................................... 1,455,400
Grain dealers fee fund........................................................................................ 690,400
Horticulture fund............................................................................................... 40,000
Industrial hemp licensing and
registration fund..................................................... 120,000
Industry food safety education
fund..................................................................... 114,100
Industry support funds........................................................................................ 486,000
Michigan craft beverage council
fund.................................................................. 900,300
Migratory labor housing fund.............................................................................. 169,100
Private forestland enhancement
fund.................................................................... 795,700
Refined petroleum fund...................................................................................... 3,353,200
Rural development fund..................................................................................... 2,006,300
Testing fees...................................................................................................... 292,600
Weights and measures regulation
fees.................................................................. 730,300
Total other state restricted
revenues..................................................................... 41,383,700
State general fund/general purpose...................................................................... $ 57,200,000
Sec. 102. DEPARTMENTAL
ADMINISTRATION AND SUPPORT
Full-time equated unclassified
positions......................................................... 6.0
Full-time equated classified
positions.......................................................... 26.0
Unclassified positions 6.0 FTE
positions........................................................... $ 596,700
Accounting service center................................................................................... 1,011,300
Commissions and boards.................................................................................... 23,800
Emergency management 4.0 FTE
positions........................................................ 1,101,300
Executive direction 22.0 FTE
positions............................................................. 2,958,700
Property management........................................................................................ 738,100
GROSS APPROPRIATION............................................................................... $ 6,429,900
[Please see the PDF version of this journal, if available, to view this image.]
Appropriated from:
Federal revenues:
HHS, multiple grants......................................................................................... 440,000
Special revenue funds:
Agriculture licensing and
inspection fees.............................................................. 34,500
Dairy and food safety fund................................................................................. 30,400
Feed control fund.............................................................................................. 3,100
Freshwater protection fund................................................................................. 36,100
Industry support funds........................................................................................ 54,300
Michigan craft beverage council
fund.................................................................. 8,800
Private forestland enhancement
fund.................................................................... 15,600
State general fund/general purpose...................................................................... $ 5,807,100
Sec. 103. INFORMATION AND
TECHNOLOGY
Information technology services
and projects........................................................ $ 1,812,800
GROSS APPROPRIATION............................................................................... $ 1,812,800
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.............................................................. 93,800
Dairy and food safety fund................................................................................. 61,200
Freshwater protection fund................................................................................. 100
Gasoline inspection and testing
fund.................................................................... 31,800
Michigan craft beverage council
fund.................................................................. 500
State general fund/general purpose...................................................................... $ 1,622,000
Sec. 104. FOOD AND DAIRY
Full-time equated classified
positions........................................................ 134.0
Food safety and quality assurance 98.0
FTE positions......................................... $ 17,124,500
Milk safety and quality assurance 36.0
FTE positions......................................... 5,510,700
GROSS APPROPRIATION............................................................................... $ 22,635,200
Appropriated from:
Federal revenues:
HHS, multiple grants......................................................................................... 2,714,200
USDA, multiple grants....................................................................................... 137,200
Special revenue funds:
Consumer and industry food safety
education fund................................................ 243,000
Dairy and food safety fund................................................................................. 5,484,000
Industry food safety education
fund..................................................................... 114,100
State general fund/general purpose...................................................................... $ 13,942,700
Sec. 105. ANIMAL INDUSTRY
Full-time equated classified
positions.......................................................... 61.0
Michigan animal agriculture
alliance................................................................... $ 3,000,000
Animal disease prevention and
response 61.0 FTE positions................................ 9,065,100
Indemnification - livestock
depredation................................................................ 25,000
GROSS APPROPRIATION............................................................................... $ 12,090,100
Appropriated from:
Federal revenues:
Department of interior........................................................................................ 40,800
HHS, multiple grants......................................................................................... 46,600
USDA, multiple grants....................................................................................... 531,600
Special revenue funds:
Private - commodity group revenue..................................................................... 30,500
Agriculture licensing and
inspection fees.............................................................. 70,300
Animal welfare fund.......................................................................................... 150,000
State general fund/general purpose...................................................................... $ 11,220,300
[Please see the PDF version of this journal, if available, to view this image.]
Sec.
106. PESTICIDE AND PLANT PEST MANAGEMENT
Full-time equated classified
positions.......................................................... 88.0
Pesticide and plant pest
management 80.0 FTE positions..................................... $ 12,109,200
Animal feed safety 8.0 FTE positions................................................................ 1,752,900
GROSS APPROPRIATION............................................................................... $ 13,862,100
Appropriated from:
Federal revenues:
Department of interior........................................................................................ 101,800
EPA, multiple grants.......................................................................................... 554,800
HHS, multiple grants......................................................................................... 327,900
USDA, multiple grants....................................................................................... 719,000
Special revenue funds:
Private - slow-the-spread
foundation.................................................................... 21,300
Agriculture licensing and
inspection fees.............................................................. 4,520,700
Commodity inspection fees................................................................................. 656,000
Feed control fund.............................................................................................. 1,125,000
Fertilizer control fund........................................................................................ 1,079,000
Freshwater protection fund................................................................................. 156,600
Horticulture fund............................................................................................... 40,000
Industry support funds........................................................................................ 228,100
State general fund/general purpose...................................................................... $ 4,331,900
Sec. 107. ENVIRONMENTAL
STEWARDSHIP
Full-time equated classified
positions.......................................................... 65.5
Agricultural preservation easement
grants............................................................ $ 1,900,000
Environmental stewardship - MAEAP 25.0
FTE positions................................... 10,739,000
Farmland and open space
preservation 10.0 FTE positions.................................. 1,566,600
Intercounty drain 6.0 FTE
positions.................................................................. 822,000
Migrant labor housing 9.0 FTE
positions........................................................... 1,298,600
Qualified forest program 9.0 FTE
positions....................................................... 2,681,100
Right-to-farm 6.5 FTE positions....................................................................... 974,700
GROSS APPROPRIATION............................................................................... $ 19,982,000
Appropriated from:
Interdepartmental grant revenues:
IDG from MDEGLE, biosolids........................................................................... 91,400
IDG from MDNR, forest development
fund.......................................................... 997,300
Federal revenues:
Department of interior........................................................................................ 96,300
EPA, multiple grants.......................................................................................... 561,600
USDA, multiple grants....................................................................................... 1,322,300
Special revenue funds:
Agricultural preservation fund............................................................................. 3,444,700
Freshwater protection fund................................................................................. 8,263,000
Migratory labor housing fund.............................................................................. 140,100
Private forestland enhancement
fund.................................................................... 780,100
State general fund/general purpose...................................................................... $ 4,285,200
Sec. 108. LABORATORY PROGRAM
Full-time equated classified
positions........................................................ 107.0
Central licensing and customer call
center 12.0 FTE positions............................. $ 1,355,600
Consumer protection program 42.0
FTE positions.............................................. 6,868,300
Laboratory services 41.0 FTE
positions............................................................. 7,226,900
USDA monitoring 12.0 FTE positions............................................................... 1,647,900
GROSS APPROPRIATION............................................................................... $ 17,098,700
Appropriated from:
Interdepartmental grant revenues:
IDG from LARA (LCC), liquor
quality testing fees............................................... 223,800
Federal revenues:
EPA, multiple grants.......................................................................................... 175,900
[Please see the PDF version of this journal, if available, to view this image.]
HHS, multiple grants......................................................................................... 942,500
USDA, multiple grants....................................................................................... 1,649,100
Special revenue funds:
Agriculture licensing and
inspection fees.............................................................. 342,200
Dairy and food safety fund................................................................................. 503,500
Feed control fund.............................................................................................. 190,800
Fertilizer control fund........................................................................................ 24,100
Freshwater protection fund................................................................................. 45,700
Gasoline inspection and testing
fund.................................................................... 1,423,600
Grain dealers fee fund........................................................................................ 7,900
Migratory labor housing fund.............................................................................. 29,000
Refined petroleum fund...................................................................................... 3,353,200
Testing fees...................................................................................................... 202,600
Weights and measures regulation
fees.................................................................. 730,300
State general fund/general purpose...................................................................... $ 7,254,500
Sec. 109. AGRICULTURE DEVELOPMENT
Full-time equated classified
positions.......................................................... 22.0
Agriculture development 13.0 FTE
positions..................................................... $ 4,323,900
Fair food network - double up food
bucks............................................................ 1,000,000
Food and agriculture investment program............................................................. 4,000,000
Michigan craft beverage council 3.0
FTE positions............................................. 940,100
Producer security/grain dealers 5.0
FTE positions............................................... 729,300
Rural development fund grant
program 1.0 FTE position..................................... 2,006,300
GROSS APPROPRIATION............................................................................... $ 12,999,600
Appropriated from:
Federal revenues:
USDA, multiple grants....................................................................................... 2,274,800
Special revenue funds:
Private - commodity group revenue..................................................................... 50,000
Agriculture licensing and
inspection fees.............................................................. 5,100
Grain dealers fee fund........................................................................................ 682,500
Industry support funds........................................................................................ 203,600
Michigan craft beverage council
fund.................................................................. 891,000
Rural development fund..................................................................................... 2,006,300
State general fund/general purpose...................................................................... $ 6,886,300
Sec. 110. FAIRS AND EXPOSITIONS
County fairs, shows, and
expositions.................................................................... $ 1,000,000
Fairs and racing................................................................................................. 256,600
Licensed tracks - light horse
racing...................................................................... 40,300
Light horse racing - breeders
awards................................................................... 20,000
Purses and supplements -
fairs/licensed tracks....................................................... 708,300
Standardbred breeders awards............................................................................ 345,900
Standardbred purses and supplements
- licensed tracks.......................................... 671,800
Standardbred sire stakes..................................................................................... 275,000
Thoroughbred breeders awards.......................................................................... 368,600
Thoroughbred sire stakes.................................................................................... 378,800
Thoroughbred supplements -
licensed tracks......................................................... 601,900
GROSS APPROPRIATION............................................................................... $ 4,667,200
Appropriated from:
Special revenue funds:
Agriculture equine industry
development fund...................................................... 3,667,200
State general fund/general purpose...................................................................... $ 1,000,000
Sec. 111. ONE-TIME BASIS ONLY
APPROPRIATIONS
Full-time equated classified
positions............................................................ 4.5
Farm stress program........................................................................................... $ 500,000
Industrial hemp program 4.5 FTE
positions....................................................... 360,000
Local conservation districts -
pilot project............................................................ 200,000
GROSS APPROPRIATION............................................................................... $ 1,060,000
[Please see the PDF version of this journal, if available, to view this image.]
Appropriated from:
Special revenue funds:
Industrial hemp licensing and
registration fund..................................................... 120,000
Testing fees...................................................................................................... 90,000
State general fund/general purpose...................................................................... $ 850,000
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
FOR FISCAL YEAR 2019-2020
GENERAL SECTIONS
Sec. 201. Pursuant to section 30
of article IX of the state constitution of 1963, total state spending from
state sources under part 1 for fiscal year 2019-2020 is $98,583,700.00 and
state spending from state sources to be paid to local units of government for
fiscal year 2019-2020 is $9,650,000.00. The itemized statement below identifies
appropriations from which spending to local units of government will occur:
DEPARTMENT OF AGRICULTURE
Agriculture preservation easement
grants............................................................. $ 1,900,000
Environmental stewardship/MAEAP................................................................... 4,250,000
Qualified forest program.................................................................................... 1,500,000
Rural development fund grant
program................................................................ 2,000,000
TOTAL............................................................................................................ $ 9,650,000
Sec. 202. The appropriations
authorized under part 1 and this part are subject to the management and budget
act, 1984 PA 431,
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) FDA means the United States
Food and Drug Administration.
(e) Fiscal agencies means the
Michigan house fiscal agency and the Michigan senate fiscal agency.
(f)
(g)
(h)
(i) LARA means the Michigan
department of licensing and regulatory affairs.
(j) LCC means the Michigan
liquor control commission.
(k) MAEAP means the Michigan
agriculture environmental assurance program.
(l) MDEGLE means the Michigan department of environment, Great Lakes,
and energy.
(m) MDNR means the Michigan
department of natural resources.
(n) MOU means memorandum of
understanding.
(o) Subcommittees means all
members of the subcommittees of the house and senate appropriations committees
with jurisdiction over the budget for the department.
(p) TB means tuberculosis.
(q) USDA means the United States
Department of Agriculture.
Sec. 204. (1) The departments and
agencies receiving appropriations in part 1 shall use the internet to fulfill
the reporting requirements of this part. This requirement 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.
(2) In fulfilling the reporting
requirements of this part, the department shall notify report recipients when
reports are posted to the department website.
Sec. 205. Funds appropriated in
part 1 shall not be used for the purchase of foreign goods or services, or
both, if competitively priced and of comparable quality American goods or
services, or both, are available. Preference shall be given to goods or
services, or both, manufactured or provided by Michigan businesses, if they are
competitively priced and of comparable quality. In addition, preference shall
be given to goods or services, or both, that are manufactured or provided by
Michigan businesses owned and operated by veterans, if they are competitively
priced and of comparable quality.
Sec. 206. The director shall take
all reasonable steps to ensure businesses in deprived and depressed communities
compete for and perform contracts to provide services or supplies, or both.
Each director shall strongly encourage firms with which the department
contracts to subcontract with certified businesses in depressed and deprived
communities for services or supplies, or both.
Sec. 207. The
departments and agencies receiving appropriations in part 1 shall prepare a
report on out‑of‑state travel expenses not later than January 1 of
each year. The travel report shall be a listing of all travel by classified and
unclassified employees outside this state in the immediately preceding fiscal
year that was funded in whole or in part with funds appropriated in the
department s budget. The report shall be submitted to the house and senate
appropriations committees, the house and senate fiscal agencies, and the state
budget director. The report shall include the following information:
(a) The dates of each travel
occurrence.
(b) The transportation and related
costs of each travel occurrence, including the proportion funded with state
general fund/general purpose revenues, the proportion funded with state
restricted revenues, the proportion funded with federal revenues, and the proportion
funded with other revenues.
Sec. 208. Funds appropriated in
part 1 shall not be used by a principal executive department, state agency, or
authority to hire a person to provide legal services that are the
responsibility of the attorney general. This prohibition does not apply to
legal services for bonding activities and for those outside services that the
attorney general authorizes.
Sec. 209. Not later than November
30, the state budget office shall prepare and transmit a report that provides
for estimates of the total general fund/general purpose appropriation lapses at
the close of the prior fiscal year. This report shall summarize the projected
year-end general fund/general purpose appropriation lapses by major
departmental program or program areas. The report shall be transmitted to the
chairpersons of the senate and house of representatives standing committees on
appropriations and the senate and house fiscal agencies.
Sec. 210. (1) In addition to the
funds appropriated in part 1, there is appropriated an amount not to exceed
$3,000,000.00 for federal contingency 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 $2,000,000.00 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. 211. The department shall
cooperate with the department of technology, management, and budget to maintain
a searchable website accessible by the public at no cost that includes, but is
not limited to, all of the following for each department or agency:
(a) Fiscal year-to-date
expenditures by category.
(b) Fiscal year-to-date
expenditures by appropriation unit.
(c) Fiscal year-to-date payments
to a selected vendor, including the vendor name, payment date, payment amount,
and payment description.
(d) The number of active
department employees by job classification.
(e) Job specifications and wage
rates.
Sec. 212. Within 14 days after the
release of the executive budget recommendation, the department shall cooperate with the state budget office to provide
the senate and house appropriations chairs, the subcommittees,
respectively, and the senate and house fiscal agencies with an annual report on
estimated state restricted fund balances, state restricted fund projected
revenues, and state restricted fund expenditures for the fiscal years ending
September 30, 2019 and September 30, 2020.
Sec. 213. The department shall
maintain, on a publicly accessible website, a department scorecard that
identifies, tracks, and regularly updates key metrics that are used to monitor
and improve the agency s performance.
Sec. 214. Total authorized
appropriations from all sources under part 1 for legacy costs for the fiscal
year ending September 30, 2020 is $12,028,500.00. From this amount, total
agency appropriations for pension-related legacy costs are estimated at
$5,847,300.00. Total agency appropriations for retiree health care legacy costs
are estimated at $6,181,200.00.
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. 234. 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.
DEPARTMENTAL ADMINISTRATION AND SUPPORT
Sec. 301. (1) The department may
establish a fee schedule and collect fees for the following work activities and
services:
(a) Pesticide and plant pest
management propagation and certification of virus-free foundation stock.
(b) Fruit and vegetable inspection
and grading services at shipping and termination points and processing plants.
(c) Laboratory support analyses of
food, livestock, and agricultural products for disease, foreign products for
disease, toxic materials, foreign substances, and quality standards.
(d) Laboratory support test
samples for other state and local agencies and public or private organizations.
(2) The department may receive and
expend revenue from the fees authorized under subsection (1), subject to
appropriation, for the purpose of recovering expenses associated with the work
activities and services described in subsection (1). Fee revenue collected
by the department under subsection (1) shall not lapse to the state
general fund at the end of the fiscal year but shall carry forward for
appropriation by the legislature in the subsequent fiscal year.
(3) The department shall notify
the subcommittees, the fiscal agencies, and the state budget office 30 days
prior to proposing changes in fees authorized under this section or under section 5
of 1915 PA 91, MCL 285.35.
(4) On or before February 1 of
each year, the department shall provide a report to the subcommittees, the
fiscal agencies, and the state budget office detailing all the fees charged by
the department under the authorization provided in this section, including, but
not limited to, rates, number of individuals paying each fee, and the revenue
generated by each fee in the previous fiscal year.
Sec. 302. (1) The department may
contract with or provide grants to local units of government, institutions of
higher education, or nonprofit organizations to support activities authorized
by appropriations in part 1. As used in this
section, contracts and grants include, but are not limited to, contracts for
delivery of groundwater/
freshwater programs, MAEAP technical assistance, forest management, invasive
species monitoring, wildlife risk mitigation, grants promoting proper
pesticide disposal, and research grants for the purpose of enhancing the
agricultural industries in this state.
(2) The
department shall provide notice of contracts or grants authorized under this section to
the subcommittees, the fiscal agencies, and the state budget office not later than 7 days
before the department notifies contract or grant recipients.
Sec. 401. (1) The department shall
report on the previous fiscal year s activities of the food and dairy division.
The report shall include information on activities and outcomes of the dairy safety
and inspection program, the food safety inspection program, the foodborne
illness and emergency response program, and the food service program.
(2) The report shall include
information on significant foodborne outbreaks and emergencies, including any
significant enforcement actions taken related to food safety during the prior
calendar year.
(3) The report shall be
transmitted to the subcommittees, the fiscal agencies, and the state budget
office and posted to the department s website on or before April 1 of each
year.
ANIMAL INDUSTRY
Sec. 451. From the funds
appropriated in part 1 for bovine 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. 452. (1) The department shall
report on the previous calendar year s activities of the animal industry
division. The report shall be transmitted to the subcommittees, the fiscal
agencies, and the state budget office and posted to the department s website on
or before April 1 of each year.
(2) The department shall include
in the report all indemnification payments for livestock depredation made in
the previous calendar year and shall include all of the following:
(a) The reason for the
indemnification.
(b) The amount of the
indemnification.
(c) The person for whom the
indemnification was paid.
Sec. 454. The department shall use
its resources to collaborate with the USDA to monitor bovine TB, consistent
with the May 2016 and April 2019 memoranda of understanding between the
department and the USDA.
Sec. 457. (1) On or before October
15, 2019, the department shall provide to the subcommittees, the fiscal
agencies, and the state budget office a report on bovine TB status and
department activities.
(2) For each fiscal quarter
following the report required in subsection (1), the department shall
provide an update to the subcommittees, the fiscal agencies, and the state
budget office. The quarterly update reports shall
identify significant impacts to the program, including new incidence of bovine
TB in this state, department activity associated with specific new
incidence of bovine TB, any changes in USDA requirements or movement orders,
and information and data on wildlife risk mitigation plan implementation in the
modified accredited zone; implementation of a movement certificate process;
progress toward annual surveillance test requirements; efforts to work with
slaughter facilities in this state, as well as those that slaughter a
significant number of animals from this
state; educational programs and information for this state s livestock
community; and any other item the legislature should be aware of that
will promote or hinder efforts to achieve bovine TB-free status for this state.
PESTICIDE AND PLANT PEST MANAGEMENT
Sec. 501. The department shall
report on the previous calendar year s activities of the pesticide and plant pest
management division. The report shall be transmitted to the subcommittees, the
fiscal agencies, and the state budget office and posted to the department s
website on or before April 1 of each year.
ENVIRONMENTAL STEWARDSHIP
Sec. 601. The funds appropriated
in part 1 for environmental stewardship/MAEAP shall be used to support
department agriculture pollution prevention programs, including groundwater and
freshwater protection programs under part 87 of the natural resources and
environmental protection act, 1994 PA 451, MCL 324.8701 to 324.8717, and
technical assistance in implementing conservation grants available under the
federal farm bill of 2014 and the federal farm bill of 2018.
Sec. 602. The department shall
report on the previous calendar year s activities of the environmental
stewardship division. The report shall be transmitted to the subcommittees, the
fiscal agencies, and the state budget office and posted to the department s
website on or before April 1 of each year.
Sec. 604. The department may
receive and expend federal revenues in excess of the federal revenue
appropriated in section 107 of part 1 for environmental stewardship and
MAEAP activities. The department shall notify the subcommittees, the fiscal
agencies, and the state budget office prior to expending federal revenues
authorized under this section.
Sec. 608. (1) The appropriations
in part 1 for the 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.
LABORATORY PROGRAM
Sec. 651. The department shall
report on the previous calendar year s activities of the laboratory division.
The report shall be transmitted to the subcommittees, the fiscal agencies, and
the state budget office and posted to the department s website on or before
April 1 of each year.
AGRICULTURE DEVELOPMENT
Sec. 701. (1) From the funds
appropriated in part 1 for the food and agriculture investment program, the
department shall establish and administer a food and agriculture investment
program.
(2) The food and agriculture
investment program shall expand the Michigan food and agriculture sector, grow
Michigan exports, promote the development of value-added agricultural
production, food hubs, food incubators, and community-based processing
facilities, and the expansion of farm markets and urban agriculture, including
promotion of hoop houses, and increase food processing activities within the
state by accelerating projects and infrastructure development that support
growth in the food and agriculture processing industry.
(3) In addition to the funds
appropriated in part 1, the department may receive and expend funds received
from outside sources for the food and agriculture investment program.
(4) Before the allocation of
funding, all projects shall receive approval from the Michigan commission of
agriculture and rural development, except for projects selected through a
competitive process by a joint evaluation committee selected by the director
and consisting of representatives that have agriculture, business, and economic
development expertise. Projects funded through the food and agriculture
investment program will be required to have a grant agreement that outlines
milestones and activities that must be met in order to receive a disbursement
of funds. Projects must also identify measurable project outcomes.
(5) The department shall include
in the agriculture development annual report a report on the food and
agriculture investment program for the previous fiscal year that includes a
listing of the grantees, award amounts, match funding, project locations, and
project outcomes.
(6) The food and agriculture
investment program shall be administered by the department and provide support
for food and agriculture projects that will enable growth in the industry and
this state s economy.
(7) The unexpended funds
appropriated in part 1 for the food and agriculture investment program are
designated as a work project appropriation, and any unencumbered or unallotted
funds shall not lapse at the end of the fiscal year and shall be available for
expenditures for projects under this section until the projects have been
completed. The following is in compliance with section 451a(1) of the
management and budget act, 1984 PA 431, MCL 18.1451a:
(a) The purpose of the project is
to promote and expand the Michigan food and agriculture sector, grow Michigan
exports, and increase food processing activities within the state.
(b) The project will be funded in
accordance with this section and the project guidelines approved by the
Michigan agriculture commission prior to an award.
(c) The estimated cost of this
project is identified in the appropriation line item.
(d) The tentative completion date
for the work project is September 30, 2022.
(8) The department may expend
money from the funds appropriated in part 1 for the food and agriculture
investment program, including all of the following activities:
(a) Grants.
(b) Loans or loan guarantees.
(c) Infrastructure development.
(d) Other economic assistance.
(e) Program administration.
(f) Export assistance.
(9) The department shall expend no
more than 5% from the funds appropriated in part 1 for the food and agriculture
investment program for administrative purposes.
Sec. 702. The department shall
work with the rural development fund board to establish a process and criteria
for funding projects as well as establishing metrics and measurable outcomes
for the program. Funds appropriated from the rural development fund shall be
used in accordance with the provisions of the rural development fund act, 2012 PA 411,
MCL 286.941 to 286.947.
Sec. 703. (1) The department shall
work with the department of health and human services to do all of the
following:
(a) Notify recipients of food
assistance program benefits that food assistance program benefits can be
accessed at many farmer s markets in this state with bridge cards.
(b) Notify recipients of food
assistance program benefits about the double up food bucks program that is
administered by the fair food network. Food assistance program recipients shall
receive information about the double up food bucks program, including
information that explains that when program recipients spend up to $20.00 at
participating farmer s markets and grocery stores, the recipient can receive an
additional $20.00 to buy Michigan produce.
(2) The department shall work with
the fair food network to expand access to the double up food bucks program in
each of the state s counties with grocery stores or farmer s markets that meet
the program s eligibility requirements.
(3) On or before June 1, 2020, the
department shall submit a report on activities and outcomes of the double up
food bucks program to the house and senate appropriations subcommittees on
agriculture and rural development and the fiscal agencies. The report shall
contain all of the following:
(a) Counties in this state with
participating double up food bucks vendors, the number of vendors by county,
and the name and location of vendors, as of May 1, 2019.
(b) Counties in this state with
participating double up food bucks vendors, the number of vendors by county,
and the name of location of vendors, as of May 1, 2020. The report shall
highlight counties and vendors added to the program since May 1, 2019.
(c) Number of individuals
participating in the program, by county.
(d) A breakdown of program
participation by county and by day of week.
(4) The report required under subsection (3)
shall also include a discussion of program evaluation criteria, as well as
recommendation of a reporting metric for tracking health outcomes of program
participants.
Sec. 706. (1) The department shall
report on the previous calendar year s activities of the agriculture
development division. The report shall be transmitted to the subcommittees, the
fiscal agencies, and the state budget office and posted to the department s
website on or before April 1 of each year.
(2) The report shall include the
following information on any grants awarded during the prior fiscal year:
(a) The name of the grantee.
(b) The amount of the grant.
(c) The purpose of the grant,
including measurable outcomes.
(d) Additional state, federal,
private, or local funds contributed to the grant project.
(e) The completion date of
grant-funded activities.
(3) The report shall include the
following information on the Michigan craft beverage council established under section 303
of the Michigan liquor control code of 1998, 1998 PA 58, MCL 436.1303:
(a) Council activities and
accomplishments for the previous fiscal year.
(b) Council expenditures for the
previous fiscal year by category of administration, industry support, research
and education grants, and promotion and consumer education.
(c) Grants awarded during the
previous fiscal year and the results of research grant projects completed
during the previous fiscal year.
FAIRS
Sec. 801. All appropriations
from the agriculture equine industry development fund shall be spent on
equine-related purposes. No funds from the agriculture equine industry
development fund shall be expended for nonequine-related purposes without prior
approval of the legislature.
Sec. 802. From the funds
appropriated in part 1 from agriculture equine industry development funds,
available revenue shall be allocated in the following priority order:
(a) To support all
administrative, contractual, and regulatory costs incurred by the department and
the Michigan gaming control board.
(b) Up to $395,000.00 shall be
allocated to the purses and supplements fairs/licensed tracks line item.
(c) Any remaining funds
collected through September 30, 2020, after the obligations in subdivisions (a)
and (b) have been met, shall be prorated equally among the supplements,
breeders awards, and sire stakes awards to eligible race meeting licensees in
accordance with section 20 of the horse racing law of 1995, 1995 PA 279,
MCL 431.320.
Sec. 805. (1) The department
shall establish and administer a county fairs, shows, and expositions grant
program. The program shall have the following objectives:
(a) Assist in the promotion of
building improvements or other capital improvements at county fairgrounds of
the state.
(b) Provide financial support,
promotion, prizes, and premiums of equine, livestock, and other agricultural
commodity expositions in the state.
(2) The department shall award
grants on a competitive basis to county fairs or other organizations from the
funds appropriated in part 1 for county fairs, shows, and expositions grants.
Grantees will be required to provide a 50% cash match with grant awards and
identify measurable project outcomes. A county fair organization that received
a county fair capital improvement grant in the prior fiscal year shall not
receive a grant from the appropriation in part 1.
(3) From the amount appropriated
in part 1 for county fairs, shows, and expositions, up to $25,000.00 shall be
expended for the purpose of financial support, promotion, prizes, and premiums
of equine, livestock, and other agricultural commodity expositions in this
state, and festivals.
(4) All fairs receiving grants
under this section shall provide a report to the department on the
financial impact resulting from the capital improvement project on both fair
and nonfair events. These reports are due for 3 years immediately following the
completion of the capital improvement project.
(5) The department shall
identify criteria, evaluate applications, and provide recommendations to the
director for final approval of grant awards.
(6) The department may expend
money from the funds appropriated in part 1 for the county fairs, shows, and
expositions grants for administering the program.
(7) The unexpended portion of
the county fairs, shows, and expositions grants is considered a work project
appropriation in accordance with section 451a of the management and budget
act, 1984 PA 431, MCL 18.1451a. The following apply to the project:
(a) The purpose of the project
is to support building improvements or other capital improvements at county
fairgrounds of the state.
(b) All grants will be
distributed in accordance with this section and the grant guidelines
published prior to the request for proposals.
(c) The estimated cost of the
project is identified in the appropriation line item.
(d) The tentative completion
date for the work project is September 30, 2022.
(8) The department shall provide
a year-end report on the county fairs, shows, and expositions grants no later
than December 1, 2020 to the subcommittees, the fiscal agencies, and the state
budget director that includes a listing of the grantees, award amounts, match
funding, and project outcomes.
Sec. 806. From the funds
appropriated in part 1 for county fairs, shows, and expositions, $50,000.00
shall be used to promote festivals and events in this state.
ONE-TIME BASIS ONLY APPROPRIATIONS
Sec. 901. The appropriation in
part 1 for the farm stress program shall be used to respond to the mental
stress and fatigue of Michigan farmers and agricultural producers and their
families through utilizing existing services that offer behavioral health
specialists in the agriculture industry.
Sec. 902. The funds appropriated
in part 1 for local conservation districts - pilot project shall be used for
the development of a conservation district natural resources assessment model.
The assessment model shall be designed for the purposes of assisting the
department and conservation districts in creating a standardized report that
would provide a description of each of the conservation districts in the state,
identify, at a minimum, the top 5 natural resources needs for each conservation
district, and provide a business plan on how each conservation district will
implement programs and services necessary to meet the top 5 resources needs in
a district. A status update on the progress toward completion of a conservation
district natural resources assessment model shall be presented to the
department and the subcommittees no later than May 1, 2020, with a final
completion deadline of no later than September 9, 2020.
Third: That the House and Senate
agree to the title of the bill to read as follows:
A bill to make appropriations for
the department of agriculture and rural development for the fiscal year ending
September 30, 2020; and to provide for the expenditure of the appropriations.
Greg
VanWoerkom
Ann
M. Bollin
Sheryl
Y. Kennedy
Conferees
for the House
Roger
Victory
Jim
Stamas
Conferees
for the Senate
The
question being on the adoption of the conference report,
Roll Call No. 230 Yeas 69
Afendoulis Glenn LaFave Rendon
Albert Green LaGrand Sabo
Alexander Griffin Lasinski Schroeder
Allor Haadsma Leutheuser Sheppard
Bellino Hall Lightner Slagh
Berman Hauck Lilly VanSingel
Bollin Hernandez Lower VanWoerkom
Brann Hoadley Maddock Vaupel
Calley Hoitenga Marino Wakeman
Cambensy Hope Markkanen Webber
Chatfield Hornberger Meerman Wendzel
Cole Howell Miller Wentworth
Crawford Huizenga Mueller Whiteford
Eisen Iden O Malley Whitsett
Farrington Johnson, S. Paquette Witwer
Filler Kahle Peterson Wozniak
Frederick Kennedy Reilly Yaroch
Gay-Dagnogo
Nays 39
Anthony Elder Jones Robinson
Bolden Ellison Koleszar Shannon
Brixie Garrett Kuppa Sneller
Byrd Garza Liberati Sowerby
Camilleri Greig Love Stone
Carter,
T. Guerra Manoogian Tate
Cherry Hammoud Neeley Warren
Chirkun Hertel Pagan Wittenberg
Clemente Hood Pohutsky Yancey
Coleman Johnson, C. Rabhi
In The Chair: Lilly
Rep.
Webber moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
The Speaker laid before the House the
conference report relative to
House Bill No. 4241, entitled
A bill to make
appropriations for the department of natural resources for the fiscal year
ending September 30, 2020; and to provide for the expenditure
of the appropriations.
(The conference report was reported by
the conference committee on September 17.)
(For conference report, see House
Journal No. 86, p. 1083.)
The question being on the adoption of
the conference report,
The conference report was adopted, a
majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 231 Yeas 63
Afendoulis Filler Leutheuser Sheppard
Albert Frederick Lightner Slagh
Alexander Glenn Lilly Tate
Allor Green Lower VanSingel
Bellino Griffin Maddock VanWoerkom
Berman Hall Marino Vaupel
Bollin Hauck Markkanen Wakeman
Brann Hernandez Meerman Webber
Calley Hoitenga Miller Wendzel
Cambensy Hornberger Mueller Wentworth
Chatfield Howell O Malley Whiteford
Cole Huizenga Paquette Whitsett
Crawford Iden Reilly Witwer
Eisen Johnson,
S. Rendon Wozniak
Elder Kahle Schroeder Yaroch
Farrington LaFave Shannon
Nays 45
Anthony Garza Jones Peterson
Bolden Gay-Dagnogo Kennedy Pohutsky
Brixie Greig Koleszar Rabhi
Byrd Guerra Kuppa Robinson
Camilleri Haadsma LaGrand Sabo
Carter, T. Hammoud Lasinski Sneller
Cherry Hertel Liberati Sowerby
Chirkun Hoadley Love Stone
Clemente Hood Manoogian Warren
Coleman Hope Neeley Wittenberg
Ellison Johnson,
C. Pagan Yancey
Garrett
In The Chair:
Lilly
Rep.
Cole moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
By
unanimous consent the House returned to the order of
Motions
and Resolutions
House Resolution No. 168.
A resolution to declare September
22-28, 2019, as Rail Safety Week in the state of Michigan.
Whereas, The state of Michigan is
a leader in supporting highway-rail grade crossing and pedestrian safety
programs; and
Whereas, Highway-grade crossing
crashes during 2018 resulted in 1 person killed and another 15 persons injured
in the state of Michigan; and
Whereas, Pedestrian/railroad
trespass incidents on railroad property during 2018 resulted in 6 persons
killed and another 6 persons injured in the state of Michigan; and
Whereas, Highway-grade crossing
crashes are more severe than highway collisions and are more likely to result
in death and injury; and
Whereas, Collisions between
trains and other motor vehicles or pedestrians could have been prevented by
increased public awareness of the appropriate safety laws and a greater
understanding of the dangers at crossings and around railroad property; and
Whereas, Operation Lifesaver is
the foremost public information and education program dedicated to preventing
highway-rail grade crossing crashes and pedestrian/railroad trespass incidents;
and
Whereas, On September 22-28,
2019, and throughout the year, all citizens are encouraged to observe added
caution as motorists or pedestrians near tracks or trains; and
Whereas,
This important observance should lead to greater safety awareness and a
reduction in highway‑rail grade
crossing crashes and pedestrian/railroad incidents; now, therefore, be it
Resolved by
the House of Representatives, That the members of this legislative body declare
September 22‑28, 2019, as Rail Safety Week in the state
of Michigan. We encourage all citizens to participate in activities to reduce
crossing crashes and pedestrian/railroad trespass incidents during the week and
throughout the year.
The question being on the adoption of
the resolution,
The resolution was adopted.
Reports
of Standing Committees
The Speaker laid before the House
House Resolution No. 104.
A resolution to memorialize the United
States Department of Agriculture to recognize industrial hemp as a valuable
agricultural commodity and to take certain steps to remove barriers to
encourage the commercial production of this crop.
(For text of resolution, see House
Journal No. 48, p. 579.)
(The resolution was reported by the
Committee on Agriculture on September 18, with substitute (H-1).)
(For substitute, see House Journal No.
87, p. 1224.)
The question being on the adoption of
the proposed substitute (H-1) recommended by the Committee,
The substitute (H-1) was adopted, a
majority of the members present voting therefor.
The
question being on the adoption of the resolution,
The
resolution was adopted.
Third Reading of Bills
House Bill No. 4468, entitled
A bill to amend 1976 PA 442, entitled Freedom of information act,
by amending section 5 (MCL 15.235), as amended by 2018 PA 105.
Was read a third time and passed, a majority
of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 232 Yeas 107
Afendoulis Frederick Kennedy Rendon
Albert Garrett Koleszar Robinson
Alexander Garza Kuppa Sabo
Allor Gay-Dagnogo LaFave Schroeder
Anthony Glenn LaGrand Shannon
Bellino Green Lasinski Sheppard
Berman Greig Leutheuser Slagh
Bolden Griffin Liberati Sneller
Bollin Guerra Lightner Sowerby
Brann Haadsma Lilly Stone
Brixie Hall Love Tate
Byrd Hammoud Lower VanSingel
Calley Hauck Maddock VanWoerkom
Cambensy Hernandez Manoogian Vaupel
Camilleri Hertel Marino Wakeman
Carter, T. Hoadley Markkanen Warren
Chatfield Hoitenga Meerman Webber
Cherry Hood Miller Wendzel
Chirkun Hope Mueller Wentworth
Clemente Hornberger Neeley Whiteford
Cole Howell O Malley Whitsett
Coleman Huizenga Pagan Wittenberg
Crawford Iden Paquette Witwer
Eisen Johnson,
C. Peterson Wozniak
Elder Johnson,
S. Pohutsky Yancey
Ellison Jones Rabhi Yaroch
Filler Kahle Reilly
Nays 1
Farrington
In The
Chair: Lilly
The House agreed to the title of the bill.
Rep.
Cole moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
______
The
Speaker Pro Tempore assumed the Chair.
House Bill No. 4406, entitled
A bill to amend 2008 PA 525, entitled Fostering
futures scholarship trust fund act, by amending section 7b (MCL 722.1027b), as added by 2014 PA 530.
Was read a third time and passed, a majority
of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 233 Yeas 104
Afendoulis Frederick Kahle Reilly
Albert Garrett Kennedy Rendon
Alexander Garza Koleszar Robinson
Allor Gay-Dagnogo Kuppa Sabo
Anthony Glenn LaFave Schroeder
Bellino Green LaGrand Shannon
Berman Greig Lasinski Sheppard
Bolden Griffin Leutheuser Slagh
Bollin Guerra Liberati Sneller
Brann Haadsma Lightner Sowerby
Brixie Hall Lilly Tate
Byrd Hammoud Lower VanSingel
Calley Hauck Maddock VanWoerkom
Cambensy Hernandez Manoogian Vaupel
Camilleri Hertel Marino Wakeman
Carter, T. Hoadley Markkanen Warren
Chatfield Hoitenga Meerman Webber
Cherry Hood Miller Wendzel
Clemente Hope Mueller Wentworth
Cole Hornberger Neeley Whiteford
Coleman Howell O Malley Whitsett
Crawford Huizenga Pagan Wittenberg
Eisen Iden Paquette Witwer
Ellison Johnson,
C. Peterson Wozniak
Farrington Johnson,
S. Pohutsky Yancey
Filler Jones Rabhi Yaroch
Nays 4
Chirkun Elder Love Stone
In The
Chair: Wentworth
The
House agreed to the title of the bill.
Rep.
Cole moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Senate
Bill No. 228, entitled
A bill to create a suicide prevention commission within the legislative
council and to prescribe its powers and duties; and to prescribe the powers and
duties of certain state officers and entities.
The
bill was read a third time.
The
question being on the passage of the bill,
Rep. Vaupel moved to substitute (H-3) the bill.
The
question being on the passage of the bill,
The bill was then passed, a majority of the members serving voting
therefor, by yeas and nays, as follows:
Roll Call No. 234 Yeas 98
Afendoulis Farrington Kennedy Robinson
Albert Filler Koleszar Sabo
Alexander Frederick Kuppa Schroeder
Anthony Garrett LaGrand Shannon
Bellino Garza Lasinski Sheppard
Berman Gay-Dagnogo Leutheuser Sneller
Bolden Green Liberati Sowerby
Bollin Greig Lightner Stone
Brann Griffin Lilly Tate
Brixie Guerra Love VanSingel
Byrd Haadsma Lower VanWoerkom
Calley Hall Manoogian Vaupel
Cambensy Hammoud Marino Wakeman
Camilleri Hauck Markkanen Warren
Carter, T. Hernandez Miller Webber
Chatfield Hertel Mueller Wendzel
Cherry Hoadley Neeley Wentworth
Chirkun Hood O Malley Whiteford
Clemente Hope Pagan Whitsett
Cole Howell Paquette Wittenberg
Coleman Huizenga Peterson Witwer
Crawford Iden Pohutsky Wozniak
Eisen Johnson,
C. Rabhi Yancey
Elder Jones Rendon Yaroch
Ellison Kahle
Nays 10
Allor Hornberger Maddock Reilly
Glenn Johnson,
S. Meerman Slagh
Hoitenga LaFave
In The
Chair: Wentworth
The
question being on agreeing to the title of the bill,
Rep. Cole moved to amend the title to read as follows:
A bill
to create a suicide prevention commission within the department of health and
human services and to prescribe its powers and duties; and to prescribe the
powers and duties of certain state officers and entities.
The motion prevailed.
The House agreed to the title as amended.
Rep.
Cole moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
By
unanimous consent the House returned to the order of
Reports
of Select Committees
A bill to make appropriations for
the department of health and human services for the fiscal year ending
September 30, 2020; and to provide for the expenditure of the appropriations.
The Senate has adopted the report
of the Committee of Conference and ordered that the bill be given immediate
effect.
The Conference Report was read as
follows:
First Conference Report
The Committee of Conference on the
matters of difference between the two Houses concerning
Senate
Bill No. 139, entitled
A bill to make appropriations for
the department of health and human services for the fiscal year ending
September 30, 2020; and to provide for the expenditure of the appropriations.
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:
A bill to make appropriations for
the department of health and human services for the fiscal year ending
September 30, 2020; and to provide for the expenditure of the appropriations.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
PART 1
LINE-ITEM APPROPRIATIONS
Sec. 101. There is appropriated
for the department of health and human services for the fiscal year ending
September 30, 2020, from the following funds:
DEPARTMENT OF HEALTH AND HUMAN SERVICES
APPROPRIATION SUMMARY
Full-time equated unclassified
positions......................................................... 6.0
Full-time equated classified
positions.................................................... 16,005.0
Average population................................................................................. 770.0
GROSS APPROPRIATION............................................................................... $ 26,452,349,600
Interdepartmental grant revenues:
Total interdepartmental grants and
intradepartmental transfers................................ 13,857,600
ADJUSTED GROSS APPROPRIATION............................................................ $ 26,438,492,000
Federal revenues:
Social security act, temporary
assistance for needy families.................................... 557,217,500
Capped federal revenues..................................................................................... 573,830,400
Total other federal revenues................................................................................ 17,262,613,500
Special revenue funds:
Total local revenues........................................................................................... 151,546,000
Total private revenues........................................................................................ 143,535,100
Michigan merit award trust fund.......................................................................... 49,768,700
Total other state restricted
revenues..................................................................... 2,941,052,500
State general fund/general purpose...................................................................... $ 4,758,928,300
Sec. 102. DEPARTMENTAL
ADMINISTRATION AND SUPPORT
Full-time equated unclassified
positions......................................................... 6.0
Full-time equated classified
positions........................................................ 829.6
Unclassified salaries 6.0 FTE
positions.............................................................. $ 1,223,600
Administrative hearings officers.......................................................................... 11,157,000
Demonstration projects 7.0 FTE
positions.......................................................... 7,358,400
Departmental administration and
management 601.6 FTE positions..................... 95,382,700
Michigan community service
commission 14.0 FTE positions............................. 10,682,400
Office of inspector general 207.0
FTE positions................................................. 25,961,600
Property management........................................................................................ 68,243,100
Terminal leave payments.................................................................................... 7,302,700
Worker s compensation...................................................................................... 6,674,900
GROSS APPROPRIATION............................................................................... $ 233,986,400
Appropriated from:
Interdepartmental grant revenues:
IDG from department of education...................................................................... 1,943,300
IDG from department of technology,
management, and budget - office of
retirement services........................................................................................... 600
Federal revenues:
Social security act, temporary
assistance for needy families.................................... 22,972,900
[Please see the PDF version of this journal, if available, to view this image.]
Capped federal revenues..................................................................................... 31,019,200
Total other federal revenues................................................................................ 70,748,600
Special revenue funds:
Total local revenues........................................................................................... 86,000
Total private revenues........................................................................................ 3,887,300
Total other state restricted
revenues..................................................................... 1,270,100
State general fund/general purpose...................................................................... $ 102,058,400
Sec. 103. CHILD SUPPORT
ENFORCEMENT
Full-time equated classified
positions........................................................ 185.7
Child support enforcement
operations 179.7 FTE positions................................. $ 22,909,500
Child support incentive payments........................................................................ 24,409,600
Legal support contracts...................................................................................... 113,027,100
State disbursement unit 6.0 FTE
positions......................................................... 8,148,600
GROSS APPROPRIATION............................................................................... $ 168,494,800
Appropriated from:
Federal revenues:
Total other federal revenues................................................................................ 142,584,500
State general fund/general purpose...................................................................... $ 25,910,300
Sec. 104. COMMUNITY SERVICES AND
OUTREACH
Full-time equated classified
positions.......................................................... 65.6
Bureau of community services and outreach 20.0
FTE positions.......................... $ 3,439,300
Child advocacy centers 0.5 FTE
position........................................................... 2,407,000
Community services and outreach
administration 12.0 FTE positions................... 1,672,200
Community services block grant......................................................................... 25,840,000
Crime victim grants administration
services 17.0 FTE positions........................... 2,236,000
Crime victim justice assistance
grants.................................................................. 99,279,300
Crime victim rights services
grants...................................................................... 18,870,000
Domestic violence prevention and
treatment 15.6 FTE positions.......................... 17,915,700
Homeless programs........................................................................................... 22,632,700
Housing and support services.............................................................................. 13,031,000
Rape prevention and services 0.5
FTE position.................................................. 5,097,300
School success partnership program..................................................................... 525,000
Uniform statewide sexual assault
evidence kit tracking system............................... 800,000
Weatherization assistance................................................................................... 15,505,000
GROSS APPROPRIATION............................................................................... $ 229,250,500
Appropriated from:
Federal revenues:
Social security act, temporary
assistance for needy families.................................... 13,264,800
Capped federal revenues..................................................................................... 58,883,000
Total other federal revenues................................................................................ 115,569,800
Special revenue funds:
Compulsive gambling prevention
fund................................................................. 1,040,500
Sexual assault evidence tracking
fund.................................................................. 800,000
Sexual assault victims prevention
and treatment fund........................................... 3,000,000
Child advocacy centers fund............................................................................... 1,407,000
Crime victim s rights fund.................................................................................. 17,690,600
State general fund/general purpose...................................................................... $ 17,594,800
Sec. 105. CHILDREN S SERVICES
AGENCY CHILD WELFARE
Full-time equated classified
positions...................................................... 4,047.2
Adoption subsidies............................................................................................ $ 197,521,700
Adoption support services 10.0 FTE
positions.................................................... 34,688,800
Attorney general contract................................................................................... 5,001,100
Child abuse and neglect - children s
justice act 1.0 FTE position.......................... 626,400
Child care fund.................................................................................................. 228,211,300
Child care fund - indirect cost
allotment............................................................... 4,211,400
Child protection................................................................................................. 800,300
Child welfare administration
travel...................................................................... 375,000
[Please see the PDF version of this journal, if available, to view this image.]
Child
welfare field staff - noncaseload compliance 353.0 FTE positions............... 39,335,100
Child welfare institute 51.0 FTE
positions......................................................... 9,315,000
Child welfare licensing 59.0 FTE
positions........................................................ 7,120,300
Child welfare medical/psychiatric
evaluations....................................................... 9,835,500
Children s protective services -
caseload staff 1,615.0 FTE positions.................... 162,849,600
Children s protective services
supervisors 387.0 FTE positions............................ 45,708,900
Children s services administration 188.2
FTE positions....................................... 19,812,900
Children s trust fund
administration 12.0 FTE positions...................................... 590,700
Children s trust fund grants................................................................................. 3,577,200
Contractual services, supplies,
and materials......................................................... 10,155,600
Court-appointed special advocates....................................................................... 500,000
Education planners 15.0 FTE
positions.............................................................. 1,579,200
Family preservation and prevention
services administration 9.0 FTE positions....... 1,342,900
Family preservation programs 15.0
FTE positions.............................................. 45,994,700
Foster care payments.......................................................................................... 261,677,800
Foster care services - caseload
staff 966.0 FTE positions..................................... 93,195,800
Foster care services supervisors 227.0
FTE positions.......................................... 29,535,000
Guardianship assistance program......................................................................... 10,411,200
Interstate compact.............................................................................................. 179,600
Peer coaches 45.5 FTE positions....................................................................... 5,922,300
Performance based funding
implementation 3.0 FTE positions............................. 1,454,500
Permanency resource managers 28.0
FTE positions............................................ 3,317,600
Prosecuting attorney contracts............................................................................. 3,879,500
Second line supervisors and
technical staff 54.0 FTE positions............................ 9,184,800
Settlement monitor............................................................................................ 2,034,100
Strong families/safe children............................................................................... 12,600,000
Title IV-E compliance and
accountability office 4.0 FTE positions....................... 435,700
Youth in transition 4.5 FTE positions................................................................ 15,545,100
GROSS APPROPRIATION............................................................................... $ 1,278,526,600
Appropriated from:
Interdepartmental grant revenues:
IDG from department of education...................................................................... 90,300
Federal revenues:
Social security act, temporary
assistance for needy families.................................... 347,382,100
Capped federal revenues..................................................................................... 113,096,100
Total other federal revenues................................................................................ 252,530,500
Special revenue funds:
Private - collections........................................................................................... 1,770,700
Local funds - county chargeback......................................................................... 40,914,500
Children s trust fund.......................................................................................... 2,897,300
State general fund/general purpose...................................................................... $ 519,845,100
Sec. 106. CHILDREN S SERVICES
AGENCY JUVENILE JUSTICE
Full-time equated classified
positions........................................................ 120.5
Bay Pines Center 47.0 FTE
positions................................................................ $ 5,502,800
Committee on juvenile justice
administration 2.5 FTE positions........................... 356,300
Committee on juvenile justice
grants................................................................... 3,000,000
Community support services 3.0 FTE
positions.................................................. 2,129,400
County juvenile officers..................................................................................... 3,904,300
Juvenile justice, administration
and maintenance 21.0 FTE positions.................... 2,817,900
Shawono Center 47.0 FTE positions................................................................. 5,566,800
GROSS APPROPRIATION............................................................................... $ 23,277,500
Appropriated from:
Federal revenues:
Capped federal revenues..................................................................................... 8,556,700
Special revenue funds:
Local funds - state share
education funds.............................................................. 1,355,700
Local funds - county chargeback......................................................................... 4,698,000
State general fund/general purpose...................................................................... $ 8,667,100
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Sec. 107. PUBLIC ASSISTANCE
Full-time equated classified
positions............................................................ 3.0
Emergency services local office
allocations.......................................................... $ 9,007,500
Family independence program............................................................................ 67,503,700
Food assistance program benefits........................................................................ 1,760,805,700
Food Bank Council of Michigan......................................................................... 2,045,000
Indigent burial................................................................................................... 3,875,000
Low-income home energy assistance
program...................................................... 174,951,600
Michigan energy assistance program 1.0
FTE position........................................ 50,000,000
Multicultural integration funding......................................................................... 15,303,800
Refugee assistance program 2.0 FTE
positions................................................... 3,050,400
State disability assistance
payments..................................................................... 6,671,500
State supplementation........................................................................................ 58,792,500
State supplementation
administration................................................................... 1,806,100
GROSS APPROPRIATION............................................................................... $ 2,153,812,800
Appropriated from:
Federal revenues:
Social security act, temporary
assistance for needy families.................................... 59,127,700
Capped federal revenues..................................................................................... 178,186,500
Total other federal revenues................................................................................ 1,756,605,700
Special revenue funds:
Child support collections.................................................................................... 11,250,200
Supplemental security income
recoveries............................................................. 4,142,700
Public assistance recoupment
revenue.................................................................. 5,000,000
Low-income energy assistance fund.................................................................... 50,000,000
State general fund/general purpose...................................................................... $ 89,500,000
Sec. 108. FIELD OPERATIONS AND
SUPPORT SERVICES
Full-time equated classified
positions...................................................... 5,814.5
Administrative support workers 221.0
FTE positions.......................................... $ 13,397,000
Adult services field staff 520.0
FTE positions.................................................... 58,058,800
Contractual services, supplies,
and materials......................................................... 16,927,600
Donated funds positions 238.0 FTE
positions..................................................... 27,558,000
Elder Law of Michigan MiCAFE
contract............................................................ 350,000
Electronic benefit transfer (EBT)......................................................................... 6,809,000
Employment and training support
services............................................................ 4,219,100
Field policy and administration 66.0
FTE positions............................................. 11,464,100
Field staff travel................................................................................................ 8,111,400
Medical/psychiatric evaluations.......................................................................... 1,420,100
Nutrition education 2.0 FTE
positions............................................................... 33,050,400
Pathways to potential 231.0 FTE
positions......................................................... 24,417,400
Public assistance field staff 4,516.5
FTE positions.............................................. 474,868,200
SSI advocacy legal services grant........................................................................ 175,000
Training and program support 20.0
FTE positions.............................................. 2,516,600
GROSS APPROPRIATION............................................................................... $ 683,342,700
Appropriated from:
Interdepartmental grant revenues:
IDG from department of corrections.................................................................... 121,500
IDG from department of education...................................................................... 7,873,100
Federal revenues:
Social security act, temporary
assistance for needy families.................................... 73,765,600
Capped federal revenues..................................................................................... 55,013,900
Total other federal revenues................................................................................ 264,635,900
Special revenue funds:
Local funds - donated funds................................................................................ 4,102,000
Private funds - donated funds.............................................................................. 9,395,600
State general fund/general purpose...................................................................... $ 268,435,100
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Sec.
109. DISABILITY DETERMINATION SERVICES
Full-time equated classified
positions........................................................ 575.4
Disability determination
operations 571.3 FTE positions..................................... $ 112,880,800
Retirement disability
determination 4.1 FTE positions........................................ 623,300
GROSS APPROPRIATION............................................................................... $ 113,504,100
Appropriated from:
Interdepartmental grant revenues:
IDG from department of technology,
management, and budget - office of
retirement services........................................................................................... 799,900
Federal revenues:
Total other federal revenues................................................................................ 108,388,000
State general fund/general purpose...................................................................... $ 4,316,200
Sec. 110. BEHAVIORAL HEALTH
PROGRAM ADMINISTRATION
AND SPECIAL PROJECTS
Full-time equated classified
positions........................................................ 108.0
Behavioral health program
administration 86.0 FTE positions.............................. $ 49,886,700
Court-ordered assisted outpatient
treatment.......................................................... 1,000,000
Family support subsidy...................................................................................... 14,137,300
Federal and other special projects........................................................................ 2,535,600
Gambling addiction 1.0 FTE
position................................................................ 4,511,000
Mental health diversion council........................................................................... 4,350,000
Office of recipient rights 21.0
FTE positions...................................................... 2,604,700
Protection and advocacy services
support............................................................. 194,400
GROSS APPROPRIATION............................................................................... $ 79,219,700
Appropriated from:
Federal revenues:
Social security act, temporary
assistance for needy families.................................... 14,317,800
Total other federal revenues................................................................................ 38,998,700
Special revenue funds:
Total private revenues........................................................................................ 1,004,700
Total other state restricted
revenues..................................................................... 4,511,000
State general fund/general purpose...................................................................... $ 20,387,500
Sec. 111. BEHAVIORAL HEALTH
SERVICES
Full-time equated classified
positions.......................................................... 11.0
Autism services................................................................................................. $ 230,679,600
Behavioral health community
supports and services.............................................. 11,221,500
Children with serious emotional
disturbance waiver.............................................. 8,600,000
Children s waiver home care
program.................................................................. 18,330,800
Civil service charges.......................................................................................... 249,300
Community mental health
non-Medicaid services.................................................. 125,578,200
Community substance use disorder
prevention, education, and treatment................. 108,754,700
Court-appointed guardian
reimbursements............................................................ 2,700,000
Federal mental health block grant 4.0
FTE positions........................................... 20,573,800
Health homes.................................................................................................... 3,369,000
Healthy Michigan plan - behavioral
health........................................................... 371,843,300
Medicaid mental health services.......................................................................... 2,487,345,800
Medicaid substance use disorder
services............................................................. 68,281,100
Nursing home PAS/ARR-OBRA 7.0 FTE
positions............................................ 12,291,300
GROSS APPROPRIATION............................................................................... $ 3,469,818,400
Appropriated from:
Federal revenues:
Total other federal revenues................................................................................ 2,284,772,600
Special revenue funds:
Total local revenues........................................................................................... 20,380,700
Total other state restricted
revenues..................................................................... 43,593,100
State general fund/general purpose...................................................................... $ 1,121,072,000
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Sec.
112. STATE PSYCHIATRIC HOSPITALS AND FORENSIC MENTAL
HEALTH SERVICES
Total average population.......................................................................... 770.0
Full-time equated classified
positions...................................................... 2,390.6
Behavioral health facility
contingency................................................................. $ 20,000,000
Caro Regional Mental Health Center
- psychiatric hospital - adult - or regional
mental health center located
within 6 miles of the county seat of a county with a
population between 55,000 and
57,000 in the 2010 decennial census 542. 3 FTE
positions.......................................................................................................... 63,020,400
Average population................................................................................. 145.0
Center for forensic psychiatry 608.1
FTE positions............................................. 87,262,300
Average population................................................................................. 240.0
Developmental disabilities council
and projects 10.0 FTE positions...................... 3,108,100
Gifts and bequests for patient
living and treatment environment.............................. 1,000,000
Hawthorn Center - psychiatric
hospital - children and adolescents 276.0 FTE
positions.......................................................................................................... 32,617,800
Average population................................................................................... 55.0
IDEA, federal special education.......................................................................... 120,000
Kalamazoo Psychiatric Hospital -
adult 548.8 FTE positions............................... 71,128,700
Average population................................................................................. 170.0
Purchase of medical services for
residents of hospitals and centers.......................... 445,600
Revenue recapture............................................................................................. 750,100
Special maintenance.......................................................................................... 924,600
Walter P. Reuther Psychiatric
Hospital - adult 405.4 FTE positions...................... 48,375,800
Average population................................................................................. 160.0
GROSS APPROPRIATION............................................................................... $ 328,753,400
Appropriated from:
Federal revenues:
Total other federal revenues................................................................................ 43,434,400
Special revenue funds:
Total local revenues........................................................................................... 23,106,200
Total private revenues........................................................................................ 1,000,000
Total other state restricted
revenues..................................................................... 15,092,700
State general fund/general purpose...................................................................... $ 246,120,100
Sec. 113. HEALTH AND HUMAN
SERVICES POLICY AND INITIATIVES
Full-time equated classified
positions........................................................ 609.7
Certificate of need program
administration 11.8 FTE positions............................ $ 2,770,900
Health policy administration 33.9
FTE positions................................................ 14,217,200
Human trafficking intervention
services............................................................... 200,000
Independent living............................................................................................. 15,531,600
Michigan essential health provider....................................................................... 4,384,200
Michigan rehabilitation services 555.0
FTE positions.......................................... 131,109,200
Minority health grants and
contracts 3.0 FTE positions....................................... 1,127,900
Nurse education and research
program 3.0 FTE positions.................................... 798,900
Primary care services 2.0 FTE
positions............................................................ 3,781,000
Rural health services 1.0 FTE
position.............................................................. 1,555,500
GROSS APPROPRIATION............................................................................... $ 175,476,400
Appropriated from:
Interdepartmental grant revenues:
IDG from department of education...................................................................... 2,400
IDG from department of licensing
and regulatory affairs........................................ 837,200
IDG from department of treasury,
Michigan finance authority................................ 117,700
Federal revenues:
Social security act, temporary
assistance for needy families.................................... 332,100
Capped federal revenues..................................................................................... 104,163,600
Federal supplemental security
income.................................................................. 8,588,600
Total other federal revenues................................................................................ 16,176,400
[Please see the PDF version of this journal, if available, to view this image.]
Special revenue funds:
Total local revenues........................................................................................... 5,300,000
Total private revenues........................................................................................ 1,396,500
Total other state restricted
revenues..................................................................... 3,143,000
State general fund/general purpose...................................................................... $ 35,418,900
Sec. 114. LABORATORY SERVICES
Full-time equated classified
positions........................................................ 102.0
Laboratory services 102.0 FTE
positions........................................................... $ 23,642,100
GROSS APPROPRIATION............................................................................... $ 23,642,100
Appropriated from:
Interdepartmental grant revenues:
IDG from department of
environment, Great Lakes, and energy.............................. 1,004,600
Federal revenues:
Total other federal revenues................................................................................ 4,338,600
Special revenue funds:
Total other state restricted
revenues..................................................................... 12,147,200
State general fund/general purpose...................................................................... $ 6,151,700
Sec. 115. EPIDEMIOLOGY AND
POPULATION HEALTH
Full-time equated classified
positions........................................................ 242.5
Childhood lead program 4.5 FTE
positions........................................................ $ 2,062,200
Epidemiology administration 86.1
FTE positions................................................ 25,826,600
Healthy homes program 12.0 FTE positions....................................................... 27,768,000
Newborn screening follow-up and
treatment services 10.5 FTE positions.............. 7,825,900
PFAS and environmental
contamination response 48.0 FTE positions................... 21,633,700
Vital records and health
statistics 81.4 FTE positions.......................................... 10,439,500
GROSS APPROPRIATION............................................................................... $ 95,555,900
Appropriated from:
Federal revenues:
Capped federal revenues..................................................................................... 81,100
Total other federal revenues................................................................................ 41,423,800
Special revenue funds:
Total private revenues........................................................................................ 347,000
Total other state restricted
revenues..................................................................... 14,529,500
State general fund/general purpose...................................................................... $ 39,174,500
Sec. 116. LOCAL HEALTH AND
ADMINISTRATIVE SERVICES
Full-time equated classified
positions........................................................ 137.3
AIDS prevention, testing, and care
programs 37.7 FTE positions......................... $ 63,752,200
Cancer prevention and control
program 16.0 FTE positions................................. 15,632,300
Chronic disease control and health
promotion administration 23.4 FTE positions... 10,617,300
Diabetes and kidney program 8.0
FTE positions................................................. 4,078,100
Essential local public health
services................................................................... 51,419,300
Implementation of 1993 PA 133,
MCL 333.17015................................................ 20,000
Injury control intervention
project....................................................................... 1,500,000
Local health services 3.3 FTE
positions............................................................. 7,209,100
Medicaid outreach cost
reimbursement to local health departments......................... 12,500,000
Public health administration 9.0
FTE positions................................................... 1,998,200
Sexually transmitted disease
control program 20.0 FTE positions......................... 6,376,500
Smoking prevention program 15.0
FTE positions............................................... 3,818,000
Violence prevention 4.9 FTE
positions.............................................................. 3,315,800
GROSS APPROPRIATION............................................................................... $ 182,236,800
Appropriated from:
Federal revenues:
Total other federal revenues................................................................................ 73,049,200
Special revenue funds:
Total local revenues........................................................................................... 5,150,000
Total private revenues........................................................................................ 33,789,800
Total other state restricted
revenues..................................................................... 9,919,500
State general fund/general purpose...................................................................... $ 60,328,300
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Sec.
117. FAMILY HEALTH SERVICES
Full-time equated classified
positions........................................................ 133.6
Dental programs 3.8 FTE positions................................................................... $ 5,479,900
Family, maternal, and child health
administration 55.0 FTE positions................... 9,738,300
Family planning local agreements....................................................................... 8,310,700
Immunization program 15.8 FTE
positions........................................................ 19,046,200
Local MCH services.......................................................................................... 7,018,100
Pregnancy prevention program............................................................................ 1,464,600
Prenatal care and premature birth
avoidance grant................................................. 1,000,000
Prenatal care outreach and service
delivery support 14.0 FTE positions................ 21,078,300
Special projects................................................................................................. 6,289,100
Sudden and unexpected infant death
and suffocation prevention program................ 321,300
Women, infants, and children
program administration and special projects
45.0 FTE positions........................................................................................... 18,186,600
Women, infants, and children
program local agreements and food costs.................. 231,285,000
GROSS APPROPRIATION............................................................................... $ 329,218,100
Appropriated
from:
Federal revenues:
Social security act, temporary
assistance for needy families.................................... 700,000
Total other federal revenues................................................................................ 243,388,500
Special revenue funds:
Total local revenues........................................................................................... 75,000
Total private revenues........................................................................................ 62,202,400
Total other state restricted
revenues..................................................................... 4,053,900
State general fund/general purpose...................................................................... $ 18,798,300
Sec. 118. EMERGENCY MEDICAL
SERVICES, TRAUMA, AND
PREPAREDNESS
Full-time equated classified
positions.......................................................... 76.0
Bioterrorism preparedness 53.0 FTE
positions................................................... $ 30,522,900
Emergency medical services program 23.0
FTE positions................................... 6,594,100
GROSS APPROPRIATION............................................................................... $ 37,117,000
Appropriated from:
Federal revenues:
Total other federal revenues................................................................................ 31,532,200
Special revenue funds:
Total other state restricted
revenues..................................................................... 4,004,900
State general fund/general purpose...................................................................... $ 1,579,900
Sec. 119. CHILDREN S SPECIAL
HEALTH CARE SERVICES
Full-time equated classified
positions.......................................................... 46.8
Bequests for care and services 2.8
FTE positions................................................ $ 1,841,400
Children s special health care
services administration 44.0 FTE positions............. 6,173,400
Medical care and treatment................................................................................. 236,348,100
Nonemergency medical
transportation................................................................. 405,900
Outreach and advocacy...................................................................................... 5,510,000
GROSS APPROPRIATION............................................................................... $ 250,278,800
Appropriated from:
Federal revenues:
Total other federal revenues................................................................................ 134,955,400
Special revenue funds:
Total private revenues........................................................................................ 1,019,800
Total other state restricted
revenues..................................................................... 3,683,400
State general fund/general purpose...................................................................... $ 110,620,200
Sec. 120. AGING AND ADULT SERVICES
AGENCY
Full-time equated classified
positions.......................................................... 47.0
Aging and adult services
administration 47.0 FTE positions................................ $ 8,727,600
Community services.......................................................................................... 45,966,300
Employment assistance...................................................................................... 3,500,000
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Nutrition services.............................................................................................. 42,254,200
Respite care program......................................................................................... 6,468,700
Senior volunteer service programs....................................................................... 4,765,300
GROSS APPROPRIATION............................................................................... $ 111,682,100
Appropriated from:
Federal revenues:
Capped federal revenues..................................................................................... 249,700
Total other federal revenues................................................................................ 59,094,200
Special revenue funds:
Total private revenues........................................................................................ 520,000
Michigan merit award trust fund.......................................................................... 4,068,700
Total other state restricted
revenues..................................................................... 2,000,000
State general fund/general purpose...................................................................... $ 45,749,500
Sec. 121. MEDICAL SERVICES
ADMINISTRATION
Full-time equated classified
positions........................................................ 406.0
Electronic health record incentive
program........................................................... $ 37,501,000
Healthy Michigan plan
administration 36.0 FTE positions................................... 45,654,100
Medical services administration 370.0
FTE positions.......................................... 79,621,500
GROSS APPROPRIATION............................................................................... $ 162,776,600
Appropriated from:
Federal revenues:
Total other federal revenues................................................................................ 118,936,900
Special revenue funds:
Total local revenues........................................................................................... 37,700
Total private revenues........................................................................................ 101,300
Total other state restricted
revenues..................................................................... 336,300
State general fund/general purpose...................................................................... $ 43,364,400
Sec. 122. MEDICAL SERVICES
Adult home help services................................................................................... $ 392,268,400
Ambulance services........................................................................................... 10,790,100
Auxiliary medical services.................................................................................. 7,815,800
Dental clinic program......................................................................................... 1,000,000
Dental services.................................................................................................. 337,962,100
Federal Medicare pharmaceutical
program........................................................... 294,513,900
Health plan services........................................................................................... 5,444,321,400
Healthy Michigan plan....................................................................................... 3,777,862,100
Home health services......................................................................................... 5,722,800
Hospice services................................................................................................ 156,207,600
Hospital disproportionate share
payments............................................................. 45,000,000
Hospital services and therapy.............................................................................. 804,829,900
Integrated care organizations.............................................................................. 276,837,700
Long-term care services..................................................................................... 2,038,990,500
Maternal and child health................................................................................... 32,279,600
Medicaid home- and community-based
services waiver......................................... 390,620,400
Medicare premium payments.............................................................................. 627,602,400
Personal care services........................................................................................ 8,472,900
Pharmaceutical services..................................................................................... 292,982,600
Physician services.............................................................................................. 212,852,600
Program of all-inclusive care for
the elderly......................................................... 129,353,900
School-based services........................................................................................ 131,140,000
Special Medicaid reimbursement......................................................................... 342,739,100
Transportation................................................................................................... 18,686,800
GROSS APPROPRIATION............................................................................... $ 15,780,852,600
Appropriated from:
Federal revenues:
Total other federal revenues................................................................................ 11,130,120,600
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Special revenue funds:
Total local revenues........................................................................................... 46,340,200
Total private revenues........................................................................................ 2,100,000
Michigan merit award trust fund.......................................................................... 45,700,000
Total other state restricted
revenues..................................................................... 2,722,539,800
State general fund/general purpose...................................................................... $ 1,834,052,000
Sec. 123. INFORMATION TECHNOLOGY
Full-time equated classified
positions.......................................................... 43.0
Bridges information system................................................................................ $ 3,726,100
Child support automation................................................................................... 11,106,500
Information technology contingency.................................................................... 344,023,800
Information technology services
and projects........................................................ 49,763,300
Michigan Medicaid information
system............................................................... 26,071,900
Michigan statewide automated child
welfare information system............................ 5,623,900
State child welfare information
system................................................................. 100
Technology supporting integrated
service delivery 43.0 FTE positions................. 18,383,300
GROSS APPROPRIATION............................................................................... $ 458,698,900
Appropriated from:
Interdepartmental grant revenues:
IDG from department of education...................................................................... 1,067,000
Federal revenues:
Social security act, temporary
assistance for needy families.................................... 24,854,500
Capped federal revenues..................................................................................... 24,580,600
Total other federal revenues................................................................................ 286,429,800
Special revenue funds:
Total private revenues........................................................................................ 25,000,000
Total other state restricted
revenues..................................................................... 1,999,800
State general fund/general purpose...................................................................... $ 94,767,200
Sec. 124. ONE-TIME APPROPRIATIONS
Full-time equated classified
positions.......................................................... 10.0
Asian American health care and
wellness initiative................................................ $ 150,000
Autism navigator............................................................................................... 1,025,000
Autism train the trainer grant.............................................................................. 100,000
Cercarial dermatitis prevention
program............................................................... 250,000
Child and adolescent health
centers..................................................................... 1,000,000
Children s behavioral health
counseling services................................................... 100,000
Co-responder crisis services pilot........................................................................ 60,000
Dental clinic program......................................................................................... 1,000,000
Drinking water declaration of
emergency............................................................. 4,621,100
Employment first............................................................................................... 500,000
Food delivery.................................................................................................... 470,000
Healthy communities grant................................................................................. 300,000
Healthy seniors grant......................................................................................... 1,000,000
Homelessness elimination blueprint..................................................................... 250,000
Hospital behavioral health pilot
program 10.0 FTE positions............................... 4,000,000
Human trafficking survivors
assistance............................................................... 1,000,000
Juvenile justice property projects......................................................................... 300,000
Kids food basket.............................................................................................. 250,000
Lead exposure response and
abatement................................................................ 3,434,500
Legal assistance................................................................................................. 60,000
Multicultural integration funding......................................................................... 1,981,100
One-time information technology
contingency...................................................... 35,250,000
One-time information technology
services and projects.......................................... 11,750,000
Opioid transitional housing and
services grant...................................................... 750,000
Primary care and dental health
services................................................................ 150,000
Project ECHO opioid intervention....................................................................... 40,000
Property management projects............................................................................ 2,460,700
[Please see the PDF version of this journal, if available, to view this image.]
Refugee assistance grant..................................................................................... 175,000
Runaway and homeless youth
services program.................................................... 800,000
Senior citizen center program
grants.................................................................... 500,000
Senior community services................................................................................. 400,000
Sexual assault comprehensive
services grants....................................................... 2,000,000
State innovation model
continuation.................................................................... 3,000,000
Statewide health information
exchange projects.................................................... 1,500,000
Substance abuse community and
school outreach.................................................. 100,000
Unified clinics resiliency center
for families and children....................................... 1,500,000
Wrap-around services........................................................................................ 600,000
GROSS APPROPRIATION............................................................................... $ 82,827,400
Appropriated from:
Federal revenues:
Social security act, temporary
assistance for needy families.................................... 500,000
Total other federal revenues................................................................................ 36,310,600
Special revenue funds:
Total other state restricted
revenues..................................................................... 1,000,000
State general fund/general purpose...................................................................... $ 45,016,800
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
FOR FISCAL YEAR 2019-2020
GENERAL SECTIONS
Sec. 201. Pursuant to section 30
of article IX of the state constitution of 1963, total state spending from
state sources under part 1 for fiscal year 2019-2020 is $7,749,749,500.00 and
state spending from state sources to be paid to local units of government for
fiscal year 2019-2020 is $1,567,136,600.00. The itemized statement below
identifies appropriations from which spending to local units of government will
occur:
DEPARTMENT OF HEALTH AND HUMAN SERVICES
DEPARTMENTAL ADMINISTRATION AND SUPPORT
Departmental administration and
management..................................................... $ 344,000
Michigan community service
commission........................................................... 2,300
CHILD SUPPORT ENFORCEMENT
Child support incentive payments....................................................................... 9,465,000
Legal support contracts..................................................................................... 3,511,000
COMMUNITY SERVICES AND OUTREACH
Crime victim rights services
grants..................................................................... 7,796,300
Domestic violence prevention and
treatment....................................................... 164,500
Housing and support services............................................................................ 501,200
CHILDREN S SERVICES AGENCY CHILD WELFARE
Child care fund................................................................................................ 162,024,300
Child care fund - indirect cost
allotment.............................................................. 4,211,400
Child welfare licensing..................................................................................... 76,700
Child welfare medical/psychiatric
evaluations..................................................... 32,700
Children s trust fund grants............................................................................... 150,200
Contractual services, supplies,
and materials....................................................... 5,600
Foster care payments........................................................................................ 2,485,800
Youth in transition............................................................................................ 2,700
CHILDREN S SERVICES AGENCY JUVENILE JUSTICE
Bay Pines Center.............................................................................................. 26,900
Community support services.............................................................................. 412,800
Juvenile justice, administration
and maintenance................................................. 26,500
Shawono Center............................................................................................... 1,300
PUBLIC ASSISTANCE
Emergency services local office
allocations......................................................... 557,800
Family independence program........................................................................... 1,300
Indigent burial................................................................................................. 4,300
Multicultural integration funding....................................................................... 1,193,300
State disability assistance
payments.................................................................... 243,400
FIELD OPERATIONS AND SUPPORT SERVICES
Contractual services, supplies,
and materials....................................................... 46,500
Employment and training support
services.......................................................... 7,600
BEHAVIORAL HEALTH PROGRAM ADMINISTRATION AND
SPECIAL PROJECTS
Behavioral health program
administration........................................................... 4,252,000
BEHAVIORAL HEALTH SERVICES
Autism services................................................................................................ 80,970,600
Children with serious emotional
disturbance waiver............................................. 2,194,000
Children s waiver home care
program................................................................ 5,242,900
Community mental health
non-Medicaid services................................................ 125,578,200
Community substance use disorder
prevention, education, and treatment................ 14,735,900
Health homes................................................................................................... 50,800
Healthy Michigan plan - behavioral
health.......................................................... 34,358,200
Medicaid mental health services......................................................................... 859,638,900
Medicaid substance use disorder
services............................................................ 24,004,600
Nursing home PAS/ARR-OBRA....................................................................... 2,485,800
STATE PSYCHIATRIC HOSPITALS AND FORENSIC MENTAL HEALTH
SERVICES
Caro Regional Mental Health Center
- psychiatric hospital adult or regional
mental health center located
within 6 miles of the county seat of a county with a
population between 55,000 and
57,000 in the 2010 decennial census.................... 182,900
Center for forensic psychiatry............................................................................ 643,600
Hawthorn Center - psychiatric
hospital - children and adolescents......................... 93,600
Kalamazoo Psychiatric Hospital -
adult............................................................... 33,300
Walter P. Reuther Psychiatric
Hospital - adult..................................................... 48,000
HEALTH AND HUMAN SERVICES POLICY AND INITIATIVES
Michigan rehabilitation services......................................................................... 262,600
Primary care services........................................................................................ 88,900
EPIDEMIOLOGY AND POPULATION HEALTH
Epidemiology administration............................................................................. 233,200
Healthy homes program.................................................................................... 99,200
Vital records and health
statistics....................................................................... 5,100
LOCAL HEALTH AND ADMINISTRATIVE SERVICES
AIDS prevention, testing, and care
programs....................................................... 2,323,800
Cancer prevention and control
program.............................................................. 463,000
Chronic disease control and health
promotion administration................................ 2,189,400
Essential local public health
services.................................................................. 46,269,300
Local health services........................................................................................ 3,184,300
Sexually transmitted disease
control program...................................................... 442,700
FAMILY HEALTH SERVICES
Family, maternal, and child health
administration................................................ 52,300
Family planning local agreements...................................................................... 187,700
Immunization program...................................................................................... 1,247,900
Prenatal care outreach and service
delivery support.............................................. 4,134,100
EMERGENCY MEDICAL SERVICES, TRAUMA, AND PREPAREDNESS
Emergency medical services program................................................................. 8,200
CHILDREN S SPECIAL HEALTH CARE SERVICES
Medical care and treatment................................................................................ 368,800
Outreach and advocacy..................................................................................... 2,617,900
AGING AND ADULT SERVICES AGENCY
Aging and adult services
administration.............................................................. 716,400
Community services......................................................................................... 21,589,100
Nutrition services............................................................................................. 12,597,200
Respite care program........................................................................................ 6,375,300
Senior volunteer service programs...................................................................... 1,000,400
MEDICAL SERVICES
Adult home help services.................................................................................. 269,100
Ambulance services.......................................................................................... 441,400
Auxiliary medical services................................................................................ 1,100
Dental services................................................................................................. 1,166,900
Health plan services.......................................................................................... 658,300
Healthy Michigan plan...................................................................................... 463,800
Home health services........................................................................................ 15,500
Hospice services.............................................................................................. 51,900
Hospital disproportionate share
payments........................................................... 9,000
Hospital services and therapy............................................................................ 2,032,000
Long-term care services.................................................................................... 90,155,600
Medicaid home- and
community-based services waiver........................................ 11,666,900
Personal care services....................................................................................... 28,900
Pharmaceutical services.................................................................................... 16,400
Physician services............................................................................................ 3,320,300
Special Medicaid reimbursement....................................................................... 112,900
Transportation................................................................................................. 235,900
ONE-TIME APPROPRIATIONS
Drinking water declaration of
emergency............................................................ 1,460,000
Homelessness elimination
blueprint.................................................................... 250,000
Lead exposure response and
abatement............................................................... 515,200
TOTAL OF PAYMENTS TO LOCAL UNITS
OF GOVERNMENT..................... $ 1,567,136,600
Sec. 202. The appropriations
authorized under this part and part 1 are subject to the management and budget
act, 1984 PA 431,
Sec. 203. As used in this part
and part 1:
(a) AIDS means acquired
immunodeficiency syndrome.
(b) CMHSP means a community
mental health services program as that term is defined in section 100a of
the mental health code, 1974 PA 258, MCL 330.1100a.
(c) CMS means the Centers for
Medicare and Medicaid Services.
(d) Current fiscal year means
the fiscal year ending September 30, 2020.
(e) Department means the
department of health and human services.
(f) Director means the
director of the department.
(g) DSH means disproportionate
share hospital.
(h) EPSDT means early and
periodic screening, diagnosis, and treatment.
(i) Federal poverty level
means the poverty guidelines published annually in the Federal Register by the
United States Department of Health and Human Services under its authority to
revise the poverty line under 42 USC 9902.
(j) FTE means full-time
equated.
(k) GME means graduate medical
education.
(l) Health plan means, at a minimum, an organization that meets
the criteria for delivering the comprehensive package of services under the
department s comprehensive health plan.
(m) HEDIS means healthcare
effectiveness data and information set.
(n) HMO means health
maintenance organization.
(o) IDEA means the individuals
with disabilities education act, 20 USC 1400 to 1482.
(p)
(q) MCH means maternal and
child health.
(r) Medicaid means subchapter
XIX of the social security act, 42 USC 1396 to 1396w-5.
(s) Medicare means subchapter
XVIII of the social security act, 42 USC 1395 to 1395lll.
(t) MiCAFE means Michigan s
coordinated access to food for the elderly.
(u) MIChild means the program
described in section 1670 of this part.
(v) MiSACWIS means Michigan
statewide automated child welfare information system.
(w) PAS/ARR-OBRA means the
preadmission screening and annual resident review required under the omnibus
budget reconciliation act of 1987, section 1919(e)(7) of the social
security act, 42 USC 1396r.
(x) PFAS means perfluoroalkyl
and polyfluoroalkyl substances.
(y) PIHP means an entity designated by the department as a regional
entity or a specialty prepaid inpatient health plan for Medicaid mental
health services, services to individuals with developmental disabilities, and
substance use disorder services. Regional entities are described in section 204b
of the mental health code, 1974 PA 258, MCL 330.1204b. Specialty prepaid
inpatient health plans are described in section 232b of the mental health
code, 1974 PA 258, MCL 330.1232b.
(z) Previous fiscal year means
the fiscal year ending September 30, 2019.
(aa) Quarterly reports means 4
reports shall be submitted to the required recipients by the following dates:
February 1, April 1, July 1, and September 30 of the current fiscal year.
(bb) Semiannual basis means
March 1 and September 30 of the current fiscal year.
(cc) Settlement means the
settlement agreement entered in the case of Dwayne
B. v Snyder, docket no. 2:06-cv-13548 in the United States District
Court for the Eastern District of Michigan.
(dd) SSI means supplemental
security income.
(ee) Temporary assistance for
needy families or TANF or title IV-A means part A of subchapter IV of the
social security act, 42
(ff) Title IV-B means part B
of title IV of the social security act, 42 USC 620 to 629m.
(gg) Title IV-D means part D
of title IV of the social security act, 42
(hh) Title IV-E means part E
of title IV of the social security act, 42
(ii) Title X means subchapter
VIII of the public health service act, 42 USC 300 to 300a-8, which establishes
grants to states for family planning services.
Sec. 204. Unless otherwise
specified, the departments and agencies receiving appropriations in part 1
shall use the internet to fulfill the reporting requirements of this part and
part 1. This requirement shall include transmission of reports via electronic
mail to the recipients identified for each reporting requirement, and it shall
include placement of reports on the internet.
Sec. 205. Funds appropriated in
part 1 shall not be used for the purchase of foreign goods or services, or
both, if competitively priced and of comparable quality American goods or
services, or both, are available. Preference shall be given to goods or
services, or both, manufactured or provided by Michigan businesses if they are
competitively priced and of comparable quality. In addition, preference shall
be given to goods or services, or both, that are manufactured or provided by
Michigan businesses owned and operated by veterans if they are competitively
priced and of comparable quality.
Sec. 206. The 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. 207. The departments and
agencies receiving appropriations in part 1 shall prepare a report on out‑of‑state
travel expenses not later than January 1 of each year. The travel report shall
be a listing of all travel by classified and unclassified employees outside
this state in the immediately preceding fiscal year that was funded in whole or
in part with funds appropriated in the department s budget. The report shall be
submitted to the senate and house appropriations committees, the house and
senate fiscal agencies, and the state budget director. The report shall include
the following information:
(a) The dates of each travel
occurrence.
(b) The transportation and
related costs of each travel occurrence, including the proportion funded with
state general fund/general purpose revenues, the proportion funded with state
restricted revenues, the proportion funded with federal revenues, and the
proportion funded with other revenues.
Sec. 209. Not later than
November 30, the state budget office shall prepare and transmit a report that
provides for estimates of the total general fund/general purpose appropriation
lapses at the close of the prior fiscal year. This report shall summarize the
projected year-end general fund/general purpose appropriation lapses by major
departmental program or program areas. The report shall be transmitted to the
chairpersons of the senate and house appropriations committees, and the senate and
house fiscal agencies.
Sec. 210. (1) In addition to the
funds appropriated in part 1, there is appropriated an amount not to exceed
$80,000,000.00 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,
(2) In addition to the funds
appropriated in part 1, there is appropriated an amount not to exceed
$45,000,000.00 for state restricted contingency funds. These funds are not
available for expenditure until they have been transferred to another line item
in part 1 under section 393(2) of the management and budget act, 1984 PA 431,
(3) In addition to the funds
appropriated in part 1, there is appropriated an amount not to exceed
$5,000,000.00 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,
(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,
Sec. 211. The department shall
cooperate with the department of technology, management, and budget to maintain
a searchable website accessible by the public at no cost that includes, but is
not limited to, all of the following for each department or agency:
(a) Fiscal year-to-date
expenditures by category.
(b) Fiscal year-to-date
expenditures by appropriation unit.
(c) Fiscal year-to-date payments
to a selected vendor, including the vendor name, payment date, payment amount,
and payment description.
(d) The number of active
department employees by job classification.
(e) Job specifications and wage
rates.
Sec. 212. Within 14 days after
the release of the executive budget recommendation, the department shall
cooperate with the state budget office to provide the senate and house
appropriations chairs, the senate and house appropriations subcommittees
chairs, and the senate and house fiscal agencies with an annual report on
estimated state restricted fund balances, state restricted fund projected
revenues, and state restricted fund expenditures for the previous fiscal year
and the current fiscal year.
Sec. 213. The department shall
maintain, on a publicly accessible website, a department scorecard that
identifies, tracks, and regularly updates key metrics that are used to monitor
and improve the department s performance.
Sec. 214. Total authorized
appropriations from all sources under part 1 for legacy costs for the current
fiscal year are estimated at $350,330,100.00. From this amount, total agency
appropriations for pension-related legacy costs are estimated at
$170,303,500.00. Total agency appropriations for retiree health care legacy
costs are estimated at $180,026,600.00.
Sec. 215. If either of the
following events occur, within 30 days the department shall notify the state
budget director, the chairs of the house and senate appropriations
subcommittees on the department budget, and the house and senate fiscal
agencies and policy offices of that fact:
(a) A legislative objective of
this part or of a bill or amendment to a bill to amend the social welfare act,
1939 PA 280,
(b) A federal grant, for which a
notice of an award has been received, cannot be used, or will not be used.
Sec. 216. (1) In addition to
funds appropriated in part 1 for all programs and services, there is
appropriated for write-offs of accounts receivable, deferrals, and for prior
year obligations in excess of applicable prior year appropriations, an amount
equal to total write-offs and prior year obligations, but not to exceed amounts
available in prior year revenues.
(2) The department s ability to
satisfy appropriation fund sources in part 1 shall not be limited to collections
and accruals pertaining to services provided in the current fiscal year, but
shall also include reimbursements, refunds, adjustments, and settlements from
prior years.
Sec. 217. (1) By February 1 of
the current fiscal year, the department shall report to the house and senate
appropriations subcommittees on the department budget, the house and senate
fiscal agencies, and the state budget director on the detailed name and amounts
of estimated federal, restricted, private, and local sources of revenue that
support the appropriations in each of the line items in part 1.
(2) Upon the release of the next
fiscal year executive budget recommendation, the department shall report to the
same parties in subsection (1) on the amounts and detailed sources of
federal, restricted, private, and local revenue proposed to support the total
funds appropriated in each of the line items in part 1 of the next fiscal year
executive budget proposal.
Sec. 218. The department shall
include, but not be limited to, the following in its annual list of proposed
basic health services as required in part 23 of the public health code, 1978 PA 368,
(a) Immunizations.
(b) Communicable disease
control.
(c) Sexually transmitted disease
control.
(d) Tuberculosis control.
(e) Prevention of gonorrhea eye
infection in newborns.
(f) Screening newborns for the
conditions listed in section 5431 of the public health code, 1978 PA 368,
(g) Health and human services
annex of the Michigan emergency management plan.
(h) Prenatal care.
Sec. 219. (1) The department may
contract with the Michigan Public Health Institute for the design and
implementation of projects and for other public health-related activities
prescribed in section 2611 of the public health code, 1978 PA 368,
(a) A detailed description of
each funded project.
(b) The amount allocated for
each project, the appropriation line item from which the allocation is funded,
and the source of financing for each project.
(c) The expected project
duration.
(d) A detailed spending plan for
each project, including a list of all subgrantees and the amount allocated to each
subgrantee.
(2) On or before December 30 of
the current fiscal year, the department shall provide to the same parties
listed in subsection (1) a copy of all reports, studies, and publications
produced by the Michigan Public Health Institute, its subcontractors, or the
department with the funds appropriated in the department s budget in the
previous fiscal year and allocated to the Michigan Public Health Institute.
Sec. 220. The department shall
ensure that faith-based organizations are able to apply and compete for
services, programs, or contracts that they are qualified and suitable to
fulfill. The department shall not disqualify faith-based organizations solely
on the basis of the religious nature of their organization or their guiding
principles or statements of faith.
Sec. 221. According to section 1b
of the social welfare act, 1939 PA 280, MCL 400.1b, the department shall
treat part 1 and this part as a time-limited addendum to the social welfare
act, 1939 PA 280, MCL 400.1 to 400.119b.
Sec. 222. (1) The department
shall make the entire policy and procedures manual available and accessible to
the public via the department website.
(2) The department shall report
by April 1 of the current fiscal year on each specific policy change made to
implement a public act affecting the department that took effect during the
prior calendar year to the house and senate
appropriations subcommittees on the budget for the department, the joint
committee on administrative rules, the senate and house fiscal agencies,
and policy offices. The department shall attach each policy bulletin issued
during the prior calendar year to this report.
Sec. 223. The department may
establish and collect fees for publications, videos and related materials,
conferences, and workshops. Collected fees are appropriated when received and
shall be used to offset expenditures to pay for printing and mailing costs of
the publications, videos and related materials, and costs of the workshops and
conferences. The department shall not collect fees under this section that
exceed the cost of the expenditures. When collected fees are appropriated under
this section in an amount that exceeds the current fiscal year
appropriation, within 30 days the department shall notify the chairs of the
house and senate appropriations subcommittees on the department budget, the
house and senate fiscal agencies and policy offices, and the state budget
director of that fact.
Sec. 224. The department may
retain all of the state s share of food assistance overissuance collections as
an offset to general fund/general purpose costs. Retained collections shall be
applied against federal funds deductions in all appropriation units where
department costs related to the investigation and recoupment of food assistance
overissuances are incurred. Retained collections in excess of such costs shall
be applied against the federal funds deducted in the departmental
administration and support appropriation unit.
Sec. 225. (1) Sanctions,
suspensions, conditions for provisional license status, and other penalties
shall not be more stringent for private service providers than for public
entities performing equivalent or similar services.
(2) Neither the department nor
private service providers or licensees shall be granted preferential treatment
or considered automatically to be in compliance with administrative rules based
on whether they have collective bargaining agreements with direct care workers.
Private service providers or licensees without collective bargaining agreements
shall not be subjected to additional requirements or conditions of licensure
based on their lack of collective bargaining agreements.
Sec. 226. If the revenue
collected by the department from fees and collections exceeds the amount
appropriated in part 1, the revenue may be carried forward with the approval of
the state budget director into the subsequent fiscal year. The revenue carried
forward under this section shall be used as the first source of funds in
the subsequent fiscal year.
Sec. 227. The state departments,
agencies, and commissions receiving tobacco tax funds and Healthy Michigan fund
revenue from part 1 shall report by April 1 of the current fiscal year to the
senate and house appropriations committees,
the senate and house fiscal agencies, and the state budget director on the
following:
(a) Detailed spending plan by
appropriation line item including description of programs and a summary of
organizations receiving these funds.
(b) Description of allocations
or bid processes including need or demand indicators used to determine
allocations.
(c) Eligibility criteria for
program participation and maximum benefit levels where applicable.
(d) Outcome
measures used to evaluate programs, including measures of the effectiveness of
these programs in improving the health of Michigan residents.
Sec. 228. (1) If the department is
authorized under state or federal law to collect an overpayment owed to the
department, the department may assess a penalty of 1% per month beginning 60
days after notification. If caused by department error, a penalty may not be
assessed until 6 months after the initial notification date of the overpayment
amount. The department shall not collect penalty interest in an amount that
exceeds the amount of the original overpayment. The state share of any funds
collected under this section shall be deposited in the state general fund.
(2) By September 30 of the current
fiscal year, the department shall report to the house and senate appropriations
subcommittees on the department budget, the house and senate fiscal agencies,
and the state budget office on penalty amounts assessed and paid by account
during the current fiscal year, the reason for the penalty, and the current
status of the account.
Sec. 229. (1) The department shall
extend the interagency agreement with the Michigan talent investment agency for
the duration of the current fiscal year, which concerns TANF funding to provide
job readiness and welfare-to-work
programming. The interagency agreement shall include specific outcome and
performance reporting requirements as
described in this section. TANF funding provided to the Michigan talent
investment agency in the current fiscal year is contingent on compliance
with the data and reporting requirements described in this section. The
interagency agreement must require the Michigan talent investment agency to
provide all of the following items by January 1 of the current fiscal year for
the previous fiscal year to the senate and house appropriations subcommittees
on the department budget and the state budget office:
(a) An itemized spending report on
TANF funding, including all of the following:
(i) Direct services to recipients.
(ii) Administrative expenditures.
(b) The number of family
independence program (FIP) recipients served through the TANF funding,
including all of the following:
(i) The number and percentage who obtained employment through
Michigan Works!
(ii) The number and percentage who fulfilled their TANF work
requirement through other job readiness programming.
(iii) Average TANF spending per recipient.
(iv) The number and percentage of recipients who were referred to
Michigan Works! but did not receive a job or job readiness placement and the
reasons why.
(2) By March 1 of the current
fiscal year, the department shall provide to the senate and house
appropriations subcommittees on the department budget, the senate and house
fiscal agencies, the senate and house policy offices, and the state budget
office an annual report on the following matters itemized by Michigan Works!
agency: the number of referrals to Michigan Works! job readiness programs, the
number of referrals to Michigan Works! job readiness programs who became a
participant in the Michigan Works! job readiness programs, the number of participants
who obtained employment, and the cost per participant case.
Sec. 230. By December 31 of the
current fiscal year, the department shall report to the senate and house
appropriations subcommittees on the department budget, the senate and house fiscal
agencies and policy offices, and the state budget office on the status of the
implementation of any noninflationary, noncaseload, programmatic funding
increases from the previous fiscal year. The report shall confirm the
implementation of already implemented funding increases and provide
explanations for any planned implementation of funding increases that have not
yet occurred. For any planned implementation of funding increases that have not
yet occurred, the department shall provide an expected implementation date and
the reasons for delayed implementation.
Sec. 231. From the funds
appropriated in part 1 for travel reimbursements to employees, the department
shall allocate up to $100,000.00 toward reimbursing counties for the
out-of-pocket travel costs of the local county department board members and
county department directors to attend 1 meeting per year of the Michigan County
Social Services Association.
Sec. 232. (1) The department shall
provide the approved spending plan for each line item receiving an appropriation in the current fiscal year to the
senate and house appropriations subcommittees on the department budget
and the senate and house fiscal agencies within 60 days of approval by the
department but not later than January 15 of the current fiscal year. The
spending plan shall include the following information regarding planned
expenditures for each category: allocation in the previous period, change in
the allocation, and new allocation. The spending plan shall include the
following information regarding each revenue source for the line item: category
of the fund source indicated by general fund/general purpose, state restricted,
local, private or federal. Figures included in the approved spending plan shall
not be assumed to constitute the actual final expenditures, as line items may
be updated on an as-needed basis to reflect changes in projected expenditures and projected revenue. The department shall
supplement the spending plan information by providing a list of all
active contracts and grants in the department s contract system. For amounts
listed in the other contracts category of each spending plan, the department
shall provide a list of all contracts and grants and amounts for the current
fiscal year, and include the name of the line item and the name of the fund
source related to each contract or grant and amount. For amounts listed in the
all other costs category of each spending plan, the department shall provide a
list detailing planned expenditures and amounts for the current fiscal year,
and include the name of the line item and the name of the fund source related
to each amount and expenditure.
(2)
Notwithstanding any other appropriation authority granted in part 1, the
department shall not appropriate any additional general fund/general purpose
funds or any related federal and state restricted funds without providing a
written 30-day notice to the senate and house appropriations subcommittees on
the department budget, the senate and house fiscal agencies, and the senate and
house policy offices.
Sec. 240. Appropriations in part 1
shall not be expended in cases where existing work project authorization is
available for the same expenditures.
Sec. 251. On a monthly basis, the
department shall report to the senate and house appropriations subcommittees on
the department budget, the senate and house fiscal agencies, and the state
budget office on any line-item appropriation for which the department estimates
total annual expenditures would exceed the funds appropriated for that line-item
appropriation by 5% or more. The department shall provide a detailed
explanation for any relevant line-item appropriation exceedance and shall
identify the corrective actions undertaken to mitigate line-item appropriation
expenditures from exceeding the funds appropriated for that line-item
appropriation by a greater amount. This section does not apply for
line-item appropriations that are part of the May revenue estimating conference
caseload and expenditure estimates.
Sec. 252. The appropriations in
part 1 for Healthy Michigan plan - behavioral health, Healthy Michigan plan
administration, and Healthy Michigan plan are contingent on the provisions of
the social welfare act, 1939 PA 280, MCL 400.1 to 400.119b, that were
contained in 2013 PA 107 not being amended, repealed, or otherwise altered
to eliminate the Healthy Michigan plan. If that occurs, then, upon the
effective date of the amendatory act that amends, repeals, or otherwise alters
those provisions, the remaining funds in the Healthy Michigan plan - behavioral
health, Healthy Michigan plan administration, and Healthy Michigan plan line
items shall only be used to pay previously incurred costs and any remaining
appropriations shall not be allotted to support those line items.
Sec. 253. (1) The department shall
implement information technology investment management practices that use
recommendations from the office of the auditor general audit number
071-0550-17. The department shall form a department-based information
technology investment board (IT investment board). The IT investment board
shall include the director, the deputy director with information technology
responsibilities, the deputy director with
budgetary and financial responsibilities, and senior leadership from each
administration or agency within the department that uses a system or
program that is included in the funds appropriated in part 1. The IT investment
board shall create a board charter that directs the department s information
technology investment management practices. The IT investment board, in
consultation with the department of technology, management, and budget, shall
implement an appropriate governance framework such as Information Technology
Investment Management: A Framework for Assessing and Improving Process Maturity
from the United States Government Accountability Office or Val IT Framework
from the IT Governance Institute as the policy for the department s information
technology investment decisions. The department, in consultation with the IT
investment board, shall develop policies that include, but are not limited to,
the following:
(a) The roles and responsibilities
that department staff have in making information technology investment
decisions.
(b) The criteria, policies, and
best practices for selecting, controlling, and evaluating information
technology investments. The criteria, policies, and best practices shall
include a return on investment to evaluate the funds appropriated in part 1 for
information technology.
(c) The authority the department
has in determining information technology investment decisions that are not
made within the department of technology, management, and budget.
(d) Policies to manage information
technology investment decisions that have a high cost or are considered a high
risk to the department to reduce the possibility that information technology
expenditures will exceed the funds appropriated in part 1 for information
technology.
(2) By
January 1 of the current fiscal year, the department shall submit to the senate
and house appropriations subcommittees on the department budget, the senate and house fiscal
agencies, and the senate and house policy offices, a report with a copy of the
IT investment board charter and a list of all information technology projects
in which the funds appropriated in part 1 exceed $250,000.00 for the current
fiscal year.
(3) By September 30 of the current
fiscal year, the department shall submit to the senate and house appropriations
subcommittees on the department budget, the senate and house fiscal agencies,
and the senate and house policy offices, a report, for any information
technology project in which the funds appropriated in part 1 exceed $250,000.00
for the current fiscal year, on the business needs met by each project, the
selection process used to select the project, the documentation of the IT
investment board oversight and approval of the project, total project
development cost, total project operational and maintenance cost, total state
cost, total contractor cost, total nonlabor cost, and the total cost of
ownership of the project through the current fiscal year.
(4) From the funds appropriated in
part 1 and all available federal funds for information technology services and
projects, the department shall contract with an independent verification and
validation program to address the increasing information technology cost and to
ensure that information technology contracts are meeting the policies and
objectives stated in subsection (1). By January 1 of the current fiscal
year, the department shall institute an independent verification and validation
program by using a third-party vendor who has been approved on the state s
financial accounting and auditing services prequalification program. The
independent verification and validation program vendor that is selected to
perform independent verification and validation services shall not be involved
in the development of software or systems that are used by the department or
are under consideration to be used by the department. The independent
verification and validation program vendor selected shall have experience in a
variety of information technology development
methodologies such as waterfall, agile, and scale agile. The vendor selected
shall apply information technology industry audit standards and audit
credentials and shall have an established advisory business unit.
(5) The independent verification
and validation program shall be applied to information technology projects that
have funds appropriated in part 1 with a contract value greater than
$250,000.00 in the current fiscal year that meet at least 1 of the following
criteria:
(a) The project spans across more
than 1 administration or agency.
(b) The project involves multiple
vendors.
(c) The project has an accelerated
schedule.
(d) The impact is high if the
project were to fail or be delayed.
(6) The independent verification
and validation program shall design compliance of program governance, project
management, and technical delivery requirements.
(7) By May 1 of the current fiscal
year, the department, along with the selected independent verification and
validation vendor, shall report to the senate and house appropriations
subcommittees on the department budget, the senate and house fiscal agencies,
and senate and house policy offices on an assessment of the findings of the
independent verification and validation program and recommendations for
improvements. The report shall include, but not be limited to, the following
items:
(a) Compliance with federal
reporting requirements.
(b) Demonstration of earlier
identification and resolution of project risks.
(c) The capacity to achieve a
positive return on investment from information technology investments.
(d) The potential for accelerated
time to benefit realization and increased benefit sustainability.
(e) Improved transparency of
information technology project benefits and financial measures.
(f) A reduction in variability in
the development and system integration process that will lead to more predictable outcomes of information technology
expenditures and information technology project performance.
(g) Identification and transfer of
leading industry practices for improved effectiveness and efficiency.
Sec. 256. If funds become available,
the department shall, in consultation with the Michigan department of
education, the Michigan domestic and sexual violence prevention and treatment
board, and the Michigan Coalition to End Domestic and Sexual Violence, redraft
the curriculum for the Growing Up & Staying Healthy and Healthy &
Responsible Relationships modules to include age-appropriate information about
the importance of consent, setting and respecting personal boundaries, and the
prevention of child sexual abuse as outlined in MCL 380.1505 and consistent
with the recommendations and guidelines set by the task force on the prevention
of sexual abuse of children created under section 12b of the child
protection law, 1975 PA 238, MCL 722.632b, and the prevention of sexual
assault and dating violence.
Sec. 257. If funds become
available, the department shall, in consultation with the department of
education, the American Foundation of Suicide Prevention, the National Alliance
on Mental Illness, the Michigan Psychiatric Society, the Community Mental
Health Association, and members of law enforcement, redraft the curriculum for
the Safe and Sound for Life and Social & Emotional Health modules to
include age-appropriate and medically accurate information about the warning
signs and risk factors for suicide and depression, and the protective factors
that help prevent suicide as outlined in section 1171 of the revised
school code, 1976 PA 451, MCL 380.1171.
Sec. 263. (1) Except as otherwise
provided in this subsection, before submission of a waiver, a state plan
amendment, or a similar proposal to CMS or other federal agency, the department
shall provide written notification of the planned submission to the house and
senate appropriations subcommittees on the department budget, the house and
senate fiscal agencies and policy offices, and the state budget office. This
subsection does not apply to the submission of a waiver, a state plan
amendment, or similar proposal that does not propose a material change or is
outside of the ordinary course of waiver, state plan amendment, or similar
proposed submissions.
(2) The
department shall provide written reports on a semiannual basis to the senate
and house appropriations subcommittees on the department budget, the senate and house fiscal agencies,
and the state budget office summarizing the status of any new or ongoing
discussions with CMS or the United States Department of Health and Human
Services or other federal agency regarding potential or future waiver
applications as well as the status of submitted waivers that have not yet
received federal approval. If, at the time a semiannual report is due, there
are no reportable items, then no report is required to be provided.
Sec. 264. The department shall not
take disciplinary action against an employee for communicating with a member of
the legislature or his or her staff.
Sec. 270. The department shall
advise the legislature of the receipt of a notification from the attorney
general s office of a legal action in which expenses had been recovered
according to section 106(6) of the social welfare act, 1939 PA 280,
(a) The total amount recovered
from the legal action.
(b) The program or service for
which the money was originally expended.
(c) Details on the disposition of
the funds recovered such as the appropriation or revenue account in which the
money was deposited.
(d) A description of the facts
involved in the legal action.
Sec. 274. (1) The department, in
collaboration with the state budget office, shall submit to the house and
senate appropriations subcommittees on the department budget, the house and
senate fiscal agencies, and the house and senate policy offices 1 week after
the day the governor submits to the legislature the budget for the ensuing
fiscal year a report on spending and revenue projections for each of the capped
federal funds listed below. The report shall contain actual spending and
revenue in the previous fiscal year, spending and revenue projections for the
current fiscal year as enacted, and spending and revenue projections within the
executive budget proposal for the fiscal year beginning October 1, 2020 for
each individual line item for the department budget. The report shall also
include federal funds transferred to other departments. The capped federal
funds shall include, but not be limited to, all of the following:
(a) TANF.
(b) Title XX social services block
grant.
(c) Title IV-B part I child
welfare services block grant.
(d) Title IV-B part II promoting
safe and stable families funds.
(e) Low-income home energy
assistance program.
(2) It is the intent of the
legislature that the department, in collaboration with the state budget office,
not utilize capped federal funding for economics adjustments for FTEs or other
economics costs that are included as part of the budget submitted to the legislature
by the governor for the ensuing fiscal year, unless there is a reasonable
expectation for increased federal funding to be available to the department
from that capped revenue source in the ensuing fiscal year.
(3) By February 15 of the current
fiscal year, the department shall prepare an annual report of its efforts to
identify TANF maintenance of effort sources and rationale for any increases or
decreases from all of the following, but not limited to:
(a) Other departments.
(b) Local units of government.
(c) Private sources.
Sec. 275. (1) As part of the
year-end closing process, the department, with the approval of the state budget
director, is authorized to realign sources between other federal, TANF, and
capped federal financing authorizations in order to maximize federal revenues.
This realignment of financing shall not produce a gross increase or decrease in
the department s total individual line item authorizations, nor will it produce
a net increase or decrease in total federal revenues, or a net increase in TANF
authorization.
(2) Within 30 days after the date
on which year-end book closing is completed, the department shall submit to the
house and senate appropriations subcommittees on the department budget, the
house and senate fiscal agencies, and the house and senate policy offices a
report on the realignment of federal fund sources that took place as part of
the year-end closing process for the previous fiscal year.
Sec. 280. By March 1 of the
current fiscal year, the department shall provide a report to the house and
senate appropriations subcommittees on the department budget, the house and
senate fiscal agencies, the house and senate policy offices, and the state
budget director that provides all of the following for each line item in part 1
containing personnel-related costs, including the specific individual amounts
for salaries and wages, payroll taxes, and fringe benefits:
(a) FTE authorization.
(b) Spending authorization for
personnel-related costs, by fund source, under the spending plan.
(c) Actual year-to-date
expenditures for personnel-related costs, by fund source, through the end of
the prior month.
(d) The projected year-end
balance or shortfall for personnel-related costs, by fund source, based on
actual monthly spending levels through the end of the prior month.
(e) A specific plan for
addressing any projected shortfall for personnel-related costs at either the
gross or fund source level.
Sec. 288. (1) Beginning October
1 of the current fiscal year, no less than 90% of a new department contract
supported solely from state restricted funds or general fund/general purpose
funds and designated in this part or part 1 for a specific entity for the
purpose of providing services to individuals shall be expended for such services
after the first year of the contract.
(2) The department may allow a
contract to exceed the limitation on administrative and services costs if it
can be demonstrated that an exception should be made to the provision in subsection (1).
(3) By September 30 of the
current fiscal year, the department shall report to the house and senate
appropriations subcommittees on the department budget, house and senate fiscal
agencies, and state budget office on the rationale for all exceptions made to
the provision in subsection (1) and the number of contracts terminated due
to violations of subsection (1).
Sec. 289. By March 1 of the
current fiscal year, the department shall provide to the senate and house
appropriations subcommittees on the department budget, the senate and house
fiscal agencies, and the senate and house policy offices an annual report on
the supervisor-to-staff ratio by department divisions and subdivisions.
Sec. 290. Any public
advertisement for public assistance shall also inform the public of the welfare
fraud hotline operated by the department.
Sec. 293. Any savings resulting
from pilot projects or demonstration models that consist of service level
integration of Medicaid behavioral health and Medicaid physical health services
or financial integration of Medicaid behavioral health and Medicaid physical
health services, shall only be used for reinvestment in the pilot project sites
where the savings occurred in accordance with the Medicaid state plan and any
applicable Medicaid waiver, and shall not be used for any other purpose by the
department. Shared savings between a PIHP or CMHSP and a Medicaid health plan
shall be carried forward for expenditures in future years, unrestricted by
current internal service fund caps.
Sec. 294. (1) The department may
work with PIHPs and CMHSPs to create a physical and behavioral health
integrated service demonstration pilot without public funds being transferred
to for-profit Medicaid health plans. The pilot is not contingent on approval of
a section 1115 waiver from CMS.
(2) The pilot program, to
achieve integrated practices in Michigan, shall demonstrate a successful
expansion of existing local and statewide integrated efforts as currently
mandated by the department, and shall continue to include care coordination,
risk stratification, data sharing, and health care technology. This contractual
mandate by the department shall include shared care coordination between PIHP
and Medicaid health plans for individuals served by both entities. Care
coordination shall be made possible by using health-related information
maintained through the department s Care Connect 360 platform and health
information exchanges. The PIHP and Medicaid health plans shall meet monthly,
as required by the department, to review health information of all jointly
served individuals. From this group, those individuals with the greatest level
of need shall be identified to receive joint care coordination. The PIHP and
Medicaid health plans shall collaborate to develop a shared care plan for each
of these individuals.
(3) It is the intent of the
legislature that the pilot program shall be designed to last at least 2 years.
(4) The pilot shall increase the
number of individuals who meet criteria for expanded care coordination for all
individuals on the stratification list provided by the department via the Care
Connect 360 platform. In addition, the pilot program shall expand the focus of
care coordination to include anyone who is identified as not receiving the
health care services as identified by HEDIS, including, but not limited to, the
following:
(a) Follow-up after
hospitalization.
(b) Plan all cause readmission.
(c) Diabetes screening for
people with schizophrenia or bi-polar disorder who are using antipsychotic
medications.
(5) The primary purpose of the
pilot program is to test how the state may better integrate behavioral and
physical health delivery systems in order to improve behavioral and physical
health outcomes, maximize efficiencies, minimize unnecessary costs, and achieve
material increases in behavioral health services without increases in overall
Medicaid spending. Specific outcome measurements of the pilot program shall
include, but are not limited to, all of the following:
(a) Decreased emergency room visits.
(b) Decreased hospitalizations.
(c) Increased primary care or
preventative services.
(d) Increased stable housing.
(e) Increased competitive
employment.
(f) Improved HEDIS scores for the
measures listed in subsection (4).
(6) Within 90 days after
completion of the pilot program advanced under this section, the PIHP or CMHSP
and Medicaid health plans shall submit a joint report to the senate and house
appropriations subcommittees on the department budget, the senate and house
fiscal agencies, the senate and house policy offices, and the state budget office detailing their experiences,
lessons learned, the outcomes of the measurements in subsection (5),
any efficiencies and savings revealed for the PIHP or CMHSP and the Medicaid
health plans, and any increases in investment on behavioral health services
from the PIHP or CMHSP and the Medicaid health plans.
Sec. 295. (1) From the funds
appropriated in part 1 to agencies providing physical and behavioral health
services to multicultural populations, the department shall award grants in
accordance with the requirements of subsection (2). The state is not
liable for any spending above the contract amount. Funds shall not be released
until reporting requirements under section 295 of article X of 2018 PA 207
are satisfied.
(2) The department shall require
each contractor described in subsection (1) that receives greater than
$1,000,000.00 in state grant funding to comply with performance-related metrics
to maintain their eligibility for funding. The organizational metrics shall
include, but not be limited to, all of the following:
(a) Each contractor or
subcontractor shall have accreditations that attest to their competency and
effectiveness as behavioral health and social service agencies.
(b) Each contractor or
subcontractor shall have a mission that is consistent with the purpose of the
multicultural agency.
(c) Each contractor shall validate
that any subcontractors utilized within these appropriations share the same
mission as the lead agency receiving funding.
(d) Each contractor or
subcontractor shall demonstrate cost-effectiveness.
(e) Each contractor or
subcontractor shall ensure their ability to leverage private dollars to
strengthen and maximize service provision.
(f) Each contractor or
subcontractor shall provide timely and accurate reports regarding the number of
clients served, units of service provision, and ability to meet their stated
goals.
(3) The department shall require
an annual report from the contractors described in subsection (2). The
annual report, due 60 days following the end of the contract period, shall
include specific information on services and programs provided, the client base
to which the services and programs were provided, information on any wraparound
services provided, and the expenditures for those services. The department
shall provide the annual reports to the senate and house appropriations
subcommittees on health and human services, the senate and house fiscal
agencies, and the state budget office.
Sec. 296. From the funds
appropriated in part 1, the department is responsible for the necessary and
reasonable attorney fees and costs incurred by private and independent legal
counsel chosen by current and former classified and unclassified department
employees in the defense of the employees in any state or federal lawsuit or
investigation related to the water system in a city or community in which a
declaration of emergency was issued because of drinking water contamination.
Sec. 297. On a semiannual basis,
the department shall report on the number of FTEs in pay status by type of
staff. The report shall include a comparison by line item of the number of FTEs
authorized from funds appropriated in part 1 to the actual number of FTEs
employed by the department at the end of the reporting period.
Sec. 298. (1) The department shall
implement up to 3 pilot projects to achieve fully financially integrated
Medicaid behavioral health and physical health benefit and financial
integration demonstration models. These demonstration models shall use single
contracts between the state and each licensed Medicaid health plan that is
currently contracted to provide Medicaid services in the geographic area of the
pilot project. The department shall ensure that the pilot projects described in
this subsection are implemented in a manner that ensures at least all of
the following:
(a) That allows the CMHSP in the
geographic area of the pilot project to be a provider of behavioral health
supports and services. At the Medicaid health plan s discretion, the plan may
also contract directly with a behavioral health service provider as long as
both of the following conditions are met:
(i) The contracted provider complies with all licensing laws and
regulations applicable to the provider s practice or business in this state
including, but not limited to, article 15 of the public health code, 1978 PA 368,
MCL 333.16101 to 333.18838, and article 17 of the public health code, 1978 PA 368,
MCL 333.20101 to 333.22260, and is not currently excluded from participating in
Medicaid by state or federal sanction.
(ii) The Medicaid health plan meets all existing network adequacy
requirements for behavioral health services and supports.
(b) A Medicaid health plan may
retain all functions related to its accreditation with the National Committee
for Quality Assurance. At the discretion of the Medicaid health plan, the plan
may delegate a function that is related to its accreditation to another entity.
(c) That any changes made to a
Medicaid waiver or Medicaid state plan to implement the pilot projects
described in this subsection must only be in effect for the duration of
the pilot programs established under section 298 of article X of 2016 PA 268.
(d) That the project is consistent
with the stated core values as identified in the final report of the workgroup
established in section 298 of article X of 2016 PA 268.
(e) That updates are provided to
the medical care advisory council, behavioral health advisory council, and
developmental disabilities council.
(2) It is the intent of the
legislature that each pilot project and demonstration model shall be designed
to last at least 3 years. It is the intent of the legislature that by January
31, 2022, the department shall provide a document to the senate and house
appropriations subcommittees on the department budget, the senate and house
fiscal agencies, the senate and house policy offices, and the state budget
office of the results of measures developed in conjunction with the Medicaid
health plans and CMHSPs participating in the pilot program described in subsection (1)
that, if met, would trigger a full statewide, all managed care populations
integration process beginning October 1, 2023. The measures developed by the
department, Medicaid health plans, and CMHSPs must include, at a minimum,
performance metrics from each of the following categories:
(a) Improvement of the
coordination between behavioral health and physical health.
(b) Improvement of services
available to individuals with mental illness, intellectual or developmental
disabilities, or substance use disorders.
(c) Benefits associated with full
access to community-based services and supports.
(d) Beneficiary health status.
(e) Beneficiary satisfaction.
(f) Provider network stability.
(g) Treatment and service
efficacies before and during the pilot programs and demonstration pilot,
including utilization measures.
(h) Use of best practices.
(i) Financial efficiencies.
(j) Barriers to clinical data
sharing between CMHSPs and Medicaid health plans.
(k) Any other relevant categories.
(3) For the duration of any pilot
projects and demonstration model, the department shall require that all
realized benefits and cost savings of integrating the physical health and
behavioral health systems shall be reinvested in services and supports for
individuals having or at risk of having a mental illness, an intellectual or
developmental disability, or a substance use disorder. The department, in
conjunction with the Medicaid health plans, shall create a risk corridor. The
department shall ensure that rates paid to the Medicaid health plans are
actuarially sound. After accounting for implementation costs of the pilot
project, the department shall ensure savings are reinvested in the pilot site
where the savings occurred in accordance with the Medicaid state plan and any
applicable Medicaid waiver.
(4) It is the intent of the
legislature that the primary purpose of the pilot projects and demonstration
model is to test how the state may better integrate behavioral and physical
health delivery systems in order to improve behavioral and physical health
outcomes, maximize efficiencies, minimize unnecessary costs, and achieve
material increases in behavioral health services without increases in overall
Medicaid spending.
(5) The department shall continue
to partner with 1 of the state s research universities at least 6 months before
the completion of each pilot project or demonstration model authorized under
this section to evaluate the pilot project or demonstration model. The
evaluation must include all of the following:
(a) Information on the pilot
project s or demonstration model s success in meeting the performance metrics
developed in this subsection and information on whether the pilot project
could be replicated into other geographic areas with similar performance metric
outcomes.
(b) Performance metrics, at a
minimum, from each of the following categories:
(i) Improvement of the coordination between behavioral health and
physical health.
(ii) Improvement of services available to individuals with mental
illness, intellectual or developmental disabilities, or substance use
disorders.
(iii) Benefits associated with full access to community-based
services and supports.
(iv) Beneficiary health status.
(v) Beneficiary satisfaction.
(vi) Provider network stability.
(vii) Treatment and service efficacies before and after the pilot
projects and demonstration model.
(viii) Use of best practices.
(ix) Financial efficiencies.
(x) Barriers to clinical data sharing with Medicaid health plans.
(xi) Any other relevant categories.
(c) A requirement that the
evaluation shall be completed within 6 months after the end of each pilot
project or demonstration model and will be provided to the department, the
house and senate appropriations subcommittees on the department budget, the
house and senate fiscal agencies, the house and senate policy offices, and the
state budget office.
(6) By
November 1 of the current fiscal year, the department shall report to the house
and senate appropriations subcommittees on the department budget, the house and senate fiscal
agencies, the house and senate policy offices,
and the state budget office on the progress toward implementation of the pilot
projects and demonstration model described in this section, and a
summary of all projects. The report shall also include information on policy changes and any other efforts made to
improve the coordination of supports and services for individuals having
or at risk of having a mental illness, an intellectual or developmental
disability, a substance use disorder, or a physical health need.
(7) Upon
completion of any pilot project or demonstration model advanced under this
section, the managing entity of the pilot project or demonstration model shall submit a
report to the senate and house appropriations subcommittees on the department
budget, the senate and house fiscal agencies, the senate and house policy
offices, and the state budget office within 30 days of completion of that pilot
project or demonstration model detailing their experience, lessons learned,
efficiencies and savings revealed, increases in investment on behavioral health
services, and recommendations for extending pilot projects to full
implementation or discontinuation.
Sec. 299. (1) No state department
or agency shall issue a request for proposal (RFP) for a contract in excess of
$5,000,000.00, 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 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.
(2) From funds appropriated in
part 1, for all RFPs issued during the current fiscal year where an existing
service received proposals by multiple vendors, the department shall notify all
vendors within 30 days of the RFP decision. The notification to vendors shall
include details on the RFP process, including the respective RFP scores and the
respective cost for each vendor. If the highest scored RFP or lowest cost RFP
does not receive the contract for an existing service offered by the department,
the notification shall issue an explanation for the reasons that the highest
scored RFP or lowest cost RFP did not receive the contract and detail the
incremental cost target amount or service level required that was required to
migrate the service to a new vendor. Additionally, the department shall include
in the notification details as to why a cost or service difference is
justifiable if the highest scored or lowest cost vendor does not receive the
contract.
(3) The department shall submit to
the senate and house appropriations subcommittees on the department budget, the
senate and house fiscal agencies, the senate and house policy offices, and the
state budget office by September 30 of the current fiscal year, a report that
includes the following:
(a) A summary of all RFPs issued
for a contract in excess of $5,000,000.00 including whether an RFI or RFQ was
considered, and whether an RFI or RFQ was issued before issuing the RFP or
whether the issuance of an RFI or RFQ was determined not to be necessary.
(b) A summary of all RFPs during
the current fiscal year if an existing service received proposals by multiple
vendors.
(c) A list of all finalized RFPs
if there was a divergence from awarding the contract to the lowest-cost or
highest-scoring vendor, and details as to why a divergence is justifiable as
provided in the notification to vendors under subsection (2).
(d) The cost or service threshold
required by department policy that must be satisfied in order for an existing
contract to be received by a new vendor.
DEPARTMENTAL ADMINISTRATION AND SUPPORT
Sec. 307. (1) From the funds
appropriated in part 1 for demonstration projects, $950,000.00 shall be
distributed as provided in subsection (2). The amount distributed under
this subsection shall not exceed 50% of the total operating expenses of
the program described in subsection (2), with the remaining 50% paid by
local United Way organizations and other nonprofit organizations and
foundations.
(2) Funds distributed under subsection (1)
shall be distributed to Michigan 2-1-1, a nonprofit corporation organized under
the laws of this state that is exempt from federal income tax under section 501(c)(3)
of the internal revenue code of 1986, 26
(3) Michigan 2-1-1 shall refer to
the department any calls received reporting fraud, waste, or abuse of
state-administered public assistance.
(4) Michigan
Sec. 316. From the funds
appropriated in part 1 for terminal leave payments, the department shall not
spend in excess of its annual gross appropriation unless it identifies and
requests a legislative transfer from another budgetary line item supporting
administrative costs, as provided by section 393(2) of the management and
budget act, 1984 PA 431, MCL 18.1393.
CHILD SUPPORT ENFORCEMENT
Sec. 401. (1) The appropriations
in part 1 assume a total federal child support incentive payment of
$26,000,000.00.
(2) From the federal money
received for child support incentive payments, $11,500,000.00 shall be retained
by the state and expended for child support program expenses.
(3) From the federal money
received for child support incentive payments, $14,500,000.00 shall be paid to
the counties based on each county s performance level for each of the federal
performance measures as established in 45
(4) If the child support incentive
payment to the state from the federal government is greater than
$26,000,000.00, then 100% of the excess shall be retained by the state and is
appropriated until the total retained by the state reaches $15,397,400.00.
(5) If the child support incentive
payment to the state from the federal government is greater than the amount
needed to satisfy the provisions identified in subsections (1), (2), (3), and
(4), the additional funds shall be subject to appropriation by the legislature.
(6) If the child support incentive
payment to the state from the federal government is less than $26,000,000.00,
then the state and county share shall each be reduced by 50% of the shortfall.
Sec. 409. (1) If statewide
retained child support collections exceed $38,300,000.00, 75% of the amount in
excess of $38,300,000.00 is appropriated to legal support contracts. This
excess appropriation may be distributed to eligible counties to supplement and
not supplant county title IV-D funding.
(2) Each county whose retained child
support collections in the current fiscal year exceed its fiscal year 2004-2005
retained child support collections, excluding tax offset and financial
institution data match collections in both the current fiscal year and fiscal
year 2004-2005, shall receive its proportional share of the 75% excess.
Sec. 410. (1) If title
IV-D-related child support collections are escheated, the state budget director
is authorized to adjust the sources of financing for the funds appropriated in
part 1 for legal support contracts to reduce federal authorization by 66% of
the escheated amount and increase general fund/general purpose authorization by
the same amount. This budget adjustment is required to offset the loss of
federal revenue due to the escheated amount being counted as title IV-D program
income in accordance with federal regulations at 45
(2) The department shall notify
the chairs of the house and senate appropriations subcommittees on the
department budget and the house and senate fiscal agencies within 15 days of
the authorization adjustment in subsection (1).
COMMUNITY SERVICES AND OUTREACH
Sec. 450. (1) From the funds
appropriated in part 1 for school success partnership program, the department
shall allocate $525,000.00 by December 1 of the current fiscal year to support
the Northeast Michigan Community Service Agency programming. The department
shall require the following performance objectives be measured and reported for
the duration of the state funding for the school success partnership program:
(a) Increasing school attendance
and decreasing chronic absenteeism.
(b) Increasing academic
performance based on grades with emphasis on math and reading.
(c) Identifying barriers to
attendance and success and connecting families with resources to reduce these
barriers.
(d) Increasing parent involvement
with the parent s child s school and community.
(2) By July 15 of the current
fiscal year, the Northeast Michigan Community Service Agency shall provide
reports to the department on the number of children and families served and the
services that were provided to families to meet the performance objectives
identified in this section. The department shall distribute the reports within
1 week after receipt to the senate and house appropriations subcommittees on
the department budget, the senate and house fiscal agencies, the senate and
house policy offices, and the state budget office.
Sec. 452. From the funds
appropriated in part 1 for crime victim justice assistance grants, the department
shall continue to support forensic nurse examiner programs to facilitate
training for improved evidence collection for the prosecution of sexual
assault. The funds shall be used for program coordination and training.
Sec. 453. (1) From the funds
appropriated in part 1 for homeless programs, the department shall maintain
emergency shelter program per diem rates at $18.00 per bed night to support
efforts of shelter providers to move homeless individuals and households into
permanent housing as quickly as possible. Expected outcomes are increased
shelter discharges to stable housing destinations, decreased recidivism rates
for shelter clients, and a reduction in the average length of stay in emergency
shelters.
(2) By March 1 of the current
fiscal year, the department shall submit to the house and senate appropriations
subcommittees on the department budget, the house and senate fiscal agencies,
the house and senate policy offices, and the state budget office a report on
the total amount expended for the program in the previous year, as well as the
total number of shelter nights provided and the average length of stay in an
emergency shelter.
Sec. 454. The department shall
allocate the full amount of funds appropriated in part 1 for homeless programs
to provide services for homeless individuals and families, including, but not
limited to, third-party contracts for emergency shelter services.
Sec. 455. As a condition of
receipt of federal TANF funds, homeless shelters and human services agencies
shall collaborate with the department to obtain necessary TANF eligibility
information on families as soon as possible after admitting a family to the
homeless shelter. From the funds appropriated in part 1 for homeless programs,
the department is authorized to make allocations of TANF funds only to the
homeless shelters and human services agencies that report necessary data to the
department for the purpose of meeting TANF eligibility reporting requirements.
Homeless shelters or human services agencies that do not report necessary data
to the department for the purpose of meeting TANF eligibility reporting
requirements will not receive reimbursements that exceed the per diem amount
they received in fiscal year 2000. The use of TANF funds under this section is
not an ongoing commitment of funding.
Sec. 456. From the funds
appropriated in part 1 for homeless programs, the department shall allocate
$90,000.00 to reimburse public service agencies that provide documentation of
paying birth certificate fees on behalf of category 1 homeless clients at
county clerk s offices. Public service agencies shall be reimbursed for the
cost of the birth certificate fees quarterly until this allocation is fully
spent.
Sec. 457. (1) From the funds
appropriated in part 1 for the uniform statewide sexual assault evidence kit
tracking system, in accordance with the final report of the Michigan sexual
assault evidence kit tracking and reporting commission, $800,000.00 is
allocated from the sexual assault evidence tracking fund to contract for the
administration of a uniform statewide sexual assault evidence kit tracking
system. The system shall include the following:
(a) A uniform statewide system to
track the submission and status of sexual assault evidence kits.
(b) A uniform statewide system to
audit untested kits that were collected on or before March 1, 2015 and were
released by victims to law enforcement.
(c) Secure electronic access for
victims.
(d) The ability to accommodate
concurrent data entry with kit collection through various mechanisms, including
web entry through computer or smartphone, and through scanning devices.
(2) By March 30 of the current
fiscal year, the department shall submit to the senate and house appropriations
subcommittees on the department budget, the senate and house fiscal agencies,
the senate and house policy offices, and the state budget office a status
report on the administration of the uniform statewide sexual assault evidence
kit tracking system, including operational status and any known issues regarding
implementation.
(3) The sexual assault evidence
tracking fund established in section 1451 of 2017 PA 158 shall
continue to be maintained in the department of treasury. Money in the sexual
assault evidence tracking fund at the close of a fiscal year shall remain in
the sexual assault evidence tracking fund and shall not revert to the general
fund and shall be appropriated as provided by law for the development and
implementation of a uniform statewide sexual assault evidence kit tracking
system as described in subsection (1).
(4) By September 30 of the current
fiscal year, the department shall submit to the senate and house appropriations
subcommittees on the department budget, the senate and house fiscal agencies,
the senate and house policy offices, and the state budget office a report on
the findings of the annual audit of the proper submission of sexual assault evidence kits as required by the sexual
assault kit evidence submission act, 2014 PA 227, MCL 752.931 to 752.935.
The report must include, but is not limited to, a detailed county‑by‑county
compilation of the number of sexual assault evidence kits that were properly
submitted and the number that met or did not meet deadlines established in the
sexual assault kit evidence submission act, 2014 PA 227, MCL 752.931 to
752.935, the number of sexual assault evidence kits retrieved by law
enforcement after analysis, and the physical location of all released sexual
assault evidence kits collected by health care providers in that year, as of
the date of the annual draft report for each reporting agency.
Sec. 458. From the funds
appropriated in part 1 for crime victim rights services grants, the department
shall allocate $2,000,000.00 of crime victim s rights fund to maintain
increased grant funding to support the further use of crime victim advocates in
the criminal justice system. The purpose of the additional funding is to
increase available grant funding for crime victim advocates to ensure that the
advocates have the resources, training, and funding needed to respond to the
physical and emotional needs of crime victims and to provide victims with the
necessary services, information, and assistance in order to help them
understand and participate in the criminal justice system and experience a
measure of safety and security throughout the legal process.
Sec. 459. From the funds
appropriated in part 1 for child advocacy centers, $1,000,000.00 shall be
allocated to provide additional funding to child advocacy centers to support
the general operations of child advocacy centers. The purpose of this additional
funding is to increase the amount of services provided to children and their
families who are victims of abuse over the amount provided in the previous
fiscal year. None of the additional funding directed in this section shall
be used for purposes other than those described under section 4 of the
children s advocacy center act, 2008 PA 544, MCL 722.1044.
CHILDREN S SERVICES AGENCY - CHILD WELFARE
Sec. 501. (1) A goal is
established that not more than 25% of all children in foster care at any given
time during the current fiscal year, if in the best interest of the child, will
have been in foster care for 24 months or more.
(2) By March
1 of the current fiscal year, the department shall provide to the senate and
house appropriations subcommittees on the department budget, the senate and house fiscal
agencies, the senate and house policy offices, and the state budget office a
report describing the steps that will be taken to achieve the specific goal
established in this section and on the percentage of children who
currently are in foster care and who have been in foster care a total of 24 or
more months.
Sec. 502. From the funds
appropriated in part 1 for foster care, the department shall provide 50%
reimbursement to Indian tribal governments for foster care expenditures for
children who are under the jurisdiction of Indian tribal courts and who are not
otherwise eligible for federal foster care cost sharing.
Sec. 503. (1) In accordance with
the final report of the Michigan child welfare performance-based funding task
force issued in response to section 503 of article X of 2013 PA 59,
the department shall continue to review,
update, or develop actuarially sound case rates for necessary child welfare
foster care case management services that achieve permanency by the
department and private child placing agencies in a prospective payment system
under a performance-based funding model.
(2) By March
1 of the current fiscal year, the department shall provide to the senate and
house appropriations committees on the department budget, the senate and house fiscal
agencies and policy offices, and the state budget office a report on the full
cost analysis of the performance-based funding model. The report shall include
background information on the project and give details about the contractual
costs covered through the case rate.
(3) In accordance with the final
report of the Michigan child welfare performance-based funding task force
issued in response to section 503 of article X of 2013 PA 59, the
department shall continue an independent, third-party evaluation of the
performance-based funding model.
(4) The department shall only
implement the performance-based funding model into additional counties where
the department, private child welfare agencies, the county, and the court
operating within that county have signed a memorandum of understanding that
incorporates the intentions of the concerned parties in order to implement the
performance-based funding model.
(5) The department, in conjunction
with members from both the house of representatives and senate, private child
placing agencies, the courts, and counties shall continue to implement the
recommendations that are described in the workgroup report that was provided in
section 503 of article X of 2013 PA 59 to establish a performance-based funding for public and private child
welfare services providers. The department shall provide quarterly
reports on the status of the performance-based contracting model to the senate
and house appropriations subcommittees on the department budget, the senate and
house standing committees on families and human services, and the senate and
house fiscal agencies and policy offices.
(6) From the funds appropriated in
part 1 for the performance-based funding model pilot, the department shall
continue to work with the West Michigan Partnership for Children Consortium on
the implementation of the performance-based funding model pilot. The consortium
shall accept and comprehensively assess referred youth, assign cases to members
of its continuum or leverage services from other entities, and make appropriate
case management decisions during the duration of a case. The consortium shall
operate an integrated continuum of care structure, with services provided by
both private and public agencies, based on individual
case needs. The consortium shall demonstrate significant organizational
capacity and competencies, including
experience with managing risk-based contracts, financial strength, experienced
staff and leadership, and appropriate governance structure.
Sec. 504. (1) The department may
continue a master agreement with the West Michigan Partnership for Children
Consortium for a performance-based child welfare contracting pilot program. The
consortium shall consist of a network of affiliated child welfare service
providers that will accept and comprehensively assess referred youth, assign
cases to members of its continuum or leverage services from other entities, and
make appropriate case management decisions during the duration of a case.
(2) The consortium shall operate
an integrated continuum of care structure, with services provided by private or
public agencies, based on individual case needs.
(3) By March 1 of the current
fiscal year, the consortium shall provide to the department and the house and
senate appropriations subcommittees on the department budget a report on the
consortium, including, but not limited to, actual expenditures, number of
children placed by agencies in the consortium, fund balance of the consortium,
and the status of the consortium evaluation.
Sec. 505. By March 1 of the
current fiscal year, the department and Wayne County shall provide to the
senate and house appropriations subcommittees on the department budget, the
senate and house fiscal agencies and policy offices, and the state budget
office a report for youth referred or committed to the department for care or
supervision in the previous fiscal year and in the first quarter of the current
fiscal year outlining the number of youth served by the department within the
juvenile justice system, the type of setting for each youth, performance
outcomes, and financial costs or savings.
Sec. 507. The department s ability
to satisfy appropriation deducts in part 1 for foster care private collections
shall not be limited to collections and accruals pertaining to services
provided only in the current fiscal year but may include revenues collected
during the current fiscal year for services provided in prior fiscal years.
Sec. 508. (1) In addition to the
amount appropriated in part 1 for children s trust fund grants, money granted
or money received as gifts or donations to the children s trust fund created by
1982 PA 249,
(2) The department and the child
abuse and neglect prevention board shall collaborate to ensure that
administrative delays are avoided and the local grant recipients and direct
service providers receive money in an expeditious manner. The department and
board shall make available the children s trust fund contract funds to grantees
within 31 days of the start date of the funded project.
Sec. 511. The department shall
provide reports on a semiannual basis to the senate and house appropriations
subcommittees on the department budget, the senate and house standing
committees on families and human services, and the senate and house fiscal
agencies and policy offices on the number and percentage of children who
received timely physical and mental health examinations after entry into foster
care. The goal of the program is that at least 85% of children shall have an
initial medical and mental health examination within 30 days after entry into
foster care.
Sec. 512. (1) As required by the
settlement, by March 1 of the current fiscal year, the department shall report
to the senate and house appropriations subcommittees on the department budget,
the senate and house fiscal agencies, the senate and house policy offices, and
the state budget office on the following information for cases of child abuse
or child neglect from the previous fiscal year:
(a) The total number of relative
care placements.
(b) The total number of
relatives with a placement who became licensed.
(c) The number of waivers of
foster care licensure granted to relative care providers.
(d) The number of waivers of
foster care denied to relative care providers.
(e) A list of the reasons from a
sample of cases the department denied granting a waiver of foster care
licensure for a relative care provider.
(f) A list of the reasons from a
sample of cases where relatives were declined foster care licensure as
documented by the department.
(2) The caseworker shall request
a waiver of foster care licensure if both of the following apply:
(a) The caseworker has fully
informed the relative of the benefits of licensure and the option of a
licensure waiver.
(b) The caseworker has assessed
the relative and the relative s home using the department s initial relative
safety screen and the department s relative home assessment and has determined
that the relative s home is safe and placement there is in the child s best
interest.
Sec. 513. (1) The department
shall not expend funds appropriated in part 1 to pay for the direct placement
by the department of a child in an out-of-state facility unless all of the
following conditions are met:
(a) There is no appropriate
placement available in this state as determined by the department interstate
compact office.
(b) An out-of-state placement
exists that is nearer to the child s home than the closest appropriate in-state
placement as determined by the department interstate compact office.
(c) The out-of-state facility
meets all of the licensing standards of this state for a comparable facility.
(d) The out-of-state facility
meets all of the applicable licensing standards of the state in which it is
located.
(e) The department has done an
on-site visit to the out-of-state facility, reviewed the facility records, reviewed licensing records and reports on the
facility, and believes that the facility is an appropriate placement for
the child.
(2) The department shall not
expend money for a child placed in an out-of-state facility without approval of
the executive director of the children s services agency.
(3) The department shall submit
an annual report by March 1 of the current fiscal year to the state court
administrative office, the house and senate appropriations subcommittees on the
department budget, the house and senate fiscal agencies, the house and senate
policy offices, and the state budget office on the number of Michigan children
residing in out-of-state facilities in the previous fiscal year and shall
include the total cost and average per diem cost of these out-of-state
placements to this state, and a list of each such placement arranged by the
Michigan county of residence for each child.
Sec. 514. The department shall
make a comprehensive report concerning children s protective services (
(a) Statistical information
including, but not limited to, all of the following:
(i) The total number of reports of child abuse or child neglect
investigated under the child protection law, 1975 PA 238,
(ii) Characteristics of perpetrators of
child abuse or child neglect and the child victims, such as age, relationship, race,
and ethnicity and whether the perpetrator exposed the child victim to drug
activity, including the manufacture of
illicit drugs, that exposed the child victim to substance abuse, a drug house,
or methamphetamine.
(iii) The mandatory reporter category in
which the individual who made the report fits, or other categorization if the
individual is not within a group required to report under the child protection
law, 1975 PA 238,
(iv) The number of cases that resulted in the separation of the
child from the parent or guardian and the period of time of that separation, up
to and including termination of parental rights.
(v) For the reported complaints of child abuse or child neglect by
teachers, school administrators, and school counselors, the number of cases
classified under category I or category II and the number of cases classified
under category
(vi) For the reported complaints of child abuse or child neglect by
teachers, school administrators, and school counselors, the number of cases
that resulted in separation of the child from the parent or guardian and the
period of time of that separation, up to and including termination of parental
rights.
(b) New policies related to
children s protective services including, but not limited to, major policy
changes and court decisions affecting the children s protective services system
during the immediately preceding 12‑month
period. The report shall also include a summary of the actions undertaken and
applicable expenditures to achieve compliance with the office of the auditor
general audit number 431-1285-16.
(c) Statistical information
regarding families that were classified in category III, including, but not
limited to, all of the following:
(i) The total number of cases classified in category III.
(ii) The number of cases in category III referred to voluntary
community services and closed with no additional monitoring.
(iii) The number of cases in category III referred to voluntary
community services and monitored for up to 90 days.
(iv) The number of cases in category III for which the department
entered more than 1 determination that there was evidence of child abuse or
child neglect.
(v) The number of cases in category III that the department
reclassified from category III to category II.
(vi) The number of cases in category III that the department
reclassified from category III to category I.
(vii) The number of cases in category III that the department
reclassified from category III to category I that resulted in a removal.
(d) The department policy, or changes
to the department policy, regarding children who have been exposed to the
production or manufacture of methamphetamines.
Sec. 515. If a child protection
services caseworker requests approval for another child protection services
caseworker or other department employee to accompany them on a home visit
because the caseworker believes it would be unsafe to conduct the home visit
alone, the department shall not deny the request.
Sec. 516. From funds appropriated
in part 1 for child care fund, the administrative or indirect cost payment
equal to 10% of a county s total monthly gross expenditures shall be
distributed to the county on a monthly basis and a county is not required to
submit documentation to the department for any of the expenditures that are
covered under the 10% payment as described in section 117a(4)(b)(ii) and (iv) of the social welfare act, 1939 PA 280, MCL 400.117a.
Sec. 517. The department shall
retain the same title IV-E appeals policy in place as of the fiscal year ending
September 30, 2017.
Sec. 518. Supervisors must make an
initial read of a caseworker s report on a child abuse or child neglect investigation and note any corrections required,
or approve the report, within 5 business days. The caseworker must
resubmit a report that needs corrections within 3 business days.
Sec. 519. The department shall
permit any private agency that has an existing contract with this state to
provide foster care services to be also eligible to provide treatment foster
care services.
Sec. 520. The department shall
submit a report to the house and senate appropriations subcommittees on the
department budget, the house and senate fiscal agencies, the house and senate
policy offices, and the state budget office by February 15 of the current
fiscal year on the number of days of care and expenditures by funding source
for the previous fiscal year for out-of-home placements by specific placement
programs for child abuse or child neglect and juvenile justice, including, but
not limited to, paid relative placement, department direct family foster care,
private agency supervised foster care, private child caring institutions,
county-supervised facilities, court-supervised facilities, and independent
living. The report shall also include the number of days of care for
department-operated residential juvenile justice facilities by security
classification.
Sec. 521. (1)
From the funds appropriated in part 1 for child care fund indirect cost
allotment, the department shall allocate $4,211,400.00 to counties and tribal governments that
receive reimbursements in part 1 from child care fund.
(2) The amount described in subsection (1)
shall be distributed to each county or tribal government in the same proportion
as indirect cost allotments are provided to counties in the manner described in
section 117a of the social welfare act, 1939 PA 280, MCL 400.117a.
Sec. 522. (1) From the funds
appropriated in part 1 for youth in transition, the department shall allocate
$750,000.00 for scholarships through the fostering futures scholarship program
in the Michigan education trust to youths who were in foster care because of
child abuse or child neglect and are attending a college or a career technical
educational institution located in this state. Of the funds appropriated, 100%
shall be used to fund scholarships for the youths described in this section.
(2) On a semiannual basis, the
department shall provide a report to the senate and house appropriations
subcommittees on the department budget, the senate and house fiscal agencies,
the senate and house policy offices, and the state budget office that includes
the number of youths who received scholarships and the amount of each
scholarship, and the total amount of funds spent or encumbered in the current
fiscal year.
Sec. 523. (1) By February 15 of
the current fiscal year, the department shall submit to the senate and house
appropriations subcommittees on the department budget, the senate and house
fiscal agencies, the senate and house policy offices, and the state budget
office a report on the families first, family reunification, and families
together building solutions family preservation programs. The report shall
provide population and outcome data based on contractually required follow-up
evaluations for families who received family preservation services and shall
include information for each program on any innovations that may increase child
safety and risk reduction.
(2) From the funds appropriated in
part 1 for youth in transition and domestic violence prevention and treatment,
the department is authorized to make allocations of TANF funds only to agencies
that report necessary data to the department for the purpose of meeting TANF
eligibility reporting requirements.
(3) By October 1 of the current
fiscal year, from the funds appropriated in part 1 for family preservation
services, the department shall allocate $1,000,000.00 of state general
fund/general purpose revenue and $1,075,000.00 of TANF and any eligible federal
matching funds to increase rates paid to family preservation service providers
by at least 5.5% for the families first, family reunification, and families
together building solutions programs.
Sec. 524. As a condition of
receiving funds appropriated in part 1 for strong families/safe children,
counties must submit the service spending plan to the department by October 1
of the current fiscal year for approval. The department shall approve the
service spending plan within 30 calendar days after receipt of a properly
completed service spending plan.
Sec. 525. The department shall
implement the same on-site evaluation processes for privately operated child
welfare and juvenile justice residential facilities as is used to evaluate
state-operated facilities. Penalties for noncompliance shall be the same for
privately operated child welfare and juvenile justice residential facilities
and state-operated facilities.
Sec. 527. With the approval of the
settlement monitor, for the purposes of calculating adoption worker caseloads
for private child placing agencies, the department shall exclude the following
case types:
(a) Cases in which there are
multiple applicants as that term is defined in section 22(e) of chapter X
of the probate code of 1939, 1939 PA 288, MCL 710.22, also known as a
competing party case, in which the case has a consent motion pending from
Michigan s children s institute or the court for more than 30 days.
(b) Cases in which a birth parent
has an order or motion for a rehearing or an appeal as of right that has been
pending for more than 15 days.
Sec. 530. (1)
All master contracts relating to foster care and adoption services as funded by
the appropriations in section 105 of part 1 shall be performance-based contracts that
employ a client-centered results-oriented process that is based on measurable
performance indicators and desired outcomes and includes the annual assessment
of the quality of services provided.
(2) By
February 1 of the current fiscal year, the department shall provide the senate
and house appropriations subcommittees on the department budget, the senate and house fiscal
agencies and policy offices, and the state
budget office a report detailing measurable performance indicators, desired
outcomes, and an assessment of the quality of services provided by the
department during the previous fiscal year.
Sec. 531. The
department shall notify the house and senate appropriations subcommittees on
the department budget, the house and senate fiscal agencies, and the house and senate
policy offices of any changes to a child welfare master contract template,
including the adoption master contract template, the independent living plus
master contract template, the child placing agency foster care master contract
template, and the residential foster care juvenile justice master contract
template, not less than 30 days before the change takes effect.
Sec. 532. The department, in
collaboration with representatives of private child and family agencies, shall
revise and improve the annual licensing review process and the annual contract
compliance review process for child placing agencies and child caring
institutions. The improvement goals shall be safety and care for children.
Improvements to the review process shall be directed toward alleviating
administrative burdens so that agency resources may be focused on children. The
revision shall include identification of duplicative staff activities and
information sought from child placing agencies and child caring institutions in
the annual review process. The department shall report to the senate and house
appropriations subcommittees on the department budget, the senate and house
fiscal agencies and policy offices, and the state budget director on or before
January 15 of the current fiscal year on the findings of the annual licensing
review and include summaries of actions undertaken to revise, improve, and
identify weaknesses in the current annual licensing process and annual contract
compliance.
Sec. 533. The department shall
make payments to child placing facilities for in-home and out-of-home care
services and adoption services within 30 days of receiving all necessary
documentation from those agencies. It is the intent of the legislature that the
burden of ensuring that these payments are made in a timely manner and no
payments are in arrears is upon the department.
Sec. 534. The department shall
submit to the senate and house appropriations subcommittees on the department
budget, the senate and house fiscal agencies, the senate and house policy
offices, and the state budget office by March 1 of the current fiscal year a
report on the adoption subsidies expenditures from the previous fiscal year.
The report shall include, but is not limited to, the range of annual adoption
support subsidy amounts, for both title IV-E eligible cases and state-funded
cases, paid to adoptive families, the number of title IV-E and state-funded
cases, the number of cases in which the adoption support subsidy request of
adoptive parents for assistance was denied by the department, and the number of
adoptive parents who requested a redetermination of adoption support subsidy.
Sec. 535. (1) By December 1 of the
current fiscal year, the department shall create a process in which unlicensed
relatives are reviewed and approved as meeting the standards established for
state licensing for foster care. For any placements approved as meeting the
standards established for state licensing for foster care, the department shall
seek title IV-E claims for foster care maintenance payments and foster care
administrative payments.
(2) By March 1 of the current
fiscal year, the department shall submit to the senate and house appropriations
subcommittees on the department budget, the senate and house fiscal agencies,
and the senate and house policy offices a report on the number of unlicensed
relative placements not approved as meeting the standards established for state
licensing and the status of title IV-E claims described in subsection (1).
Sec. 536. By March 1 of the
current fiscal year, the department shall submit to the senate and house
appropriations subcommittees on the department budget, the senate and house
fiscal agencies, and the policy offices a report on the status of the
department s planned and achieved implementation of the federal family first
prevention services act, Public Law 115-123. The report shall include, but not
be limited to, an estimate of the 5-year spending plan for administrative and
compliance costs, information regarding compliance with title IV-E prevention
requirements, the status of statewide compliance with the qualified residential
treatment program requirements, the department s conformity with federal model
licensing standards, the department s plan for tracking and preventing child
maltreatment deaths, and the department s plan for extending John H. Chaffee
foster care independence programs up to age 23.
Sec. 537. The department, in
collaboration with child placing agencies, shall implement section 115o of
the social welfare act, 1939 PA 280,
Sec. 538. By October 1 of the
current fiscal year, the department shall submit to the senate and house
appropriations subcommittees on the department budget, the senate and house
fiscal agencies, and the policy offices a report on the status of the
department s program improvement plan associated with round 3 of the child and
family services review (CFSR). The report shall also include, but not be
limited to, a specific and detailed plan to address the areas of substantial
nonconformity identified in the CFSR such as the inadequacy of caseworker
training provided by the department, the estimated costs necessary to reduce
travel time for service delivery to rural areas, plans to improve caseworker
engagement to reduce maltreatment in care, and steps undertaken by the department
to emphasize permanency in case planning.
Sec. 540. If a physician or
psychiatrist who is providing services to state or court wards placed in a
residential facility submits a formal request to the department to change the
psychotropic medication of a ward, the department shall, if the ward is a state
ward, make a determination on the proposed change within 7 business days after
the request or, if the ward is a temporary court ward, seek parental consent
within 7 business days after the request. If parental consent is not
provided within 7 business days, the department shall petition the court on the
eighth business day.
Sec. 546. (1) From the funds
appropriated in part 1 for foster care payments and from child care fund, the
department shall pay providers of general foster care, independent living, and
trial reunification services not less than a $46.20 administrative rate.
(2) From the funds appropriated in
part 1, the department shall pay providers of independent living plus services
statewide per diem rates for staff-supported housing and host-home housing
based on proposals submitted in response to a solicitation for pricing. The
independent living plus program provides staff-supported housing and services
for foster youth ages 16 through 19 who, because of their individual needs and
assessments, are not initially appropriate for general independent living
foster care.
(3) If required by the federal
government to meet title IV-E requirements, providers of foster care services
shall submit quarterly reports on expenditures to the department to identify
actual costs of providing foster care services.
(4) From the funds appropriated in
part 1, the department shall maintain the rates in place on March 20, 2019
provided to each private provider of residential services.
Sec. 547. (1) From the funds
appropriated in part 1 for the guardianship assistance program, the department
shall pay a minimum rate that is not less than the approved age-appropriate
payment rates for youth placed in family foster care.
(2) The department shall report
quarterly to the state budget office, the senate and house appropriations
subcommittees on the department budget, the senate and house fiscal agencies,
and the senate and house policy offices on the number of children enrolled in
the guardianship assistance and foster care children with serious emotional
disturbance waiver programs.
Sec. 550. (1) The department shall
not offset against reimbursement payments to counties or seek reimbursement
from counties for charges that were received by the department more than 12
months before the department seeks to offset against reimbursement. A county
shall not request reimbursement for and reimbursement payments shall not be
paid for a charge that is more than 12 months after the date of service or
original status determination when initially submitted by the county.
(2) All service providers shall
submit a request for payment within 12 months after the date of service. Any
request for payment submitted 12 months or more after the date of service
requires the provider to submit an exception request to the county or the
department for approval or denial.
(3) The county is not subject to
any offset, chargeback, or reimbursement liability for prior expenditures
resulting from an error in foster care fund source determinations.
Sec. 551. The department shall
respond to counties within 30 days regarding any request for a clarification
requested through the department s child care fund management unit electronic
mail address.
Sec. 552. Sixty days after a
county s child care fund on-site review is completed, the department shall
provide the results of the review to the county. The department shall not
evaluate the relevancy, quality, effectiveness, efficiency, or impact of the
services provided to youth of the county s child care fund programs in the
review. Pursuant to state law, the department shall not release the results of
the review to a third-party without the permission of the county being
reviewed.
Sec. 558. From the funds
appropriated in part 1 for child welfare institute, by January 1 of the current
fiscal year, the department shall provide all the necessary training and
materials to designated private child placing agency staff in order for all
pre-service training requirements specified by the settlement to be completed
by private child placing agency staff at agency facilities. It shall be
department policy that the designated private child placing agency staff
trained by the department to deliver training are authorized to deliver
pre-service training to any private child placing agency staff, regardless of
agency. This section does not modify or amend current licensing,
certification, or subject matter standards required by federal law, state law,
or the settlement.
Sec. 559. (1) From the funds
appropriated in part 1 for adoption support services, the department shall
allocate $250,000.00 to the Adoptive Family Support Network by December 1 of
the current fiscal year to operate and expand its adoptive parent mentor program
to provide a listening ear, knowledgeable guidance, and community connections
to adoptive parents and children who were adopted in this state or another
state.
(2) The
Adoptive Family Support Network shall submit to the senate and house
appropriations subcommittees on the department budget, the senate and
house fiscal agencies, the senate and house policy offices, and the state
budget office by March 1 of the current fiscal year a report on the program
described in subsection (1), including, but not limited to, the number of
cases served and the number of cases in which the program prevented an
out-of-home placement.
Sec. 562. The department shall
provide time and travel reimbursements for foster parents who transport a
foster child to parent-child visitations. As part of the foster care parent
contract, the department shall provide written confirmation to foster parents
that states that the foster parents have the right to request these
reimbursements for all parent-child visitations. The department shall provide
these reimbursements within 60 days of receiving a request for eligible
reimbursements from a foster parent.
Sec. 564. (1) The department shall
develop a clear policy for parent-child visitations. The local county offices,
caseworkers, and supervisors shall meet an 85% success rate, after accounting
for factors outside of the caseworkers control.
(2) Per the court-ordered number
of required meetings between caseworkers and a parent, the caseworkers shall
achieve a success rate of 85%, after accounting for factors outside of the
caseworkers control.
(3)
By March 1 of the current fiscal year, the department shall provide to the
senate and house appropriations subcommittees on the department budget,
the senate and house fiscal agencies, the senate and house policy offices, and
the state budget office a report on the following:
(a) The percentage of success rate
for parent-child visitations and court-ordered required meetings between
caseworkers referenced in subsections (1) and (2) for the previous year.
(b) The barriers to achieve the
success rates in subsections (1) and (2) and how this information is tracked.
Sec. 567. The department shall
submit to the senate and house appropriations subcommittees on the department
budget, the senate and house fiscal agencies, the senate and house policy
offices, and the state budget office by March 1 of the current fiscal year a
report on transfer of medical passports for children in foster care, including
the following:
(a) From the total medical passports
transferred, the percentage that transferred within 2 weeks from the date of
placement or return to the home.
(b) From the total school records,
the percentage that transferred within 2 weeks from the date of placement or
return to the home.
(c) The
implementation steps that have been taken to improve the outcomes for the
measures in subdivision (a).
Sec. 569. The department shall
reimburse private child placing agencies that complete adoptions at the rate
according to the date on which the petition for adoption and required support
documentation was accepted by the court and not according to the date the court s
order placing for adoption was entered.
Sec. 573. (1) From the funds
appropriated in part 1 for foster care payments and child care fund, the
department shall, if funds become available, pay providers of foster care
services a per diem daily administrative rate for every case on a caseworker s
caseload for the duration of a case from referral acceptance to the discharge
of wardship.
(2) The department shall complete
an actuarial study to review case rates paid to private child placing agencies
every even-numbered year.
(3) The department shall submit a
request to the settlement monitor to define caseload ratios in the settlement
to only include active cases or to designate a zero case weight for cases that
are routed for case closure but remain open to complete administrative
activities.
Sec. 574. (1) From the funds
appropriated in part 1 for foster care payments, $2,000,000.00 is allocated to
support performance-based contracts with child placing agencies to facilitate
the licensure of relative caregivers as foster parents. Agencies shall receive
$4,500.00 for each facilitated licensure if completed within 180 days after
case acceptance, or, if a waiver was previously approved, 180 days from the
referral date. If the facilitated licensure, or approved waiver, is completed
after 180 days, the agency shall receive up to $3,500.00. The agency
facilitating the licensure would retain the placement and continue to provide
case management services for the newly licensed cases for which the placement
was appropriate to the agency. The 180-day period shall not include any delay
due to actions solely in the control of the department as accounted for by the
child placing agency assisting with licensure.
(2) By March 1 of the current
fiscal year, the department shall submit to the house and senate appropriations
subcommittees on the department budget, the house and senate fiscal agencies,
the house and senate policy offices, and the state budget office a report on
the total amount expended in the previous year for payments to child placing
agencies for completed licensures of relative caregivers as foster parents as
referenced in subsection (1) and the number of newly licensed caregivers
for which the child placing agencies received these payments.
(3) From the funds appropriated
for foster care payments, $375,000.00 is allocated to support family incentive grants to private and community-based
foster care service providers to assist with home improvements or
payment for physical exams for applicants needed by foster families to
accommodate foster children.
(4) By March 1 of the current
fiscal year, the department shall submit to the house and senate appropriations
subcommittees on the department budget, the house and senate fiscal agencies,
the house and senate policy offices, and the state budget office a report on
the total amount expended in the previous year for grants to private and community-based
foster care service providers for home improvements or physical exams as
referenced in subsection (3) and the number of grants issued.
Sec. 583. By March 1 of the
current fiscal year, the department shall provide to the senate and house
appropriations subcommittees on the department budget, the senate and house
standing committees on families and human services, the senate and house fiscal
agencies and policy offices, and the state budget office a report that
includes:
(a) The number and percentage of
foster parents that dropped out of the program in the previous fiscal year and
the reasons the foster parents left the program and how those figures compare
to prior fiscal years.
(b) The number and percentage of
foster parents successfully retained in the previous fiscal year and how those
figures compare to prior fiscal years.
Sec. 585. The department shall
make available at least 1 pre-service training class each month in which new
caseworkers for private foster care and adoption agencies can enroll.
Sec. 588. (1) Concurrently with
public release, the department shall transmit all reports from the
court-appointed settlement monitor, including, but not limited to, the needs
assessment and period outcome reporting, to the state budget office, the senate
and house appropriations subcommittees on the department budget, and the senate
and house fiscal agencies and policy offices, without revision.
(2) By
October 1 of the current fiscal year, the department shall submit to the senate
and house appropriations subcommittees on the department budget, the senate and house fiscal
agencies, and the policy offices a detailed plan that will terminate and
dismiss with prejudice the settlement by September 30 of the current fiscal
year.
Sec. 589. (1) From the funds
appropriated in part 1 for child care fund, the department shall pay 100% of
the administrative rate for all new cases referred to providers of foster care
services.
(2) On a quarterly basis, the
department shall report on the monthly number of all foster care cases
administered by the department and all foster care cases administered by
private providers.
Sec. 594. From the funds
appropriated in part 1 for foster care payments, the department shall support
regional resource teams to provide for the recruitment, retention, and training
of foster and adoptive parents and shall expand the Michigan youth
opportunities initiative to all Michigan counties. The purpose of this funding
is to increase the number of annual inquiries from prospective foster parents,
increase the number of nonrelative foster homes that achieve licensure each
year, increase the annual retention rate of nonrelative foster homes, reduce
the number of older foster youth placed outside of family settings, and provide
older youth with enhanced support in transitioning to adulthood.
Sec. 595. (1) Due to the exigent
circumstances found in the department s children s protective services (CPS)
program by the office of the auditor general (OAG) audit number 431-1285-16,
from the funds appropriated in part 1, the department shall expend
$162,849,600.00 for children s protective services - caseload staff in order to
dedicate resources to CPS investigations. The department shall hire staff from
the funds appropriated in part 1 for children s protective services - caseload
staff for the department to come into compliance and sustain measured
corrective action as determined by the OAG for OAG audit number 431-1285-16.
(2) From the funds appropriated
in part 1 for foster care services - caseload staff, the department shall not
expend any funds on hiring foster care workers or licensing workers and shall
not assume any direct supervisory responsibility of foster care cases unless 1
of the following conditions is met:
(a) An initial review of the
case indicated that the case is not eligible for title IV-E reimbursement.
(b) The department is already
providing direct foster care service to 1 or more siblings of the child ordered
into a placement, and a department direct service provision can provide
placement to the entire sibling group.
(c) The court has ordered
placement for only some of the children in the family, requiring the department
to monitor the children remaining at home.
(3) From the funds appropriated in
part 1 for foster care payments, all new foster care cases coming into care
shall be placed with a private child placing agency supervision unless any of
the conditions in subsection (1) are met or until the statewide ratio of
foster care cases is 55% for private child placing agency supervision to 45%
department case management supervision respectively.
(4) This section does not
require an individual county to meet the case ratio described in subsection (3).
(5) This section does not
modify or amend caseload ratios required under the settlement.
Sec. 596. (1) From the funds
appropriated in part 1 for youth in transition, the department shall maintain
the recent $500,000.00 state general fund/general purpose revenue increase to
funding to support the runaway and homeless youth services program. The purpose
of the additional funding is to support current programs for contracted
providers that provide emergency shelter and services to homeless and runaway
youth.
(2) From the
funds appropriated in part 1 for runaway and homeless youth services
program, the department shall allocate $300,000.00 state general fund/general purpose revenue
and $500,000.00 TANF revenue to increase funding to support runaway and
homeless youth services programs. The purpose of the additional funding is to
support current programs for contracted providers that provide emergency
shelter and services to homeless and runaway youth.
(3) By March 1 of the current
fiscal year, the department shall submit to the house and senate appropriations
subcommittees on the department budget, the house and senate fiscal agencies,
the house and senate policy offices, and the state budget office a report on
the total amount expended for runaway and homeless youth services programs in
the previous year, as well as the total number of shelter nights for youth
provided.
Sec. 598. Partial child care fund
reimbursements to counties for undisputed charges shall be made within 45
business days after the receipt of the required forms and documentation. The
department shall notify a county within 15 business days after a disputed
reimbursement request. The department shall reimburse for corrected charges
within 45 business days after a properly corrected submission by the county.
PUBLIC ASSISTANCE
Sec. 601. Whenever a client agrees
to the release of his or her name and address to the local housing authority,
the department shall request from the local housing authority information
regarding whether the housing unit for which vendoring has been requested meets
applicable local housing codes. Vendoring shall be terminated for those units
that the local authority indicates in writing do not meet local housing codes
until such time as the local authority indicates in writing that local housing
codes have been met.
Sec. 602. The department shall
conduct a full evaluation of an individual s assistance needs if the individual
has applied for disability more than 1 time within a 1-year period.
Sec. 603. For
any change in the income of a recipient of the food assistance program, the
family independence program, or state disability assistance that results in a benefit
decrease, the department must notify the affected recipient of the decrease in
benefits amount no later than 15 work days for the food assistance program, the
family independence program, and state disability assistance before the first
day of the month in which the change takes effect.
Sec. 604. (1) The department shall
operate a state disability assistance program. Except as provided in subsection (3),
persons eligible for this program shall include needy citizens of the United
States or aliens exempted from the supplemental security income citizenship
requirement who are at least 18 years of age or emancipated minors meeting 1 or
more of the following requirements:
(a) A recipient of supplemental
security income, social security, or medical assistance due to disability or 65
years of age or older.
(b) A person with a physical or
mental impairment that meets federal supplemental security income disability
standards, except that the minimum duration of the disability shall be 90 days.
Substance use disorder alone is not defined as a basis for eligibility.
(c) A resident of an adult foster
care facility, a home for the aged, a county infirmary, or a substance use
disorder treatment center.
(d) A person receiving 30-day
postresidential substance use disorder treatment.
(e) A person diagnosed as having
acquired immunodeficiency syndrome.
(f) A person receiving special
education services through the local intermediate school district.
(g) A
caretaker of a disabled person who meets the requirements specified in
subdivision (a), (b), (e), or (f).
(2) Applicants for and recipients
of the state disability assistance program shall be considered needy if they:
(a) Meet the same asset test as is
applied for the family independence program.
(b) Have a monthly budgetable
income that is less than the payment standards.
(3) Except for a person described
in subsection (1)(c) or (d), a person is not disabled for purposes of this
section if his or her drug addiction or alcoholism is a contributing
factor material to the determination of disability. Material to the
determination of disability means that, if the person stopped using drugs or
alcohol, his or her remaining physical or mental limitations would not be
disabling. If his or her remaining physical or mental limitations would be
disabling, then the drug addiction or alcoholism is not material to the
determination of disability and the person may receive state disability
assistance. Such a person must actively participate in a substance abuse
treatment program, and the assistance must be paid to a third party or through
vendor payments. For purposes of this section, substance abuse treatment
includes receipt of inpatient or outpatient services or participation in
alcoholics anonymous or a similar program.
Sec. 605. The level of
reimbursement provided to state disability assistance recipients in licensed
adult foster care facilities shall be the same as the prevailing supplemental
security income rate under the personal care category.
Sec. 606. County department
offices shall require each recipient of family independence program and state
disability assistance who has applied with the social security administration
for supplemental security income to sign a contract to repay any assistance
rendered through the family independence program or state disability assistance
program upon receipt of retroactive supplemental security income benefits.
Sec. 607. (1) The department s
ability to satisfy appropriation deductions in part 1 for state disability
assistance/supplemental security income recoveries and public assistance
recoupment revenues shall not be limited to recoveries and accruals pertaining
to state disability assistance, or family independence assistance grant
payments provided only in the current fiscal year, but may include revenues
collected during the current year that are prior year related and not a part of
the department s accrued entries.
(2) The department may use
supplemental security income recoveries to satisfy the deduct in any line in
which the revenues are appropriated, regardless of the source from which the
revenue is recovered.
Sec. 608. Adult foster care
facilities providing domiciliary care or personal care to residents receiving
supplemental security income or homes for the aged serving residents receiving
supplemental security income shall not require those residents to reimburse the
home or facility for care at rates in excess of those legislatively authorized.
To the extent permitted by federal law, adult foster care facilities and homes
for the aged serving residents receiving supplemental security income shall not
be prohibited from accepting third-party payments in addition to supplemental security
income if the payments are not for food, clothing, shelter, or result in a
reduction in the recipient s supplemental security income payment.
Sec. 609. The state
supplementation level under the supplemental security income program for the
personal care/adult foster care and home for the aged categories shall not be
reduced during the current fiscal year. The
legislature shall be notified not less than 30 days before any proposed
reduction in the state supplementation level.
Sec. 610. (1) In developing good
cause criteria for the state emergency relief program, the department shall
grant exemptions if the emergency resulted from unexpected expenses related to
maintaining or securing employment.
(2) For purposes of determining
housing affordability eligibility for state emergency relief, a group is
considered to have sufficient income to meet ongoing housing expenses if their
total housing obligation does not exceed 75% of their total net income.
(3) State emergency relief
payments shall not be made to individuals who have been found guilty of fraud
in regard to obtaining public assistance.
(4) State emergency relief
payments shall not be made available to persons who are out-of-state residents
or illegal immigrants.
(5) State emergency relief payments
for rent assistance shall be distributed directly to landlords and shall not be
added to Michigan bridge cards.
Sec. 611. The state
supplementation level under the supplemental security income program for the
living independently or living in the household of another categories shall not
exceed the minimum state supplementation level as required under federal law or
regulations.
Sec. 613. (1) The department shall
provide reimbursements for the final disposition of indigent persons. The
reimbursements shall include the following:
(a) The maximum allowable
reimbursement for the final disposition is $800.00.
(b) The adult burial with services
allowance is $725.00.
(c) The adult burial without
services allowance is $490.00.
(d) The infant burial allowance is
$170.00.
(2) Reimbursement for a cremation
permit fee of up to $75.00 and for mileage at the standard rate will be made
available for an eligible cremation. The reimbursements under this section shall
take into consideration religious preferences that prohibit cremation.
Sec. 614. The
department shall report to the senate and house of representatives
appropriations subcommittees on the department budget, the senate and
house fiscal agencies, and the senate and house policy offices by January 15 of
the current fiscal year on the number and percentage of state disability
assistance recipients who were determined to be eligible for federal
supplemental security income benefits in the previous fiscal year.
Sec. 615. Except as required by
federal law or regulations, funds appropriated in part 1 shall not be used to
provide public assistance to a person who is an illegal alien. This section shall
not prohibit the department from entering into contracts with food banks,
emergency shelter providers, or other human services agencies who may, as a
normal part of doing business, provide food or emergency shelter.
Sec. 616. The department shall
require retailers that participate in the electronic benefits transfer program
to charge no more than $2.50 in fees for cash back as a condition of
participation.
Sec. 618. By March 1 of the
current fiscal year, the department shall report to the senate and house
appropriations subcommittees on the department budget, the senate and house
fiscal agencies, the senate and house policy offices, and the state budget
office the quarterly number of supervised individuals who have absconded from
supervision and whom a law enforcement agency, the department of corrections,
or the department is actively seeking according to section 84 of the
corrections code of 1953, 1953 PA 232, MCL 791.284.
Sec. 619. (1) Subject to subsection (2),
the department shall not deny title IV-A assistance and food assistance
benefits under 21 USC 862a to any individual who has been convicted of a single
felony that included the possession, use, or distribution of a controlled
substance, for which the act that resulted in the conviction occurred after
August 22, 1996, if the individual is not in violation of his or her probation
or parole requirements. Benefits shall be provided to an individual, if the
individual is the grantee (head of household), as follows:
(a) Family independence program
benefits must be paid in the form of restricted payments when the grantee has
been convicted, for conduct occurring after August 22, 1996, of a felony for
the use, possession, or distribution of a controlled substance.
(b) An authorized representative
shall be required for food assistance receipt. If the individual with the
conviction is not the grantee, the food assistance shall be provided to the
grantee.
(2) Subject to federal approval,
an individual is not entitled to the exemption in this section if the
individual was convicted of 2 or more separate felony acts that included the
possession, use, or distribution of a controlled substance and both acts
occurred after August 22, 1996.
Sec. 620. (1) The department shall
make a determination of Medicaid eligibility not later than 90 days if
disability is an eligibility factor. For all other Medicaid applicants,
including patients of a nursing home, the department shall make a determination
of Medicaid eligibility within 45 days of application.
(2) The department shall provide
quarterly reports to the senate and house appropriations subcommittees on the
department budget, the senate and house standing committees on families and
human services, the senate and house fiscal agencies, the senate and house
policy offices, and the state budget office on the average Medicaid eligibility
standard of promptness for each of the required standards of promptness under
subsection (1) and for medical review team reviews achieved statewide and
at each local office.
Sec. 625. From the funds
appropriated in part 1 for SSI advocacy legal services grant, the department
shall allocate $175,000.00 as a grant to the Legal Services Association of
Michigan (LSAM). The purpose of the grant is to assist current or potential
recipients of state disability assistance who have applied for or wish to apply
for SSI or other federal disability benefits. LSAM shall provide a list of new
recipients to the department to verify services provided to department
referrals. The department shall distribute informational materials or
literature provided by LSAM to clients who have been referred to LSAM for
assistance under this section. LSAM and the department shall develop release
forms to share information in appropriate cases. LSAM shall provide quarterly
reports indicating cases opened, cases closed, level of services provided on
closed cases, and case outcomes on closed cases.
Sec. 645. An individual or family
is considered homeless, for purposes of eligibility for state emergency relief,
if living temporarily with others in order to escape domestic violence. For
purposes of this section, domestic violence is defined and verified in the same
manner as in the department s policies on good cause for not cooperating with
child support and paternity requirements.
Sec. 653. From the funds
appropriated in part 1 for food assistance, an individual who is the victim of domestic violence and does not qualify for any
other exemption may be exempt from the 3-month in 36‑month limit
on receiving food assistance under 7
Sec. 654. The department shall
notify recipients of food assistance program benefits that their benefits can
be spent with their bridge cards at many farmers markets in the state. The
department shall also notify recipients about the Double Up Food Bucks program
that is administered by the Fair Food Network. Recipients shall receive
information about the Double Up Food Bucks program, including information that
when the recipient spends $20.00 at participating farmers markets through the
program, the recipient can receive an additional $20.00 to buy Michigan
produce.
Sec. 655. Within 14 days after
the spending plan for low-income home energy assistance program is approved by
the state budget office, the department shall provide the spending plan,
including itemized projected expenditures, to the chairpersons of the senate
and house appropriations subcommittees on the department budget, the senate and
house fiscal agencies, the senate and house policy offices, and the state
budget office.
Sec. 660. From the funds
appropriated in part 1 for Food Bank Council of Michigan, the department is
authorized to make allocations of TANF funds only to the agencies that report
necessary data to the department for the purpose of meeting TANF eligibility
reporting requirements. The agencies that do not report necessary data to the
department for the purpose of meeting TANF eligibility reporting requirements
will not receive allocations in excess of those received in fiscal year 2000.
The use of TANF funds under this section is not an ongoing commitment of
funding.
Sec. 669. From the funds
appropriated in part 1 for family independence program, the department shall
allocate $7,230,000.00 for the annual clothing allowance. The allowance shall
be granted to all eligible children in a family independence program group.
Sec. 672. (1) The department s
office of inspector general shall report to the senate and house of representatives appropriations subcommittees on
the department budget, the senate and house fiscal agencies, and the
senate and house policy offices by February 15 of the current fiscal year on
department efforts to reduce inappropriate use of Michigan bridge cards. The
department shall provide information on the number of recipients of services
who used their electronic benefit transfer card inappropriately and the current
status of each case, the number of recipients whose benefits were revoked,
whether permanently or temporarily, as a result of inappropriate use, and the
number of retailers that were fined or removed from the electronic benefit
transfer program for permitting inappropriate use of the cards. The report
shall distinguish between savings and cost avoidance. Savings include
receivables established from instances of fraud committed. Cost avoidance
includes expenditures avoided due to front-end eligibility investigations and
other preemptive actions undertaken in the prevention of fraud.
(2) It shall be the policy of
the department that the department shall require an explanation from a
recipient if a bridge card is replaced more than 2 times over any 3-month
period.
(3) As used in this section, inappropriate
use means not used to meet a family s ongoing basic needs, including food,
clothing, shelter, utilities, household goods, personal care items, and general
incidentals.
Sec. 677. (1) The department
shall establish a state goal for the percentage of family independence program
cases involved in employment activities. The percentage established shall not
be less than 50%. The goal for long-term employment shall be 15% of cases for 6
months or more.
(2) The department shall provide
quarterly reports to the senate and house appropriations subcommittees on the
department budget, the senate and house fiscal agencies and policy offices, and
the state budget director on the number of cases referred to Partnership.
Accountability. Training. Hope. (PATH), the current percentage of family
independence program cases involved in PATH employment activities, an estimate
of the current percentage of family independence program cases that meet
federal work participation requirements on the whole, and an estimate of the
current percentage of the family independence program cases that meet federal
work participation requirements for those cases referred to PATH.
(3) The department shall submit
to the senate and house appropriations subcommittees on the department budget,
the senate and house fiscal agencies, the senate and house policy offices, and
the state budget office quarterly reports that include all of the following:
(a) The number and percentage of
nonexempt family independence program recipients who are employed.
(b) The average and range of
wages of employed family independence program recipients.
(c) The number and percentage of
employed family independence program recipients who remain employed for 6
months or more.
Sec. 686. (1) The department shall
ensure that program policy requires caseworkers to confirm that individuals
presenting personal identification issued by another state seeking assistance
through the family independence program, food assistance program, state
disability assistance program, or medical assistance program are not receiving
benefits from any other state.
(2) The department shall require
caseworkers to confirm the address provided by any individual seeking family
independence program benefits or state disability assistance benefits.
(3) The department shall prohibit individuals with property assets
assessed at a value higher than $200,000.00 from accessing assistance
through department-administered programs, unless such a prohibition would
violate federal rules and guidelines.
(4) The department shall require
caseworkers to obtain an up-to-date telephone number during the eligibility
determination or redetermination process for individuals seeking medical
assistance benefits.
Sec. 687. (1) The department
shall, in quarterly reports, compile and make available on its website all of
the following information about the family independence program, state
disability assistance, the food assistance program, Medicaid, and state
emergency relief:
(a) The number of applications received.
(b) The number of applications
approved.
(c) The number of applications
denied.
(d) The number of applications
pending and neither approved nor denied.
(e) The number of cases opened.
(f) The number of cases closed.
(g) The number of cases at the
beginning of the quarter and the number of cases at the end of the quarter.
(2) The information provided under
subsection (1) shall be compiled and made available for the state as a
whole and for each county and reported separately for each program listed in
subsection (1).
(3) The department shall, in
quarterly reports, compile and make available on its website the family
independence program information listed as follows:
(a) The number of new applicants
who successfully met the requirements of the 21-day assessment period for PATH.
(b) The number of new applicants
who did not meet the requirements of the 21-day assessment period for PATH.
(c) The number of cases sanctioned
because of the school truancy policy.
(d) The number of cases closed because
of the 48-month and 60-month lifetime limits.
(e) The number of first-, second-,
and third-time sanctions.
(f) The number of children ages
0-5 living in FIP-sanctioned households.
Sec. 688. From the funds
appropriated in part 1 for the low-income home energy assistance program, the
department shall make an additional $20.01 payment to each food assistance
program case that is not currently eligible for the standard utility allowance
to enable each case to receive expanded food assistance benefits through the
program commonly known as the heat and eat program.
CHILDREN S SERVICES AGENCY - JUVENILE JUSTICE
Sec. 701. Unless required from
changes to federal or state law or at the request of a provider, the department
shall not alter the terms of any signed contract with a private residential
facility serving children under state or court supervision without written
consent from a representative of the private residential facility.
Sec. 706. Counties shall be
subject to 50% chargeback for the use of alternative regional detention
services, if those detention services do not fall under the basic provision of section 117e
of the social welfare act, 1939 PA 280,
Sec. 707. In order to be
reimbursed for child care fund expenditures, counties are required to submit department-developed reports to enable the department
to document potential federally claimable expenditures. This requirement
is in accordance with the reporting requirements specified in section 117a(11)
of the social welfare act, 1939 PA 280,
Sec. 708. (1) As a condition of
receiving funds appropriated in part 1 for the child care fund line item, by
October 15 of the current fiscal year, counties shall have an approved service
spending plan for the current fiscal year. Counties must submit the service
spending plan for the following fiscal year to the department by August 15 of
the current fiscal year for approval. Upon submission of the county service
spending plan, the department shall approve within 30 calendar days after
receipt of a properly completed service plan that complies with the
requirements of the social welfare act, 1939 PA 280, MCL 400.1 to
400.119b. The department shall notify and submit county service spending plan
revisions to any county whose county service
spending plan is not accepted upon initial submission. The department shall not
request any additional revisions to a county service spending plan
outside of the requested revision notification submitted to the county by the
department. The department shall notify a county within 30 days after approval
that its service plan was approved.
(2) Counties must submit
amendments to current fiscal year county service plans no later than August 30.
Counties must submit current fiscal year payable estimates to the department no
later than September 15.
(3) The department shall submit a
report to the house and senate appropriations subcommittees on the department
budget, the house and senate fiscal agencies, the house and senate policy
offices, and the state budget office by February 15 of the current fiscal year
on the number of counties that fail to submit a service spending plan by August
15 of the previous fiscal year and the number of service spending plans not
approved by October 15. The report shall include the number of county service
spending plans that were not approved as first submitted by the counties, as
well as the number of plans that were not approved by the department after
being resubmitted by the county with the first revisions that were requested by
the department.
Sec. 709. The department s master
contract for juvenile justice residential foster care services shall prohibit
contractors from denying a referral for placement of a youth, or terminating a
youth s placement, if the youth s assessed treatment needs are in alignment
with the facility s residential program type, as identified by the court or the
department. In addition, the master contract shall require that youth placed in
juvenile justice residential foster care facilities must have regularly
scheduled treatment sessions with a licensed psychologist or psychiatrist, or
both, and access to the licensed psychologist or psychiatrist as needed.
FIELD OPERATIONS AND SUPPORT SERVICES
Sec. 807. From the funds
appropriated in part 1 for Elder Law of Michigan MiCAFE contract, the
department shall allocate not less than $350,000.00 to the Elder Law of
Michigan MiCAFE to assist this state s elderly population in participating in
the food assistance program. Of the $350,000.00 allocated under this section,
the department shall use $175,000.00, which are general fund/general purpose
funds, as state matching funds for not less than $175,000.00 in United States
Department of Agriculture funding to provide outreach program activities, such
as eligibility screening and information services, as part of a statewide food
assistance hotline.
Sec. 808. By March 1 of the
current fiscal year, the department shall provide a report to the senate and
house appropriations subcommittees on the department budget, the senate and
house fiscal agencies, the senate and house policy offices, and the state
budget office on the nutrition education program. The report shall include
requirements made by the agriculture improvement act of 2018, Public Law
115-334, such as how the department shall use an electronic reporting system to
evaluate projects and an accounting of allowable state agency administrative
costs. The report shall also include documentation of the steps the department
shall take to ensure that projects and subgrantee programs are evidence-based,
appropriated for, and meet the criteria for eligible individuals as defined in section 2036a(a)
of the food and nutrition act, 7 USC 2036, and quantitative evidence that
the programs contribute to a reduction in obesity or an increase in the
consumption of healthy foods. Additionally, the report shall include planned
allocation and actual expenditures for the supplemental nutrition assistance
program education funding, planned and actual grant amounts for the
supplemental nutrition assistance program education funding, the total amount
of expected carryforward balance at the end of the current fiscal year for the
supplemental nutrition assistance program education funding and for each
subgrantee program, a list of all supplemental nutrition assistance program
education funding programs by implementing agency, and the stated purpose of
each of the programs and each of the subgrantee programs.
Sec. 809. (1) The purpose of the
pathways to potential program is to reduce chronic absenteeism and decrease the
number of students who repeat grades for schools that are current or future
participants in the pathways to potential program. Before any deployment of
resources into a participant school, the department and the participant school
shall establish performance objectives for each participant school based on a 2‑year
baseline prior to pathways to potential being established in the participant
school and shall evaluate the progress made in the above categories from the
established baseline. By March 1 of the current fiscal year, the department
shall provide to the senate and house appropriations subcommittees on the
department budget, the senate and house fiscal agencies, and the senate and
house policy offices a report listing all participant schools, the number of
staff assigned to each school by participant school, and the percentage of
participating schools that achieved improved performance in each of the 2
outcomes listed above compared to the previous year, by each individual
outcome. It is the intent of the legislature that after a 2-year period without
attaining an increase in success in meeting the 2 listed outcomes from the
established baseline, the department shall work with the participant school to
examine the cause of the lack of progress and shall seek to implement a plan to
increase success in meeting the identified outcomes. It is the intent of the
legislature that progress or the lack of progress made in meeting the
performance objectives shall be used as a determinant in future pathways to
potential resource allocation decisions.
(2) As used
in this section, baseline means the initial set of data from the center for
educational performance and information in the department of technology, management, and budget
of the 2 measured outcomes as described in subsection (1).
Sec. 825. From the funds
appropriated in part 1, the department shall provide individuals not more than
$500.00 for vehicle repairs, including any repairs done in the previous 12
months. However, the department may in its discretion pay for repairs up to
$900.00. Payments under this section shall include the combined total of
payments made by the department and work participation program.
Sec. 850. (1) The department
shall maintain out-stationed eligibility specialists in community-based organizations,
community mental health agencies, nursing homes, adult placement and
independent living settings, federally qualified health centers, and hospitals
unless a community-based organization, community mental health agency, nursing
home, adult placement and independent living setting, federally qualified
health centers, or hospital requests that the program be discontinued at its
facility.
(2) From the funds appropriated
in part 1 for donated funds positions, the department shall enter into
contracts with agencies that are able and eligible under federal law to provide
the required matching funds for federal funding, as determined by federal
statute and regulations.
(3) A contract for an assistance
payments donated funds position must include, but not be limited to, the
following performance metrics:
(a) Meeting a standard of
promptness for processing applications for Medicaid and other public assistance
programs under state law.
(b) Meeting required standards
for error rates in determining programmatic eligibility as determined by the
department.
(4) The department shall only
fill additional donated funds positions after a new contract has been signed.
That position shall also be abolished when the contract expires or is
terminated.
(5) The department shall
classify as limited-term FTEs any new employees who are hired to fulfill the
donated funds position contracts or are hired to fill any vacancies from
employees who transferred to a donated funds position.
(6) By March 1 of the current
fiscal year, the department shall submit a report to the senate and house
appropriations subcommittees on the department budget, the senate and house
fiscal agencies and policy offices, and the state budget office detailing
information on the donated funds positions, including the total number of
occupied positions, the total private contribution of the positions, and the
total cost to the state for any nonsalary expenditure for the donated funds
position employees.
Sec. 851. (1) From the funds
appropriated in part 1 for adult services field staff, the department shall
seek to reduce the number of older adults who are victims of crime and fraud by
increasing the standard of promptness in every county, as measured by
commencing an investigation within 24 hours after a report is made to the
department, establishing face-to-face contact with the client within 72 hours
after a report is made to the department,
and completing the investigation within 30 days after a report is made to the
department.
(2) The department shall report
no later than March 1 of the current fiscal year to the house and senate
appropriations subcommittees on the department budget, the house and senate
fiscal agencies, and the house and senate policy offices on the services
provided to older adults who were victims of crime or fraud in the previous
fiscal year. The report shall include, but is not limited to, the following by
county: the percentage of investigations
commenced within 24 hours after a report is made to the department, the number
of face‑to‑face contacts established with the client within
72 hours after a report is made to the department, the number of investigations
completed within 30 days after a report is made to the department, and the
total number of older adults that were victims of crime or fraud in the
previous fiscal year and were provided services by the department as a result
of being victims of crime or fraud.
DISABILITY DETERMINATION SERVICES
Sec. 890. From the funds
appropriated in part 1 for disability determination services, the department
shall maintain the unit rates in effect on September 30, 2019 for medical
consultants performing disability determination services, including physicians,
psychologists, and speech-language pathologists.
BEHAVIORAL HEALTH SERVICES ADMINISTRATION AND SPECIAL PROJECTS
Sec. 901. Except for the pilot
projects and demonstration models described in section 298 of this part,
the funds appropriated in part 1 are intended to support a system of
comprehensive community mental health services under the full authority and
responsibility of local CMHSPs or PIHPs in accordance with the mental health
code, 1974 PA 258, MCL 330.1001 to 330.2106, the Medicaid provider manual,
federal Medicaid waivers, and all other applicable federal and state laws.
Sec. 902. (1) Except for the
pilot projects and demonstration models described in section 298 of this
part, from the funds appropriated in part 1, final authorizations to CMHSPs or
PIHPs shall be made upon the execution of contracts between the department and
CMHSPs or PIHPs. The contracts shall contain an approved plan and budget as
well as policies and procedures governing the obligations and responsibilities
of both parties to the contracts. Each contract with a CMHSP or PIHP that the
department is authorized to enter into under this subsection shall include
a provision that the contract is not valid unless the total dollar obligation
for all of the contracts between the department and the CMHSPs or PIHPs entered
into under this subsection for the current fiscal year does not exceed the
amount of money appropriated in part 1 for the contracts authorized under this
subsection.
(2) The department shall
immediately report to the senate and house appropriations subcommittees on the
department budget, the senate and house fiscal agencies, and the state budget
director if either of the following occurs:
(a) Any new contracts the
department has entered into with CMHSPs or PIHPs that would affect rates or
expenditures.
(b) Any amendments to contracts the
department has entered into with CMHSPs or PIHPs that would affect rates or
expenditures.
(3) The report required by subsection (2)
shall include information about the changes and their effects on rates and
expenditures.
Sec. 904. (1) By May 31 of the
current fiscal year, the department shall provide a report on the CMHSPs,
PIHPs, and designated regional entities for substance use disorder prevention
and treatment to the members of the house and senate appropriations
subcommittees on the department budget, the house and senate fiscal agencies,
and the state budget director that includes the information required by this
section.
(2) The report shall contain
information for each CMHSP, PIHP, and designated regional entity for substance
use disorder prevention and treatment, and a statewide summary, each of which
shall include at least the following information:
(a) A demographic description of
service recipients that, minimally, shall include reimbursement eligibility,
client population, age, ethnicity, housing arrangements, and diagnosis.
(b) Per capita expenditures in
total and by client population group and cultural and ethnic groups of the
services area, including the deaf and hard of hearing population.
(c) Financial information that,
minimally, includes a description of funding authorized; expenditures by
diagnosis group, service category, and reimbursement eligibility; and cost
information by Medicaid, Healthy Michigan plan, state appropriated non-Medicaid
mental health services, local funding, and other fund sources, including
administration and funds specified for all outside contracts for services and
products. Financial information must include the amount of funding, from each
fund source, used to cover clinical services and supports. Service category
includes all department-approved services.
(d) Data describing service
outcomes that include, but are not limited to, an evaluation of consumer satisfaction, consumer choice, and quality of life
concerns including, but not limited to, housing and employment.
(e) Information about access to
CMHSPs and designated regional entities for substance use disorder prevention
and treatment that includes, but is not limited to, the following:
(i) The number of people receiving requested services.
(ii) The number of people who requested services but did not receive
services.
(f) The number of second
opinions requested under the mental health code, 1974 PA 258, MCL 330.1001
to 330.2106, and the determination of any appeals.
(g) Lapses and carryforwards during
the previous fiscal year for CMHSPs, PIHPs, and designated regional entities
for substance use disorder prevention and treatment.
(h) Performance indicator
information required to be submitted to the department in the contracts with
CMHSPs, PIHPs, and designated regional entities for substance use disorder
prevention and treatment.
(i) Administrative expenditures
of each CMHSP, PIHP, and designated regional entity for substance use disorder
prevention and treatment that include a breakout of the salary, benefits, and
pension of each executive-level staff and shall include the director, chief
executive, and chief operating officers and other members identified as
executive staff.
(3) The report shall contain the
following information from the previous fiscal year on substance use disorder
prevention, education, and treatment programs:
(a) Expenditures stratified by
department-designated community mental health entity, by central diagnosis and
referral agency, by fund source, by subcontractor, by population served, and by
service type.
(b) Expenditures per state
client, with data on the distribution of expenditures reported using a
histogram approach.
(c) Number of services provided
by central diagnosis and referral agency, by subcontractor, and by service
type. Additionally, data on length of stay, referral source, and participation
in other state programs.
(d) Collections from other
first- or third-party payers, private donations, or other state or local
programs, by department-designated community mental health entity, by
subcontractor, by population served, and by service type.
(4) The department shall include
data reporting requirements listed in subsections (2) and (3) in the annual
contract with each individual CMHSP, PIHP, and designated regional entity for
substance use disorder treatment and prevention.
(5) The department shall take
all reasonable actions to ensure that the data required are complete and
consistent among all CMHSPs, PIHPs, and designated regional entities for substance
use disorder prevention and treatment.
Sec. 905. (1) From the funds
appropriated in part 1 for behavioral health program administration, the
department shall maintain a psychiatric transitional unit and children s
transition support team. These services will augment the continuum of
behavioral health services for high-need youth and provide additional
continuity of care and transition into supportive community-based services.
(2) Outcomes and performance
measures for this initiative include, but are not limited to, the following:
(a) The rate of
rehospitalization for youth served through the program at 30 and 180 days.
(b) Measured change in the Child
and Adolescent Functional Assessment Scale for children served through the
program.
Sec. 907. (1) The amount
appropriated in part 1 for community substance use disorder prevention,
education, and treatment shall be expended to coordinate care and services
provided to individuals with severe and persistent mental illness and substance
use disorder diagnoses.
(2) The department shall approve
managing entity fee schedules for providing substance use disorder services and
charge participants in accordance with their ability to pay.
(3) The managing entity shall
continue current efforts to collaborate on the delivery of services to those
clients with mental illness and substance use disorder diagnoses with the goal
of providing services in an administratively efficient manner.
Sec. 909. From the funds
appropriated in part 1 for community substance use disorder prevention,
education, and treatment, the department shall use available revenue from the
marihuana regulatory fund established in section 604 of the medical
marihuana facilities licensing act, 2016 PA 281, MCL 333.27604, to improve
physical health; expand access to substance use disorder prevention and
treatment services; and strengthen the existing prevention, treatment, and
recovery systems.
Sec. 910. The department shall
ensure that substance use disorder treatment is provided to applicants and
recipients of public assistance through the department who are required to
obtain substance use disorder treatment as a condition of eligibility for
public assistance.
Sec. 911. (1) The department
shall ensure that each contract with a CMHSP or PIHP requires the CMHSP or PIHP
to implement programs to encourage diversion of individuals with serious mental
illness, serious emotional disturbance, or developmental disability from
possible jail incarceration when appropriate.
(2) Each CMHSP or PIHP shall have
jail diversion services and shall work toward establishing working
relationships with representative staff of local law enforcement agencies,
including county prosecutors offices, county sheriffs offices, county jails,
municipal police agencies, municipal detention facilities, and the courts.
Written interagency agreements describing what services each participating
agency is prepared to commit to the local jail diversion effort and the
procedures to be used by local law enforcement agencies to access mental health
jail diversion services are strongly encouraged.
Sec. 912. The department shall
contract directly with the Salvation Army Harbor Light program to provide
non-Medicaid substance use disorder services if the local coordinating agency
or the department confirms the Salvation Army Harbor Light program meets the
standard of care. The standard of care shall include, but is not limited to,
utilization of the medication assisted treatment option.
Sec. 915. (1) By March 1 of the
current fiscal year, the department shall report the following information on
the mental health and wellness commission to the house and senate
appropriations subcommittees on the department budget, the house and senate
fiscal agencies, the house and senate policy offices, and the state budget
office:
(a) Previous fiscal year
expenditures by actionable recommendation of the mental health and wellness
commission.
(b) Programs utilized during the
previous fiscal year to address each actionable recommendation of the mental
health and wellness commission.
(c)
Outcomes and performance measures achieved during the previous fiscal year by
actionable recommendation of the mental health and wellness commission.
(d) Current fiscal year funding
by actionable recommendation of the mental health and wellness commission.
(e) Current fiscal year funding
by program utilized to address each actionable recommendation of the mental
health and wellness commission.
(2) By April 1 of the current
fiscal year, the department shall report on funding within the executive budget
proposal for the fiscal year ending September 30, 2021, by actionable
recommendation of the mental health and wellness commission to the same report
recipients listed in subsection (1).
Sec. 918. On or before the
twenty-fifth of each month, the department shall report to the senate and house
appropriations subcommittees on the department budget, the senate and house
fiscal agencies, and the state budget director on the amount of funding paid to
PIHPs to support the Medicaid managed mental health care program in the
preceding month. The information shall include the total paid to each PIHP, per
capita rate paid for each eligibility group for each PIHP, and number of cases
in each eligibility group for each PIHP, and year-to-date summary of eligibles
and expenditures for the Medicaid managed mental health care program.
Sec. 920. (1) As part of the
Medicaid rate-setting process for behavioral health services, the department shall work with PIHP network providers and
actuaries to include any state and federal wage and compensation
increases that directly impact staff who provide Medicaid-funded community
living supports, personal care services, respite services, skill-building
services, and other similar supports and services as part of the Medicaid rate.
(2) It is the intent of the
legislature that any increased Medicaid rate related to state minimum wage
increases shall also be distributed to direct care employees.
Sec. 924. From the funds
appropriated in part 1 for autism services, for the purposes of actuarially
sound rate certification and approval for Medicaid behavioral health managed
care programs, the department shall maintain a fee schedule for autism services
reimbursement rates for direct services. Expenditures used for rate setting
shall not exceed those identified in the fee schedule. The rates for behavioral
technicians shall not be more than $55.00 per hour.
Sec. 926. (1) From the funds
appropriated in part 1 for community substance use disorder prevention, education,
and treatment, $500,000.00 is allocated for a specialized substance use
disorder detoxification pilot project administered by a 9-1-1 service district
in conjunction with a substance use and case management provider and at a
hospital in a city with a population between 95,000 and 97,000 according to the
most recent decennial census within a county with a population of at least
1,500,000 according to the most recent decennial census. The hospital must have
a wing with at least 10 beds dedicated to stabilizing patients suffering from
addiction by providing a specialized trauma therapist as well as a peer support
specialist to assist with treatment and counseling.
(2) From the funds appropriated in
part 1 for community substance use disorder prevention, education, and
treatment, $500,000.00 is allocated for a specialized substance use disorder
detoxification pilot project administered by a nonprofit hospital in a city
with a population between 185,000 and 190,000 according to the most recent
decennial census within a county with a population between 600,000 and 605,000
according to the most recent decennial census. The hospital must have a wing
with at least 3 beds dedicated to stabilizing patients suffering from addiction
by providing a specialized trauma therapist as well as a peer support
specialist to assist with treatment and counseling.
(3) The substance use and case
management providers receiving funds under this section shall collect and
submit to the department data on the outcomes of the pilot project throughout
the duration of the pilot project and shall provide a report on the pilot
project s outcomes to the house and senate appropriations subcommittees on the
department budget, the house and senate fiscal agencies, and the state budget office.
Sec. 927. The department shall
determine what steps are necessary to allow a behavioral health services
provider operating in multiple counties to utilize a single audit or
consolidate audits, in whole or in part, in order to reduce the administrative
and financial burden on both the service provider and the department. The
department shall submit a report identifying potential barriers and solutions
to the senate and house appropriations subcommittees on the department budget,
the senate and house fiscal agencies, the senate and house policy offices, and
the state budget office by December 31 of the current fiscal year.
Sec. 928. (1) Each PIHP shall
provide, from internal resources, local funds to be used as a part of the state
match required under the Medicaid program in order to increase capitation rates
for PIHPs. These funds shall not include either state funds received by a CMHSP
for services provided to non-Medicaid recipients or the state matching portion
of the Medicaid capitation payments made to a PIHP.
(2) It is the intent of the
legislature that any funds that lapse from the funds appropriated in part 1 for
Medicaid mental health services shall be redistributed to individual CMHSPs as
a reimbursement of local funds on a proportional basis to those CMHSPs whose
local funds were used as state Medicaid match. By April 1 of the current fiscal
year, the department shall report to the senate and house appropriations
subcommittees on the department budget, the senate and house fiscal agencies, the
senate and house policy offices, and the state budget office on the lapse by
PIHP from the previous fiscal year and the projected lapse by PIHP in the
current fiscal year.
(3) It is the intent of the
legislature that the amount of local funds used in subsection (1) be
phased out and offset with state general fund/general purpose revenue in equal
amounts over a 5-year period.
(4) Until the local funds are
phased out as described in subsection (3), each PIHP shall not be required
to provide local funds, used as part of the state match required under the
Medicaid program in order to increase capitation rates for PIHPs, at an amount
greater than what each PIHP received from local units of government during the
fiscal year ending September 30, 2018 for this purpose.
Sec. 935. A county required under
the provisions of the mental health code, 1974 PA 258,
Sec. 940. (1) According to section 236
of the mental health code, 1974 PA 258, MCL 330.1236, the department shall
do both of the following:
(a) Review expenditures for each
CMHSP to identify CMHSPs with projected allocation surpluses and to identify
CMHSPs with projected allocation shortfalls. The department shall encourage the
board of a CMHSP with a projected allocation surplus to concur with the
department s recommendation to reallocate those funds to CMHSPs with projected
allocation shortfalls.
(b) Withdraw unspent funds that
have been allocated to a CMHSP if other reallocated funds were expended in a
manner not provided for in the approved contract, including expending funds on
services and programs provided to individuals residing outside of the CMHSP s
geographic region.
(2) A CMHSP that has its funding
allocation transferred out or withdrawn during the current fiscal year as
described in subsection (1) is not eligible for any additional funding
reallocations during the remainder of the current fiscal year, unless that
CMHSP is responding to a public health emergency as determined by the
department.
(3) CMHSPs shall report to the
department on any proposed reallocations described in this section at
least 30 days before any reallocations take effect.
(4) The department shall notify
the chairs of the appropriation subcommittees on the department budget when a
request is made and when the department grants approval for reallocation or
withdraw as described in subsection (1). By September 30 of the current
fiscal year, the department shall provide a report on the amount of funding
reallocated or withdrawn to the senate and house appropriations subcommittees
on the department budget, the senate and house fiscal agencies, the senate and
house policy offices, and the state budget office.
Sec. 942. A CMHSP shall provide
at least 30 days notice before reducing, terminating, or suspending services
provided by a CMHSP to CMHSP clients, with the exception of services authorized
by a physician that no longer meet established criteria for medical necessity.
Sec. 950. From the funds
appropriated in part 1 for court-appointed guardian reimbursements, the
department shall allocate not more than $2,700,000.00 to reimburse
court-appointed public guardians for recipients who also receive CMHSP services
at a reimbursement of $50.00 per month. It is the intent of the legislature
that these funds be used in addition to any other funds currently paid to
court-appointed public guardians, but a court-appointed public guardian shall
not be compensated more than $83.00 per month for any CMHSP eligible recipients
regardless of funding source. By September 15 of the current fiscal year, the
department shall provide a report to the house and senate appropriations
subcommittees on the department budget, the house and senate fiscal agencies,
the house and senate policy offices, and the state budget office on the number
of court-appointed public guardians who received these funds, the number of
court-appointed public guardians who were also reimbursed by the counties, and
the per-month reimbursement rates provided by the counties.
Sec. 959. (1) The department
shall continue to convene a workgroup in collaboration with the chairs of the
house and senate appropriations subcommittees on the department budget or their
designees, CMHSP members, autism services provider clinical and administrative
staff, community members, Medicaid autism services clients, and family members
of Medicaid autism services clients to make recommendations to ensure
appropriate cost and service provision, including, but not limited to, the
following:
(a) Ways to prevent fraud and
overdiagnosis.
(b) Comparison of Medicaid rates
for autism services to commercial insurance rates.
(c) Comparison of diagnosis
process between Medicaid, Tricare, and commercial insurance.
(d) Comparison of the state s
Medicaid autism benefit to current best practices in autism treatment.
(e) Comparison of the state s
autism applied behavior analysis (ABA) outcomes with other states. Outcomes to
be compared must include, but are not limited to, the following:
(i) Number of children enrolled in ABA therapy.
(ii) Number of children enrolled in non-ABA interventions.
(iii) ABA benefit utilization and cost per child.
(iv) Average length of time children enrolled in ABA therapy receive
ABA therapy.
(v) Short- and long-term outcomes for children enrolled in both ABA
therapy and non-ABA interventions.
(f) Evaluation of the diagnostic
and outcome factors cited by the autism diagnostic and therapy recommendation
pilot project described in section 458 of 2018 PA 618.
(2) By March 1 of the current
fiscal year, the department shall provide an update on the workgroup s
recommendations to the senate and house appropriations subcommittees on the
department budget, the senate and house fiscal agencies, and the state budget
office.
Sec. 960. (1) From the funds
appropriated in part 1 for autism services, the department shall continue to
cover all Medicaid autism services to Medicaid enrollees eligible for the
services that were covered on January 1, 2019.
(2) To restrain cost increases
in the autism services line item, the department shall do all of the following:
(a) Develop and
implement specific written guidance for standardization of Medicaid PIHPs and
CMHSPs autism spectrum disorder administrative services, including, but not
limited to, reporting requirements, coding, and reciprocity of credentialing
and training between PIHPs and CMHSPs to reduce administrative duplication at
the PIHP, CMHSP, and service provider levels.
(b) Develop and
implement recommended autism diagnosis improvements as determined by the study
required under section 458 of 2018 PA 618 to provide for fidelity
reviews and secondary approvals of diagnostic and therapy recommendations for
children receiving Medicaid who are evaluated for autism services. The
department must consider the following when developing their recommendations:
(i) Requiring consultation with the client s diagnostician and CMHSP
to approve the client s ongoing therapy every 6 months if the initial treatment
would cost more than a monthly threshold amount to be specified by the
department.
(ii) Limiting the authority to perform a diagnostic evaluation for
Medicaid autism services to qualified licensed practitioners. Qualified
licensed practitioners are limited to the following:
(A) A physician with a specialty
in psychiatry or neurology.
(B) A physician with a subspecialty
in developmental pediatrics, development-behavioral pediatrics, or a related
discipline.
(C) A physician with a specialty
in pediatrics or other appropriate specialty with training, experience, or
expertise in autism spectrum disorders or behavioral health.
(D) A psychologist with a specialty in clinical child psychology, behavioral and
cognitive psychology, or clinical neuropsychology, or other appropriate
specialty with training, experience, or expertise in autism spectrum disorders
or behavioral health.
(E) A clinical social worker
working within his or her scope of practice who is qualified and experienced in
diagnosing autism spectrum disorders.
(F) An advanced
practice registered nurse with training, experience, or expertise in autism
spectrum disorders or behavioral health.
(G) A physician
assistant with training, experience, or expertise in autism spectrum disorders
or behavioral health.
(iii) Requiring that diagnoses made by a clinical social worker must
be approved by another qualified licensed practitioner who is not a clinical
social worker.
(iv) Requiring that a client whose initial diagnosis was performed
by a nurse practitioner or a clinical social worker
and who requires at least 20 hours a week of therapy must go through a
rediagnosis by a multidisciplinary team.
(v) Prohibiting CMHSPs from allowing specific providers to provide
both diagnosis and treatment services to individual clients.
(c) Coordinate with the
department of insurance and financial services oversight for compliance with
the Paul Wellstone and Pete Domenici mental health parity and addiction equity
act of 2008, Public Law 110‑343, as it relates to autism spectrum
disorder services, to ensure appropriate cost sharing between public and
private payers.
(3) By March 1 of the current
fiscal year, the department shall identify a definition of administrative costs
for the Medicaid autism benefit and report to the senate and house
appropriations subcommittees on the department budget, the senate and house fiscal
agencies, the senate and house policy offices, and the state budget office on
what the definition of administrative costs for the Medicaid autism benefit is;
total autism services spending broken down by PIHP, and CMHSP for the previous
fiscal year and current fiscal year; and total administrative costs broken down
by PIHP, CMHSP, and type of administrative cost for the previous fiscal year
and current fiscal year.
Sec. 961.
From the funds appropriated in part 1 for behavioral health program administration,
the department shall allocate $150,000.00 to administer an electronic inpatient
psychiatric bed registry consistent with the requirements in section 151
of the mental health code, 1974 PA 258, MCL 330.1151.
Sec. 962. For the purposes of
special projects involving high-need children or adults, including the not
guilty by reason of insanity population, the department may contract directly
with providers of services to these identified populations.
Sec. 963. From the funds
appropriated in part 1 for court-ordered assisted outpatient treatment, up to
$1,000,000.00 shall be allocated to address the implementation of court-ordered
assisted outpatient treatment as provided under chapter 4 of the mental health
code, 1974 PA 258, MCL 330.1400 to 330.1490.
Sec. 964. The department shall
develop and implement a standardized fee schedule for all required Medicaid
behavioral health services by January 1 of the current fiscal year. The
department shall also develop and implement necessary adequacy standards for
use in all contracts with PIHPs and CMHSPs.
Sec. 965. The department shall
explore requiring that CMHSPs reimburse medication assisted treatment providers
no less than $12.00 per dose, and reimburse drug screen collection at no less
than $12.00 per manual screen.
Sec. 970. The department shall
maintain the policies in effect on October 1, 2018 for the federal home and
community-based services rule as it relates to skill building assistance
services. The skill building assistance services shall remain eligible for
federal match until March 17, 2022 as stated in the CMS informational bulletin
dated May 9, 2017. From the funds appropriated in part 1, the department shall
continue to seek federal matching funds for skill building assistance services.
Sec. 972. From the funds
appropriated in part 1 for behavioral health program administration, the
department shall allocate $2,000,000.00 general fund/general purpose revenue
and any associated federal revenue to contract for the development, operation, and
maintenance of a Michigan community, access, resources, education, and safety
(CARES) hotline consistent with the requirements in section 165 of the
mental health code, 1974 PA 258, MCL 330.1165. It is the intent of the
legislature that this hotline would be available to all residents of this
state, including those residing in rural communities.
Sec. 973. By May 1 of the current
fiscal year, the department shall provide a report to the house and senate
appropriations subcommittees on the department budget, the house and senate
fiscal agencies, the house and senate policy offices, and the state budget
office on evidence-based medically supported protocols for initiation and
withdrawal or detoxification from all treatments medically approved by the
United States Food and Drug Administration for substance use disorders. The
report shall include, but is not limited to, the following:
(a) The percentage of patients on
treatments medically approved by the United State Food and Drug Administration
for substance use disorders that are transitioned to a comprehensive relapse
prevention program that includes a monthly extended-release injectable
medication assisted treatment.
(b) Outcomes of different types of
comprehensive management programs utilized for all treatments medically
approved by the United States Food and Drug Administration for substance use
disorders.
(c) Outcomes of different types of
evidence-based medically supported protocols for withdrawal or detoxification
for all treatments medically approved by the United States Food and Drug
Administration, including a monthly extended-release injectable
medication-assisted treatment, including instances of patient deaths from
overdose that occur within 1 year after the completion of evidence-based
medically supported protocols for withdrawal or detoxification.
(d) Whether the department
recommends changes in how the department administers, whether directly or
through the PIHPs, comprehensive evidence-based treatment protocols for all
treatments medically approved by the United States Food and Drug Administration
for substance use disorders.
Sec. 974. The department and PIHPs
may allow an individual with an intellectual or developmental disability who
receives supports and services from a CMHSP to instead receive supports and
services from another provider if the individual shows that he or she is
eligible and qualified to receive supports and services from another provider.
Other providers may include, but are not limited to, MIChoice and program of
all-inclusive care for the elderly (PACE).
Sec. 977.
From the funds appropriated in part 1 for community substance use disorder
prevention, education, and treatment, $600,000.00 of federal state response to the opioid
crisis grant revenue is allocated as grants to high schools specifically
designated for students recovering from a substance use disorder to support the
costs of counselors, therapeutic staff, and recovery coaching staff, with a
priority placed on the cost of substance use disorder counselors. Each grant
shall not exceed $150,000.00 per high school.
Sec. 978. From the funds
appropriated in part 1 for community substance use disorder prevention,
education, and treatment, the department shall allocate $600,000.00 of federal
state response to the opioid crisis grant revenue to create a competitive grant
for recovery community organizations to offer or expand recovery support center
services or recovery community center services to individuals seeking long-term
recovery from substance use disorders. An organization may not receive a grant
in excess of $150,000.00. In awarding grants, priority shall be placed on
recovery community organizations that do the following:
(a) Provide recovery support
navigation that includes the following:
(i) Multiple recovery pathways.
(ii) Assisting individuals navigate recovery resources such as
detoxification, treatment, recovery housing, support groups, peer support, and
family support.
(iii) The promotion of community wellness and engagement.
(iv) Recovery advocacy that provides hope and encourages recovery.
(v) A peer-led, peer-driven organization that offers recovery to any
individual seeking recovery from addiction.
(b) Provide recovery outreach
education that includes the following:
(i) On-site recovery education in the workplace.
(ii) All staff employee meetings.
(iii) On-site support for employees and family members.
(iv) Connections for employees and family members of employees
suffering from addiction to local recovery resources such as treatment,
recovery housing, and support groups.
(v) Connections with employers to provide recovery advocacy.
(c) Provide recovery activities
and events that include the following:
(i) Safe, ongoing recovery activities and events.
(ii) Opportunities to volunteer and participate in activities and
events.
(iii) Opportunities for family members and supporters of recovery to
be involved.
(iv) Meetings and activities on nutrition, health, and wellness.
(v) Meetings and activities on mindfulness, meditation, and yoga.
Sec. 979. The department shall
review the feasibility of utilizing Medicaid funding for services provided at
adult psychiatric residential treatment facilities. By March 1 of the current
fiscal year, the department shall report its findings to the house and senate
appropriations subcommittees on the department budget, the house and senate
fiscal agencies, the house and senate policy offices, and the state budget
office.
Sec. 994. (1) By January 1 of
the current fiscal year, the department shall seek, if necessary, federal approval through either a waiver request or state
plan amendment to allow a CMHSP, PIHP, or subcontracting provider agency
that is reviewed and accredited by a national accrediting entity for behavioral
health care services to be considered in compliance with state program review
and audit requirements that are addressed and reviewed by that national
accrediting entity.
(2) By April 1 of the current
fiscal year, the department shall report to the house and senate appropriations
subcommittees on the department budget, the house and senate fiscal agencies,
and the state budget office all of the following:
(a) The status of the federal
approval process required in subsection (1).
(b) A list of each CMHSP, PIHP,
and subcontracting provider agency that is considered to be in compliance with
state program review and audit requirements under subsection (1).
(c) For each CMHSP, PIHP, or
subcontracting provider agency described in subdivision (b), both of the following:
(i) The state program review and audit requirements that the CMHSP,
PIHP, or subcontracting provider agency is considered to be in compliance with.
(ii) The national accrediting entity that reviewed and accredited
the CMHSP, PIHP, or subcontracting provider agency.
(3) The department shall
continue to comply with state and federal law and shall not initiate an action
that negatively impacts beneficiary safety. Any cost savings attributed to this
action shall be reinvested back into services.
(4) As used in this section, national
accrediting entity means the Joint Commission, formerly known as the Joint
Commission on Accreditation of Healthcare Organizations, the Commission on
Accreditation of Rehabilitation Facilities, the Council on Accreditation, the
URAC, formerly known as the Utilization Review Accreditation Commission, the
National Committee for Quality Assurance, or another appropriate entity, as
approved by the department.
Sec. 995. From the funds
appropriated in part 1 for mental health diversion council, $4,350,000.00 is
intended to address the recommendations of the mental health diversion council.
Sec. 996. From the funds
appropriated in part 1 for family support subsidy, the department shall make
monthly payments of $229.31 to the parents or legal guardians of children
approved for the family support subsidy by a CMHSP.
Sec. 997. The population data
used in determining the distribution of substance use disorder block grant
funds shall be from the most recent federal census.
Sec. 998. For distribution of
state general funds to CMHSPs, if the department decides to use census data,
the department shall use the most recent federal census data available.
Sec. 999. Within 30 days after
the completion of a statewide PIHP reimbursement audit, the department shall
provide the audit report to the house and senate appropriations subcommittees
on the department budget, the house and senate fiscal agencies, the house and
senate policy offices, and the state budget office.
BEHAVIORAL HEALTH SERVICES
Sec. 1001. By December 31 of the
current fiscal year, each CMHSP shall submit a report to the department that
identifies populations being served by the CMHSP broken down by program
eligibility category. The report shall also include the percentage of the
operational budget that is related to program eligibility enrollment. By
February 15 of the current fiscal year, the department shall submit the report
described in this section to the senate and house appropriations
subcommittees on the department budget, the senate and house fiscal agencies,
the senate and house policy offices, and the state budget office.
Sec. 1003. The department shall
notify the Community Mental Health Association of Michigan when developing
policies and procedures that will impact PIHPs or CMHSPs.
Sec. 1004. The department shall
provide the senate and house appropriations subcommittees on the department
budget, the senate and house fiscal agencies, and the state budget office any
rebased formula changes to either Medicaid behavioral health services or
non-Medicaid mental health services 90 days before implementation. The
notification shall include a table showing the changes in funding allocation by
PIHP for Medicaid behavioral health services or by CMHSP for non-Medicaid mental
health services.
Sec. 1008. PIHPs and CMHSPs
shall do all of the following:
(a) Work to reduce
administration costs by ensuring that PIHP and CMHSP responsible functions are
efficient in allowing optimal transition of dollars to those direct services considered
most effective in assisting individuals
served. Any consolidation of administrative functions must demonstrate, by
independent analysis, a reduction in dollars spent on administration
resulting in greater dollars spent on direct services. Savings resulting from
increased efficiencies shall not be applied to PIHP and CMHSP net assets,
internal service fund increases, building costs, increases in the number of
PIHP and CMHSP personnel, or other areas not directly related to the delivery
of improved services.
(b) Take an active role in
managing mental health care by ensuring consistent and high-quality service
delivery throughout its network and promote a conflict-free care management
environment.
(c) Ensure that direct service
rate variances are related to the level of need or other quantifiable measures
to ensure that the most money possible reaches direct services.
(d) Whenever possible, promote
fair and adequate direct care reimbursement, including fair wages for direct
service workers.
Sec. 1009. (1) From the funds
appropriated in part 1 for Medicaid mental health services and Healthy Michigan
plan - behavioral health, the department shall maintain the hourly wage for
direct care workers from the previous fiscal year. Funds provided in this section must
be utilized by a PIHP to maintain the wage increase for direct care worker
wages, for the employer s share of federal insurance contributions act costs,
purchasing worker s compensation insurance, or the employer s share of
unemployment costs.
(2) Each PIHP shall report to
the department by February 1 of the current fiscal year the range of wages paid
to direct care workers, including information on the number of direct care
workers at each wage level.
(3) The department shall report
the information required to be reported according to subsection (2) to the
senate and house appropriations subcommittees on the department budget, the
senate and house fiscal agencies, the senate
and house policy offices, and the state budget office by March 1 of the current
fiscal year.
Sec. 1010. The funds
appropriated in part 1 for behavioral health community supports and services
must be used to expand assertive community treatment (ACT), forensic assertive
community treatment (FACT), and supportive housing and residential programs for
the purpose of reducing waiting lists at state-operated hospitals and centers
through cost-effective community-based services.
STATE PSYCHIATRIC HOSPITALS AND FORENSIC MENTAL HEALTH SERVICES
Sec. 1051. The department shall
continue a revenue recapture project to generate additional revenues from third
parties related to cases that have been closed or are inactive. A portion of
revenues collected through project efforts may be used for departmental costs
and contractual fees associated with these retroactive collections and to
improve ongoing departmental reimbursement management functions.
Sec. 1052. The purpose of gifts
and bequests for patient living and treatment environments is to use additional
private funds to provide specific enhancements for individuals residing at
state-operated facilities. Use of the gifts and bequests shall be consistent
with the stipulation of the donor. The expected completion date for the use of
gifts and bequests donations is within 3 years unless otherwise stipulated by
the donor.
Sec. 1053. The funds
appropriated in part 1 for behavioral health facility contingency 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. 1055. (1) The department
shall not implement any closures or consolidations of state hospitals, centers,
or agencies until CMHSPs or PIHPs have programs and services in place for those
individuals currently in those facilities and a plan for service provision for
those individuals who would have been admitted to those facilities.
(2) All closures or
consolidations are dependent upon adequate department-approved CMHSP and PIHP
plans that include a discharge and aftercare plan for each individual currently
in the facility. A discharge and aftercare plan shall address the individual s
housing needs. A homeless shelter or similar temporary shelter arrangements are
inadequate to meet the individual s housing needs.
(3) Four months after the
certification of closure required in section 19(6) of the state employees
retirement act, 1943 PA 240,
(4) Upon the closure of
state-run operations and after transitional costs have been paid, the remaining
balances of funds appropriated for that operation shall be transferred to
CMHSPs or PIHPs responsible for providing services for individuals previously
served by the operations.
Sec. 1056. The department may
collect revenue for patient reimbursement from first- and third-party payers,
including Medicaid and local county CMHSP payers, to cover the cost of placement
in state hospitals and centers. The department is authorized to adjust
financing sources for patient reimbursement based on actual revenues earned. If
the revenue collected exceeds current year expenditures, the revenue may be
carried forward with approval of the state budget director. The revenue carried
forward shall be used as a first source of funds in the subsequent year.
Sec. 1057. From the funds
appropriated in part 1 for Kalamazoo Psychiatric Hospital, the department shall
appropriate $1,000,000.00 to hire additional staff at the Kalamazoo Psychiatric
Hospital.
Sec. 1058. Effective October 1
of the current fiscal year, the department, in consultation with the department
of technology, management, and budget, may maintain a bid process to identify 1
or more private contractors to provide food service and custodial services for
the administrative areas at any state hospital identified by the department as
capable of generating savings through the outsourcing of such services.
Sec. 1059. (1) The department shall identify specific outcomes and
performance measures for state‑operated hospitals and centers,
including, but not limited to, the following:
(a) The average wait time for
persons determined incompetent to stand trial before admission to the center
for forensic psychiatry.
(b) The average wait time for
persons determined incompetent to stand trial before admission to other
state-operated psychiatric facilities.
(c) The number of persons
waiting to receive services at the center for forensic psychiatry.
(d) The number of persons
waiting to receive services at other state-operated hospitals and centers.
(e) The number of persons
determined not guilty by reason of insanity or incompetent to stand trial by an
order of a probate court that have been determined to be ready for discharge to
the community, and the average wait time between being determined to be ready
for discharge to the community and actual community placement.
(f) The number of persons denied
services at the center for forensic psychiatry.
(g) The number of person denied
services at other state-operated hospitals and centers.
(2) By March 1 of the current
fiscal year, the department shall report to the house and senate appropriations
subcommittees on the department budget, the house and senate fiscal agencies,
the house and senate policy offices, and the state budget office on the
outcomes and performance measures in subsection (1).
Sec. 1060. (1) The department
shall continue to convene a workgroup that meets at least quarterly in
collaboration with the chairs of the house and senate appropriations
subcommittees on the department budget or their designees, labor union
representation, civil service, and any other appropriate parties to recommend
solutions to address mandatory overtime, staff turnover, and staff retention at
the state psychiatric hospitals and centers, including, but not limited to,
permitting retired workers to return, permitting 12-hour shifts, and permitting
hiring of part-time workers.
(2) By March 1 of the current
fiscal year, the department shall provide a status update on the department s
implementation of the workgroup s recommendations to the senate and house
appropriations subcommittees on the department budget, the senate and house
fiscal agencies, and the state budget office. The report shall include, but is
not limited to, the following:
(a) Descriptions of the measures
being implemented.
(b) Descriptions of the measures
not being implemented and barriers preventing implementation.
(c) The number of direct care
and clinical staff positions that are currently vacant by hospital.
(d) A breakdown of voluntary and
mandatory overtime hours worked by position and by hospital.
(e) The ranges of wages paid by
position and by hospital.
Sec. 1061. The funds
appropriated in part 1 for Caro Regional Mental Health Center shall only be
utilized to support a psychiatric hospital located at its current location. It
is the intent of the legislature that the Caro Regional Mental Health Center
shall remain open and operational at its current location on an ongoing basis.
Capital outlay funding shall be utilized for planning and construction of a new
or updated facility at the current location instead of at a new location.
HEALTH AND HUMAN SERVICES POLICY AND INITIATIVES
Sec. 1140. From the funds
appropriated in part 1 for primary care services, $400,000.00 shall be
allocated to free health clinics operating in the state. The department shall
distribute the funds equally to each free health clinic. For the purpose of
this appropriation, free health clinics means nonprofit organizations that
use volunteer health professionals to provide care to uninsured individuals.
Sec. 1141. From the funds
appropriated in part 1 for Michigan essential health provider, $1,000,000.00 of
general fund/general purpose revenue shall be appropriated to assist in the
repayment of a medical education loan for a participating physician who enters
into a contract to work with an employer for no less than 2 years in a
federally designated health provider shortage area with a population no greater
than 40,000 according to the most recent decennial census.
Sec. 1142. The department shall
continue to seek means to increase retention of Michigan medical school students
for completion of their primary care residency requirements within this state
and ultimately, for some period of time, to remain in this state and serve as
primary care physicians. The department is encouraged to work with Michigan
institutions of higher education.
Sec. 1143. From the funds
appropriated in part 1 for primary care services, the department shall
allocate no less than $675,000.00 for island primary health care access and
services including island clinics, in the following amounts:
(a) Beaver Island, $250,000.00.
(b) Mackinac Island,
$250,000.00.
(c) Drummond Island,
$150,000.00.
(d) Bois Blanc Island,
$25,000.00.
Sec. 1144. (1) From the funds
appropriated in part 1 for health policy administration, the department shall
allocate the federal state innovation model grant funding that supports
implementation of the health delivery system innovations detailed in this state s
Reinventing Michigan s Health Care System: Blueprint for Health Innovation
document. This initiative will test new payment methodologies, support improved
population health outcomes, and support improved infrastructure for technology
and data sharing and reporting. The funds will be used to provide financial
support directly to regions participating in the model test and to support
statewide stakeholder guidance and technical support.
(2) Outcomes and performance
measures for the initiative under subsection (1) include, but are not
limited to, the following:
(a) Increasing the number of
physician practices fulfilling patient-centered medical home functions.
(b) Reducing inappropriate
health utilization, specifically reducing preventable emergency department
visits, reducing the proportion of hospitalizations for ambulatory sensitive
conditions, and reducing this state s 30-day hospital readmission rate.
(3) On a semiannual basis, the
department shall submit a written report to the house and senate appropriations
subcommittees on the department budget, the house and senate fiscal agencies,
and the state budget office on the status of the program and progress made
since the prior report.
(4) From the funds appropriated
in part 1 for health policy administration, any data aggregator created as part
of the allocation of the federal state innovation model grant funds must meet
the following standards:
(a) The primary purpose of the
data aggregator must be to increase the quality of health care delivered in
this state, while reducing costs.
(b) The data aggregator must be
governed by a nonprofit entity.
(c) All decisions regarding the
establishment, administration, and modification of the database must be made by
an advisory board. The membership of the advisory board must include the
director of the department or a designee of the director and representatives of
health carriers, consumers, and purchasers.
(d) The Michigan Data
Collaborative shall be the data aggregator to receive health care claims
information from, without limitation, commercial health carriers, nonprofit
health care corporations, health maintenance organizations, and third party
administrators that process claims under a service contract.
(e) The data aggregator must use
existing data sources and technological infrastructure, to the extent possible.
Sec. 1145. The department will
take steps necessary to work with Indian Health Service, tribal health program
facilities, or Urban Indian Health Program facilities that provide services
under a contract with a Medicaid managed care entity to ensure that those
facilities receive the maximum amount allowable under federal law for Medicaid
services.
Sec. 1150. The department shall
coordinate with the department of licensing and regulatory affairs, the
department of the attorney general, all appropriate law enforcement agencies,
and the Medicaid health plans to reduce fraud related to opioid prescribing
within Medicaid, and to address other appropriate recommendations of the
prescription drug and opioid abuse task force outlined in its report of October
2015. By October 1 of the current fiscal year, the department shall submit a
report to the senate and house appropriations subcommittees on the department
budget, the senate and house fiscal agencies, the senate and house policy
offices, and the state budget office on steps the department has taken to
coordinate with the entities listed in this section and other stakeholders
to reduce fraud related to opioid prescribing, and to address other appropriate
recommendations of the task force.
Sec. 1151. The department shall
coordinate with the department of licensing and regulatory affairs, the
department of the attorney general, all appropriate law enforcement agencies,
and the Medicaid health plans to work with local substance use disorder
agencies and addiction treatment providers to help inform Medicaid
beneficiaries of all medically appropriate treatment options for opioid
addiction when their treating physician stops prescribing prescription opioid
medication for pain, and to address other appropriate recommendations of the
prescription drug and opioid abuse task force outlined in its report of October
2015. By October 1 of the current fiscal year, the department shall submit a
report to the senate and house appropriations subcommittees on the department
budget, the senate and house fiscal agencies, the senate and house policy
offices, and the state budget office on how the department is working with
local substance use disorder agencies and addiction treatment providers to
ensure that Medicaid beneficiaries are informed of all available and medically
appropriate treatment options for opioid addiction when their treating
physician stops prescribing prescription opioid medication for pain, and to
address other appropriate recommendations of the task force. The report shall
include any potential barriers to medication-assisted treatment, as recommended
by the Michigan medication-assisted treatment guidelines, for Medicaid
beneficiaries in both office-based opioid treatment and opioid treatment
program facility settings.
Sec. 1152. The Michigan
rehabilitation services shall work collaboratively with the bureau of services
for blind persons, service organizations, and government entities to identify
qualified match dollars to maximize use of available federal vocational
rehabilitation funds.
Sec. 1153. The department shall
provide an annual report by February 1 to the house and senate appropriations
subcommittees on the department budget, the house and senate fiscal agencies,
the house and senate policy offices, and the state budget office on efforts
taken to improve the Michigan rehabilitation services. The report shall include
all of the following items:
(a) Reductions and changes in
administration costs and staffing.
(b) Service delivery plans and
implementation steps achieved.
(c) Reorganization plans and
implementation steps achieved.
(d) Plans to integrate Michigan
rehabilitative services programs into other services provided by the
department.
(e) Quarterly expenditures by
major spending category.
(f) Employment and job retention
rates from both Michigan rehabilitation services and its nonprofit partners.
(g) Success rate of each district
in achieving the program goals.
Sec. 1154. (1) From the funds
appropriated in part 1 for Michigan rehabilitation services, the department
shall allocate $50,000.00 along with available federal match to support the provision
of vocational rehabilitation services to eligible agricultural workers with
disabilities. Authorized services shall assist agricultural workers with
disabilities in acquiring or maintaining quality employment and independence.
(2) By March 1 of the current
fiscal year, the department shall report to the senate and house appropriations
subcommittees on the department budget, the senate and house fiscal agencies,
the senate and house policy offices, and the state budget office on the total
number of clients served and the total amount of federal matching funds
obtained throughout the duration of the program.
Sec. 1155. (1) It is the intent of
the legislature that Michigan rehabilitation services shall not implement an
order of selection for vocational and rehabilitative services. If the
department is at risk of entering into an order of selection for services, the
department shall notify the chairs of the senate and house appropriations
subcommittees on the department budget and the senate and house fiscal agencies
and policy offices within 2 weeks of receiving notification.
(2) It is the intent of the
legislature that the department coordinate with Michigan rehabilitation
services, Michigan Works!, local technological and trade schools and programs, local
community mental health offices, and other local entities, public and private,
in order to fully utilize open Michigan rehabilitation services programming
space, regardless of eligibility criteria.
Sec. 1156. From the funds
appropriated in part 1 for Michigan rehabilitation services, the department
shall allocate $6,100,300.00, including federal matching funds, to service
authorizations with community-based rehabilitation organizations for an array
of needed services throughout the rehabilitation process.
Sec. 1158. (1) Funds appropriated
in part 1 for independent living shall be used to support the general
operations of centers for independent living in delivering mandated independent
living services in compliance with federal rules and regulations for the
centers, by existing centers for independent living to serve underserved areas,
and for projects to build the capacity of centers for independent living to
deliver independent living services. Applications for the funds shall be
reviewed in accordance with criteria and procedures established by the
department. The funds appropriated in part 1 may be used to leverage federal
vocational rehabilitation funds up to $5,543,000.00, if available. If the
possibility of matching federal funds exists, the centers for independent
living network will negotiate a mutually beneficial cooperative agreement with
Michigan rehabilitation services. Funds shall be used in a manner consistent
with the state plan for independent living. Services provided should assist people
with disabilities to move toward self-sufficiency, including support for
accessing transportation and health care, obtaining employment, community
living, nursing home transition, information and referral services, education,
youth transition services, veterans, and stigma reduction activities and
community education. This includes the independent living guide services that
specifically focus on economic self-sufficiency.
(2) The Michigan centers for
independent living shall provide a report by March 1 of the current fiscal year
to the house and senate appropriations subcommittees on the department budget,
the house and senate fiscal agencies, the house and senate policy offices, and
the state budget office on direct customer and system outcomes and performance
measures.
EPIDEMIOLOGY AND POPULATION HEALTH
Sec. 1180. From the funds
appropriated in part 1 for epidemiology administration and for childhood lead
program, the department shall maintain a public health drinking water unit and
maintain enhanced efforts to monitor child
blood lead levels. The public health drinking water unit shall ensure that
appropriate investigations of potential health hazards occur for all
community and noncommunity drinking water supplies where chemical exceedances
of action levels, health advisory levels, or maximum contaminant limits are
identified. The goals of the childhood lead program shall include improving the
identification of affected children, the timeliness of case follow-up, and
attainment of nurse care management for children with lead exposure, and to
achieve a long-term reduction in the percentage of children in this state with
elevated blood lead levels.
Sec. 1181. From the funds
appropriated in part 1 for epidemiology administration, the department shall
maintain a vapor intrusion response unit. The vapor intrusion response unit
shall assess risks to public health at vapor intrusion sites and respond to
vapor intrusion risks where appropriate. The goals of the vapor intrusion
response unit shall include reducing the number of residents of this state
exposed to toxic substances through vapor intrusion and improving health
outcomes for individuals that are identified as having been exposed to vapor
intrusion.
Sec. 1182. (1) From the funds
appropriated in part 1 for the healthy homes program, no less than
$4,607,400.00 of general fund/general purpose funds and $20,942,600.00 of
federal funds shall be allocated for lead abatement of homes.
(2) By January 1 of the current
fiscal year, the department shall provide a report to the house and senate
appropriations subcommittees on the department budget, the house and senate
fiscal agencies, and the state budget office on the expenditures and activities
undertaken by the lead abatement program in the previous fiscal year from the
funds appropriated in part 1 for the healthy homes program. The report shall
include, but is not limited to, a funding
allocation schedule, expenditures by category of expenditure and by
subcontractor, revenues received, description of program elements, and
description of program accomplishments and progress.
LOCAL HEALTH AND ADMINISTRATIVE SERVICES
Sec. 1220. The amount appropriated
in part 1 for implementation of the 1993 additions of or amendments to sections
9161, 16221, 16226, 17014, 17015, and 17515 of the public health code, 1978 PA 368,
Sec. 1221. If a county that has
participated in a district health department or an associated arrangement with
other local health departments takes action to cease to participate in such an
arrangement after October 1 of the current fiscal year, the department
shall have the authority to assess a penalty from the local health department s
operational accounts in an amount equal to no more than 6.25% of the local
health department s essential local public health services funding. This
penalty shall only be assessed to the local county that requests the
dissolution of the health department.
Sec. 1222. (1) Funds appropriated
in part 1 for essential local public health services shall be prospectively allocated to local health departments to support
immunizations, infectious disease control, sexually transmitted disease control and prevention, hearing screening,
vision services, food protection, public water supply, private groundwater
supply, and on-site sewage management. Food protection shall be provided in
consultation with the department of agriculture and rural development. Public
water supply, private groundwater supply, and on-site sewage management
shall be provided in consultation with the department of environment, Great
Lakes, and energy.
(2) Local public health
departments shall be held to contractual standards for the services in subsection (1).
(3) Distributions in subsection (1)
shall be made only to counties that maintain local spending in the current
fiscal year of at least the amount expended in fiscal year 1992-1993 for the
services described in subsection (1).
(4) By December 1 of the current
fiscal year, the department shall provide a report to the house and senate
appropriations subcommittees on the department budget, the house and senate
fiscal agencies, and the state budget director on the planned allocation of the
funds appropriated for essential local public health services.
Sec. 1225. The department shall
work with the Michigan health endowment fund corporation established under section 653
of the nonprofit health care corporation reform act, 1980 PA 350, MCL
550.1653, to explore ways to fund and evaluate current and future policies and
programs.
Sec. 1226. From the funds
appropriated in part 1 for chronic disease control and health promotion
administration, $1,000,000.00 shall be allocated for a school children s
healthy exercise program to promote and advance physical health for school
children in kindergarten through grade 8. The department shall recommend model
programs for sites to implement that incorporate evidence-based best practices.
The department shall grant no less than 1/2 of the funds appropriated in part 1
for before- and after-school programs. The department shall establish
guidelines for program sites, which may include schools, community-based
organizations, private facilities, recreation centers, or other similar sites.
The program format shall encourage local determination of site activities and
shall encourage local inclusion of youth in the decision-making regarding site
activities. Program goals shall include children experiencing improved physical
health and access to physical activity opportunities, the reduction of obesity,
providing a safe place to play and exercise, and nutrition education. To be
eligible to participate, program sites shall provide a 20% match to the state
funding, which may be provided in full, or in part, by a corporation,
foundation, or private partner. The department shall seek financial support
from corporate, foundation, or other private partners for the program or for
individual program sites.
Sec. 1227. The department shall
establish criteria for all funds allocated for health and wellness initiatives.
The criteria must include a requirement that all programs funded be
evidence-based and supported by research, include interventions that have been
shown to demonstrate outcomes that lower cost and improve quality, and be
designed for statewide impact. Preference must be given to programs that
utilize the funding as match for additional resources, including, but not
limited to, federal sources.
Sec. 1228. (1) From the funds
appropriated in part 1 for injury control intervention project, $1,500,000.00
shall be allocated for implementation of evidence-based, real-time, quality
assurance decision support software in the treatment of traumatic brain injury
and for protocols that are to be available to all hospitals providing those
trauma services. The funds shall be used to purchase statewide licenses for
traumatic brain injury treatment software and related software services and to
offset hospital software integration costs. The department shall seek federal
matching funds that may be available for implementation of this section.
(2) By March 1 of the current
fiscal year, the department shall report to the senate and house appropriations
subcommittees on the department budget, the senate and house fiscal agencies,
the senate and house policy offices, and the state budget office on both of the
following:
(a) Expenditures broken down by
purpose of expenditure.
(b) Expenditures broken down by
hospital.
Sec. 1231. (1) From the funds
appropriated for local health services, up to $4,750,000.00 shall be allocated
for grants to local public health departments to support PFAS response and
emerging public health threat activities. A portion of the funding shall be
allocated by the department in a collaborative fashion with local public health
departments in jurisdictions experiencing PFAS contamination. The remainder of
the funding shall be allocated to address
infectious and vector-borne disease threats, and other environmental
contamination issues such as vapor
intrusion, drinking water contamination, and lead exposure. The funding shall
be allocated to address issues
including, but not limited to, staffing, planning and response, and creation
and dissemination of materials related to PFAS contamination issues and
other emerging public health issues and threats.
(2) By February 1 of the current
fiscal year, the department shall provide a report to the house and senate
appropriations subcommittees on the department budget, the house and senate
fiscal agencies, and the state budget office on actual expenditures in the
previous fiscal year and planned spending in the current fiscal year of the
funds described in subsection (1), including recipient entities, amount of
allocation, general category of allocation, and detailed uses.
Sec. 1232. It is the intent of
the legislature that the United States Department of Defense shall reimburse
the state for costs associated with PFAS and environmental contamination
response at military training sites and support facilities.
Sec. 1233. General fund and
state restricted fund appropriations in part 1 shall not be expended for PFAS
and environmental contamination response where federal funding or private grant
funding is available for the same expenditures.
Sec. 1234. (1) By October 1 of
the current fiscal year, the department shall implement the distribution
formula for the allocation of essential local public health services funding to
local health departments as specified by section 1234 of article X of 2018
PA 207.
(2) From the funds appropriated
in part 1 for essential local public health services, each local public health
department is allocated not less than the amount allocated to that local public
health department during the previous fiscal year.
Sec. 1238.
The department shall establish a workgroup to determine the cost of
establishing lead elimination and response. By March 1 of the current
fiscal year, the department shall provide a report on the findings of the
workgroup to the house and senate appropriations subcommittees on the
department budget, the house and senate fiscal agencies, the house and senate policy
offices, and the state budget director.
Sec. 1239. The department shall
participate in and give necessary assistance to the Michigan PFAS action
response team (MPART) pursuant to Executive Order No. 2019-03. The department
shall collaborate with MPART and other departments to carry out appropriate
activities, actions, and recommendations as coordinated by MPART. Efforts shall
be continuous to ensure that the department s activities are not duplicative
with activities of another department or agency.
FAMILY HEALTH SERVICES
Sec. 1301. (1) Before April 1 of
the current fiscal year, the department shall submit a report to the house and
senate fiscal agencies and the state budget director on planned allocations
from the amounts appropriated in part 1 for local
(a) Funding allocations.
(b) Actual number of women,
children, and adolescents served and amounts expended for each group for the
immediately preceding fiscal year.
(c) A breakdown of the expenditure
of these funds between urban and rural communities.
(2) The department shall ensure
that the distribution of funds through the programs described in subsection (1)
takes into account the needs of rural communities.
(3) For the purposes of this
section, rural means a county, city, village, or township with a population
of 30,000 or less, including those entities if located within a metropolitan
statistical area.
Sec. 1302. Each family planning
program receiving federal title X family planning funds under 42
Sec. 1303. The department shall
not contract with an organization that provides elective abortions, abortion
counseling, or abortion referrals, for services that are to be funded with
state restricted or state general fund/general purpose funds appropriated in
part 1 for family planning local agreements. An organization under contract
with the department shall not subcontract with an organization that provides
elective abortions, abortion counseling, or abortion referrals, for services
that are to be funded with state restricted or state general fund/general
purpose funds appropriated in part 1 for family planning local agreements.
Sec. 1304. The department shall
not use state restricted funds or state general funds, or allow grantees or
subcontractors to use those funds, appropriated in part 1 in the pregnancy
prevention program or family planning local agreements appropriation line items
for abortion counseling, referrals, or services.
Sec. 1305. (1) From the funds
appropriated in part 1 for family planning local agreements and the pregnancy
prevention program, the department shall not contract with or award grants to
an entity that engages in 1 or more of the activities described in section 1(2)
of 2002 PA 360, MCL 333.1091, if the entity is located in a county or
health district where family planning or pregnancy prevention services are
provided by the county, the health district, or a qualified entity that does
not engage in any of the activities described in section 1(2) of 2002 PA 360,
MCL 333.1091.
(2) The department shall give
priority to counties or health districts where no contracts or grants currently
exist for family planning or pregnancy prevention services before contracting
with or awarding grants to an entity that engages in 1 or more of the
activities described in section 1(2) of 2002 PA 360, MCL 333.1091, if
that entity is located in a county where family planning and pregnancy
prevention services are provided by the county, the health district, or another
qualified entity that does not engage in the activities described in section 1(2)
of 2002 PA 360, MCL 333.1091.
Sec. 1307. From the funds
appropriated in part 1 for prenatal care outreach and service delivery support,
$700,000.00 of TANF revenue shall be allocated for a pregnancy and parenting
support services program, which must promote childbirth, alternatives to
abortion, and grief counseling. The department shall establish a program with a
qualified contractor that will contract with qualified service providers to
provide free counseling, support, and referral services to eligible women
during pregnancy through 12 months after birth. As appropriate, the goals for
client outcomes shall include an increase in client support, an increase in
childbirth choice, an increase in adoption knowledge, an improvement in
parenting skills, and improved reproductive health through abstinence
education. The contractor of the program shall provide for program training,
client educational material, program marketing, and annual service provider
site monitoring. The department shall submit a report to the house and senate
appropriations subcommittees on the department budget and the house and senate
fiscal agencies by April 1 of the current fiscal year on the number of clients
served.
Sec. 1308. From the funds
appropriated in part 1 for prenatal care outreach and service delivery support,
not less than $500,000.00 of funding shall be allocated for evidence-based
programs to reduce infant mortality including nurse family partnership
programs. The funds shall be used for enhanced support and education to nursing
teams or other teams of qualified health professionals, client recruitment in
areas designated as underserved for obstetrical and gynecological services and
other high-need communities, strategic planning to expand and sustain programs,
and marketing and communications of programs to raise awareness, engage
stakeholders, and recruit nurses.
Sec. 1309. The department shall
allocate funds appropriated in section 117 of part 1 for family, maternal,
and child health according to section 1 of 2002 PA 360, MCL 333.1091.
Sec. 1310.
Each family planning program receiving federal title X family planning funds
under 42 USC 300 to 300a-8 must be in compliance with all title X rules established by
the Office of Population Affairs within the United States Department of Health
and Human Services. The department shall monitor all title X family planning
programs to ensure compliance with all federal title X rules. An agency not in
compliance with the rules shall not receive supplemental or reallocated funds.
Sec. 1311. From the funds
appropriated in part 1 for prenatal care outreach and service delivery support,
not less than $2,750,000.00 state general fund/general purpose funds shall be
allocated for a rural home visit program. Equal consideration shall be given to
all eligible evidence-based providers in all regions in contracting for rural
home visitation services.
Sec. 1312. From the funds
appropriated in part 1 for prenatal care and premature birth avoidance grant,
the department shall allocate $1,000,000.00 as a grant to help fulfill contract
obligations between the department and a federal Healthy Start Program located
in a county with a population between 600,000 and 610,000 according to the most
recent decennial census. To be eligible to receive funding, the organization
must be a partnership between various health agencies, and utilize a social
impact bonding strategy approved by the department to enhance support to
underserved populations for prenatal care and premature birth avoidance.
Sec. 1313. (1) The department
shall continue developing an outreach program on fetal alcohol syndrome
services, targeting health promotion, prevention, and intervention as described
in the Michigan fetal alcohol spectrum disorders 5-year plan 2015-2020.
(2) The department shall explore
federal grant funding to address prevention services for fetal alcohol syndrome
and reduce alcohol consumption among pregnant women.
(3) By February 1 of the current
fiscal year, the department shall provide a report to the house and senate
appropriations subcommittees on the department budget, the house and senate
fiscal agencies, and the state budget office on planned spending of
appropriations within the department budget for fetal alcohol syndrome projects
and services, including appropriation line item, agency or recipient entities,
amount and purpose of allocation, and detailed uses.
Sec. 1314. The department shall
seek to enhance education and outreach efforts that encourage women of
childbearing age to seek confirmation at the earliest indication of possible
pregnancy and initiate continuous and routine prenatal care upon confirmation
of pregnancy. The department shall seek to ensure that department programs,
policies, and practices promote prenatal and obstetrical care by doing the
following:
(a) Supporting access to care.
(b) Reducing and eliminating
barriers to care.
(c) Supporting recommendations
for best practices.
(d) Encouraging optimal prenatal
habits such as prenatal medical visits, use of prenatal vitamins, and cessation
of use of tobacco, alcohol, or drugs.
(e) Tracking of birth outcomes
to study improvements in prevalence of fetal drug addiction, fetal alcohol
syndrome, and other preventable neonatal disease.
(f) Tracking of maternal
increase in healthy behaviors following childbirth.
Sec. 1315. (1) From the funds
appropriated in part 1 for dental programs, $150,000.00 shall be allocated to
the Michigan Dental Association for the administration of a volunteer dental
program that provides dental services to the uninsured.
(2) By December 1 of the current
fiscal year, the department shall report to the senate and house appropriations
subcommittees on the department budget, the senate and house standing
committees on health policy, the senate and house fiscal agencies, and the
state budget office the number of individual patients treated, number of
procedures performed, and approximate total market value of those procedures
from the previous fiscal year.
Sec. 1316. The department shall
use revenue from mobile dentistry facility permit fees received under section 21605
of the public health code, 1978 PA 368, MCL 333.21605, to offset the cost
of the permit program.
Sec. 1317. (1) From the funds
appropriated in part 1 for dental programs, $1,550,000.00 of general fund/general purpose revenue and any associated
federal match shall be distributed to local health departments who
partner with a qualified nonprofit provider of dental services for the purpose
of providing high-quality dental homes for seniors, children, and adults
enrolled in Medicaid, and low-income uninsured.
(2) In order to be considered a
qualified nonprofit provider of dental services, the provider must demonstrate
the following:
(a) An effective health
insurance enrollment process for uninsured patients.
(b) An effective process of
charging patients on a sliding scale based on the patient s ability to pay.
(c) Utilization of additional
fund sources including, but not limited to, federal Medicaid matching funds.
(3) Providers shall report to
the department by September 30 of the current fiscal year on outcomes and
performance measures for the program under this section including, but not
limited to, the following:
(a) The number of uninsured
patients who visited a participating dentist over the previous year, broken
down between adults and children.
(b) The number of patients
assisted with health insurance enrollment, broken down between adults and
children.
(c) A 5-year trend of the number
of uninsured patients being served, broken down between adults and children.
(d) The number of unique patient
visits by center.
(e) The number of unique
Medicaid or Healthy Michigan plan patients served broken down by center.
(f) The number of children,
seniors, and veterans served broken down by center.
(g) The total value of services
rendered by the organization broken down by center.
(4) Within 15 days after receipt
of the report required in subsection (3), the department shall provide a
copy of the report to the senate and house appropriations subcommittees on the
department budget, the senate and house fiscal agencies, the senate and house
policy offices, and the state budget office.
Sec. 1319. From the funds
appropriated in part 1 for dental programs, $2,000,000.00 shall be allocated
for an oral health assessment program for children entering public school
kindergarten. The program shall provide assessments free of charge to children
who do not have dental coverage. The department shall consider
cost-effectiveness and quality of services when awarding contracts to
administer and provide services under this program. The department shall not
mandate that local health departments provide assessments. It is the intent of
the legislature that, if needed, non-state matching funding shall be procured
in an equivalent amount to support the costs of the program.
Sec. 1320. It is the intent of
the legislature that funds appropriated in part 1 that may be expended for a
public media campaign regarding publicly funded family planning or pregnancy
prevention services shall not be used to communicate in that media campaign any
message that implies, states, or can be interpreted to mean that abortion is a
method of family planning or pregnancy prevention.
Sec. 1340. The department shall
include national brand options on the list of approved women, infants, and
children special supplemental nutrition program basket items for all categories.
Sec. 1341. The department shall
utilize income eligibility and verification guidelines established by the Food
and Nutrition Service agency of the United States Department of Agriculture in
determining eligibility of individuals for the special supplemental nutrition
program for women, infants, and children (WIC) as stated in current WIC policy.
EMERGENCY MEDICAL SERVICES, TRAUMA, AND PREPAREDNESS
Sec. 1350. The department shall
not require a life support agency that does not charge for its services to submit data to the Michigan emergency medical
services information system or any other quality improvement program.
CHILDREN S SPECIAL HEALTH
Sec. 1360. The department may do
1 or more of the following:
(a) Provide special formula for
eligible clients with specified metabolic and allergic disorders.
(b) Provide medical care and
treatment to eligible patients with cystic fibrosis who are 21 years of age or
older.
(c) Provide medical care and
treatment to eligible patients with hereditary coagulation defects, commonly
known as hemophilia, who are 21 years of age or older.
(d) Provide human growth hormone
to eligible patients.
Sec. 1361. From the funds
appropriated in part 1 for medical care and treatment, the department may spend
those funds for the continued development and expansion of telemedicine
capacity to allow families with children in the children s special health care
services program to access specialty providers more readily and in a more
timely manner. The department may spend funds to support chronic complex care
management of children enrolled in the children s special health care services
program to minimize hospitalizations and reduce costs to the program while
improving outcomes and quality of life.
AGING AND ADULT SERVICES AGENCY
Sec. 1402. The department may
encourage the Food Bank Council of Michigan to collaborate directly with each
area agency on aging and any other organizations that provide senior nutrition
services to secure the food access of vulnerable seniors.
Sec. 1403. (1) By February 1 of
the current fiscal year, the aging and adult services agency shall require each
region to report to the aging and adult services agency and to the legislature
home-delivered meals waiting lists based upon standard criteria. Determining
criteria shall include all of the following:
(a) The recipient s degree of
frailty.
(b) The recipient s inability to
prepare his or her own meals safely.
(c) Whether the recipient has
another care provider available.
(d) Any other qualifications
normally necessary for the recipient to receive home-delivered meals.
(2) Data required in subsection (1)
shall be recorded only for individuals who have applied for participation in the home-delivered meals program and who are
initially determined as likely to be eligible for home‑delivered
meals.
Sec. 1417. The department shall
provide to the senate and house appropriations subcommittees on the department
budget, senate and house fiscal agencies, and state budget director a report by
March 30 of the current fiscal year that contains all of the following:
(a) The total allocation of
state resources made to each area agency on aging by individual program and
administration.
(b) Detail expenditure by each
area agency on aging by individual program and administration including both
state-funded resources and locally funded resources.
Sec. 1421. From the funds
appropriated in part 1 for community services, $1,100,000.00 shall be allocated
to area agencies on aging for locally determined needs.
Sec. 1422. (1) From the funds
appropriated in part 1 for aging and adult services administration, not less
than $300,000.00 shall be allocated for the department to contract with the
Prosecuting Attorneys Association of Michigan to provide the support and
services necessary to increase the capability of the state s prosecutors, adult
protective service system, and criminal justice system to effectively identify,
investigate, and prosecute elder abuse and financial exploitation.
(2) By March 1 of the current
fiscal year, the Prosecuting Attorneys Association of Michigan shall provide a
report on the efficacy of the contract to the state budget office, the house
and senate appropriations subcommittees on the department budget, the house and
senate fiscal agencies, and the house and senate policy offices.
Sec. 1425. The department shall
coordinate with the department of licensing and regulatory affairs to ensure
that, upon receipt of the order of suspension of a licensed adult foster care
home, home for the aged, or nursing home, the department of licensing and
regulatory affairs shall provide notice to the department, to the house and
senate appropriations subcommittees on the department budget, and to the
members of the house and senate that represent the legislative districts of the
county in which the facility lies.
MEDICAL SERVICES ADMINISTRATION
Sec. 1501. The unexpended funds
appropriated in part 1 for the electronic health records incentive program are
designated as a work project appropriation, and any unencumbered or unallotted
funds shall not lapse at the end of the fiscal year and shall be available for
expenditures for projects under this section until the projects have been
completed. The following is in compliance with section 451a(1) of the management
and budget act, 1984 PA 431, MCL 18.1451a:
(a) The purpose of the work
project is to implement the Medicaid electronic health record program that
provides financial incentive payments to Medicaid health care providers to
encourage the adoption and meaningful use of electronic health records to
improve quality, increase efficiency, and promote safety.
(b) The projects will be
accomplished by utilizing state employees or contracts with service providers,
or both, and according to the approved federal advanced planning document.
(c) The total estimated cost of
the work project is $37,501,000.00.
(d) The tentative completion
date is September 30, 2024.
Sec. 1502. Except as otherwise
provided under state law, if the department issues a new interpretation of
existing Medicaid provider policy directly affecting nursing facility Medicaid
cost reports, that change in policy must have a prospective effective date. A
policy may have a retrospective effective date as part of a state plan
amendment approval or waiver approval, or if required by state law, federal
law, or judicial ruling.
Sec. 1504. (1) From the funds
appropriated in part 1 for medical services administration, the department
shall allocate $200,000.00 of general fund/general purpose revenue and any
associated federal match toward the existing cloud-based analytics platform for
Medicaid claims to focus on behavioral health services. The vendor shall
identify areas of best practice, cost reduction, opportunities for quality
improvement, and comparative cost analysis among providers, hospitals, and
managed care organizations. Through the existing platform, the vendor shall
facilitate specific analysis of the unique behavioral health cohort of patients
that compares specific episodic metrics combined with substance use disorder
data for the same time period. The data analysis shall include the ability to
adjust for variations in patient risk and acuity differences when comparing
performance across regions and hospitals. Specific analytics for this cohort
shall provide data analysis on, but not be limited to, the following:
(a) Readmission rates.
(b) Mortality rates and
complication rates.
(c) Total episode costs,
including pre- and post-discharge costs, across high-volume episodes of care.
(2) Within 30 days after the end
of the previous fiscal quarter, the department shall make available state medical assistance program claims data from the
previous quarter, without charge, to the vendor in subsection (1).
Sec. 1505. By March 1 of the current
fiscal year, the department shall submit a report to the senate and house
appropriations subcommittees on the department budget, the senate and house
fiscal agencies, and the state budget office on the actual reimbursement
savings and cost offsets that have resulted from the funds appropriated in part
1 for the office of inspector general and third party liability efforts in the
previous fiscal year.
Sec. 1506. The department shall
submit to the senate and house appropriations subcommittees on the department
budget, the senate and house fiscal agencies, the senate and house policy
offices, and the state budget office quarterly reports on the implementation
status of the public assistance call center that include all of the following
information:
(a) Call volume during the prior
quarter.
(b) Percentage of calls resolved
through the public assistance call center.
(c) Percentage of calls
transferred to a local department office or other office for resolution.
Sec. 1507. From the funds
appropriated in part 1 for office of inspector general, the inspector general
shall audit and recoup inappropriate or fraudulent payments from Medicaid
managed care organizations to health care providers. Unless authorized by
federal or state law, the department shall not fine, temporarily halt
operations of, disenroll as a Medicaid provider, or terminate a managed care
organization or health care provider from providing services due to the
discovery of an inappropriate payment found during the course of an audit.
Sec. 1508. (1) From the funds
appropriated in part 1 for medical services administration, $700,000.00 is
appropriated for the operation and maintenance of the Michigan dental registry
in support of the enhanced dental benefit for the Healthy Kids Dental program.
Additionally, the department shall explore the expansion of the scope of the
Michigan dental registry to enhance the Medicaid adult dental benefit for
pregnant women.
(2) The department shall monitor
childhood caries preventative services delivered to pediatric Medicaid
recipients in both medical and dental settings. By March 1 of the current
fiscal year, the department shall submit a report to the senate and house
appropriations subcommittees on the department budget, the senate and house
fiscal agencies, the senate and house policy offices, and the state budget
office on the results of the program. The report shall include, but not be
limited to, all of the following:
(a) Comparative data on completed
referral rates from pediatric medical providers to dental providers.
(b) The reduction of caries in the
Medicaid child population.
(c) Any associated long-term or
short-term cost savings to the Medicaid program.
Sec. 1509. By September 30 of the
current fiscal year, the department shall report to the senate and house
appropriations subcommittees on the department budget, the senate and house
fiscal agencies, the senate and house policy offices, and the state budget
office on the implementation of employment-related activity requirements for
medical assistance. The report shall include, but is not limited to, the number
of recipients who are noncompliant with the required self-sufficiency goals, an
explanation of the actions undertaken, and the number of recipients subject to
employment-related activity requirements.
Sec. 1511. On a monthly basis, the
department shall work with the department of labor and economic opportunity to
report to the senate and house appropriations subcommittees on the department
budget, the senate and house fiscal agencies, the senate and house policy
offices, and the state budget office on the utilization of workforce
development programs by Healthy Michigan plan recipients through Michigan
Works! The report shall include, but not be limited to, all of the following:
(a) The number of recipients
currently receiving employment supports and services through workforce
development programs.
(b) The total year-to-date number
of recipients who have received employment supports and services through
workforce development programs.
(c) The number of recipients who
secured employment in this state after receiving employment supports and
services through workforce development programs.
(d) A summary
of employment supports and services provided to recipients through workforce
development programs.
Sec. 1513. (1) The department
shall create and participate in a workgroup to determine an equitable and
adequate reimbursement methodology for Medicaid inpatient psychiatric hospital
care. The workgroup shall include representatives from the department, CMHSPs,
PIHPs, the Michigan Association of Health Plans, the Michigan Health and
Hospital Association, inpatient psychiatric facilities, Blue Cross Blue Shield
of Michigan, the Community Mental Health Association of Michigan, and other
individuals or organizations as determined appropriate by the department.
(2) By
September 30 of the current fiscal year, the workgroup shall report to the
senate and house appropria tions subcommittees on the department budget, the
senate and house fiscal agencies, the senate and house policy offices, and the
state budget office on all of the following:
(a) Recommended statewide per diem
rate covering professional and facility costs.
(b) A list of factors, with
assigned weights, that impact the provision of care in the inpatient
psychiatric hospital care and recommendations for addressing those factors.
Factors must include, but are not limited to, the following:
(i) Patient severity level, based on APR-DRGs.
(ii) Patient acuity level.
(iii) Involuntary stay.
(iv) Patient violence level.
(v) Presence of a developmental disability.
(vi) Need for 1-1 care.
(vii) State bed transfer for patients awaiting transfer to a state
bed.
(c) The
recommended state funding level for inpatient psychiatric hospital care to
ensure inpatient psychiatric hospital reimbursement is equitable across
hospitals and adequately covers hospital costs.
(d) Recommendations for separate
additional reimbursement for the following:
(i) High cost capital improvements including nonfunded government
mandates.
(ii) Costs to bring involuntary patients to court or telecourt.
(iii) Costs to cover the required 2 weeks of medications at
discharge.
(iv) Transitions of care interventions by a hospital social worker
when there are additional needs above standard discharge planning.
(v) Telehealth services, including
pre-admission screening on inpatient units, assessments by a nonphysician
provider, and ongoing psychiatric care.
(vi) Provide funding support for emergency department stays while
patients await appropriate transfer or admission.
(vii) Provide reimbursement for mental health evaluation
consultations conducted by specialists in the emergency department.
(3) The department shall assist
in providing data to inform the workgroup discussion, assist in modeling
appropriate reimbursement methods, and assist in developing the final report.
Sec. 1515. A qualified job
placement agency may request contact information from the department for
Healthy Michigan plan recipients subject to the workforce engagement
requirements program in section 107b of the social welfare act, 1939 PA 280,
MCL 400.107b, for the geographic region the agency services, who have not
verified their employment in the previous quarter and are at risk of losing
Medicaid benefits as a result of failure by the recipient to verify employment.
This contact information shall not include personal health information or
extensive personal identifying information. For the purposes of this section, a qualified job placement agency means a
regional Michigan Works! agency or another nonprofit, governmental, or
quasi-governmental body that provides job placement assistance as designated by
the department.
MEDICAL SERVICES
Sec. 1601. The cost of remedial
services incurred by residents of licensed adult foster care homes and licensed
homes for the aged shall be used in determining financial eligibility for the
medically needy. Remedial services include basic self-care and rehabilitation
training for a resident.
Sec. 1605. The protected income
level for Medicaid coverage determined pursuant to section 106(1)(b)(iii) of the social welfare act, 1939 PA 280,
Sec. 1606. For the purpose of
guardian and conservator charges, the department may deduct up to $83.00 per
month as an allowable expense against a recipient s income when determining
medical services eligibility and patient pay amounts.
Sec. 1607. (1) An applicant for
Medicaid, whose qualifying condition is pregnancy, shall immediately be
presumed to be eligible for Medicaid coverage unless the preponderance of
evidence in her application indicates otherwise. The applicant who is qualified
as described in this subsection shall be allowed to select or remain with
the Medicaid participating obstetrician of her choice.
(2) All qualifying applicants
shall be entitled to receive all medically necessary obstetrical and prenatal
care without preauthorization from a health plan. All claims submitted for
payment for obstetrical and prenatal care shall be paid at the Medicaid
fee-for-service rate in the event a contract does not exist between the
Medicaid participating obstetrical or prenatal care provider and the managed
care plan. The applicant shall receive a listing of Medicaid physicians and
managed care plans in the immediate vicinity of the applicant s residence.
(3) In the event that an
applicant, presumed to be eligible pursuant to subsection (1), is
subsequently found to be ineligible, a Medicaid physician or managed care plan
that has been providing pregnancy services to an applicant under this section is
entitled to reimbursement for those services until such time as they are
notified by the department that the applicant was found to be ineligible for
Medicaid.
(4) If the preponderance of
evidence in an application indicates that the applicant is not eligible for
Medicaid, the department shall refer that applicant to the nearest public
health clinic or similar entity as a potential source for receiving
pregnancy-related services.
(5) The department shall develop
an enrollment process for pregnant women covered under this section that
facilitates the selection of a managed care plan at the time of application.
(6) The department shall mandate
enrollment of women, whose qualifying condition is pregnancy, into Medicaid
managed care plans.
(7) The department shall
encourage physicians to provide women, whose qualifying condition for Medicaid
is pregnancy, with a referral to a Medicaid participating dentist at the first
pregnancy-related appointment.
Sec. 1611. (1) For care provided
to medical services recipients with other third-party sources of payment,
medical services reimbursement shall not exceed, in combination with such other
resources, including Medicare, those amounts established for medical
services-only patients. The medical services payment rate shall be accepted as
payment in full. Other than an approved medical services co-payment, no portion
of a provider s charge shall be billed to the recipient or any person acting on
behalf of the recipient. Nothing in this section shall be considered to
affect the level of payment from a third-party source other than the medical
services program. The department shall require a nonenrolled provider to accept
medical services payments as payment in full.
(2) Notwithstanding subsection (1),
medical services reimbursement for hospital services provided to dual
Medicare/medical services recipients with Medicare part B coverage only shall
equal, when combined with payments for Medicare and other third-party
resources, if any, those amounts established for medical services-only
patients, including capital payments.
Sec. 1620. (1) For
fee-for-service Medicaid recipients, the professional dispensing fee for drugs
indicated as specialty medications on the Michigan pharmaceutical products list
is $20.02 or the pharmacy s usual or customary cash charge, whichever is less.
(2) For fee-for-service Medicaid
recipients, for drugs not indicated as specialty drugs on the Michigan
pharmaceutical products list, the professional dispensing fee for medications
is as follows:
(a) For medications indicated as
preferred on the department s preferred drug list, $10.80 or the pharmacy s
usual or customary cash charge, whichever is less.
(b) For
medications not on the department s preferred drug list, $10.64 or the pharmacy s
usual or customary cash charge, whichever is less.
(c) For medications indicated as
nonpreferred on the department s preferred drug list, $9.00 or the pharmacy s
usual or customary cash charge, whichever is less.
(3) The department shall require
a prescription co-payment for Medicaid recipients not enrolled in the Healthy
Michigan plan or with an income less than 100% of the federal poverty level of
$1.00 for a generic drug indicated as preferred on the department s preferred
drug list and $3.00 for a brand-name drug indicated as nonpreferred on the
department s preferred drug list, except as prohibited by federal or state law
or regulation.
(4) The department shall require
a prescription co-payment for Medicaid recipients enrolled in the Healthy
Michigan plan with an income of at least 100% of the federal poverty level of
$4.00 for a generic drug indicated as preferred on the department s preferred drug
list and $8.00 for a brand-name drug indicated as nonpreferred on the
department s preferred drug list, except as prohibited by federal or state law
or regulation.
Sec. 1625. (1) Beginning
February 1, 2020, the department shall not enter into any contract with a
Medicaid managed care organization that relies on a pharmacy benefit manager
that does not do all of the following:
(a) For pharmacies with not more
than 7 retail outlets, utilizes a pharmacy reimbursement methodology of the
national average drug acquisition cost plus a professional dispensing fee
comparable to the applicable professional dispensing fee provided through section 1620.
The pharmacy benefit manager or the involved pharmacy services administrative
organization shall not receive any portion of the additional professional
dispensing fee. The department shall identify the pharmacies this subdivision
applies to and provide the list of applicable pharmacies to the Medicaid
managed care organizations.
(b) For pharmacies with not more
than 7 retail outlets, utilizes a pharmacy reimbursement methodology, when a
national average drug acquisition cost price is not available, for brand drugs
of the lesser of the wholesale acquisition cost, the average wholesale price
less 16.7% plus a professional dispensing fee comparable to the applicable
professional dispensing fee provided through section 1620, or the usual
and customary charge by the pharmacy. The department shall identify the
pharmacies this subdivision applies to and provide the list of applicable
pharmacies to the Medicaid managed care organizations.
(c) For pharmacies with not more
than 7 retail outlets, utilizes a pharmacy reimbursement methodology, when a
national average drug acquisition cost price is not available, for generic drugs
of the lesser of wholesale acquisition cost plus a professional dispensing fee
comparable to the applicable professional dispensing fee provided through section 1620,
average wholesale price less 30.0% plus a professional dispensing fee
comparable to the applicable professional dispensing fee provided through section 1620,
or the usual and customary charge by the pharmacy. The department shall
identify the pharmacies this subdivision
applies to and provide the list of applicable pharmacies to the Medicaid
managed care organizations.
(d) Reimburses for a legally
valid claim at a rate not less than the rate in effect at the time the original
claim adjudication as submitted at the point of sale.
(e) Agrees to move to a
transparent pass-through pricing model, in which the pharmacy benefit manager
discloses the administrative fee as a percentage of the professional dispensing
costs to the department.
(f) Agrees to not create new
pharmacy administration fees and to not increase current fees more than the
rate of inflation. This subdivision does not apply to any federal rule or
action that creates a new fee.
(g) Agrees to not terminate an
existing contract with a pharmacy with not more than 7 retail outlets for the
sole reason of the additional professional dispensing fee authorized under this
section.
(2) Nothing in this section shall
prohibit a Medicaid managed care organization from implementing this section before
February 1, 2020.
Sec. 1629. The department shall
utilize maximum allowable cost pricing for generic drugs that is based on
wholesaler pricing to providers that is available from at least 2 wholesalers
who deliver in this state.
Sec. 1631. (1) The department
shall require co-payments on dental, podiatric, and vision services provided to
Medicaid recipients, except as prohibited by federal or state law or
regulation.
(2) Except as otherwise
prohibited by federal or state law or regulation, the department shall require
Medicaid recipients not enrolled in the Healthy Michigan plan or with an income
less than 100% of the federal poverty level to pay not less than the following
co-payments:
(a) Two dollars for a physician
office visit.
(b) Three dollars for a hospital
emergency room visit.
(c) Fifty dollars for the first
day of an inpatient hospital stay.
(d) Two dollars for an
outpatient hospital visit.
(3) Except as otherwise
prohibited by federal or state law or regulation, the department shall require
Medicaid recipients enrolled in the Healthy Michigan plan with an income of at
least 100% of the federal poverty level to pay the following co-payments:
(a) Four dollars for a physician
office visit.
(b) Eight dollars for a hospital
emergency room visit.
(c) One hundred dollars for the
first day of an inpatient hospital stay.
(d) Four dollars for an
outpatient hospital visit or any other medical provider visit to the extent
allowed by federal or state law or regulation.
Sec. 1641. An institutional
provider that is required to submit a cost report under the medical services
program shall submit cost reports completed in full within 5 months after the
end of its fiscal year.
Sec. 1645. (1) For the current
fiscal year, the department shall establish the class I nursing facility
current asset value bed limit based on the rolling 15-year history of new
construction.
(2) It is the intent of the
legislature that, for the fiscal year beginning October 1, 2020, the department
shall modify the class I nursing facility current asset value bed limit based
on the rolling 15-year history of new construction. The increase in the current
asset value bed limit shall not exceed 4% of the limit for the fiscal year
beginning October 1, 2019.
Sec. 1646. (1) From the funds
appropriated in part 1 for long-term care services, the department shall continue
to administer a nursing facility quality measure initiative program. The
initiative shall be financed through the quality assurance assessment for
nursing homes and hospital long-term care units, and the funds shall be
distributed according to the following criteria:
(a) The department shall award
more dollars to nursing facilities that have a higher CMS 5-star quality
measure domain rating, then adjusted to account for both positive and negative
aspects of a patient satisfaction survey.
(b) A nursing facility with a
CMS 5-star quality measure domain star rating of 1 or 2 must file an action
plan with the department describing how it intends to use funds appropriated
under this section to increase quality outcomes before funding shall be
released.
(c) The total incentive dollars
must reflect the following Medicaid utilization scale:
(i) For nursing facilities with a Medicaid participation rate of
above 63%, the facility shall receive 100% of the incentive payment.
(ii) For nursing facilities with a Medicaid participation rate
between 50% and 63%, the facility shall receive 75% of the incentive payment.
(iii) For nursing facilities with a Medicaid participation rate of
less than 50%, the facility shall receive a payment proportionate to their
Medicaid participation rate.
(iv) For nursing facilities not enrolled in Medicaid, the facility
shall not receive an incentive payment.
(d) Facilities designated as
special focus facilities are not eligible for any payment under this section.
(e) Number of licensed beds.
(2) The department and nursing
facility representatives shall evaluate the quality measure incentive program s
effectiveness on quality, measured by the change in the CMS 5-star quality
measure domain rating since the implementation of quality measure incentive
program. By March 1 of the current fiscal year, the department shall report to
the senate and house appropriations subcommittees on the department budget, the
senate and house fiscal agencies, and the senate and house policy offices on
the findings of the evaluation.
Sec. 1657. (1) Reimbursement for
medical services to screen and stabilize a Medicaid recipient, including
stabilization of a psychiatric crisis, in a hospital emergency room shall not
be made contingent on obtaining prior authorization from the recipient s HMO.
If the recipient is discharged from the emergency room, the hospital shall
notify the recipient s HMO within 24 hours of the diagnosis and treatment
received.
(2) If the treating hospital
determines that the recipient will require further medical service or
hospitalization beyond the point of stabilization, that hospital shall receive
authorization from the recipient s HMO prior to admitting the recipient.
(3) Subsections (1) and (2) do
not require an alteration to an existing agreement between an HMO and its
contracting hospitals and do not require an HMO to reimburse for services that
are not considered to be medically necessary.
Sec. 1659. The following
sections of this part are the only ones that shall apply to the following
Medicaid managed care programs, including the comprehensive plan, MIChoice
long-term care plan, and the mental health, substance use disorder, and
developmentally disabled services program: 904, 911, 918, 920, 924, 928, 942,
964, 974, 994, 999, 1008, 1009, 1607, 1625, 1657, 1662, 1670, 1673, 1677, 1696,
1697, 1700, 1702, 1704, 1757, 1763, 1764, 1775, 1790, 1791, 1801, 1806, 1807,
1809, 1820, 1837, 1846, 1850, 1859, 1862, 1871, 1874, 1875, 1888, and 1894.
Sec. 1662. (1) The department
shall ensure that an external quality review of each contracting HMO is
performed that results in an analysis and evaluation of aggregated information
on quality, timeliness, and access to health care services that the HMO or its
contractors furnish to Medicaid beneficiaries.
(2) The department shall require
Medicaid HMOs to provide EPSDT utilization data through the encounter data
system, and HEDIS well child health measures in accordance with the National
Committee for Quality Assurance prescribed methodology.
(3) The department shall provide
a copy of the analysis of the Medicaid HMO annual audited HEDIS reports and the
annual external quality review report to the senate and house of
representatives appropriations subcommittees on the department budget, the senate
and house fiscal agencies, and the state budget director, within 30 days of the
department s receipt of the final reports from the contractors.
Sec. 1670. (1) The appropriation
in part 1 for the MIChild program is to be used to provide comprehensive health
care to all children under age 19 who reside in families with income at or
below 212% of the federal poverty level, who are uninsured and have not had
coverage by other comprehensive health insurance within 6 months of making
application for MIChild benefits, and who are residents of this state. The
department shall develop detailed eligibility criteria through the medical
services administration public concurrence process, consistent with the
provisions of this part and part 1.
(2) The department may provide
up to 1 year of continuous eligibility to children eligible for the MIChild
program unless the family fails to pay the monthly premium, a child reaches age
19, or the status of the children s family
changes and its members no longer meet the eligibility criteria as specified in
the state plan.
(3) The
department may make payments on behalf of children enrolled in the MIChild
program as described in the MIChild state plan approved by the United States Department of
Health and Human Services, or from other medical services.
Sec. 1673. The department may
establish premiums for MIChild eligible individuals in families with income at
or below 212% of the federal poverty level. The monthly premiums shall be
$10.00 per month.
Sec. 1677. The MIChild program
shall provide, at a minimum, all benefits available under the Michigan
benchmark plan that are delivered through contracted providers and consistent
with federal law, including, but not limited to, the following medically
necessary services:
(a) Inpatient mental health
services, other than substance use disorder treatment services, including
services furnished in a state-operated
mental hospital and residential or other 24-hour therapeutically planned
structured services.
(b) Outpatient mental health
services, other than substance use disorder services, including services
furnished in a state-operated mental hospital and community-based services.
(c) Durable medical equipment
and prosthetic and orthotic devices.
(d) Dental services as outlined
in the approved MIChild state plan.
(e)
Substance use disorder treatment services that may include inpatient,
outpatient, and residential substance use
disorder treatment services.
(f) Care management services for
mental health diagnoses.
(g) Physical therapy,
occupational therapy, and services for individuals with speech, hearing, and
language disorders.
(h) Emergency ambulance
services.
Sec. 1682. (1) In addition to
the appropriations in part 1, the department is authorized to receive and spend
penalty money received as the result of noncompliance with medical services
certification regulations. Penalty money, characterized as private funds,
received by the department shall increase authorizations and allotments in the
long-term care accounts.
(2) Any unexpended penalty money,
at the end of the year, shall carry forward to the following year.
Sec. 1692. (1) The department is
authorized to pursue reimbursement for eligible services provided in Michigan
schools from the federal Medicaid program. The department and the state budget
director are authorized to negotiate and enter into agreements, together with
the department of education, with local and intermediate school districts
regarding the sharing of federal Medicaid services funds received for these
services. The department is authorized to receive and disburse funds to
participating school districts pursuant to such agreements and state and
federal law.
(2) From the funds appropriated in
part 1 for medical services school-based services payments, the department is
authorized to do all of the following:
(a) Finance activities within the
medical services administration related to this project.
(b) Reimburse participating school
districts pursuant to the fund-sharing ratios negotiated in the state-local
agreements authorized in subsection (1).
(c) Offset general fund costs
associated with the medical services program.
Sec. 1693. The special Medicaid reimbursement
appropriation in part 1 may be increased if the department submits a medical
services state plan amendment pertaining to this line item at a level higher
than the appropriation. The department is authorized to appropriately adjust
financing sources in accordance with the increased appropriation.
Sec. 1694. From the funds
appropriated in part 1 for special Medicaid reimbursement, $966,700.00 of
general fund/general purpose revenue and any associated federal match shall be
distributed for poison control services to an academic health care system that
has a high indigent care volume.
Sec. 1696. It is the intent of the
legislature that if an applicant for Medicaid coverage through the Healthy
Michigan plan received medical coverage in the previous fiscal year through
traditional Medicaid, and is still eligible for coverage through traditional
Medicaid, the applicant is not eligible to receive coverage through the Healthy
Michigan plan.
Sec. 1697. The department shall
require that Medicaid health plans administering Healthy Michigan plan benefits
maintain a network of dental providers in sufficient numbers, mix, and
geographic locations throughout their respective service areas in order to
provide adequate dental care for Healthy Michigan plan enrollees.
Sec. 1699. (1) The department may
make separate payments in the amount of $45,000,000.00 directly to qualifying
hospitals serving a disproportionate share of indigent patients and to
hospitals providing GME training programs. If direct payment for GME and DSH is
made to qualifying hospitals for services to Medicaid recipients, hospitals
shall not include GME costs or DSH payments in their contracts with HMOs.
(2) The department shall allocate
$45,000,000.00 in DSH funding using the distribution methodology used in fiscal
year 2003-2004.
Sec. 1700. (1) By December 1 of
the current fiscal year, the department shall report to the senate and house
appropriations subcommittees on the department budget, the senate and house
fiscal agencies, and the state budget office on the distribution of funding
provided, and the net benefit if the special hospital payment is not financed
with general fund/general purpose revenue, to each eligible hospital during the
previous fiscal year from the following special hospital payments:
(a) DSH, separated out by unique
DSH pool.
(b) GME.
(c) Special rural hospital
payments provided under section 1802(2) of this part.
(d) Lump-sum payments to rural
hospitals for obstetrical care provided under section 1802(1) of this
part.
(2) By August 1 of the current
fiscal year, the department shall report to the senate and house appropriations
subcommittees on the department budget, the senate and house fiscal agencies,
and the state budget office on the projected distribution of funding, and the
projected net benefit if the special hospital payment is not financed with
general fund/general purpose revenue, to each eligible hospital from the
following special hospital payments:
(a) DSH, separated out by unique
DSH pool.
(b) GME.
(c) Special rural hospital
payments provided under section 1802(2) of this part.
(d) Lump-sum payments to rural
hospitals for obstetrical care provided under section 1802(1) of this
part.
Sec. 1702. From the funds
appropriated in part 1, the department shall provide a 15% rate increase
beginning January 1 of the current fiscal year for private duty nursing
services for Medicaid beneficiaries under the age of 21. These additional funds
must be used to attract and retain highly qualified registered nurses and
licensed practical nurses to provide private duty nursing services so that
medically frail children can be cared for in the most homelike setting possible.
Sec. 1704. (1) From the funds
appropriated in part 1 for health plan services, the department shall maintain
the Medicaid adult dental benefit for pregnant women enrolled in a Medicaid
program.
(2) The department shall report to
the house and senate appropriations subcommittees on the department budget, the
house and senate fiscal agencies, and the state budget office on the following:
(a) The number of pregnant women
enrolled in Medicaid who visited a dentist over the prior year.
(b) The number of dentists
statewide who participate in providing dental services to pregnant women
enrolled in Medicaid.
Sec. 1730.
The department shall continue to maintain enhanced assessment tools established
in collaboration with the department of education that promote literacy development of
pregnant women and new mothers in the maternal infant health program. When
possible, the department shall include new fathers of the infants in the
literacy promotion efforts that are included in the assessment tools and in the
subsequent services provided. The assessment tools shall expand the assessment
of maternal and parental literacy and provide support and referrals to
resources to enable program participants to achieve an increase in literacy
that may contribute to improvements in family health, economic, and life
outcomes.
Sec. 1757. The department shall
obtain proof from all Medicaid recipients that they are legal United States
citizens or otherwise legally residing in this country and that they are
residents of this state before approving Medicaid eligibility.
Sec. 1763. Before the initial
expiration of contract no. 071b7700073 on February 28 of the current fiscal
year, the department shall issue an RFP for a 3-year contract for actuarial
services, including, but not limited to, capitation rate setting for Medicaid
and the Healthy Michigan plan. The department shall notify the senate and house
appropriations subcommittees on the department budget, the senate and house
fiscal agencies, and the senate and house policy offices on what vendors
submitted bids for the contract, which vendor received the contract, the
evaluation process, and the criteria used by the department in awarding the
contract for actuarial services.
Sec. 1764. The department shall
annually certify whether rates paid to Medicaid health plans and specialty
PIHPs are actuarially sound in accordance with federal requirements and shall
provide a copy of the rate certification and approval of rates paid to Medicaid
health plans and specialty PIHPs within 5 business days after certification or
approval to the senate and house appropriations subcommittees on the department
budget, the senate and house fiscal agencies, and the state budget office.
Following the rate certification, the department shall ensure that no new or
revised state Medicaid policy bulletin that is promulgated materially impacts
the capitation rates that have been certified in a negative manner.
Sec. 1775. (1) By March 1 of the
current fiscal year, the department shall report to the senate and house
appropriations subcommittees on the department budget, the senate and house
fiscal agencies, and the state budget office on progress in implementing the
waiver to implement managed care for individuals who are eligible for both
Medicare and Medicaid, known as MI Health Link, including any problems and
potential solutions as identified by the ombudsman described in subsection (2).
(2) The department shall ensure
the existence of an ombudsman program that is not associated with any project
service manager or provider to assist MI Health Link beneficiaries with
navigating complaint and dispute resolution mechanisms and to identify problems
in the demonstrations and in the complaint and dispute resolution mechanisms.
Sec. 1782. Subject to federal
approval, from the funds appropriated in part 1 for health plan services, the
department shall allocate $740,000.00 general fund/general purpose plus any
available work project funds and federal match through an administered contract
with oversight from Medical Services Administration and Population Health. The
funds shall be used to support a statewide media campaign for improving this
state s immunization rates.
Sec. 1790. The department shall
increase the practitioner rates paid for current procedural terminology (CPT) codes in psychiatric diagnostic procedures
through Medicaid fee-for-service and through the Medicaid health plans
by 15% for psychiatric diagnostic procedure provided for Medicaid beneficiaries
under the age of 21. It is the intent of the legislature that the CPT specific
rates paid through the Medicaid health plans are not increased by a uniform 15%
but reflect the greater of either the actual rates paid during the previous
fiscal year or 100% of the Medicare rate received for those services on the
date the services are provided.
Sec. 1791. From the funds
appropriated in part 1 for health plan services and physician services, the
department shall provide Medicaid reimbursement rates for neonatal services at
95% of the Medicare rate received for those services in effect on the date the
services are provided to eligible Medicaid recipients. The current procedural
terminology (CPT) codes that are eligible for this reimbursement rate increase
are 99468, 99469, 99471, 99472, 99475, 99476, 99477, 99478, 99479, and 99480.
Sec. 1792. By April 30 of the
current fiscal year, the department shall evaluate pharmacy encounter data
through the first 2 quarters of the fiscal year to determine, in consultation
with the Medicaid health plans, if rates must be recertified. By May 30 of the
current fiscal year, the department shall report the evaluation results to the
senate and house appropriations subcommittees on the department budget, the
senate and house fiscal agencies, the senate and house policy offices, the
state budget office, and the Medicaid health plans.
Sec. 1793. Beginning October 1 of
the current fiscal year, the department may recover a refund due to an
overpayment to a Medicaid provider only if the department notifies the provider
of the overpayment not later than 180 days after receipt of the overpayment.
Sec. 1800. For the distribution of
each of the pools within the $85,000,000.00 outpatient disproportionate share
hospital payment, the department shall maintain a formula for the distribution
of each pool based on the quality of care, cost, traditional disproportionate
share hospital factors such as Medicaid utilization and uncompensated care, and
any other factor that the department determines should be considered.
Sec. 1801. (1) From the funds
appropriated in part 1 for physician services and health plan services, the
department shall continue the increase to Medicaid rates for primary care
services provided only by primary care providers. For the purpose of this
section, a primary care provider is a physician, or a practitioner working in
collaboration with a physician, who is either licensed under part 170 or part
175 of the public health code, 1978 PA 368, MCL 333.17001 to 333.17097 and
333.17501 to 333.17556, and working as a primary care provider in general
practice or board-eligible or certified with a specialty designation of family
medicine, general internal medicine, or pediatric medicine, or a provider who
provides the department with documentation of equivalency. Providers performing
a service and whose primary practice is as a non-primary-care subspecialty is
not eligible for the increase. The department shall establish policies that
most effectively limit the increase to primary care providers for primary care
services only.
(2) By March
1 of the current fiscal year, the department shall provide to the senate and
house appropriations subcommittees on the department budget, the senate and house fiscal
agencies, the senate and house policy offices, and the state budget office a
list of medical specialties that were paid enhanced primary care rates in the
fiscal year ending September 30, 2018.
Sec. 1802. (1) From the funds
appropriated in part 1 for hospital services and therapy, $7,995,200.00 in
general fund/general purpose revenue shall be provided as lump-sum payments to
noncritical access hospitals that qualified for rural hospital access payments
in fiscal year 2013-2014 and that provide obstetrical care in the current
fiscal year. Payment amounts shall be based on the volume of obstetrical care
cases and newborn care cases for all such cases billed by each qualified
hospital in the most recent year for which data is available. Payments shall be
made by January 1 of the current fiscal year.
(2) From the funds appropriated in
part 1 for hospital services and therapy and Healthy Michigan plan,
$13,904,800.00 in general fund/general purpose revenue and any associated
federal match shall be awarded as rural access payments to noncritical access hospitals
that meet criteria established by the department for services to low-income
rural residents. One of the reimbursement components of the distribution
formula shall be assistance with labor and delivery services. The department
shall ensure that the rural access payments described in this subsection shall
be distributed in a manner that ensures both of the following:
(a) No hospital or hospital system
shall receive more than 10.0% of the total rural access funding referenced in
this subsection.
(b) To allow hospitals to
understand their rural payment amounts under this subsection, the department
shall provide hospitals with the methodology for distribution under this subsection and
provide each hospital with its applicable data that are used to determine the
payment amounts by August 1 of the current fiscal year. The department shall publish the distribution of payments for the
current fiscal year and the immediately preceding fiscal year.
Sec. 1803. To the extent allowed
under federal law or regulation, the department shall establish rules to allow
for billing to and reimbursement by the Medicaid program directly for
transportation charges related to portable x-ray services rendered to patients
residing in a nursing facility or an assisted living facility, or who are
otherwise homebound. The corresponding reimbursement policies shall be
effective as of October 1 of the current fiscal year.
Sec. 1804.
(1) The department shall enter into an interagency agreement, in cooperation
with the department of military and veterans affairs, in order to work with the federal
public assistance reporting information system to identify Medicaid recipients
who are veterans and who may be eligible for federal veterans health care benefits or other benefits. The interagency
agreement shall include the specific outcome and performance reporting
requirements described in this section. The interagency agreement shall require
the department of military and veterans affairs to provide all of the following
items by January 1 of the current fiscal year to the senate and house
appropriations subcommittees on the department budget, the senate and house
fiscal agencies, and the senate and house policy offices:
(a) The number of veterans
identified by the department through eligibility determinations.
(b) The number of veterans
referred to the department of military and veterans affairs.
(c) The number of referrals made
by the department that were contacted by the department of military and
veterans affairs.
(d) The number of referrals made
by the department that were eligible for veterans health care benefits or other
benefits.
(e) The specific actions and
efforts undertaken by the department and the department of military and
veterans affairs to identify female veterans who are applying for public
assistance benefits, but who are eligible for veterans benefits.
(2) By October 1 of the current
fiscal year, the department shall change the public assistance application form
from asking whether the prospective applicant was a veteran to asking whether
the applicant had ever served in the military.
Sec. 1805. Excluding psychiatric
care hospitals, hospitals receiving medical services payments for graduate
medical education shall submit fully completed quality data to a nonprofit organization
with extensive experience in collecting and reporting hospital quality data on
a public website. The reporting must utilize consensus-based nationally
endorsed standards that meet National Quality Forum-endorsed safe practices.
The organization collecting the data must be an organization that uses
severity-adjusted risk models and measures that will help patients and payers
identify hospital campuses likely to have superior outcomes. The public website
shall provide information to allow consumers to compare safe practices by
hospital campus, including, but not limited to, perinatal care,
hospital-acquired infection, and serious reportable events. Excluding
psychiatric care hospitals, hospitals receiving medical services payments for
graduate medical education shall also make
their fully completed quality data available on the hospital s website. The
department shall withhold 25% of a hospital s graduate medical education
payment if the hospital does not submit the data to a qualifying nonprofit organization
described in this section by January 1 of the current fiscal year.
Sec. 1806. (1) The department
shall contractually require the Medicaid health plans to report to the
department by February 1 of the current fiscal year on the following:
(a) The progress of implementing
the Medicaid health plan common formulary.
(b) The participation by the
Medicaid health plans in the Medicaid health plan common formulary.
(c) The timeliness of prior
authorization approvals or disapprovals.
(2) By March 1 of the current
fiscal year, the department shall provide the Medicaid health plan report
provided in subsection (1) and identify any areas of inconsistency across
the Medicaid health plans implementation and utilization of the Medicaid
health plan common formulary to the house and senate appropriations
subcommittees on the department budget, the house and senate fiscal agencies,
and the state budget office.
(3) The department shall
maintain policies and procedures to govern the operations of the Michigan Medicaid
health plan common formulary so that the department is able to receive fair and
full public participation.
Sec. 1807. From the funds
appropriated in part 1, the department shall increase hospital outpatient
Medicaid rates by 7% over those effective January 1, 2019. The department shall
also provide an additional $6,400,000.00 in general fund/general purpose
revenue and any associated federal match to further increase outpatient
Medicaid rates for services performed at critical access hospitals.
Sec. 1810. The department shall
enhance encounter data reporting processes and develop rules that would make
each health plan s encounter data as complete as possible, provide a fair
measure of acuity for each health plan s enrolled population for risk adjustment
purposes, capitation rate setting, diagnosis-related group rate setting, and research and analysis of program efficiencies
while minimizing health plan administrative expense. In advance of the
annual rate setting development, Medicaid health plans shall be given at least
60 days to dispute and correct any discarded encounter data before rates
are certified. The department shall notify each contracting Medicaid health
plan of any encounter data that have not been accepted for the purposes of rate
setting.
Sec. 1812. By June 1 of the
current fiscal year, and using the most recent available cost reports, the
department shall complete a report of all direct and indirect costs associated
with residency training programs for each hospital that receives funds
appropriated in part 1 for graduate medical education. The report shall be
submitted to the house and senate appropriations subcommittees on the
department budget, the house and senate fiscal agencies, and the state budget
office.
Sec. 1820. (1) In order to avoid
duplication of efforts, the department shall utilize applicable national
accreditation review criteria to determine compliance with corresponding state
requirements for Medicaid health plans that have been reviewed and accredited
by a national accrediting entity for health care services.
(2) The department shall
continue to comply with state and federal law and shall not initiate an action
that negatively impacts beneficiary safety.
(3) As used
in this section, national accrediting entity means the National Committee for
Quality Assurance, the URAC, formerly known as the Utilization Review
Accreditation Commission, or other appropriate
entity, as approved by the department.
Sec. 1837. (1) The department
shall continue, and expand where appropriate, utilization of telemedicine and
telepsychiatry as strategies to increase access to services for Medicaid
recipients.
(2) For the purpose of
reimbursement for Medicaid services furnished via a telecommunications system,
the department shall expand the definition of originating site used in the
state Medicaid provider manual to include the patient s home, or any other
established site considered appropriate by the provider.
(3) For the purpose of
reimbursement for Medicaid services furnished via a telecommunications system,
the department shall expand the definition of distant site used in the state
Medicaid provider manual to include the provider s office, or any established
site considered appropriate by the provider.
Sec. 1846. From the funds
appropriated in part 1 for graduate medical education, the department shall
distribute the funds with an emphasis on the following health care workforce
goals:
(a) The encouragement of the
training of physicians in specialties, including primary care, that are
necessary to meet the future needs of residents of this state.
(b) The training of physicians in
settings that include ambulatory sites and rural locations.
Sec. 1850. The department may
allow Medicaid health plans to assist with maintaining eligibility through
outreach activities to ensure continuation of Medicaid eligibility and
enrollment in managed care. This may include mailings, telephone contact, or
face-to-face contact with beneficiaries enrolled in the individual Medicaid health
plan. Health plans may offer assistance in completing paperwork for
beneficiaries enrolled in their plan.
Sec. 1851. From the funds
appropriated in part 1 for adult home help services, the department shall
allocate $150,000.00 state general fund/general purpose revenue plus any
associated federal match to develop and deploy a mobile electronic visit
verification solution to create administrative efficiencies, reduce error, and
minimize fraud. The development of the solution shall be predicated on input from
the results of the 2017 stakeholder survey.
Sec. 1855. From the funds
appropriated in part 1 for program of all-inclusive care for the elderly
(PACE), to the extent that funding is available in the PACE line item and
unused program slots are available, the department may do the following:
(a) Increase the number of slots
for an already-established local PACE program if the local PACE program has
provided appropriate documentation to the department indicating its ability to
expand capacity to provide services to additional PACE clients.
(b) Suspend the 10 member per
month individual PACE program enrollment increase cap in order to allow unused
and unobligated slots to be allocated to address unmet demand for PACE
services.
Sec. 1856. (1) From the funds
appropriated in part 1 for hospice services, $3,318,000.00 shall be expended to
provide room and board for Medicaid recipients who meet hospice eligibility
requirements and receive services at Medicaid enrolled hospice residences in
this state. The department shall distribute funds through grants based on the
total beds located in all eligible residences that have been providing these
services as of October 1, 2017. Any eligible grant applicant may inform the
department of their request to reduce the grant amount allocated for their
residence and the funds shall be distributed proportionally to increase the
total grant amount of the remaining grant-eligible residences. Grant amounts
shall be paid out monthly with 1/12 of the total grant amount distributed
each month to the grantees.
(2) By September 15 of the current
fiscal year, each Medicaid-enrolled hospice with a residence that receives
funds under this section shall provide a report to the department on the
utilization of the grant funding provided in subsection (1). The report
shall be provided in a format prescribed by the department and shall include
the following:
(a) The number of patients served.
(b) The number of days served.
(c) The daily room and board rates
for the patients served.
(d) If there is not sufficient
funding to cover the total room and board need, the number of patients who did
not receive care due to insufficient grant funding.
(3) If there is funding remaining
at the end of the current fiscal year, the Medicaid-enrolled hospice with a
residence shall return funding to the state.
Sec. 1857. By July 1 of the
current fiscal year, the department shall explore the implementation of a
managed care long-term support service.
Sec. 1858. By April 1 of the
current fiscal year, the department shall report to the senate and house
appropriations subcommittees on the department budget and the senate and house
fiscal agencies on all of the following elements related to the current
Medicaid pharmacy carve-out of pharmaceutical products as provided for in section 109h
of the social welfare act, 1939 PA 280, MCL 400.109h:
(a) The number of prescriptions
paid by the department during the previous fiscal year.
(b) The total amount of
expenditures for prescriptions paid by the department during the previous
fiscal year.
(c) The
number of and total expenditures for prescriptions paid for by the department
for generic equivalents during the previous fiscal year.
Sec. 1859. The department shall
partner with the Michigan Association of Health Plans (MAHP) and Medicaid
health plans to develop and implement strategies for the use of information
technology services for Medicaid research activities. The department shall make
available state medical assistance program data, including Medicaid behavioral
data, to MAHP and Medicaid health plans or any vendor considered qualified by
the department for the purpose of research activities consistent with this
state s goals of improving health; increasing the quality, reliability,
availability, and continuity of care; and reducing the cost of care for the
eligible population of Medicaid recipients.
Sec. 1860. By March 1 of the
current fiscal year, the department shall provide a report to the senate and
house appropriations subcommittees, the senate and house fiscal agencies, and
the state budget office on uncollected co-pays and premiums in the Healthy
Michigan plan. The report shall include information on the number of
participants who have not paid their co-pays and premiums, the total amount of uncollected
co-pays and premiums, and steps taken by the department and health plans to
ensure greater collection of co-pays and premiums.
Sec. 1862. From the funds
appropriated in part 1, the department shall maintain payment rates for
Medicaid obstetrical services at 95% of Medicare levels effective October 1,
2014.
Sec. 1867. (1) The department
shall continue a workgroup that includes psychiatrists, other relevant prescribers, and pharmacists to identify best
practices and to develop a protocol for psychotropic medications. Any
changes proposed by the workgroup shall protect a Medicaid beneficiary s
current psychotropic pharmaceutical treatment regimen by not requiring a
physician currently prescribing any treatment to alter or adjust that
treatment.
(2) By March 1 of the current
fiscal year, the department shall provide the workgroup s recommendations to
the senate and house appropriations subcommittees on the department budget, the
senate and house fiscal agencies, and the state budget office.
Sec. 1870. (1) From the funds
appropriated in part 1 for hospital services and therapy, the department shall
appropriate $3,750,000.00 in general fund/general purpose revenue plus any
contributions from public entities, up to $5,000,000.00, and any associated
federal match to the MiDocs consortium to create new primary care residency
slots in underserved communities. The new primary care residency slots must be
in 1 of the following specialties: family medicine, general internal
medicine, general pediatrics, general OB‑GYN, psychiatry, or general
surgery.
(2) The department shall seek
any necessary approvals from CMS to allow the department to implement the
program described in this section.
(3) Assistance with repayment of
medical education loans, loan interest payments, or scholarships provided by MiDocs shall be contingent upon a minimum
2-year commitment to practice in an underserved community in this state
post-residency and an agreement to forego any sub-specialty training for at
least 2 years post‑residency.
(4) The MiDocs shall work with
the department to integrate the Michigan inpatient psychiatric admissions discussion (MIPAD) recommendations and, when
possible, prioritize training opportunities in state psychiatric
hospitals and community mental health organizations.
(5) In collaboration with the
Michigan Health Council, the MiDocs consortium shall reserve at least 3 residency
slots per class to be used for the Michigan early primary care incentive
program.
(6) The department shall create
a MiDocs initiative advisory council to help support implementation of the
program described in this section, and provide oversight. The advisory council
shall be composed of the MiDocs consortium, the Michigan Area Health Education
Centers, the Michigan Primary Care Association, the Michigan Center for Rural
Health, the Michigan Academy of Family Physicians, and any other appointees
designated by the department.
(7) By September 1 of the
current fiscal year, MiDocs shall report to the senate and house appropriations
subcommittees on the department budget, the senate and house fiscal agencies,
the senate and house policy offices, and the state budget office, on the
following:
(a) Audited financial statement
of per-resident costs.
(b) Education and clinical quality
data.
(c) Roster of trainees,
including areas of specialty and locations of training.
(d) Medicaid revenue by training
site.
(8) Outcomes and performance
measures for this program include, but are not limited to, the following:
(a) Increasing this state s
ability to recruit, train, and retain primary care physicians and other select
specialty physicians in underserved communities.
(b) Maximizing training
opportunities with community health centers, rural critical access hospitals,
solo or group private practice physician practices, schools, and other
community-based clinics, in addition to required rotations at inpatient
hospitals.
(c) Increasing the number of
residency slots for family medicine, general internal medicine, general
pediatrics, general OB-GYN, psychiatry, and general surgery.
(9) Unexpended and unencumbered
funds up to a maximum $3,750,000.00 in general fund/general purpose revenue
plus any contributions from public entities, up to $5,000,000.00, and any
associated federal match remaining in accounts appropriated in part 1 for
hospital services and therapy are designated as work project appropriations,
and any unencumbered or unalloted funds shall not lapse at the end of the
fiscal year and shall be available for expenditures for the MiDocs consortium
to create new primary care residency slots in underserved communities under
this section until the work project has been completed. All of the
following are in compliance with section 451a(1) of the management and
budget act, 1984 PA 431, MCL 18.1451a:
(a) The purpose of the work
project is to fund the cost of the MiDocs consortium to create new primary care
residency slots in underserved communities.
(b) The work project will be
accomplished by contracting with the MiDocs consortium to oversee the creation
of new primary care residency slots.
(c) The total estimated completion
cost of the work project is $17,500,000.00.
(d) The tentative completion date
is September 30, 2024.
Sec. 1871. The funds appropriated
in part 1 for the Healthy Michigan plan healthy behaviors incentives program
shall only provide reductions in cost-sharing responsibilities and shall not
include other financial rewards such as gift cards.
Sec. 1872. From the funds
appropriated in part 1 for personal care services, the department shall
maintain the monthly Medicaid personal care supplement paid to adult foster
care facilities and homes for the aged that provide personal care services to
Medicaid recipients in place during the previous fiscal year.
Sec. 1873. From the funds
appropriated in part 1 for long-term care services, the department may allocate
up to $3,700,000.00 for the purpose of outreach and education to nursing home
residents and the coordination of housing in order to move out of the facility.
In addition, any funds appropriated shall be used for other quality improvement
activities of the program. The department shall consider working with all
relevant stakeholders to develop a plan for the ongoing sustainability of the
nursing facility transition initiative.
Sec. 1874. The department shall
ensure, in counties where program of all-inclusive care for the elderly or PACE
services are available, that the program of all-inclusive care for the elderly
(PACE) is included as an option in all options counseling and enrollment
brokering for aging services and managed care programs, including, but not
limited to, Area Agencies on Aging, centers for independent living, and the
MiChoice home and community-based waiver. Such options counseling must include
approved marketing and discussion materials.
Sec. 1875. (1) The department and
its contractual agents may not subject Medicaid prescriptions to prior
authorization procedures during the current fiscal year if that drug is carved
out or is not subject to prior authorization procedures as of May 9, 2016, and
is generally recognized in a standard medical reference or the American
Psychiatric Association s Diagnostic and Statistical Manual for the Treatment
of a Psychiatric Disorder.
(2) The department and its contractual
agents may not subject Medicaid prescriptions to prior authorization procedures
during the current fiscal year if that drug is carved out or is not subject to
prior authorization procedures as of May 9, 2016 and is a prescription drug
that is generally recognized in a standard medical reference for the treatment
of human immunodeficiency virus or acquired immunodeficiency syndrome, epilepsy
or seizure disorder, or organ replacement therapy.
(3) As used in this section, prior
authorization means a process implemented by the department or its contractual
agents that conditions, delays, or denies delivery or particular pharmacy
services to Medicaid beneficiaries upon application of predetermined criteria
by the department or its contractual agents to those pharmacy services. The
process of prior authorization often requires that a prescriber do 1 or both of
the following:
(a) Obtain preapproval from the
department or its contractual agents before prescribing a given drug.
(b) Verify to the department or
its contractual agents that the use of a drug prescribed for an individual
meets predetermined criteria from the department or its contractual agents for
a prescription drug that is otherwise available under the Medicaid program in
this state.
Sec. 1878. By March 1 of the
current fiscal year, the department shall provide a report to the senate and
house appropriations subcommittees on the department budget, the senate and
house fiscal agencies, the senate and house policy offices, and the state
budget office on hepatitis C tracking data. At a minimum, the report shall
include information on the following for individuals treated with Harvoni or
any other treatment used to cure hepatitis C during the current fiscal year or
a previous fiscal year:
(a) The total number of people
treated broken down by those treated through traditional Medicaid and those
treated through the Healthy Michigan plan.
(b) The total cost of treatment.
(c) The total cost of treatment
broken down by those treated through traditional Medicaid and those treated
through the Healthy Michigan plan.
(d) The cure rate broken down by
Metavir Score, genotype, Medicaid match rate, and drug used during treatment.
(e) The reinfection rate broken
down by Metavir Score, genotype, Medicaid match rate, and drug used during
treatment.
Sec. 1888. The department shall
establish contract performance standards associated with the capitation
withhold provisions for Medicaid health plans at least 3 months in advance of
the implementation of those standards. The determination of whether performance
standards have been met shall be based primarily on recognized concepts such as
1-year continuous enrollment and the healthcare effectiveness data and
information set, HEDIS, audited data.
Sec. 1894. By March 1 of the
current fiscal year, the department shall report to the senate and house
appropriations subcommittees on the department budget, the senate and house
fiscal agencies, the senate and house policy offices, and the state budget
office on the Healthy Kids Dental program. The report shall include, but is not
limited to, the following:
(a) The number of children
enrolled in the Healthy Kids Dental program who visited the dentist during the
previous fiscal year broken down by dental benefit manager.
(b) The number of dentists who
accept payment from the Healthy Kids Dental program broken down by dental
benefit manager.
(c) The annual change in dental
utilization of children enrolled in the Healthy Kids Dental program broken down
by dental benefit manager.
(d) Service expenditures for the
Healthy Kids Dental program broken down by dental benefit manager.
(e) Administrative expenditures
for the Healthy Kids Dental program broken down by dental benefit manager.
INFORMATION TECHNOLOGY
Sec. 1901. (1) The department
shall provide a report on a quarterly basis to the senate and house
appropriations subcommittees on the department budget, the senate and house
fiscal agencies, the senate and house policy offices, and the state budget
office on all of the following information:
(a) The process used to define
requests for proposals for each expansion of information technology projects,
including timelines, project milestones, and intended outcomes.
(b) If the department decides
not to contract the services out to design and implement each element of the
information technology expansion, the department shall submit its own project
plan that includes, at a minimum, the requirements in subdivision (a).
(c) A recommended project
management plan with milestones and time frames.
(d) The proposed benefits from
implementing the information technology expansion, including customer service
improvement, form reductions, potential time savings, caseload reduction, and
return on investment.
(e) Details on the implementation
of the integrated service delivery project, and the progress toward meeting the
outcomes and performance measures listed in section 1904(2) of this part.
(f) A list of projects approved
in the previous quarter and the purpose for approving each project including
any federal, state, court, or legislative requirement for each project.
(2) Once an award for an
expansion of information technology is made, the department shall report to the
senate and house appropriations subcommittees on the department budget, the
senate and house fiscal agencies, the senate and house policy offices, and the
state budget office a projected cost of the expansion broken down by use and
type of expense.
Sec. 1902. From the funds
appropriated in part 1 for the Michigan Medicaid information system (MMIS) line
item, private revenue may be received from and allocated for other states
interested in participating as part of the broader MMIS initiative. By March 1
of the current fiscal year, the department shall provide a report on the use of
MMIS by other states for the previous fiscal year, including a list of states,
type of use, and revenue and expenditures related to the agreements with the
other states to use the MMIS. The report shall be provided to the house and senate
appropriations subcommittees on the department budget, the house and senate
fiscal agencies, and the state budget office.
Sec. 1903. (1) The department
shall report to the senate and house appropriations subcommittees on the
department budget, the senate and house fiscal agencies, the senate and house
policy offices, and the state budget office by November 1 of the current fiscal
year the status of an implementation plan regarding the appropriation in part 1
to modernize the MiSACWIS. The report shall include, but not be limited to, an
update on the status of the settlement and efforts to bring the system in
compliance with the settlement and other federal guidelines set forth by the
United States Department of Health and Human Services Administration for
Children and Families.
(2) The department shall report to
the senate and house appropriations subcommittees on the department budget, the
senate and house fiscal agencies, the senate and house policy offices, and the
state budget office by November 1, January 1, March 1, May 1, July 1, and
September 1 of the current fiscal year a status report on the planning,
implementation, and operation, regardless of the current operational status,
regarding the appropriation in part 1 to implement the MiSACWIS. The report
shall provide details on the planning, implementation, and operation of the
system, including, but not limited to, all of the following:
(a) Areas where implementation
went as planned, and in each area including whether the implementation results
in either enhanced user interface or portal access, conversion to new modules,
or substantial operation improvement to the MiSACWIS system.
(b) The number of known issues.
(c) The average number of help
tickets submitted per day.
(d) Any additional overtime or
other staffing costs to address known issues and volume of help tickets.
(e) Any contract revisions to
address known issues and volume of help tickets.
(f) Other strategies undertaken to
improve implementation, and for each strategy area including whether the
implementation results in either enhanced user interface or portal access,
conversion to new modules, or substantial operation improvement to the MiSACWIS
system.
(g) Progress developing
cross-system trusted data exchange with MiSACWIS.
(h) Progress in moving away from a
statewide automated child welfare information system (SACWIS) to a
comprehensive child welfare information system (CCWIS).
(i) Progress developing and
implementing a program to monitor data quality.
(j) Progress developing and
implementing custom integrated systems for private agencies.
(k) A list of all change orders,
planned or in progress.
(l) The status of all change orders, planned or in progress.
(m) The estimated costs for all
planned change orders.
(n) The estimated and actual costs
for all change orders in progress.
Sec. 1904. (1) From the funds
appropriated in part 1 for the technology supporting integrated service
delivery line item, the department shall maintain information technology tools
and enhance existing systems to improve the eligibility and enrollment process
for citizens accessing department administered programs. This information technology system will
consolidate beneficiary information, support department caseworker
efforts in building a success plan for beneficiaries, and better support
department staff in supporting enrollees in assistance programs.
(2) Outcomes and performance
measures for the initiative under subsection (1) include, but are not
limited to, the following:
(a) Successful consolidation of
data warehouses maintained by the department.
(b) The amount of time a
department caseworker devotes to data entry when initiating an enrollee
application.
(c) A reduction in wait times for
persons enrolled in assistance programs to speak with department staff and get
necessary changes made.
(d) A reduction in department
caseworker workload.
Sec. 1905. (1) The department
shall report on a monthly basis to the chairs of the senate and house standing
committees on appropriations, the senate and house appropriations subcommittees
on the department budget, the senate and house appropriations subcommittees on
the general government budget, the senate and house fiscal agencies, the senate
and house policy offices, and the state budget office on all of the following:
(a) Fiscal year-to-date
information technology spending for the current fiscal year by service and
project and by line-item appropriation.
(b) Planned information technology
spending for the remainder of the current fiscal year by service and project
and by line-item appropriation.
(c) Total fiscal year-to-date
information technology spending and planned spending for the current fiscal
year by service and project and by line-item appropriation.
(d) A list of all information
technology projects estimated to cost more than $250,000.00 that exceed their
allotted budget as well as all information technology projects that have
exceeded their allotted budget by 25% or more.
(2) As used in subsection (1),
project means all of, but not limited to, the following major projects:
(a) Community health automated
Medicaid processing system (CHAMPS).
(b) Bridges and MiBridges
eligibility determination.
(c) MiSACWIS.
(d) Integrated service delivery.
(3) By April
30 of the current fiscal year, the department, in coordination with the
department of technology, management, and budget, shall
provide to the senate and house appropriations subcommittees on the department
budget, the senate and house fiscal agencies, the senate and house policy
offices, and the state budget office a 5-year strategic plan for information
technology services and projects for the department. The strategic plan shall
identify any scheduled changes in the federal and state shares of costs related
to information technology services and projects over the 5-year period. As part
of the strategic plan, the department shall include total information
technology expenditures from the previous fiscal year by fund source, total
information technology appropriations as a percentage of total department
appropriations by fund source, and a return on investment, by project, for all
information technology expenditures in the previous fiscal year. The strategic
plan shall also include, for the previous 5 fiscal years, the department s
information technology spending compared to similar departments in 3 other
states located in the Midwest.
Sec. 1906. (1) The workgroup, in
collaboration with the Michigan Federation of Children and Families and the
Association of Accredited Child and Family Agencies, shall issue a report to
the house and senate appropriations subcommittees on the department budget, the
house and senate fiscal agencies, the house and senate policy offices, and the
state budget office no later than November 1, January 1, March 1, May 1, July 1,
and September 1 of the current fiscal year that must consist of, but is not
limited to, the following:
(a) Recommendations for the
future funding and operations of MiSACWIS and the replacement state child welfare
information system.
(b) Recommendations for any
remedial actions that the workgroup considers necessary for the department to
implement in order to improve the functions of MiSACWIS and the subsequent
state child welfare information system, and measures established to determine
the success of MiSACWIS and the replacement state child welfare information
system.
(c) Any other information the
workgroup would like to provide regarding MiSACWIS and the replacement state
child welfare information system.
(2) As used in this section, workgroup
means the workgroup established by the department to facilitate the transition
from the use of MiSACWIS to a replacement state child welfare information
system, according to the independent assessment of Michigan s statewide
automated child welfare information system and child welfare data reporting
infrastructure submitted to the United States District Court for the Eastern
District of Michigan on February 25, 2019.
Sec. 1907. By October 1 and
March 1 of the current fiscal year, the department shall report to the house
and senate appropriations subcommittees on the department budget, the house and
senate fiscal agencies, the house and senate policy offices, and the state
budget office on all current, contracted information technology-related
projects, total contractual costs, spending in previous fiscal years, planned
spending for the current fiscal year, and fiscal year-to-date spending, by
project.
Sec. 1908. It is the intent of
the legislature that all funds appropriated in part 1 for information
technology shall prioritize projects directly dedicated to protecting the
public health and safety through disease surveillance, cancer support, vital
records, chronic disease, newborn screenings, public health registries, and
associated training or technical assistance.
Sec. 1909. (1) The funds
appropriated in part 1 for information technology contingency shall not be
encumbered or expended until they are transferred to another line item in part
1 by the house and senate standing committees on appropriations in accordance
with section 393(2) of the management and budget act, 1984 PA 431,
MCL 18.1393.
(2) The funds appropriated in
part 1 for one-time information technology contingency shall not be encumbered
or expended until they are transferred to another line item in part 1 by the
house and senate standing committees on appropriations in accordance with section 393(2)
of the management and budget act, 1984 PA 431, MCL 18.1393.
(3) The department shall only encumber
or expend funds for the operation, maintenance, and improvements of the
Michigan child support enforcement system (MiCSES) from the funds appropriated
in part 1 for child support automation.
(4) The department shall only
encumber or expend funds for the operation, maintenance, and improvements of
Bridges and MIBridges from the funds appropriated in part 1 for bridges
information system.
(5) The department shall only
encumber or expend funds for the operation, maintenance, and improvements of
integrated service delivery from the funds appropriated in part 1 for
technology supporting integrated service delivery.
(6) The department shall only
encumber or expend funds for the operation, maintenance, and improvements of
the community health automated Medicaid processing system (CHAMPS) from the
funds appropriated in part 1 for Michigan Medicaid information system.
(7) The department shall only
encumber or expend funds for the operation, maintenance, and improvements of
MiSACWIS from the funds appropriated in part 1 for Michigan statewide automated
child welfare information system.
(8) The department shall only
encumber or expend funds for the operation, maintenance, and improvements to
the state child welfare information system from the funds appropriated in part
1 for state child welfare information system.
(9) The department shall not
encumber or expend funds for a system intended to replace MiSACWIS sooner than
30 days after submitting a spending plan for the development or procurement of
the replacement system to the speaker of the house of representatives, the
senate majority leader, the house and senate standing committees on
appropriations, the house and senate fiscal agencies, the house and senate
policy offices, and the state budget office.
ONE-TIME APPROPRIATIONS
Sec. 1910. (1) From the funds
appropriated in part 1 for the drinking water declaration of emergency, the
department shall allocate funds to address needs in a city in which a
declaration of emergency was issued because of drinking water contamination.
These funds may support, but are not limited to, the following activities:
(a) Nutrition assistance,
nutritional and community education, food bank resources, and food inspections.
(b) Epidemiological analysis and
case management of individuals at risk of elevated blood lead levels.
(c) Support for child and
adolescent health centers, children s healthcare access program, and pathways
to potential programming.
(d) Nursing services,
breastfeeding education, evidence-based home visiting programs, intensive
services, and outreach for children exposed to lead coordinated through local
community mental health organizations.
(e) Department field operations
costs.
(f) Lead poisoning surveillance,
investigations, treatment, and abatement.
(g) Nutritional incentives
provided to local residents through the Double Up Food Bucks Expansion Program.
(h) Genesee County health
department food inspectors to perform water testing at local food service
establishments.
(i) Transportation related to
health care delivery.
(j) Senior initiatives.
(k) Lead abatement contractor
workforce development.
(2) From the funds appropriated
in part 1 for the drinking water declaration of emergency, the department shall
allocate $300,000.00 for Revive Community Health Center for health support
services as the center pursues certification as a federally qualified health
center.
(3) From the funds appropriated
in part 1 for the drinking water declaration of emergency, the department shall
allocate $500,000.00 for Rides to Wellness through the Flint mass
transportation authority.
Sec. 1911. From the funds
appropriated in part 1 for child and adolescent health centers, the department
shall allocate $1,000,000.00 for the expansion of school-based child and
adolescent health centers for the delivery of behavioral and physical health
services. The department shall consult with the School-Community Health
Alliance of Michigan in determining sites for new health centers or expansion
of existing health centers. In determining sites, priority shall be given by
the department to counties having a population of 125,000 or fewer persons
according to the most recent decennial census, and to areas of the state that
are currently underserved by school-based child and adolescent health centers.
Sec. 1912. From the funds
appropriated in part 1 for co-responder crisis services pilot, $60,000.00 is
allocated for mobile crisis resolution services, to an existing mobile crisis
resolution provider with an existing walk-in center, who is working in
conjunction with a township police department within 6 miles of the walk-in
center. The service provider shall be stationed in a county with a population
of at least 1,500,000. The mobile crisis resolution service provider shall be
engaged by the township police department when a call indicates a behavioral
health concern that does not meet criteria for a criminal charge or petition
for mental health evaluation. The mobile crisis provider shall provide crisis
stabilization services, including assessment, care coordination, and referrals
for ongoing treatment. The mobile crisis services provider shall collect and
submit to the department data on the outcomes of the pilot project throughout
the duration of the pilot project and shall
provide a report on the pilot project s outcomes to the house and senate
appropriations subcommittees on the department budget, the house and
senate fiscal agencies, and the state budget office.
Sec. 1913. (1) From the funds
appropriated in part 1 for cercarial dermatitis prevention program, the
department shall allocate $250,000.00 for a program to address the presence of
parasites in inland lakes causing cercarial dermatitis. The funds shall be
distributed to a Michigan-based nonprofit organization for the purpose of
pursuing comprehensive, science-based mitigation and research by appropriately
qualified subject matter experts to prevent cercarial dermatitis outbreaks.
This appropriation may be used to reimburse costs incurred before the effective
date of this act.
(2) By
January 1, the department must submit a report to the house and senate
appropriations subcommittees on the department budget detailing data
collected, program plan, and effectiveness measures of the cercarial dermatitis
prevention program.
Sec. 1914. From the funds
appropriated in part 1 for primary care and dental health services, $150,000.00
shall be allocated for primary care clinic and dental health clinic services
for indigent individuals to be provided in clinic locations in the city of
Detroit and Wayne County by a public nonprofit organization with a stated
mission of providing medical, behavioral, and mental health services, as well
as other related support services, to underserved populations in Detroit, Wayne
County, surrounding counties, and throughout Michigan.
Sec. 1915. From the funds
appropriated in part 1 for healthy communities grant, $300,000.00 shall be
allocated for a 1-time grant to Leaders Advancing and Helping Communities for
community healthy living, obesity prevention, and substance abuse prevention
programs.
Sec. 1916. (1) From the funds
appropriated in part 1 for human trafficking survivors assistance, the
department shall allocate $500,000.00 of crime victim s rights fund to support
a long-term women s shelter in southeastern Michigan for women aged 18 and
older who are survivors of human trafficking that offers housing and
comprehensive services to address the physical, psychological, and spiritual
aspects of recovery through a voluntary 2-year program. Services provided by
the shelter include counseling and therapy for both trauma and addiction,
medical and dental evaluations and services, job training, GED or high school
completion programs or college, skilled trade training, computer skills
training, job placement counseling, legal assistance, health and wellness
consulting, addiction recovery meetings, and opportunities for spiritual
growth.
(2) From the funds appropriated
in part 1 for human trafficking survivors assistance, the department shall
allocate $500,000.00 of crime victim s rights fund to support a long-term women s
shelter in a city with a population between 188,000 and 189,000 according to
the most recent decennial census. The shelter shall offer housing and
comprehensive services to women who are survivors of human trafficking.
Sec. 1917. From the funds
appropriated in part 1 for lead exposure response and abatement, the department
shall allocate $3,434,500.00 to address statewide and community needs to
respond to situations that have caused lead contamination in water, soil, or
housing, and elevated human blood lead levels and health consequences due to
lead poisoning. Eligible communities may include a city in which a declaration
of emergency was issued because of drinking water contamination. These funds
may support, but are not limited to, the following activities:
(a) Nutrition assistance,
nutritional and community education, food bank resources, and food inspections.
(b) Epidemiological analysis and
case management of individuals at risk of elevated blood lead levels.
(c) Support for access to health
care for children and adolescents.
(d) Nursing services,
breastfeeding education, evidence-based home visiting programs, intensive
services, and outreach for children exposed to lead coordinated through local
community mental health organizations.
(e) Department field operations
costs.
(f) Lead poisoning surveillance,
investigations, treatment, and abatement.
(g) Water testing at local food
service establishments by local health department food inspectors.
(h) Transportation related to
health care delivery.
(i) Senior initiatives.
(j) Lead abatement contractor
workforce development.
Sec. 1918. From the funds
appropriated in part 1 for substance abuse community and school outreach, the
department shall allocate $100,000.00 to a coalition located in a county with a
population of at least 1,500,000 with an aim to lead and support communities to
dispel the myths and stigmas about drug addiction through public education,
sharing stories of recovery, partnering with local and state leaders, creating
positive social changes, and providing recovery support services for those in
need.
Sec. 1919. (1) From the funds
appropriated in part 1 for unified clinics resiliency center for families and
children, the department shall allocate $1,500,000.00 to a 4-year state
university located in a county with a population between 250,000 and 251,000
according to the most recent decennial census to be used to develop and operate
a resiliency center for families and children to address the multifaceted needs
of those experiencing trauma, toxic stress, chronic disability,
neurodevelopmental disorders, or addictions.
(2) Outcomes and performance
measures for the resiliency center funded under this section shall
include, but not be limited to, the following:
(a) The number of children and
families who received services from the center.
(b) The types of screening
offered by the center and the number of clients that received each screening
type.
(c) The number of trauma
assessments completed through the center s programs and the average cost of a
trauma assessment for each type of client, including children, adults, and
families.
(d) The types of services
offered by the center and the number of clients that received each service
type.
(e) The number of referrals for
services made to children and families.
(f) A breakdown of the
expenditures made for the development of the resiliency center for families and
children by major category.
(3) By March 1 of the current
fiscal year, the resiliency center for families and children shall report to
the house and senate appropriations subcommittees on the department budget, the
house and senate fiscal agencies, the house and senate policy offices, and the state
budget office on the status of the development of the resiliency center funded
under this section and on the information required in subsection (2).
(4) The unexpended portion of
funds appropriated in part 1 for unified clinics resiliency center for families
and children is designated as a work project appropriation. Any unencumbered or
unallotted funds shall not lapse at the end of the fiscal year and shall be
available for expenditure for the project under this section until the
project has been completed. The following is in compliance with section 451a(1)
of the management and budget act, 1984 PA 431, MCL 18.1451a:
(a) The purpose of the work
project is to provide funding for the operation and maintenance of a unified
clinics resiliency center for families and children as provided by this
section.
(b) The project will be
accomplished through funding to a 4-year state university for the operation and
maintenance of the center.
(c) The total estimated cost of
the work project is $1,500,000.00 of general fund/general purpose revenue.
(d) The estimated completion
date is September 30, 2022.
(5) It is the intent of the
legislature that this is the first year out of 3 years that funding is to be
provided by the legislature for the unified clinics resiliency center for
families and children described in this section, and that in each of the 2
following years, $750,000.00 be provided by the legislature.
Sec. 1920. (1) From the funds
appropriated in part 1 for autism navigator, the department shall require any
contractor receiving funds from this line item to comply with
performance-related metrics to maintain eligibility for funding. The
organizational metrics shall include, but not be limited to, all of the
following:
(a) Each contractor shall have
accreditations that attest to their competency and effectiveness in providing
services.
(b) Each contractor shall
demonstrate cost-effectiveness.
(c) Each contractor shall ensure
their ability to leverage private dollars to strengthen and maximize service provision.
(d) Each contractor shall
provide quarterly reports to the department regarding the number of clients
served, units of service provision, and ability to meet their stated goals.
(2) The department shall require
an annual report from any contractor receiving funding from the autism
navigator line item. The annual report, due to the department 60 days following
the end of the contract period, shall include specific information on services
and programs provided, the client base to which the services and programs were
provided, and the expenditures for those services. The department shall provide
the annual reports to the senate and house appropriations subcommittees on the
department budget, the senate and house fiscal agencies, and the state budget
office.
Sec. 1921. (1) From the funds
appropriated in part 1 for employment first, the department shall allocate
$500,000.00 to support the objectives stated in Executive Order No. 2015-15.
(2) The department shall use the
funds to provide consultation and technical assistance to support best
practices to increase competitive integrated employment for people with
disabilities in areas such as statewide capacity building of professionals
providing job preparation, placement, and retention supports and services;
provider transformation among community rehabilitation organizations; rate
restructuring of employment supports and services; blending and braiding of
resources; seamless transition outcomes from education to employment; employer
engagement; education and outreach to clients and their families, including
information on benefits coordination and planning; and other systemic change
activities leading to competitive integrated employment.
Sec. 1922. (1) From the funds
appropriated in part 1 for wrap-around services, the department shall allocate
$600,000.00 as a grant, to implement a pilot program that will provide
wrap-around services designed to promote academic achievement through targeting
both academic and nonacademic barriers to learning during out-of-school
periods. The department shall grant at least 3 awards to program applicants as
funding is available. The funds shall be available to schools, school
districts, and public school academies with an equal number of projects in each
county where a grant is awarded. The grants shall be awarded in the following
way: a county with a population of greater than 1,800,000 according to the most
recent decennial census, a county with a population of between 601,000 and
605,000 according to the most recent decennial census, and a county with a
population of between 420,000 and 430,000 according to the most recent
decennial census. To be eligible for the grants, the school, school district,
or public school academy shall have at least 67% of the population with an
income of less than 185% of the federal poverty level. Priority for selection
shall be given to schools, school districts, and public school academies that
have signed agreements, signed contracts, or signed memorandums with nonprofit,
community-based organizations organized under the laws of this state that are
exempt from federal income tax under section 501(c)(3) of the internal
revenue code of 1986, 26 USC 501. The pilot program shall include the following
program elements:
(a) Schools,
school districts, and public school academies are encouraged to offer
educational awareness programs such as wrap-around programs and integrated
student supports that promote academic achievement through overcoming academic
and nonacademic barriers to learning.
(b) Activities of
an integrated student supports program funded under this subsection may
include, but not be limited to, tutoring, dental and health screenings,
social-emotional, health, meals, and exercise.
(c) Schools,
school districts, and public school academies are encouraged to facilitate
coordination to ensure the integrated student supports program supplements the
services currently available to students and families.
(d) Schools,
school districts, and public school academies that are selected for
participation under this section shall provide a plan to transition the
cost of the program to existing funds or private funds raised over 5 years,
by providing increasing matching funds throughout the pilot program.
(e) Participating
schools, school districts, and public school academies shall track academic and
nonacademic indicators of student progress, including, but not limited to, the
following indicators:
(i) Pupil proficiency in mathematics and
English language arts as measured by section 1280g(1)(a)(i) of the revised school code, 1976 PA 451,
MCL 380.1280g.
(ii) Pupils achieving adequate growth in
mathematics and English language arts as measured by section 1280g(1)(a)(ii) the revised school code, 1976 PA 451,
MCL 380.1280g.
(iii) Impact on chronic absenteeism rates
as measured by section 1280g(1)(b)(i)
of the revised school code, 1976 PA 451, MCL 380.1280g.
(iv) Impact on student discipline,
suspensions, and expulsions using data as reported to and tracked by the center
for educational performance and information.
(2) The department
shall submit a report to the senate and house appropriations subcommittees on
the department budget, the senate and house fiscal agencies, the senate and
house policy offices, and the state budget office, by March 1 of the current
fiscal year with information about the grant recipients including award amount,
details about how the recipient organization will comply with the reporting
requirements in subsection (1), and any advancement toward a transition to
local funding sources to maintain the pilot program for 5 years.
(3) Unexpended and unencumbered
funds up to a maximum $600,000.00 in general fund/general purpose revenue plus
any contributions from public entities, up to $600,000.00, and any associated
federal match remaining in accounts appropriated in part 1 for wrap-around
services are designated as work project appropriations, and any unencumbered or
unalloted funds shall not lapse at the end of the fiscal year and shall be
available for expenditures for the out of school wrap-around services pilot for
the creation of new programs that will promote academic achievement under this section until
the work project has been completed. All of the following are in compliance
with section 451a(1) of the management and budget act, 1984 PA 431,
MCL 18.1451a:
(a) The purpose of the work
project is to fund the cost of the creation of wrap-around service programs in
3 communities.
(b) The work project will be
accomplished by contracting with nonprofit, community-based organizations to
oversee the creation of the new out-of-school programs.
(c) The total estimated
completion cost of the work project is $600,000.00.
(d) The tentative completion
date is September 30, 2022.
Sec. 1923. From
the funds appropriated in part 1 for senior citizen center program grants, the
department shall allocate $500,000.00 for a grant program administered by the
aging and adult services agency to support health-related senior programs at
multipurpose senior citizen centers. Program goals shall include mental and
physical health maintenance and improvement for senior participants. Grant
awards shall not exceed $5,000.00 for a program. Grantees are encouraged to
match the funding with participant fees or other nonstate source of funds. A
private housing facility with senior activity programs is not eligible for the
grant program.
Sec. 1924.
(1) From the funds appropriated in part 1 for senior community services,
$400,000.00 is appropriated for Alzheimer s disease services. The funds shall be remitted to the
Alzheimer s Association-Michigan chapter for the purpose of carrying out a
dementia care and support program in Allegan, Kent, Lenawee, Macomb, Midland,
Monroe, Oakland, St. Clair, St. Joseph, and Wayne Counties. Program services
shall be provided to individuals with Alzheimer s disease or dementia and their
families in the 10 counties, and shall include a 24/7 helpline, continued care
consultation, and referrals to support groups and other community-based
services. The Alzheimer s Association-Michigan chapter shall also contract for
an evaluation of the program. The total cost for program evaluation shall not
exceed $15,000.00.
(2) By March 1 of
the current fiscal year, the department shall provide a report to the house and
senate subcommittees on the department budget, the house and senate fiscal
agencies and policy offices, and the state budget office on the status of the
program and the evaluation, the number of employees funded by the program, the
number of persons served by the program, and the number of persons served by
the program who continue to live in their own home as known as of the date of
the report. The report shall include an analysis of program data to assess
whether providing the in-home support services significantly delays the need
for residential long-term care services for individuals with Alzheimer s
disease or dementia.
Sec. 1925. From the funds
appropriated in part 1 for children s behavioral health counseling services,
the department shall allocate $100,000.00 as a grant to Mosaic Counseling for
children s behavioral health counseling services for children in uninsured or
underinsured households. As part of the grant agreement, Mosaic Counseling
shall provide a report by September 30 of the current fiscal year to the house
and senate appropriations subcommittees on the department
budget, the house and senate fiscal agencies, the house and senate policy
offices, the state budget office, and the department on the number of children
served, the counties where the children
reside, and the value of the services with the goal of turning the funds
appropriated in part 1 into a service value of over $200,000.00.
Sec. 1926.
From the funds appropriated in part 1 for food delivery, the department shall
allocate $470,000.00 to a nonprofit, community-based organization organized under the laws
of this state that are exempt from federal income tax under section 501(c)(3)
of the internal revenue code of 1986, 26 USC 501, located in a charter township
with a population of between 30,900 and 31,000 according to the most recent
decennial census which charter township is located in a county with a
population of between 601,000 and 603,000 according to the most recent
decennial census. The nonprofit selected shall use the funds to gather and
distribute food to relieve hunger and increase food security.
Sec. 1927. From the funds
appropriated in part 1 for Asian American health care and wellness initiative,
the department shall appropriate $150,000.00 to a nonprofit organization
organized under the laws of this state that is exempt from federal income tax
under section 501(c)(3) of the internal revenue code of 1986, 26 USC 501,
and is located in a county with a population between 602,000 and 603,000
according to the most recent decennial census to implement a pilot program to
provide health care services in a culturally and linguistically competent
manner. To be eligible to receive funding, the organization must have a stated
vision of building a collaborative, active, and committed Asian American
community in west Michigan with a focus on health care, education, and
empowerment.
Sec. 1928. From the funds
appropriated in part 1 for opioid transitional housing and services grant, the
department shall allocate $750,000.00 to a nonprofit organization organized
under the laws of this state that is exempt from federal income tax under section 501(c)(3)
of the internal revenue code of 1986, 26 USC 501, and is located in a
county with a population between 160,000 and 162,000 according to the most
recent decennial census for operational use as it relates to the state s
mission regarding substance use disorder and opioid abuse. To be eligible to
receive funding, the organization must have a stated mission to educate the
community on opiate abuse and provide support for families and those suffering
addiction.
Sec. 1929. From the funds
appropriated in part 1 for refugee assistance grant, the department shall
allocate $175,000.00 to a nonprofit corporation organized under the laws of
this state that is exempt from federal income tax under section 501(c)(3)
of the internal revenue code of 1986, 26 USC 501, to operate an initiative to transition low-income refugee families to
self-sufficiency. To be eligible to receive funding, the organization
must have a stated core purpose of providing programs that guide, support, and
empower individuals to achieve self-sufficiency with dignity and hope. This
initiative must utilize a measurable, evidence-based approach that integrates
treatment for poverty across health care, human services, educational,
faith-based, and governmental programs. The
organization receiving funds under this section must report to the
department by September 30 of the current fiscal year on metrics used to
measure the success and viability of the initiative.
Sec. 1930. (1) From the funds
appropriated in part 1 for autism train the trainer grant, the department shall
appropriate $100,000.00 to implement a pilot project to train school employees
on the principles and practices of applied behavior analysis and research-based
intervention strategies. The pilot project must do both of the following:
(a) Train paraprofessionals and
teachers in a school district with a headquarters located in a city with a
population between 6,900 and 7,000 according to the most recent decennial
census in applied behavior analysis skills that match the national standard for
behavior technician-level work and research-based intervention strategies.
(b) Train teacher consultants,
school social workers, school psychologists, and other school personnel
responsible for conducting functional behavioral assessments and the
development of behavior support plans in a school district with a headquarters
located in a city with a population between 6,900 and 7,000 according to the
most recent federal decennial census methods for assuring implementation of a
behavior plan with fidelity and strategies for sharing understanding of
evidence-based behavioral health approaches with other school-based personnel.
(2) Outcomes and performance
measures for the pilot project funded under this section shall include,
but not be limited to, the following:
(a) A decrease in the number of center-program
and self-contained-classroom referrals.
(b) A decrease in the number of
suspensions, removals, and expulsions.
(c) A decrease in paraprofessional
absences.
(d) An increase in teacher
retention.
(e) An increase in safety.
(3) By September 1 of the
current fiscal year, the department shall report to the senate and house
appropriations subcommittees on the department budget, the senate and house
fiscal agencies, the senate and house policy offices, and the state budget
office on the information required in subsection (2).
Sec. 1931. The department shall
spend available work project revenue to continue the implementation of the
Michigan medical resident loan repayment program as specified in section 1918
of article X of 2018 PA 207.
Sec. 1932. (1) From the funds
appropriated in part 1 for legal assistance, $60,000.00 shall be allocated to
the Allegan County Legal Assistance Center to provide legal assistance to
low-income individuals.
(2) The funds appropriated in
part 1 for legal assistance shall be disbursed no later than November 1 of the
current fiscal year.
Sec. 1933. From the funds
appropriated in part 1 for Project ECHO Opioid Intervention, the department
shall allocate $40,000.00 to a nonprofit center for rural health housed within
a 4-year state university located in a county with a population between 280,000
and 285,000 according to the most recent decennial census for an opioid
response consortium in northern Michigan. To be eligible to receive funding,
the consortium must have a stated objective to develop and implement strategies
to address the opioid epidemic across the Northern Michigan Opioid Response
Consortium 14-county region.
Sec. 1934. (1) From the funds
appropriated in part 1 for hospital behavioral health pilot program, the
department shall appropriate $4,000,000.00 to McLaren Greater Lansing for a
pilot program located in a county with a population between 280,000 and 281,000
according to the most recent federal decennial census for the purpose of
operating a pilot program to ensure that the behavioral and physical health
needs of Michigan residents are addressed. This pilot program shall seek to
provide additional behavioral health services in a more efficient manner due to
a partnership with state-based institutions on staffing assistance and shared
services with a Michigan-based health system. The pilot program shall do all of
the following:
(a) Connect participants with
available benefits.
(b) Help participants maintain
eligibility.
(c) Link participants with necessary
health care services.
(d) Maintain participants
medication routines.
(e) Address participants
barriers to care.
(2) For the duration of the
pilot program, the department shall allow for the direct referral of patients
to the pilot program. It is the intent of the legislature that this pilot
program shall be designed to last 3 years and that the pilot program not exceed
a maximum bed capacity of 45 beds.
(3) By September 30 of the
current fiscal year, the managing entity of the pilot program shall submit a
report to the department, the senate and house appropriations subcommittees on
the department budget, the senate and house fiscal agencies, the senate and
house policy offices, and the state budget office. The report shall include, at
a minimum, all of the following:
(a) The number of patients
served by the pilot program.
(b) A breakdown of state
expenditures for the pilot program.
(c) A breakdown of cost savings
compared to a facility solely operated by the state.
(d) The average length of a patient
stay.
(e) The number of readmissions
of a patient in a 365-day period.
(f) Number of staffing hours
worked by university students.
(g) The number of admitted
patients.
(h) Distance traveled to reach
the facility.
(i) Number of patients who had
previously been admitted to a mental health facility.
(j) Number of patients who were
admitted to a mental health facility for the first time.
Sec. 1935. From the funds
appropriated in part 1 for the homelessness elimination blueprint, the
department shall allocate $250,000.00 to a county with a population between
1,000,000 and 1,500,000 according to the most recent decennial census. The
county receiving the funding shall use the money to research and create a
comprehensive actionable plan to end homelessness in that county. The county
receiving the funding shall work to improve alignment with existing programs,
create an eviction prevention program, create permanent affordable housing,
create a system of care for people who are homeless or precariously housed,
create strong community engagement, develop
programs and incentives to encourage landlords to accept housing vouchers,
and develop other programs, initiatives, and systems to assist in eliminating
homelessness.
Sec. 1936. From the funds
appropriated in part 1 for healthy seniors grant, the department shall allocate
$1,000,000.00 for programs and services at a senior citizen center in a city
with a population between 45,000 and 50,000 according to the most recent
decennial census within a county with a population between 250,000 and 260,000
according to the most recent decennial census. The senior citizen center shall
be required to identify nonstate matching funds in an equivalent amount in
order to receive the grant.
Sec. 1937.
From the funds appropriated in part 1 for sexual assault comprehensive services
grant, $2,000,000.00 shall be allocated to the Michigan
domestic and sexual violence prevention and treatment board (MDSVPTB) for sexual assault comprehensive victim services
funding, as defined by MDSVPTB, to be distributed through a competitive
grant process to entities determined by MDSVPTB to have demonstrated capacity
to provide such services.
Third: That the Senate and House
agree to the title of the bill to read as follows:
A bill to make appropriations for
the department of health and human services for the fiscal year ending
September 30, 2020; and to provide for the expenditure of the appropriations.
Peter
MacGregor
Jim
Stamas
Conferees
for the Senate
Mary
Whiteford
Phil
Green
Abdullah
Hammoud
Conferees
for the House
The
question being on the adoption of the conference report,
Roll Call No. 235 Yeas 64
Afendoulis Frederick LaFave Rendon
Albert Glenn Leutheuser Schroeder
Alexander Green Lightner Sheppard
Allor Griffin Lilly Slagh
Bellino Hall Love VanSingel
Berman Hammoud Lower VanWoerkom
Bollin Hauck Maddock Vaupel
Brann Hernandez Marino Wakeman
Calley Hoadley Markkanen Webber
Chatfield Hoitenga Meerman Wendzel
Cherry Hood Miller Wentworth
Cole Hornberger Mueller Whiteford
Crawford Howell O Malley Whitsett
Eisen Huizenga Paquette Witwer
Farrington Iden Pohutsky Wozniak
Filler Kahle Reilly Yaroch
Nays 44
Anthony Ellison Jones Rabhi
Bolden Garrett Kennedy Robinson
Brixie Garza Koleszar Sabo
Byrd Gay-Dagnogo Kuppa Shannon
Cambensy Greig LaGrand Sneller
Camilleri Guerra Lasinski Sowerby
Carter,
T. Haadsma Liberati Stone
Chirkun Hertel Manoogian Tate
Clemente Hope Neeley Warren
Coleman Johnson, C. Pagan Wittenberg
Elder Johnson, S. Peterson Yancey
In The Chair: Wentworth
Rep.
Cole moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Senate
Bill No. 138, entitled
A bill to make appropriations for
the legislature, the executive, the department of the attorney general, the
department of state, the department of treasury, the department of technology,
management, and budget, the department of civil rights, the department of
talent and economic development, and certain other state purposes for the
fiscal year ending September 30, 2020; to provide for the expenditure of the
appropriations; to provide for the disposition of fees and other income
received by the state agencies; and to declare the effect of this act.
The Senate has adopted the report
of the Committee of Conference and ordered that the bill be given immediate
effect.
The Conference Report was read as
follows:
First Conference Report
The Committee of Conference on the
matters of difference between the two Houses concerning
Senate
Bill No. 138, entitled
A bill to make appropriations for
the legislature, the executive, the department of the attorney general, the
department of state, the department of treasury, the department of technology,
management, and budget, the department of civil rights, the department of
talent and economic development, and certain other state purposes for the
fiscal year ending September 30, 2020; to provide for the expenditure of the
appropriations; to provide for the disposition of fees and other income
received by the state agencies; and to declare the effect of this act.
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:
A bill to make appropriations for
the legislature, the executive, the department of the attorney general, the
department of state, the department of treasury, the department of technology,
management, and budget, the department of civil rights, the department of labor
and economic opportunity, and certain other state purposes for the fiscal year
ending September 30, 2020; to supplement appropriations for certain state
departments and certain other state purposes for the fiscal year ending
September 30, 2019; to provide for the expenditure of the appropriations; to
provide for the disposition of fees and other income received by the state
agencies; to repeal acts and parts of acts; and to declare the effect of this
act.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
PART 1
LINE-ITEM APPROPRIATIONS
Sec. 101. There is appropriated
for the legislature, the executive, the department of the attorney general, the
department of state, the department of treasury, the department of technology,
management, and budget, the department of civil rights, the department of labor
and economic opportunity, and certain state purposes related thereto for the
fiscal year ending September 30, 2020, from the following funds:
TOTAL GENERAL GOVERNMENT
APPROPRIATION SUMMARY
Full-time equated unclassified
positions....................................................... 50.0
Full-time equated classified
positions...................................................... 8,757.7
GROSS APPROPRIATION............................................................................... $ 5,257,231,900
Interdepartmental grant revenues:
Total interdepartmental grants and
intradepartmental transfers................................ 1,024,884,300
ADJUSTED GROSS APPROPRIATION............................................................ $ 4,232,347,600
Federal revenues:
Total federal revenues........................................................................................ 808,347,300
Special revenue funds:
Total local revenues........................................................................................... 16,037,000
Total private revenues........................................................................................ 6,255,700
Total other state restricted
revenues..................................................................... 2,353,503,200
State general fund/general purpose...................................................................... $ 1,048,204,400
[Please see the PDF version of this journal, if available, to view this image.]
Sec. 102. DEPARTMENT OF ATTORNEY GENERAL
(1) APPROPRIATION SUMMARY
Full-time equated unclassified
positions......................................................... 6.0
Full-time equated classified
positions........................................................ 536.4
GROSS APPROPRIATION............................................................................... $ 105,982,800
Interdepartmental grant revenues:
Total interdepartmental grants and
intradepartmental transfers................................ 34,373,000
ADJUSTED GROSS APPROPRIATION............................................................ $ 71,609,800
Federal revenues:
Total federal revenues........................................................................................ 9,713,700
Special revenue funds:
Total local revenues........................................................................................... 0
Total private revenues........................................................................................ 0
Total other state restricted
revenues..................................................................... 20,159,800
State general fund/general purpose...................................................................... $ 41,736,300
(2) ATTORNEY GENERAL OPERATIONS
Full-time equated unclassified
positions......................................................... 6.0
Full-time equated classified
positions........................................................ 536.4
Attorney general................................................................................................ $ 112,500
Unclassified positions 5.0 FTE
positions........................................................... 824,100
Complex litigation............................................................................................. 25,500
Criminal division 33.0 FTE
positions................................................................ 6,367,000
Departmentwide 22.0 FTE positions................................................................. 4,222,700
Criminal appellate division 17.0
FTE positions.................................................. 3,159,200
PACC operations............................................................................................... 1,900
Health care fraud division 27.0
FTE positions.................................................... 5,150,600
Children and youth services
division 2.0 FTE positions....................................... 254,300
Child support division........................................................................................ 88,100
Child elder family financial
crimes division.......................................................... 19,100
Corporate oversight division 20.0
FTE positions................................................ 3,893,000
Licensing and regulation division 21.0
FTE positions......................................... 4,059,300
Consumer protection division 13.0
FTE positions............................................... 2,407,500
Finance division 9.0 FTE positions................................................................... 1,787,500
State operations division 29.0 FTE
positions...................................................... 5,522,000
Health education and family
services division 53.0 FTE positions........................ 10,078,100
Environment, natural resources,
and agriculture division 20.0 FTE positions......... 3,851,000
Transportation division 10.0 FTE
positions........................................................ 2,000,000
Public administration......................................................................................... 3,300
Special litigation division 5.0
FTE positions...................................................... 911,400
Labor division 32.0 FTE positions.................................................................... 6,156,400
Revenue and tax division 33.0 FTE
positions..................................................... 6,308,700
Alcohol and gambling enforcement
division 14.0 FTE positions.......................... 2,643,600
Public service commission 11.0 FTE
positions................................................... 2,029,600
Civil litigation, employment, and
elections division 23.0 FTE positions................ 4,439,800
Civil rights division 4.0 FTE
positions.............................................................. 779,300
SCFRA and collections division.......................................................................... 37,200
Executive 10.0 FTE positions........................................................................... 1,840,600
Opinions review board 1.0 FTE
position............................................................ 222,700
Solicitor general 7.0 FTE
positions................................................................... 1,292,200
Human resources 5.0 FTE positions.................................................................. 939,900
Fiscal management 6.0 FTE
positions............................................................... 1,080,600
Office of legislative affairs 3.0
FTE positions.................................................... 481,700
Office of constituent relations 2.0
FTE positions................................................ 425,200
Office of communications 2.0 FTE
positions...................................................... 379,500
Department of attorney general 14.0
FTE positions............................................. 2,636,300
Attorney general staff 17.0 FTE
positions.......................................................... 3,204,300
Human trafficking initiative 2.0
FTE positions................................................... 390,200
[Please see the PDF version of this journal, if available, to view this image.]
Flint water investigation 14.0 FTE positions...................................................... 2,600,000
Drug unit and opioid enforcement 4.0
FTE positions.......................................... 700,000
Consumer protection initiative 4.0
FTE positions............................................... 732,300
Elder abuse task force 1.0 FTE
position............................................................. 230,000
Auto insurance fraud unit 0.2 FTE
position........................................................ 30,000
Conviction integrity unit 1.0 FTE
position......................................................... 100,000
Hate crimes unit 0.2 FTE position..................................................................... 30,000
Child support enforcement
personnel 25.0 FTE positions.................................... 3,313,400
Child support enforcement program..................................................................... 309,200
Ok2Say personnel 2.0 FTE positions................................................................. 350,100
Ok2Say program............................................................................................... 1,122,200
Prosecuting attorneys coordinating
council personnel 12.0 FTE positions............. 1,825,500
Prosecuting attorneys coordinating
council program.............................................. 386,900
Public safety initiative personnel 1.0
FTE position.............................................. 110,200
Public safety initiative program........................................................................... 796,000
Sexual assault law enforcement
personnel 5.0 FTE positions............................... 1,393,200
Sexual assault law enforcement
program.............................................................. 329,700
GROSS APPROPRIATION............................................................................... $ 104,384,600
Appropriated from:
Interdepartmental grant revenues:
IDG from MDOC.............................................................................................. 686,100
IDG from MDE................................................................................................. 765,500
IDG from MDEGLE.......................................................................................... 2,077,200
IDG from MDHHS, health policy........................................................................ 303,600
IDG from MDHHS, human services.................................................................... 6,345,400
IDG from MDHHS, medical services
administration............................................. 713,200
IDG from MDHHS, WIC................................................................................... 342,900
IDG from MDIFS, financial and
insurance services............................................... 1,191,300
IDG from MDLARA, bureau of
marijuana regulatory agency................................ 1,442,600
IDG from MDLARA, fireworks safety
fund......................................................... 86,000
IDG from MDLARA, health
professions.............................................................. 3,155,600
IDG from MDLARA, licensing and
regulation fees............................................... 749,600
IDG from MDLARA, Michigan
occupational safety and health administration......... 200,000
IDG from MDLARA, remonumentation
fees........................................................ 109,900
IDG from MDLARA, securities fees................................................................... 713,100
IDG from MDLARA, unlicensed
builders............................................................ 1,101,400
IDG from MDMVA........................................................................................... 170,000
IDG from MDOS, children s
protection registry................................................... 45,000
IDG from MDOT, comprehensive
transportation fund........................................... 106,400
IDG from MDOT, state aeronautics
fund............................................................. 185,100
IDG from MDOT, state trunkline
fund................................................................. 2,076,800
IDG from MDSP............................................................................................... 269,100
IDG from MDLEO, workforce
development agency............................................. 92,900
IDG from MDTMB........................................................................................... 1,266,700
IDG from MDTMB, civil service
commission...................................................... 316,200
IDG from MDTMB, risk management
revolving fund........................................... 1,320,700
IDG from Michigan state housing
development authority....................................... 1,195,000
IDG from treasury............................................................................................. 7,161,500
IDG from MDLEO, Michigan strategic
fund........................................................ 184,200
Federal revenues:
DAG, state administrative match
grant/food stamps............................................... 137,000
Federal funds.................................................................................................... 3,244,000
HHS, medical assistance, medigrant.................................................................... 396,200
HHS-OS, state Medicaid fraud
control units......................................................... 5,815,300
National criminal history
improvement program................................................... 121,200
Special revenue funds:
Antitrust enforcement collections........................................................................ 790,000
[Please see the PDF version of this journal, if available, to view this image.]
Attorney general s operations fund...................................................................... 766,200
Auto repair facilities fees.................................................................................... 340,300
Franchise fees................................................................................................... 395,900
Game and fish protection fund............................................................................ 640,700
Human trafficking commission fund.................................................................... 170,000
Lawsuit settlement proceeds fund........................................................................ 2,600,000
Liquor purchase revolving fund........................................................................... 1,523,400
Michigan merit award trust fund.......................................................................... 515,600
Michigan employment security act -
administrative fund........................................ 2,332,500
Michigan state waterways fund........................................................................... 143,600
Mobile home code fund...................................................................................... 258,200
Prisoner reimbursement...................................................................................... 542,000
Prosecuting attorneys training
fees....................................................................... 414,300
Public utility assessments................................................................................... 2,054,000
Reinstatement fees............................................................................................. 267,300
Retirement funds............................................................................................... 1,087,700
Second injury fund............................................................................................ 621,600
Self-insurers security fund.................................................................................. 383,200
Silicosis and dust disease fund............................................................................ 109,700
State building authority revenue.......................................................................... 126,500
State casino gaming fund.................................................................................... 1,847,000
State lottery fund............................................................................................... 361,800
Student safety fund............................................................................................ 472,300
Utility consumer representation
fund................................................................... 1,014,000
Worker s compensation
administrative revolving fund........................................... 382,000
State general fund/general purpose...................................................................... $ 40,138,100
(3) INFORMATION TECHNOLOGY
Information technology services
and projects........................................................ $ 1,598,200
GROSS APPROPRIATION............................................................................... $ 1,598,200
Appropriated from:
State general fund/general purpose...................................................................... $ 1,598,200
Sec. 103. DEPARTMENT OF CIVIL
RIGHTS
(1) APPROPRIATION SUMMARY
Full-time equated unclassified
positions......................................................... 6.0
Full-time equated classified
positions........................................................ 116.0
GROSS APPROPRIATION............................................................................... $ 16,388,300
Interdepartmental grant revenues:
Total interdepartmental grants and
intradepartmental transfers................................ 298,500
ADJUSTED GROSS APPROPRIATION............................................................ $ 16,089,800
Federal revenues:
Total federal revenues........................................................................................ 2,816,900
Special revenue funds:
Total local revenues........................................................................................... 0
Total private revenues........................................................................................ 18,700
Total other state restricted
revenues..................................................................... 58,500
State general fund/general purpose...................................................................... $ 13,195,700
(2) CIVIL RIGHTS OPERATIONS
Full-time equated unclassified
positions......................................................... 6.0
Full-time equated classified
positions........................................................ 116.0
Unclassified positions 6.0 FTE positions........................................................... $ 721,800
Complaint investigation and
enforcement 40.0 FTE positions.............................. 4,850,500
Division on deaf, deafblind, and
hard of hearing 6.0 FTE positions...................... 722,100
Executive office 24.0 FTE
positions.................................................................. 3,054,300
Law and policy 28.0 FTE positions................................................................... 3,171,400
Museums support.............................................................................................. 1,500,000
Public affairs 12.0 FTE positions...................................................................... 1,631,800
GROSS APPROPRIATION............................................................................... $ 15,651,900
[Please see the PDF version of this journal, if available, to view this image.]
Appropriated from:
Interdepartmental grant revenues:
IDG from DTMB.............................................................................................. 298,500
Federal revenues:
EEOC, state and local
antidiscrimination agency contracts..................................... 1,227,200
HUD, grant....................................................................................................... 1,574,700
Special revenue funds:
Private revenues................................................................................................ 18,700
State restricted indirect funds.............................................................................. 58,500
State general fund/general purpose...................................................................... $ 12,474,300
(3) INFORMATION TECHNOLOGY
Information technology services
and projects........................................................ $ 736,400
GROSS APPROPRIATION............................................................................... $ 736,400
Appropriated from:
Federal revenues:
EEOC, state and local
antidiscrimination agency contracts..................................... 15,000
State general fund/general purpose...................................................................... $ 721,400
Sec. 104. EXECUTIVE OFFICE
(1) APPROPRIATION SUMMARY
Full-time equated unclassified
positions....................................................... 10.0
Full-time equated classified
positions.......................................................... 79.2
GROSS APPROPRIATION............................................................................... $ 7,114,300
Interdepartmental grant revenues:
Total interdepartmental grants and
intradepartmental transfers................................ 0
ADJUSTED GROSS APPROPRIATION............................................................ $ 7,114,300
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...................................................................... $ 7,114,300
(2) EXECUTIVE OFFICE OPERATIONS
Full-time equated unclassified
positions....................................................... 10.0
Full-time equated classified
positions.......................................................... 79.2
Governor.......................................................................................................... $ 159,300
Lieutenant governor........................................................................................... 111,600
Unclassified positions 8.0 FTE
positions........................................................... 1,360,200
Executive office 79.2 FTE
positions.................................................................. 5,483,200
GROSS APPROPRIATION............................................................................... $ 7,114,300
Appropriated from:
State general fund/general purpose...................................................................... $ 7,114,300
Sec. 105. LEGISLATURE
(1) APPROPRIATION SUMMARY
GROSS APPROPRIATION............................................................................... $ 201,425,900
Interdepartmental grant revenues:
Total interdepartmental grants and
intradepartmental transfers................................ 6,068,400
ADJUSTED GROSS APPROPRIATION............................................................ $ 195,357,500
Federal revenues:
Total federal revenues........................................................................................ 0
Special revenue funds:
Total local revenues........................................................................................... 0
Total private revenues........................................................................................ 400,000
Total other state restricted
revenues..................................................................... 6,591,200
State general fund/general purpose...................................................................... $ 188,366,300
(2) LEGISLATURE
Senate.............................................................................................................. $ 42,646,900
Senate automated data processing........................................................................ 2,731,600
[Please see the PDF version of this journal, if available, to view this image.]
Senate fiscal agency........................................................................................... 4,050,400
House of representatives..................................................................................... 62,900,200
House automated data processing........................................................................ 2,731,600
House fiscal agency........................................................................................... 4,050,400
GROSS APPROPRIATION............................................................................... $ 119,111,100
Appropriated from:
State general fund/general purpose...................................................................... $ 119,111,100
(3) LEGISLATIVE COUNCIL
Legislative corrections ombudsman..................................................................... $ 1,006,900
Legislative council............................................................................................. 14,253,500
Legislative IT systems design project................................................................... 765,000
Legislative service bureau
automated data processing............................................ 1,775,500
Michigan veterans facility
ombudsman................................................................ 315,200
National association dues................................................................................... 601,800
Worker s compensation...................................................................................... 151,400
GROSS APPROPRIATION............................................................................... $ 18,869,300
Appropriated from:
Special revenue funds:
Private - gifts and bequests
revenues.................................................................... 400,000
State general fund/general purpose...................................................................... $ 18,469,300
(4) LEGISLATIVE RETIREMENT SYSTEM
General nonretirement expenses.......................................................................... $ 5,346,200
GROSS APPROPRIATION............................................................................... $ 5,346,200
Appropriated from:
Special revenue funds:
Court fees......................................................................................................... 1,225,300
State general fund/general purpose...................................................................... $ 4,120,900
(5) PROPERTY MANAGEMENT
Binsfeld Office Building.................................................................................... $ 8,436,300
Cora Anderson Building..................................................................................... 12,365,100
GROSS APPROPRIATION............................................................................... $ 20,801,400
Appropriated from:
State general fund/general purpose...................................................................... $ 20,801,400
(6) STATE CAPITOL HISTORIC SITE
Bond/lease obligations....................................................................................... $ 100
General operations............................................................................................. 4,710,400
Restoration, renewal, and
maintenance................................................................. 3,288,800
GROSS APPROPRIATION............................................................................... $ 7,999,300
Appropriated from:
Special revenue funds:
Capitol historic site fund..................................................................................... 3,288,800
State general fund/general purpose...................................................................... $ 4,710,500
(7) INDEPENDENT CITIZENS
REDISTRICTING COMMISSION
Independent citizens redistricting
commission...................................................... $ 3,362,800
GROSS APPROPRIATION............................................................................... $ 3,362,800
Appropriated from:
State general fund/general purpose...................................................................... $ 3,362,800
(8) OFFICE OF THE AUDITOR GENERAL
Unclassified positions........................................................................................ $ 359,900
Field operations................................................................................................. 25,575,900
GROSS APPROPRIATION............................................................................... $ 25,935,800
Appropriated from:
Interdepartmental grant revenues:
IDG, emp ben div postemployment
life insurance benefit....................................... 20,000
IDG from MDHHS, human services.................................................................... 32,500
IDG from MDLARA, liquor purchase
revolving fund............................................ 79,700
IDG from MDLARA, self-insurers
security fund.................................................. 84,900
[Please see the PDF version of this journal, if available, to view this image.]
IDG from MDMVA, Michigan veterans facility
authority...................................... 52,000
IDG from MDOT, comprehensive
transportation fund........................................... 41,400
IDG from MDOT, Michigan transportation
fund................................................... 335,000
IDG from MDOT, state aeronautics
fund............................................................. 32,300
IDG from MDOT, state trunkline
fund................................................................. 778,200
IDG, legislative retirement system....................................................................... 31,000
IDG, single audit act.......................................................................................... 2,800,000
IDG, commercial mobile radio
system emergency telephone fund........................... 39,000
IDG, contract audit administration
fees................................................................ 60,000
IDG, deferred compensation funds...................................................................... 96,200
IDG, Michigan finance authority......................................................................... 312,500
IDG, Michigan economic development
corporation............................................... 120,000
IDG, Michigan education trust fund..................................................................... 64,100
IDG, Michigan justice training
commission fund.................................................. 43,400
IDG, Michigan strategic fund.............................................................................. 195,000
IDG, office of retirement services........................................................................ 800,000
IDG, other restricted funding
sources................................................................... 51,200
Special revenue funds:
21st century jobs trust fund................................................................................. 102,200
Brownfield development fund............................................................................. 29,900
Clean Michigan initiative
implementation bond fund............................................. 57,900
Game and fish protection fund............................................................................ 33,300
MDTMB, civil service commission..................................................................... 176,300
Michigan state housing development
authority fees............................................... 120,500
Michigan veterans trust fund.............................................................................. 2,000
Michigan veterans trust fund
income and assessments.......................................... 23,000
Motor transport revolving fund........................................................................... 7,800
Office services revolving fund............................................................................ 10,700
State disbursement unit, office of
child support..................................................... 60,900
State services fee fund........................................................................................ 1,440,600
Waterways fund................................................................................................ 12,000
State general fund/general purpose...................................................................... $ 17,790,300
Sec. 106. DEPARTMENT OF STATE
(1) APPROPRIATION SUMMARY
Full-time equated unclassified
positions......................................................... 6.0
Full-time equated classified
positions...................................................... 1,586.0
GROSS APPROPRIATION............................................................................... $ 250,393,000
Interdepartmental grant revenues:
Total interdepartmental grants and
intradepartmental transfers................................ 20,000,000
ADJUSTED GROSS APPROPRIATION............................................................ $ 230,393,000
Federal revenues:
Total federal revenues........................................................................................ 1,460,000
Special revenue funds:
Total local revenues........................................................................................... 0
Total private revenues........................................................................................ 50,100
Total other state restricted
revenues..................................................................... 215,431,700
State general fund/general purpose...................................................................... $ 13,451,200
(2) DEPARTMENTAL ADMINISTRATION
AND SUPPORT
Full-time equated unclassified
positions......................................................... 6.0
Full-time equated classified
positions........................................................ 140.0
Secretary of state............................................................................................... $ 112,500
Unclassified positions 5.0 FTE
positions........................................................... 687,400
Executive direction 30.0 FTE
positions............................................................. 4,696,200
Operations 110.0 FTE positions........................................................................ 25,876,700
Property management........................................................................................ 9,966,500
Worker s compensation...................................................................................... 181,100
GROSS APPROPRIATION............................................................................... $ 41,520,400
[Please see the PDF version of this journal, if available, to view this image.]
Appropriated from:
Special revenue funds:
Abandoned vehicle fees...................................................................................... 239,800
Auto repair facilities fees.................................................................................... 131,100
Children s protection registry
fund...................................................................... 270,700
Driver fees........................................................................................................ 2,486,500
Driver improvement course fund......................................................................... 308,200
Enhanced driver license and
enhanced official state personal identification card
fund................................................................................................................ 1,977,100
Parking ticket court fines.................................................................................... 435,000
Personal identification card fees.......................................................................... 289,800
Reinstatement fees - operator
licenses.................................................................. 791,700
Scrap tire fund................................................................................................... 78,600
Transportation administration
collection fund....................................................... 33,628,800
State general fund/general purpose...................................................................... $ 883,100
(3) LEGAL SERVICES
Full-time equated classified
positions........................................................ 105.0
Operations 105.0 FTE positions........................................................................ $ 15,542,700
GROSS APPROPRIATION............................................................................... $ 15,542,700
Appropriated from:
Special revenue funds:
Auto repair facilities fees.................................................................................... 3,065,500
Driver fees........................................................................................................ 1,145,000
Enhanced driver license and
enhanced official state personal identification card
fund................................................................................................................ 1,582,100
Reinstatement fees - operator
licenses.................................................................. 959,400
Transportation administration
collection fund....................................................... 6,654,300
Vehicle theft prevention fees............................................................................... 1,108,200
State general fund/general purpose...................................................................... $ 1,028,200
(4) CUSTOMER DELIVERY SERVICES
Full-time equated classified
positions...................................................... 1,296.0
Branch operations 925.0 FTE
positions............................................................. $ 91,450,900
Central operations 369.0 FTE
positions............................................................. 53,094,000
Motorcycle safety education
administration 2.0 FTE positions............................. 643,400
Motorcycle safety education grants...................................................................... 1,800,000
Organ donor program......................................................................................... 129,100
GROSS APPROPRIATION............................................................................... $ 147,117,400
Appropriated from:
Interdepartmental grant revenues:
IDG from MDOT, Michigan
transportation fund................................................... 20,000,000
Federal revenues:
DOT................................................................................................................ 860,000
OHSP............................................................................................................... 600,000
Special revenue funds:
Private funds..................................................................................................... 100
Thomas Daley gift of life fund............................................................................ 50,000
Abandoned vehicle fees...................................................................................... 450,900
Auto repair facilities fees.................................................................................... 777,500
Child support clearance fees............................................................................... 363,600
Driver education provider and
instructor fund....................................................... 75,000
Driver fees........................................................................................................ 22,623,000
Driver improvement course fund......................................................................... 1,228,100
Enhanced driver license and
enhanced official state personal identification card
fund................................................................................................................ 10,996,200
Expedient service fees........................................................................................ 2,944,500
Marine safety fund............................................................................................. 1,542,500
Michigan state police auto theft
fund................................................................... 123,700
[Please see the PDF version of this journal, if available, to view this image.]
Mobile home commission fees............................................................................ 507,500
Motorcycle safety and education
awareness fund.................................................. 300,000
Motorcycle safety fund....................................................................................... 1,843,400
Off-road vehicle title fees................................................................................... 170,700
Parking ticket court fines.................................................................................... 1,639,600
Personal identification card fees.......................................................................... 2,373,900
Recreation passport fee revenue.......................................................................... 1,000,000
Reinstatement fees - operator
licenses.................................................................. 2,357,300
Snowmobile registration fee
revenue................................................................... 390,000
State lottery fund............................................................................................... 1,015,800
Transportation administration
collection fund....................................................... 69,301,200
Vehicle theft prevention fees............................................................................... 786,000
State general fund/general purpose...................................................................... $ 2,796,900
(5) ELECTION REGULATION
Full-time equated classified
positions.......................................................... 45.0
County clerk education and
training fund............................................................. $ 100,000
Election administration and
services 45.0 FTE positions..................................... 7,377,000
Fees to local units.............................................................................................. 109,800
GROSS APPROPRIATION............................................................................... $ 7,586,800
Appropriated from:
Special revenue funds:
Notary education and training fund...................................................................... 100,000
Notary fee fund................................................................................................. 343,500
State general fund/general purpose...................................................................... $ 7,143,300
(6) INFORMATION TECHNOLOGY
Information technology services
and projects........................................................ $ 38,625,700
GROSS APPROPRIATION............................................................................... $ 38,625,700
Appropriated from:
Special revenue funds:
Administrative order processing
fee..................................................................... 11,700
Auto repair facilities fees.................................................................................... 129,000
Driver fees........................................................................................................ 785,700
Enhanced driver license and
enhanced official state personal identification card
fund................................................................................................................ 344,300
Expedient service fees........................................................................................ 1,082,800
Parking ticket court fines.................................................................................... 88,800
Personal identification card fees.......................................................................... 172,900
Reinstatement fees - operator licenses.................................................................. 591,000
Transportation administration
collection fund....................................................... 33,639,200
Vehicle theft prevention fees............................................................................... 180,600
State general fund/general purpose...................................................................... $ 1,599,700
Sec. 107. DEPARTMENT OF
TECHNOLOGY, MANAGEMENT, AND
BUDGET
(1) APPROPRIATION SUMMARY
Full-time equated unclassified
positions......................................................... 6.0
Full-time equated classified
positions...................................................... 3,126.0
GROSS APPROPRIATION............................................................................... $ 1,527,057,100
Interdepartmental grant revenues:
Total interdepartmental grants and
intradepartmental transfers................................ 951,238,800
ADJUSTED GROSS APPROPRIATION............................................................ $ 575,818,300
Federal revenues:
Total federal revenues........................................................................................ 4,968,400
Special revenue funds:
Total local revenues........................................................................................... 2,321,200
Total private revenues........................................................................................ 131,100
Total other state restricted
revenues..................................................................... 117,916,800
State general fund/general purpose...................................................................... $ 450,480,800
[Please see the PDF version of this journal, if available, to view this image.]
(2)
DEPARTMENTAL ADMINISTRATION AND SUPPORT
Full-time equated unclassified
positions......................................................... 6.0
Full-time equated classified
positions........................................................ 846.5
Unclassified positions 6.0 FTE
positions........................................................... $ 941,500
Administrative services 160.5 FTE
positions...................................................... 21,443,500
Budget and financial management 178.0
FTE positions....................................... 36,225,500
Building operation services 255.0
FTE positions................................................ 93,554,900
Bureau of labor market information
and strategies 44.0 FTE positions.................. 5,674,600
Business support services 104.0
FTE positions................................................... 10,859,000
Design and construction services 40.0
FTE positions.......................................... 6,722,900
Executive operations 12.0 FTE
positions........................................................... 2,400,900
Legislative retirement........................................................................................ 12,400,000
Motor vehicle fleet 39.0 FTE
positions.............................................................. 75,949,700
Office of the state employer 14.0
FTE positions................................................. 1,641,800
Property management........................................................................................ 8,067,200
GROSS APPROPRIATION............................................................................... $ 275,881,500
Appropriated from:
Interdepartmental grant revenues:
IDG from accounting service
centers user charges................................................. 4,384,200
IDG from building occupancy and
parking charges............................................... 95,664,800
IDG from MDHHS, community health................................................................ 499,800
IDG from MDHHS, human services.................................................................... 231,400
IDG from MDLARA......................................................................................... 100,000
IDG from motor transport fund........................................................................... 75,949,700
IDG from technology user fees........................................................................... 10,460,000
IDG from user fees............................................................................................ 6,861,800
Federal revenues:
Federal funds.................................................................................................... 4,968,400
Special revenue funds:
Local - MPSCS subscriber and
maintenance fees.................................................. 22,400
Local funds....................................................................................................... 35,000
Health management funds.................................................................................. 418,500
Other agency charges......................................................................................... 1,230,400
Private funds..................................................................................................... 131,100
SIGMA user fees............................................................................................... 2,167,800
Special revenue, internal service,
and pension trust funds....................................... 17,581,000
State restricted indirect funds.............................................................................. 3,107,900
State general fund/general purpose...................................................................... $ 52,067,300
(3) TECHNOLOGY SERVICES
Full-time equated classified
positions...................................................... 1,639.5
DEGLE MiWaters data storage,
security, and transparency enhancements............... $ 1,742,700
DTMB michigan.gov CMS replacement.............................................................. 3,200,000
Education services 33.0 FTE
positions.............................................................. 4,571,800
Enterprise identity management 17.0
FTE positions............................................ 9,785,200
General services 354.5 FTE
positions................................................................ 124,068,700
Health and human services 656.5
FTE positions................................................. 500,055,000
Homeland security initiative/cyber
security 25.0 FTE positions............................ 12,355,000
MDARD licensing and inspection
systems upgrade............................................... 5,000,000
Michigan public safety
communication system 137.0 FTE positions..................... 45,222,600
Public protection 162.5 FTE
positions............................................................... 61,836,100
Resources services 154.5 FTE
positions............................................................ 21,593,700
Transportation services 99.5 FTE
positions........................................................ 38,378,900
Treasury individual income tax and
garnishment and levies system replacement....... 10,057,300
GROSS APPROPRIATION............................................................................... $ 837,867,000
Appropriated
from:
Interdepartmental grant revenues:
IDG from technology user fees........................................................................... 750,504,200
[Please see the PDF version of this journal, if available, to view this image.]
Special revenue funds:
Local - MPSCS subscriber and
maintenance fees.................................................. 2,263,800
State general fund/general purpose...................................................................... $ 85,099,000
(4) STATEWIDE APPROPRIATIONS
Professional development fund -
AFSCME.......................................................... $ 50,000
Professional development fund -
MPE, SEIU, scientific and engineering unit........... 150,000
Professional development fund -
NERE............................................................... 200,000
Professional development fund -
UAW................................................................ 700,000
GROSS APPROPRIATION............................................................................... $ 1,100,000
Appropriated from:
Interdepartmental grant revenues:
IDG from employer contributions........................................................................ 1,100,000
State general fund/general purpose...................................................................... $ 0
(5) SPECIAL PROGRAMS
Full-time equated classified
positions........................................................ 181.0
Office of children s ombudsman 14.0
FTE positions........................................... $ 1,886,900
Property management
executive/legislative.......................................................... 1,243,600
Public private partnership................................................................................... 1,500,000
Regional prosperity grants.................................................................................. 100
Retirement services 167.0 FTE
positions........................................................... 24,572,200
GROSS APPROPRIATION............................................................................... $ 29,202,800
Appropriated from:
Special revenue funds:
Deferred compensation...................................................................................... 2,800,000
Pension trust funds............................................................................................ 21,690,200
Public private partnership
investment fund........................................................... 1,500,000
State general fund/general purpose...................................................................... $ 3,212,600
(6) STATE BUILDING AUTHORITY RENT
State building authority rent -
community colleges................................................ $ 34,181,600
State building authority rent -
department of corrections........................................ 20,369,400
State building authority rent -
state agencies......................................................... 47,024,300
State building authority rent -
universities............................................................ 144,995,300
GROSS APPROPRIATION............................................................................... $ 246,570,600
Appropriated from:
State general fund/general purpose...................................................................... $ 246,570,600
(7) CIVIL SERVICE COMMISSION
Full-time equated classified
positions........................................................ 459.0
Agency services 115.0 FTE
positions................................................................ $ 17,957,800
Employee benefits 25.0 FTE
positions.............................................................. 7,732,600
Executive direction 45.0 FTE
positions............................................................. 10,359,600
Human resources operations 274.0
FTE positions............................................... 34,578,800
Information technology services
and projects........................................................ 3,542,000
GROSS APPROPRIATION............................................................................... $ 74,170,800
Appropriated from:
Special revenue funds:
State restricted funds 1%.................................................................................... 29,911,800
State restricted indirect funds.............................................................................. 9,006,700
State sponsored group insurance.......................................................................... 10,838,900
State general fund/general purpose...................................................................... $ 24,413,400
(8) CAPITAL OUTLAY
Enterprisewide special maintenance
for state facilities........................................... $ 23,650,000
Major special maintenance,
remodeling, and addition for state agencies................... 3,800,000
GROSS APPROPRIATION............................................................................... $ 27,450,000
Appropriated from:
Interdepartmental grant revenues:
IDG from building occupancy
charges................................................................. 3,800,000
IDG from department of corrections.................................................................... 750,000
State general fund/general purpose...................................................................... $ 22,900,000
[Please see the PDF version of this journal, if available, to view this image.]
(9)
INFORMATION TECHNOLOGY
Information technology services
and projects........................................................ $ 29,814,100
GROSS APPROPRIATION............................................................................... $ 29,814,100
Appropriated from:
Interdepartmental grant revenues:
IDG from building occupancy and
parking charges............................................... 723,200
IDG from user fees............................................................................................ 209,700
Special revenue funds:
Deferred compensation...................................................................................... 2,600
SIGMA user fees............................................................................................... 2,481,400
Pension trust funds............................................................................................ 10,389,100
Special revenue, internal service,
and pension trust funds....................................... 2,706,500
State restricted indirect funds.............................................................................. 2,083,900
State general fund/general purpose...................................................................... $ 11,217,700
(10) ONE-TIME APPROPRIATIONS
Drinking water declaration of
emergency............................................................. $ 100
Enterprisewide special maintenance
for state facilities........................................... 5,000,000
Capital outlay university,
community college, and state agency planning
authorization - Saginaw Valley
State University Brown Hall renovation for
program and planning to be paid
for from university resources (estimated total
authorized cost $19,750,000; state
share $12,000,000; university share
$7,750,000)..................................................................................................... 100
Capital outlay university,
community college, and state agency planning
authorization department of
health and human services, new northern satellite
psychiatric facility for program
and planning to be paid for from state resources... 100
GROSS APPROPRIATION............................................................................... $ 5,000,300
Appropriated from:
Special revenue funds:
Drinking water declaration of
emergency reserve fund........................................... 100
State general fund/general purpose...................................................................... $ 5,000,200
Sec. 108. DEPARTMENT OF TREASURY
(1) APPROPRIATION SUMMARY
Full-time equated unclassified
positions....................................................... 10.0
Full-time equated classified
positions...................................................... 1,874.5
GROSS APPROPRIATION............................................................................... $ 2,051,876,500
Interdepartmental grant revenues:
Total interdepartmental grants and
intradepartmental transfers................................ 12,905,600
ADJUSTED GROSS APPROPRIATION............................................................ $ 2,038,970,900
Federal revenues:
Total federal revenues........................................................................................ 27,242,500
Special revenue funds:
Total local revenues........................................................................................... 13,215,800
Total private revenues........................................................................................ 27,500
Total other state restricted
revenues..................................................................... 1,786,008,300
State general fund/general purpose...................................................................... $ 212,476,800
(2) DEPARTMENTAL ADMINISTRATION
AND SUPPORT
Full-time equated unclassified
positions....................................................... 10.0
Full-time equated classified
positions........................................................ 442.5
Unclassified positions 10.0 FTE
positions.......................................................... $ 1,088,400
Collections services bureau 206.0
FTE positions................................................ 29,597,900
Department services 75.0 FTE
positions............................................................ 9,178,300
Executive direction and operations 64.5
FTE positions........................................ 9,122,800
Office of accounting services 29.0
FTE positions............................................... 3,652,400
Office of financial services 40.0
FTE positions.................................................. 4,952,200
Property management........................................................................................ 6,726,600
Unclaimed property 28.0 FTE
positions............................................................ 4,941,700
Worker s compensation...................................................................................... 143,100
GROSS APPROPRIATION............................................................................... $ 69,403,400
[Please see the PDF version of this journal, if available, to view this image.]
Appropriated from:
Interdepartmental grant revenues:
IDG, data/collection services fees........................................................................ 336,600
IDG from accounting service center
user charges.................................................. 545,300
IDG from MDHHS, title IV-D............................................................................ 800,600
IDG, levy/warrant cost assessment
fees................................................................ 3,705,800
IDG, state agency collection fees......................................................................... 4,474,200
Federal revenues:
DED-OPSE, federal lenders
allowance................................................................ 479,500
DED-OPSE, higher education act of
1965 insured loans........................................ 517,300
Special revenue funds:
Delinquent tax collection revenue........................................................................ 34,756,700
Escheats revenue............................................................................................... 4,941,700
Garnishment fees............................................................................................... 2,719,400
Justice system fund............................................................................................ 437,700
Marihuana regulation fund.................................................................................. 1,287,000
Marihuana regulatory fund................................................................................. 190,000
MFA, bond and loan program revenue................................................................. 640,700
State lottery fund............................................................................................... 300,500
State restricted indirect funds.............................................................................. 282,300
State services fee fund........................................................................................ 341,900
Treasury fees.................................................................................................... 47,200
State general fund/general purpose...................................................................... $ 12,599,000
(3) LOCAL GOVERNMENT PROGRAMS
Full-time equated classified
positions........................................................ 103.0
Bureau operations and general
local government services 11.0 FTE positions........ $ 1,270,100
Financial independence
team/financial review commission 8.0 FTE positions....... 1,693,500
Local finance 18.0 FTE positions...................................................................... 2,689,700
Office of fiscal responsibility 9.0
FTE positions................................................. 1,500,000
Property tax assessor training 1.0
FTE position.................................................. 2,045,900
Supervision of the general
property tax law 56.0 FTE positions........................... 11,402,900
GROSS APPROPRIATION............................................................................... $ 20,602,100
Appropriated from:
Special revenue funds:
Local - assessor training fees.............................................................................. 1,045,900
Local - audit charges.......................................................................................... 841,200
Local - equalization study
chargebacks................................................................ 40,000
Local - revenue from local government................................................................ 100,000
Delinquent tax collection revenue........................................................................ 1,548,300
Land reutilization fund....................................................................................... 2,052,000
Municipal finance fees....................................................................................... 557,300
State general fund/general purpose...................................................................... $ 14,417,400
(4) TAX PROGRAMS
Full-time equated classified
positions........................................................ 748.0
Bottle act implementation................................................................................... $ 250,000
Home heating assistance..................................................................................... 3,099,200
Insurance provider assessment
program 13.0 FTE positions................................. 2,135,100
Office of revenue and tax analysis 21.0
FTE positions........................................ 3,924,000
Tax and economic policy 43.0 FTE
positions..................................................... 8,965,200
Tax compliance 318.0 FTE positions................................................................ 44,738,800
Tax processing 342.0 FTE positions.................................................................. 41,222,800
Tobacco tax enforcement 11.0 FTE
positions..................................................... 1,553,700
GROSS APPROPRIATION............................................................................... $ 105,888,800
Appropriated from:
Interdepartmental grant revenues:
IDG from MDOT, Michigan
transportation fund................................................... 2,354,800
IDG from MDOT, state aeronautics
fund............................................................. 72,200
[Please see the PDF version of this journal, if available, to view this image.]
Federal revenues:
HHS-SSA, low-income energy
assistance............................................................ 3,099,200
Special revenue funds:
Bottle deposit fund............................................................................................ 250,000
Brownfield development fund............................................................................. 213,500
Delinquent tax collection revenue........................................................................ 72,186,300
Insurance provider fund...................................................................................... 2,135,100
Marihuana regulation fund.................................................................................. 1,565,200
Marihuana regulatory fund................................................................................. 120,000
Michigan state waterways fund........................................................................... 107,100
Tobacco tax revenue.......................................................................................... 4,165,400
State general fund/general purpose...................................................................... $ 19,620,000
(5) FINANCIAL PROGRAMS
Full-time equated classified
positions........................................................ 167.0
Common cash and debt management 11.0
FTE positions..................................... $ 1,718,300
Dual enrollment payments.................................................................................. 2,007,600
Investments 81.0 FTE positions........................................................................ 21,467,700
John R. Justice grant program............................................................................. 288,100
Michigan finance authority - bond
finance 53.0 FTE positions............................. 24,961,100
Student financial assistance
programs 22.0 FTE positions................................... 2,794,200
Student loan refinancing program
study............................................................... 500,000
GROSS APPROPRIATION............................................................................... $ 53,737,000
Appropriated from:
Interdepartmental grant revenues:
IDG, fiscal agent service fees.............................................................................. 213,600
Federal revenues:
DED-OPSE, federal lenders
allowance................................................................ 3,310,800
DED-OPSE, higher education act of
1965, insured loans....................................... 18,915,900
Federal - John R. Justice grant............................................................................ 288,100
Special revenue funds:
Defined contribution
administrative fee revenue................................................... 300,000
Michigan finance authority bond
and loan program revenue................................... 2,734,400
Michigan merit award trust fund.......................................................................... 1,203,500
Retirement funds............................................................................................... 17,806,700
School bond fees............................................................................................... 879,400
Treasury fees.................................................................................................... 3,583,900
State general fund/general purpose...................................................................... $ 4,500,700
(6) DEBT SERVICE
Clean Michigan initiative................................................................................... $ 49,027,000
Great Lakes water quality bond........................................................................... 38,772,000
Quality of life bond............................................................................................ 16,536,000
GROSS APPROPRIATION............................................................................... $ 104,335,000
Appropriated from:
State general fund/general purpose...................................................................... $ 104,335,000
(7) GRANTS
Convention facility development
distribution........................................................ $ 105,356,300
Emergency 911 payments................................................................................... 48,800,000
Health and safety fund grants.............................................................................. 1,500,000
Municipal cost sharing grants.............................................................................. 2,250,000
Recreational marihuana grants............................................................................ 20,250,000
Senior citizen cooperative housing
tax exemption program.................................... 10,771,300
GROSS APPROPRIATION............................................................................... $ 188,927,600
Appropriated from:
Special revenue funds:
Convention facility development
fund.................................................................. 105,356,300
Emergency 911 fund.......................................................................................... 48,800,000
Health and safety fund....................................................................................... 1,500,000
Marihuana regulation fund.................................................................................. 20,250,000
State general fund/general purpose...................................................................... $ 13,021,300
[Please see the PDF version of this journal, if available, to view this image.]
(8)
BUREAU OF STATE LOTTERY
Full-time equated classified
positions........................................................ 196.0
Lottery information technology
services and projects............................................ $ 5,318,800
Lottery operations 196.0 FTE
positions............................................................. 26,937,600
GROSS APPROPRIATION............................................................................... $ 32,256,400
Appropriated from:
Special revenue funds:
State lottery fund............................................................................................... 32,256,400
State general fund/general purpose...................................................................... $ 0
(9) CASINO GAMING
Full-time equated classified
positions........................................................ 143.0
Casino gaming control operations 113.0
FTE positions....................................... $ 26,833,000
Gaming information technology
services and projects........................................... 2,585,500
Horse racing 10.0 FTE positions....................................................................... 2,060,500
Michigan gaming control board........................................................................... 50,000
Millionaire party regulation 20.0
FTE positions.................................................. 3,000,000
GROSS APPROPRIATION............................................................................... $ 34,529,000
Appropriated from:
Special revenue funds:
Casino gambling agreements.............................................................................. 972,400
Equine development fund................................................................................... 2,184,700
Laboratory fees................................................................................................. 406,700
State lottery fund............................................................................................... 3,000,000
State services fee fund........................................................................................ 27,965,200
State general fund/general purpose...................................................................... $ 0
(10) PAYMENTS IN LIEU OF TAXES
Commercial forest reserve.................................................................................. $ 3,368,100
Purchased lands................................................................................................. 8,677,900
Swamp and tax reverted lands............................................................................. 15,305,600
GROSS APPROPRIATION............................................................................... $ 27,351,600
Appropriated from:
Special revenue funds:
Private funds..................................................................................................... 27,500
Game and fish protection fund............................................................................ 3,007,400
Michigan natural resources trust fund.................................................................. 2,064,700
Michigan state waterways fund........................................................................... 260,800
State general fund/general purpose...................................................................... $ 21,991,200
(11) REVENUE SHARING
City, village, and township
revenue sharing.......................................................... $ 261,024,600
Constitutional state general
revenue sharing grants................................................ 865,441,900
County incentive program.................................................................................. 43,325,200
County revenue sharing...................................................................................... 183,182,900
Financially distressed cities,
villages, or townships................................................ 2,500,000
GROSS APPROPRIATION............................................................................... $ 1,355,474,600
Appropriated from:
Special revenue funds:
Sales tax........................................................................................................... 1,355,474,600
State general fund/general purpose...................................................................... $ 0
(12) STATE BUILDING AUTHORITY
Full-time equated classified
positions............................................................ 3.0
State building authority 3.0 FTE
positions......................................................... $ 754,400
GROSS APPROPRIATION............................................................................... $ 754,400
Appropriated from:
Special revenue funds:
State building authority revenue.......................................................................... 754,400
State general fund/general purpose...................................................................... $ 0
[Please see the PDF version of this journal, if available, to view this image.]
(13)
CITY INCOME TAX ADMINISTRATION PROGRAM
Full-time equated classified
positions.......................................................... 72.0
City income tax administration
program 72.0 FTE positions................................ $ 9,951,800
GROSS APPROPRIATION............................................................................... $ 9,951,800
Appropriated from:
Special revenue funds:
Local - city income tax fund............................................................................... 9,951,800
State general fund/general purpose...................................................................... $ 0
(14) INFORMATION TECHNOLOGY
Treasury operations information
technology services and projects........................... $ 38,664,700
GROSS APPROPRIATION............................................................................... $ 38,664,700
Appropriated from:
Interdepartmental grant revenues:
IDG from MDOT, Michigan
transportation fund................................................... 402,500
Federal revenues:
DED-OPSE, federal lender allowance.................................................................. 631,700
Special revenue funds:
Local - city income tax fund............................................................................... 1,236,900
Delinquent tax collection revenue........................................................................ 17,698,900
Marihuana regulation fund.................................................................................. 780,000
Retirement funds............................................................................................... 792,300
Tobacco tax revenue.......................................................................................... 130,200
State general fund/general purpose...................................................................... $ 16,992,200
(15) ONE-TIME APPROPRIATIONS
Drinking water declaration of
emergency............................................................. $ 100
Wrongful imprisonment compensation
fund......................................................... 10,000,000
GROSS APPROPRIATION............................................................................... $ 10,000,100
Appropriated from:
Special revenue funds:
Drinking water declaration of
emergency reserve fund........................................... 100
Lawsuit settlement proceeds fund........................................................................ 5,000,000
State general fund/general purpose...................................................................... $ 5,000,000
Sec. 109. DEPARTMENT OF LABOR AND
ECONOMIC OPPORTUNITY
(1) APPROPRIATION SUMMARY
Full-time equated unclassified
positions......................................................... 6.0
Full-time equated classified
positions...................................................... 1,450.0
GROSS APPROPRIATION............................................................................... $ 1,096,994,000
Interdepartmental grant revenues:
Total interdepartmental grants and
intradepartmental transfers................................ 0
ADJUSTED GROSS APPROPRIATION............................................................ $ 1,096,994,000
Federal revenues:
Total federal revenues........................................................................................ 762,145,800
Special revenue funds:
Total local revenues........................................................................................... 500,000
Total private revenues........................................................................................ 5,628,300
Total other state restricted revenues..................................................................... 207,336,900
State general fund/general purpose...................................................................... $ 121,383,000
(2) DEPARTMENTAL ADMINISTRATION
AND SUPPORT
Full-time equated unclassified
positions......................................................... 6.0
Full-time equated classified
positions.......................................................... 32.0
Unclassified positions 6.0 FTE positions........................................................... $ 1,153,200
Executive direction and operations 32.0
FTE positions........................................ 7,120,000
GROSS APPROPRIATION............................................................................... $ 8,273,200
Appropriated from:
Federal revenues:
DOL-ETA, unemployment insurance................................................................... 1,759,100
DOL, federal funds............................................................................................ 3,201,600
Federal funds.................................................................................................... 2,500,000
[Please see the PDF version of this journal, if available, to view this image.]
Special revenue funds:
Michigan state housing development
authority fees and charges............................. 608,500
State general fund/general purpose...................................................................... $ 204,000
(3) MICHIGAN STRATEGIC FUND
Full-time equated classified
positions........................................................ 157.0
Administrative services 37.0 FTE
positions....................................................... $ 3,082,600
Arts and cultural program................................................................................... 10,150,000
Business attraction and community
revitalization.................................................. 89,379,900
Community college skilled trades
equipment program debt service......................... 4,600,000
Community development block grants................................................................. 47,000,000
Entrepreneurship ecosystem................................................................................ 16,400,000
Facility for rare isotope beams............................................................................ 7,300,000
Job creation services 120.0 FTE
positions.......................................................... 22,293,000
Michigan enhancement grants............................................................................. 2,799,000
Protect and grow............................................................................................... 1,000,000
Pure Michigan................................................................................................... 37,500,000
GROSS APPROPRIATION............................................................................... $ 241,504,500
Appropriated from:
Federal revenues:
HUD-CPD community development
block grant................................................... 49,773,300
NFAH-NEA, promotion of the arts,
partnership agreements................................... 1,050,000
Special revenue funds:
Private - special project advances........................................................................ 250,000
Private - Michigan council for the
arts fund.......................................................... 100,000
21st century jobs trust fund................................................................................. 75,000,000
Contingent fund, penalty and
interest account....................................................... 4,600,000
Michigan state housing development
authority fees and charges............................. 4,616,600
State general fund/general purpose...................................................................... $ 106,114,600
(4) TALENT INVESTMENT AGENCY
Full-time equated classified
positions........................................................ 962.0
At-risk youth grants........................................................................................... $ 3,750,000
Community ventures.......................................................................................... 1,000,000
Executive direction 14.0 FTE
positions............................................................. 3,498,500
Going pro......................................................................................................... 37,260,900
High school equivalency-to-school...................................................................... 250,000
Information technology services
and projects - TIA............................................... 22,721,300
Unemployment insurance agency 743.0
FTE positions........................................ 136,006,400
Unemployment insurance agency -
advocacy assistance......................................... 1,500,000
Workforce development programs....................................................................... 379,724,900
Workforce program administration 205.0
FTE positions...................................... 36,262,100
GROSS APPROPRIATION............................................................................... $ 621,974,100
Appropriated from:
Federal revenues:
DAG, employment and training.......................................................................... 4,000,400
DED-OESE, GEAR-UP..................................................................................... 4,730,700
DED-OVAE, adult education.............................................................................. 20,000,000
DED-OVAE, basic grants to states...................................................................... 19,000,000
DOL, federal funds............................................................................................ 107,401,100
DOL-ETA, unemployment insurance................................................................... 140,242,000
DOL-ETA, workforce investment act.................................................................. 173,488,600
Federal funds.................................................................................................... 3,440,200
Social security act, temporary
assistance to needy families..................................... 63,698,800
Special revenue funds:
Local revenues.................................................................................................. 500,000
Private funds..................................................................................................... 5,278,300
Contingent fund, penalty and
interest account....................................................... 65,459,600
Defaulted loan collection fees............................................................................. 170,000
State general fund/general purpose...................................................................... $ 14,564,400
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(5) LAND
BANK FAST TRACK AUTHORITY
Full-time equated classified
positions............................................................ 9.0
Blight removal grants......................................................................................... $ 500,000
Land bank fast track authority 9.0
FTE positions................................................ 4,290,800
GROSS APPROPRIATION............................................................................... $ 4,790,800
Appropriated from:
Federal revenues:
Federal revenues................................................................................................ 1,000,000
Special revenue funds:
Land bank fast track fund................................................................................... 3,290,800
State general fund/general purpose...................................................................... $ 500,000
(6) MICHIGAN STATE HOUSING
DEVELOPMENT AUTHORITY
Full-time equated classified
positions........................................................ 290.0
Housing and rental assistance 290.0
FTE positions............................................. $ 46,022,200
Lighthouse preservation program........................................................................ 307,500
Michigan state housing development
authority technology services and projects....... 3,651,800
Payments on behalf of tenants............................................................................. 166,860,000
Property management........................................................................................ 3,609,900
GROSS APPROPRIATION............................................................................... $ 220,451,400
Appropriated from:
Federal revenues:
HUD, lower income housing
assistance................................................................ 166,860,000
Special revenue funds:
Michigan lighthouse preservation
program........................................................... 307,500
Michigan state housing development
authority fees and charges............................. 53,283,900
State general fund/general purpose...................................................................... $ 0
PART 1A
LINE-ITEM APPROPRIATIONS
FOR FISCAL YEAR 2018-2019
Sec. 151. There is appropriated
for the various state departments and agencies to supplement appropriations for
the fiscal year ending September 30, 2019, from the following funds:
APPROPRIATION SUMMARY
Full-time equated classified
positions.......................................................... 31.5
GROSS APPROPRIATION............................................................................... $ 473,839,400
Interdepartmental grant revenues:
Total interdepartmental grants and
intradepartmental transfers................................ 1,372,500
ADJUSTED GROSS APPROPRIATION............................................................ $ 472,466,900
Federal revenues:
Total federal revenues........................................................................................ 280,144,600
Special revenue funds:
Total local revenues........................................................................................... 2,972,100
Total private revenues........................................................................................ 2,142,200
Total other state restricted
revenues..................................................................... 213,273,400
State general fund/general purpose...................................................................... $ (26,065,400)
Sec. 152. DEPARTMENT OF
AGRICULTURE AND RURAL
DEVELOPMENT
(1) APPROPRIATION SUMMARY
GROSS APPROPRIATION............................................................................... $ 1,277,000
Interdepartmental grant revenues:
Total interdepartmental grants and
intradepartmental transfers................................ 0
ADJUSTED GROSS APPROPRIATION............................................................ $ 1,277,000
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...................................................................... $ 1,277,000
[Please see the PDF version of this journal, if available, to view this image.]
(2)
ONE-TIME APPROPRIATIONS
Industrial hemp research and
development........................................................... $ 1,277,000
GROSS APPROPRIATION............................................................................... $ 1,277,000
Appropriated from:
State general fund/general purpose...................................................................... $ 1,277,000
Sec. 153. DEPARTMENT OF ATTORNEY
GENERAL
(1) APPROPRIATION SUMMARY
GROSS APPROPRIATION............................................................................... $ 1,372,500
Interdepartmental grant revenues:
Total interdepartmental grants and
intradepartmental transfers................................ 1,372,500
ADJUSTED GROSS APPROPRIATION............................................................ $ 0
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...................................................................... $ 0
(2) ATTORNEY GENERAL OPERATIONS
Attorney general operations................................................................................ $ 1,372,500
GROSS APPROPRIATION............................................................................... $ 1,372,500
Appropriated from:
Interdepartmental grant revenues:
IDG from MDEGLE.......................................................................................... 700,000
IDG from MDHHS, human services.................................................................... 170,000
IDG from MDTMB........................................................................................... 335,000
IDG from Michigan state housing
development authority....................................... 167,500
State general fund/general purpose...................................................................... $ 0
Sec. 154. DEPARTMENT OF EDUCATION
(1) APPROPRIATION SUMMARY
GROSS APPROPRIATION............................................................................... $ (10,000,000)
Interdepartmental grant revenues:
Total interdepartmental grants and
intradepartmental transfers................................ 0
ADJUSTED GROSS APPROPRIATION............................................................ $ (10,000,000)
Federal revenues:
Total federal revenues........................................................................................ (10,254,200)
Special revenue funds:
Total local revenues........................................................................................... 0
Total private revenues........................................................................................ 0
Total other state restricted
revenues..................................................................... 0
State general fund/general purpose...................................................................... $ 254,200
(2) MICHIGAN OFFICE OF GREAT START
Child development and care public
assistance....................................................... $ (10,000,000)
GROSS APPROPRIATION............................................................................... $ (10,000,000)
Appropriated from:
Federal revenues:
Total federal revenues........................................................................................ (10,254,200)
State general fund/general purpose...................................................................... $ 254,200
Sec. 155. DEPARTMENT OF HEALTH AND
HUMAN SERVICES
(1) APPROPRIATION SUMMARY
Full-time equated classified positions.......................................................... 31.5
GROSS APPROPRIATION............................................................................... $ 451,697,300
Interdepartmental grant revenues:
Total interdepartmental grants and
intradepartmental transfers................................ 0
ADJUSTED GROSS APPROPRIATION............................................................ $ 451,697,300
Federal revenues:
Social security act, temporary assistance
for needy families.................................... (5,007,100)
[Please see the PDF version of this journal, if available, to view this image.]
Capped federal revenues..................................................................................... (579,400)
Total other federal revenues................................................................................ 292,385,300
Special revenue funds:
Total local revenues........................................................................................... 2,972,100
Total private revenues........................................................................................ 2,142,200
Total other state restricted
revenues..................................................................... 194,023,400
State general fund/general purpose...................................................................... $ (34,239,200)
(2) DEPARTMENTAL ADMINISTRATION
AND SUPPORT
Property management........................................................................................ $ 324,700
Terminal leave payments.................................................................................... 52,700
Worker s compensation...................................................................................... 40,000
GROSS APPROPRIATION............................................................................... $ 417,400
Special revenue funds:
Total other state restricted
revenues..................................................................... 417,400
State general fund/general purpose...................................................................... $ 0
(3) CHILD SUPPORT ENFORCEMENT
Legal support contracts...................................................................................... $ 0
GROSS APPROPRIATION............................................................................... $ 0
Appropriated from:
Federal revenues:
Total other federal revenues................................................................................ (956,300)
State general fund/general purpose...................................................................... $ 956,300
(4) COMMUNITY SERVICES AND
OUTREACH
Full-time equated classified
positions............................................................ 0.0
Bureau of community services and
outreach......................................................... $ 835,000
Community services and outreach
administration 1.0 FTE position...................... 167,000
Domestic violence prevention and
treatment......................................................... 1,883,500
Michigan community service
commission (1.0) FTE position.............................. 0
Weatherization assistance................................................................................... (835,000)
GROSS APPROPRIATION............................................................................... $ 2,050,500
Appropriated from:
Federal revenues:
Capped federal revenues..................................................................................... 0
Total other federal revenues................................................................................ 1,275,500
Special revenue funds:
Crime victim s rights fund.................................................................................. 315,000
State general fund/general purpose...................................................................... $ 460,000
(5) CHILDREN S SERVICES AGENCY -
CHILD WELFARE
Full-time equated classified
positions............................................................ 1.0
Adoption subsidies............................................................................................ $ (2,760,200)
Adoption support services.................................................................................. 4,145,500
Child care fund.................................................................................................. 8,350,300
Child welfare institute 1.0 FTE
position............................................................ 130,000
Family support subsidy...................................................................................... (831,300)
Foster care payments.......................................................................................... 21,975,500
Guardianship assistance program......................................................................... (944,700)
Settlement monitor............................................................................................ 148,300
Strong families/safe children............................................................................... (2,550,100)
GROSS APPROPRIATION............................................................................... $ 27,663,300
Appropriated from:
Federal revenues:
Social security act, temporary
assistance for needy families.................................... (2,294,000)
Capped federal revenues..................................................................................... (579,400)
Total other federal revenues................................................................................ 11,933,000
Special revenue funds:
Private - collections........................................................................................... 2,142,200
State general fund/general purpose...................................................................... $ 16,461,500
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(6)
CHILDREN S SERVICES AGENCY - JUVENILE JUSTICE
Bay Pines Center............................................................................................... $ 0
Shawono Center................................................................................................ 0
GROSS APPROPRIATION............................................................................... $ 0
Appropriated from:
Special revenue funds:
Local funds - county chargeback......................................................................... (489,600)
State general fund/general purpose...................................................................... $ 489,600
(7) PUBLIC ASSISTANCE
Family independence program............................................................................ $ (2,713,100)
Food assistance program benefits........................................................................ (113,757,300)
State disability assistance
payments..................................................................... (895,700)
State supplementation........................................................................................ (866,300)
State supplementation
administration................................................................... 125,000
GROSS APPROPRIATION............................................................................... $ (118,107,400)
Appropriated from:
Federal revenues:
Social security act, temporary
assistance for needy families.................................... (2,713,100)
Total other federal revenues................................................................................ (113,757,300)
State general fund/general purpose...................................................................... $ (1,637,000)
(8) FIELD OPERATIONS AND SUPPORT
SERVICES
Full-time equated classified
positions.......................................................... 29.0
Michigan rehabilitation services 29.0
FTE positions........................................... $ 0
GROSS APPROPRIATION............................................................................... $ 0
Appropriated from:
State general fund/general purpose...................................................................... $ 0
(9) BEHAVIORAL HEALTH PROGRAM
ADMINISTRATION AND
SPECIAL PROJECTS
Behavioral health program
administration............................................................ $ (400,000)
GROSS APPROPRIATION............................................................................... $ (400,000)
Appropriated from:
State general fund/general purpose...................................................................... $ (400,000)
(10) BEHAVIORAL HEALTH SERVICES
Full-time equated classified
positions............................................................ 1.5
Autism services................................................................................................. $ 7,913,600
Federal mental health block grant 1.5
FTE positions........................................... 0
Healthy Michigan plan - behavioral
health........................................................... 51,526,700
Medicaid mental health services.......................................................................... 40,809,000
Medicaid substance use disorder
services............................................................. (2,111,500)
GROSS APPROPRIATION............................................................................... $ 98,137,800
Appropriated from:
Federal revenues:
Total other federal revenues................................................................................ 78,436,900
Special revenue funds:
Total other state restricted
revenues..................................................................... 10,140,400
State general fund/general purpose...................................................................... $ 9,560,500
(11) STATE PSYCHIATRIC HOSPITALS
AND FORENSIC MENTAL
HEALTH SERVICES
Revenue recapture............................................................................................. $ 100
GROSS APPROPRIATION............................................................................... $ 100
Appropriated from:
Special revenue funds:
Total local revenues........................................................................................... 100
State general fund/general purpose...................................................................... $ 0
(12) CHILDREN S SPECIAL HEALTH
CARE SERVICES
Medical care and treatment................................................................................. $ 6,831,800
GROSS APPROPRIATION............................................................................... $ 6,831,800
[Please see the PDF version of this journal, if available, to view this image.]
Appropriated from:
Federal revenues:
Total other federal revenues................................................................................ 3,750,200
State general fund/general purpose...................................................................... $ 3,081,600
(13) MEDICAL SERVICES
Adult home help services................................................................................... $ 25,416,700
Ambulance services........................................................................................... (1,226,900)
Auxiliary medical services.................................................................................. 201,900
Dental services.................................................................................................. (10,313,300)
Federal Medicare pharmaceutical
program........................................................... (3,093,100)
Health plan services........................................................................................... 110,824,500
Healthy Michigan plan....................................................................................... 426,400
Home health services......................................................................................... (503,200)
Hospice services................................................................................................ 18,920,400
Hospital services and therapy.............................................................................. 181,696,800
Integrated care organizations.............................................................................. 19,635,200
Long-term care services..................................................................................... 144,219,800
Maternal and child health................................................................................... 6,000,100
Medicaid home- and community-based
services waiver......................................... (6,331,900)
Medicare premium payments.............................................................................. (32,351,200)
Personal care services........................................................................................ (864,400)
Pharmaceutical services..................................................................................... (41,549,200)
Physician services.............................................................................................. (7,018,300)
Program of all-inclusive care for
the elderly......................................................... (21,633,500)
School-based services........................................................................................ 21,202,800
Special Medicaid reimbursement......................................................................... 32,583,400
Transportation................................................................................................... (1,139,200)
GROSS APPROPRIATION............................................................................... $ 435,103,800
Appropriated from:
Federal revenues:
Total other federal revenues................................................................................ 311,703,300
Special revenue funds:
Total local revenues........................................................................................... 3,461,600
Total other state restricted
revenues..................................................................... 183,150,600
State general fund/general purpose...................................................................... $ (63,211,700)
Sec. 156. JUDICIARY
(1) APPROPRIATION SUMMARY
GROSS APPROPRIATION............................................................................... $ 1,250,000
Interdepartmental grant revenues:
Total interdepartmental grants and
intradepartmental transfers................................ 0
ADJUSTED GROSS APPROPRIATION............................................................ $ 1,250,000
Federal revenues:
Total federal revenues........................................................................................ 0
Special revenue funds:
Total local revenues........................................................................................... 0
Total private revenues........................................................................................ 0
Total other state restricted
revenues..................................................................... 1,250,000
State general fund/general purpose...................................................................... $ 0
(2) TRIAL COURT OPERATIONS
Statewide e-file system....................................................................................... $ 1,250,000
GROSS APPROPRIATION............................................................................... $ 1,250,000
Appropriated
from:
Special revenue funds:
Electronic filing fee fund.................................................................................... 1,250,000
State general fund/general purpose...................................................................... $ 0
Sec. 157. DEPARTMENT OF LICENSING
AND REGULATORY AFFAIRS
(1) APPROPRIATION SUMMARY
GROSS APPROPRIATION............................................................................... $ 500,000
[Please see the PDF version of this journal, if available, to view this image.]
Interdepartmental grant revenues:
Total interdepartmental grants and
intradepartmental transfers................................ 0
ADJUSTED GROSS APPROPRIATION............................................................ $ 500,000
Federal revenues:
Total federal revenues........................................................................................ 0
Special revenue funds:
Total local revenues........................................................................................... 0
Total private revenues........................................................................................ 0
Total other state restricted
revenues..................................................................... 500,000
State general fund/general purpose...................................................................... $ 0
(2) OCCUPATIONAL REGULATION
Bureau of community and health
systems............................................................. $ 500,000
GROSS APPROPRIATION............................................................................... $ 500,000
Appropriated from:
Special revenue funds:
Child care home and center
licenses fund............................................................. 500,000
State general fund/general purpose...................................................................... $ 0
Sec. 158. DEPARTMENT OF NATURAL
RESOURCES
(1) APPROPRIATION SUMMARY
GROSS APPROPRIATION............................................................................... $ 21,100,000
Interdepartmental grant revenues:
Total interdepartmental grants and
intradepartmental transfers................................ 0
ADJUSTED GROSS APPROPRIATION............................................................ $ 21,100,000
Federal revenues:
Total federal revenues........................................................................................ 3,600,000
Special revenue funds:
Total local revenues........................................................................................... 0
Total private revenues........................................................................................ 0
Total other state restricted
revenues..................................................................... 17,500,000
State general fund/general purpose...................................................................... $ 0
(2) DEPARTMENTAL ADMINISTRATION
AND SUPPORT
Executive direction............................................................................................ $ 36,000
Finance and operations....................................................................................... 44,300
GROSS APPROPRIATION............................................................................... $ 80,300
Appropriated from:
Special revenue funds:
Off-road vehicle trail improvement
fund.............................................................. 80,300
State general fund/general purpose...................................................................... $ 0
(3) COMMUNICATION AND CUSTOMER
SERVICES
Marketing and outreach...................................................................................... $ 13,400
GROSS APPROPRIATION............................................................................... $ 13,400
Appropriated from:
Special revenue funds:
Off-road vehicle trail improvement
fund.............................................................. 13,400
State general fund/general purpose...................................................................... $ 0
(4) LAW ENFORCEMENT
General law enforcement.................................................................................... $ 716,800
GROSS APPROPRIATION............................................................................... $ 716,800
Appropriated from:
Special revenue funds:
Off-road vehicle trail improvement
fund.............................................................. 716,800
State general fund/general purpose...................................................................... $ 0
(5) GRANTS
National recreational trails.................................................................................. $ 1,900,000
Off-road vehicle trail improvement
grants............................................................ 764,500
Snowmobile local grants program....................................................................... 3,700,000
GROSS APPROPRIATION............................................................................... $ 6,364,500
[Please see the PDF version of this journal, if available, to view this image.]
Appropriated from:
Federal revenues:
Federal funds.................................................................................................... 1,900,000
Special revenue funds:
Off-road vehicle trail improvement
fund.............................................................. 764,500
Snowmobile trail improvement fund.................................................................... 3,700,000
State general fund/general purpose...................................................................... $ 0
(6) CAPITAL OUTLAY RECREATIONAL
LANDS AND
INFRASTRUCTURE
Off-road vehicle trail development
and maintenance............................................. $ 1,425,000
Snowmobile trail development and
maintenance................................................... 2,300,000
State parks repair and maintenance...................................................................... 8,500,000
GROSS APPROPRIATION............................................................................... $ 12,225,000
Appropriated from:
Special revenue funds:
Off-road vehicle trail improvement
fund.............................................................. 1,425,000
Park improvement fund...................................................................................... 8,000,000
Recreation passport fees..................................................................................... 500,000
Snowmobile trail improvement fund.................................................................... 2,300,000
State general fund/general purpose...................................................................... $ 0
(7) ONE-TIME BASIS ONLY
APPROPRIATIONS
Shooting range enhancement
projects - capital outlay............................................ $ 1,700,000
GROSS APPROPRIATION............................................................................... $ 1,700,000
Appropriated from:
Federal revenues:
Federal funds.................................................................................................... 1,700,000
State general fund/general purpose...................................................................... $ 0
Sec. 159. DEPARTMENT OF STATE
POLICE
(1) APPROPRIATION SUMMARY
GROSS APPROPRIATION............................................................................... $ 1,927,600
Interdepartmental grant revenues:
Total interdepartmental grants and
intradepartmental transfers................................ 0
ADJUSTED GROSS APPROPRIATION............................................................ $ 1,927,600
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...................................................................... $ 1,927,600
(2) ONE-TIME ONLY APPROPRIATIONS
Active violence response training........................................................................ $ 1,927,600
GROSS APPROPRIATION............................................................................... $ 1,927,600
Appropriated from:
State general fund/general purpose...................................................................... $ 1,927,600
Sec. 160. DEPARTMENT OF
TECHNOLOGY, MANAGEMENT, AND
BUDGET
(1) APPROPRIATION SUMMARY
GROSS APPROPRIATION............................................................................... $ 4,465,000
Interdepartmental grant revenues:
Total interdepartmental grants and
intradepartmental transfers................................ 0
ADJUSTED GROSS APPROPRIATION............................................................ $ 4,465,000
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...................................................................... $ 4,465,000
[Please see the PDF version of this journal, if available, to view this image.]
(2)
CAPITAL OUTLAY
Enterprisewide special maintenance
for state facilities........................................... $ 4,465,000
GROSS APPROPRIATION............................................................................... $ 4,465,000
Appropriated from:
State general fund/general purpose...................................................................... $ 4,465,000
Sec. 161. DEPARTMENT OF TREASURY
(1) APPROPRIATION SUMMARY
GROSS APPROPRIATION............................................................................... $ 250,000
Interdepartmental grant revenues:
Total interdepartmental grants and
intradepartmental transfers................................ 0
ADJUSTED GROSS APPROPRIATION............................................................ $ 250,000
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...................................................................... $ 250,000
(2) GRANTS
Senior citizen cooperative housing
tax exemption program.................................... $ 250,000
GROSS APPROPRIATION............................................................................... $ 250,000
Appropriated from:
State general fund/general purpose...................................................................... $ 250,000
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
FOR FISCAL YEAR 2019-2020
GENERAL SECTIONS
Sec. 201. (1) Pursuant to section 30
of article IX of the state constitution of 1963, total state spending from
state sources under part 1 for fiscal year 2019-2020 is $3,401,707,600.00 and
state spending from state sources to be paid to local units of government for
fiscal year 2019-2020 is $1,631,832,000.00. The itemized statement below
identifies appropriations from which spending to local units of government will
occur:
DEPARTMENT OF STATE
Fees to local units.............................................................................................. $ 73,300
Motorcycle safety grants.................................................................................... 1,054,200
Subtotal............................................................................................................ $ 1,127,500
DEPARTMENT OF TREASURY
Airport parking distribution
pursuant to section 909.............................................. $ 24,601,900
City, village, and township
revenue sharing.......................................................... 261,024,600
Constitutional state general
revenue sharing grants................................................ 865,441,900
Convention facility development
fund distribution................................................ 105,356,300
County incentive program.................................................................................. 43,325,200
County revenue sharing payments....................................................................... 183,182,900
Emergency
Financially distressed cities,
villages, or townships................................................ 2,500,000
Health and safety fund grants.............................................................................. 1,500,000
Recreational marihuana grants............................................................................ 20,250,000
Payments in lieu of taxes.................................................................................... 27,351,600
Senior citizen cooperative housing
tax exemption................................................. $ 10,771,300
Subtotal............................................................................................................ $ 1,594,105,700
DEPARTMENT OF LABOR AND ECONOMIC OPPORTUNITY
Going pro......................................................................................................... $ 25,918,800
Welfare-to-work programs.................................................................................. 10,680,000
Subtotal............................................................................................................ $ 36,598,800
TOTAL GENERAL GOVERNMENT................................................................... $ 1,631,832,000
(2) Pursuant to section 30
of article IX of the state constitution of 1963, total state spending from
state sources for fiscal year 2019-2020 is estimated at $34,947,642,500.00 in
the 2019-2020 appropriations acts and total state spending from state sources
paid to local units of government for fiscal year 2019-2020 is estimated at
$19,594,591,900.00. The state-local proportion is estimated at 56.1% of total
state spending from state sources.
(3) If payments to local units
of government and state spending from state sources for fiscal year 2019‑2020
are different than the amounts estimated in subsection (2), the state
budget director shall report the payments to local units of government and
state spending from state sources that were made for fiscal year 2019-2020 to
the senate and house of representatives standing committees on appropriations
within 30 days after the final book-closing for fiscal year 2019-2020.
Sec. 202. The appropriations
authorized under this part and part 1 are subject to the management and budget
act, 1984 PA 431,
Sec. 203. As used in this part
and part 1:
(a) ATM means automated teller
machine.
(b) COBRA means the
consolidated omnibus budget reconciliation act of 1985, Public Law 99-272, 100 Stat
82.
(c) DAG means the United
States Department of Agriculture.
(d) DED means the United
States Department of Education.
(e) DED-OESE means the DED
Office of Elementary and Secondary Education.
(f) DED-OPSE means the DED
Office of Postsecondary Education.
(g) DED-OVAE means the DED
Office of Vocational and Adult Education.
(h) DOE-OEERE means the United
States Department of Energy, Office of Energy Efficiency and Renewable Energy.
(i) DOL means the United
States Department of Labor.
(j)
(k) EEOC means the United
States Equal Employment Opportunity Commission.
(l)
(m) Fund means the Michigan
strategic fund.
(n) GEAR-UP means gaining
early awareness and readiness for undergraduate programs.
(o) GED means a general
educational development certificate.
(p) GF/GP means general
fund/general purpose.
(q)
(r)
(s)
(t) HUD means the United
States Department of Housing and Urban Development.
(u) HUD-CPD means the United
States Department of Housing and Urban Development - Community Planning and
Development.
(v)
(w) JCOS means the joint
capital outlay subcommittee.
(x)
(y)
(z) MDE means the Michigan
department of education.
(aa) MDEGLE means the Michigan
department of environment, Great Lakes, and energy.
(bb) MDHHS means the Michigan
department of health and human services.
(cc) MDLARA means the Michigan
department of licensing and regulatory affairs.
(dd) MDLEO means the Michigan
department of labor and economic opportunity.
(ee) MDMVA means the Michigan
department of military and veterans affairs.
(ff) MDOT means the Michigan
department of transportation.
(gg) MDSP means the Michigan
department of state police.
(hh) MDTMB means the Michigan
department of technology, management, and budget.
(ii)
(jj) MEGA means the Michigan
economic growth authority.
(kk)
(ll) MPE means the Michigan public employees.
(mm) MSF means the Michigan
strategic fund.
(nn) MSHDA means the Michigan
state housing development authority.
(oo) NERE means nonexclusively
represented employees.
(pp) NFAH-NEA means the
National Foundation of the Arts and the Humanities - National Endowment for the
Arts.
(qq) PA means public act.
(rr) PATH means Partnership.
Accountability. Training. Hope.
(ss) RFP means a request for a
proposal.
(tt) SEIU means Service
Employees International Union.
(uu) SIGMA means statewide
integrated governmental management applications.
(vv) Talent investment agency
means the Michigan talent investment agency created under section III of
Executive Order No. 2014-12, MCL 125.1995, or its successor.
(ww) WDA means the workforce
development agency.
(xx) WIC means women, infants,
and children.
Sec. 204. The departments and
agencies receiving appropriations in part 1 shall use the internet to fulfill
the reporting requirements of this part. This requirement may include
transmission of reports via electronic mail to the recipients identified for
each reporting requirement, or it may include placement of reports on an
internet or intranet site.
Sec. 205. Funds appropriated in
part 1 shall not be used for the purchase of foreign goods or services, or
both, if competitively priced and of comparable quality American goods or
services, or both, are available. Preference shall be given to goods or
services, or both, manufactured or provided by Michigan businesses, if they are
competitively priced and of comparable quality. In addition, preference should
be given to goods or services, or both, that are manufactured or provided by
Michigan businesses owned and operated by veterans, if they are competitively
priced and of comparable quality.
Sec. 206. The director of each
department and agency receiving appropriations in part 1 shall take all reasonable
steps to ensure businesses in deprived and depressed communities compete for
and perform contracts to provide services or supplies, or both. Each director
shall strongly encourage firms with which the department contracts to
subcontract with certified businesses in depressed and deprived communities for
services, supplies, or both.
Sec. 207. The departments and
agencies receiving appropriations in part 1 shall prepare a report on out‑of‑state
travel expenses not later than January 1 of each year. The travel report shall
be a listing of all travel by classified and unclassified employees outside
this state in the immediately preceding fiscal year that was funded in whole or
in part with funds appropriated in the department s budget. The report shall be
submitted to the house and senate standing committees on appropriations, the
chairpersons of the relevant appropriations subcommittees, the house and senate
fiscal agencies, and the state budget director. The report shall include the
following information:
(a) The dates of each travel
occurrence.
(b) The total transportation and
related costs of each travel occurrence, including the proportion funded with
state GF/GP revenues, the proportion funded with state restricted revenues, the
proportion funded with federal revenues, and the proportion funded with other
revenues.
Sec. 208. Funds appropriated in
part 1 shall not be used by a principal executive department, state agency, or
authority to hire a person to provide legal services that are the responsibility
of the attorney general. This prohibition does not apply to legal services for
bonding activities and for those outside legal services that the attorney
general authorizes.
Sec. 209. Not later than
November 30, the state budget office shall prepare and transmit a report that
provides for estimates of the total GF/GP appropriation lapses at the close of
the prior fiscal year. This report shall summarize the projected year-end GF/GP
appropriation lapses by major departmental program or program areas. The report
shall be transmitted to the chairpersons of the senate and house appropriations
committees and the senate and house fiscal agencies.
Sec. 210. (1) Pursuant to section 352
of the management and budget act, 1984 PA 431, MCL 18.1352, which provides
for a transfer of state general fund revenue into or out of the countercyclical
budget and economic stabilization fund, the calculations required by section 352
of the management and budget act, 1984 PA 431, MCL 18.1352, are determined
as follows:
2018 2019 2020
Michigan personal income (millions)................................... $475,626 $492,749 $510,488
less: transfer payments................................................... 97,309 102,280 106,136
Subtotal
.......................................................................... $378,317 $390,469 $404,352
Divided by: Detroit Consumer Price Index for 12 months
ending June 30.............................................................. 2.322 2.357 2.403
Equals: real adjusted Michigan personal income................... $162,927 $165,664 $168,285
Percentage change............................................................. N/A 1.7% 1.6%
Growth rate in excess of 2%?.............................................. N/A 0.0% 0.0%
Equals: countercyclical budget and economic stabilization
fund pay-in calculation for the
fiscal year ending
September 30, 2020 (millions)........................................ N/A NO NO
Growth rate less than 0%?.................................................. N/A NO
Equals: countercyclical budget and economic stabilization
fund pay-out calculation for
the fiscal year ending
September 30, 2019 (millions)........................................ N/A $0.0
(2) Notwithstanding subsection (1),
there is appropriated for the fiscal year ending September 30, 2020, from GF/GP
revenue for deposit into the countercyclical budget and economic stabilization
fund the sum of $0.00.
Sec. 211. The departments and
agencies receiving appropriations in part 1 shall cooperate with the department
of technology, management, and budget to maintain a searchable website that is
updated at least quarterly and that is accessible by the public at no cost that
includes, but is not limited to, all of the following for each department or
agency:
(a) Fiscal year-to-date
expenditures by category.
(b) Fiscal year-to-date
expenditures by appropriation unit.
(c) Fiscal year-to-date payments
to a selected vendor, including the vendor name, payment date, payment amount,
and payment description.
(d) The number of active
department employees by job classification.
(e) Job specifications and wage
rates.
Sec. 212. Within 14 days after the
release of the executive budget recommendation, the departments and agencies
receiving appropriations in part 1 shall cooperate with the state budget
director to provide the chairs of the senate and house of representatives
standing committees on appropriations, the chairs of the senate and house of
representatives standing committees on appropriations subcommittees on general
government, and the senate and house fiscal agencies with an annual report on
estimated state restricted fund balances, state restricted fund projected
revenues, and state restricted fund expenditures for the fiscal years ending
September 30, 2019 and September 30, 2020.
Sec. 213. The departments and
agencies receiving appropriations in part 1 shall maintain, on a publicly
accessible website, a department or agency scorecard that identifies, tracks,
and regularly updates key metrics that are used to monitor and improve the
department s or agency s performance.
Sec. 215. Funds appropriated in
part 1 shall not be used by this state, a department, an agency, or an
authority of this state to purchase an ownership interest in a casino
enterprise or a gambling operation as those terms are defined in the Michigan
gaming control and revenue act, 1996 IL 1,
Sec. 216. 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. 217. General fund
appropriations in part 1 shall not be expended for items in cases where federal
funding or private grant funding is available for the same expenditures.
Sec. 218. A department or state
agency shall not take disciplinary action against an employee for communicating
with a member of the legislature or his or her staff.
Sec. 219. As a condition of
receiving funds appropriated in part 1, departments and agencies shall provide
all reports by the required due date and provide information 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 or agency fails to provide a
report by the required due date or fails to provide reasonably requested
information within 30 days after the request, the state funds appropriated in
part 1 for the department or agency operations shall be reduced by 5%. The
chairpersons of the house and senate subcommittees on general government
reserve the right to waive the operations appropriation reduction if the chairs
are notified and given a reasonable explanation for the delay 10 days prior to
the due date.
Sec. 221. Each department and
agency shall report no later than April 1 on each specific policy change made
to implement a public act affecting the department that took effect during the
prior calendar year to the senate and house of representatives standing
committees on appropriations subcommittees on general government, the joint
committee on administrative rules, and the senate and house fiscal agencies.
Sec. 222. Funds appropriated in
part 1 shall not be expended in cases if existing work project authorization is
available for the same expenditures.
Sec. 229. (1) If the office of the
auditor general has identified an initiative or made a recommendation that is
related to savings and efficiencies in an audit report for an executive branch
department or agency, the department or agency shall report within 6 months of
the release of the audit on their efforts and progress made toward achieving
the savings and efficiencies identified in the audit report. The report shall
be submitted to the chairs of the senate and house of representatives standing committees
on appropriations, the chairs of the senate and house of representatives
standing committees with jurisdiction over matters relating to the department
that is audited, and the senate and house fiscal agencies.
(2) If the office of the auditor
general does not receive the required report regarding initiatives related to savings and efficiencies within the 6-month time
frame, the office of the auditor general may charge noncompliant
executive branch departments and agencies for the cost of performing a
subsequent audit to ensure that the initiatives related to savings and
efficiencies have been implemented.
Sec. 235. By April 1, the state
budget director shall submit a report to the senate and house appropriations
committees, the chairpersons of the relevant appropriations subcommittees, and
the senate and house fiscal agencies. The report shall recommend a contingency
plan for each federal funding source included in the state budget of
$10,000,000.00 or more in the event that the federal government reduces funding
to the state through that source by 10% or greater.
Sec. 240. (1)
Concurrently with the submission of the fiscal year 2020-2021 executive budget
recommendations, the state budget office shall provide the senate and house
appropriations committees, the chairpersons of the relevant appropriations
subcommittees, the senate and house fiscal agencies, and the policy offices a
report that lists each new program or program enhancement for which funds in
excess of $500,000.00 are appropriated in part 1 of each departmental
appropriation act.
(2) By July
1, 2020, the state budget director and the chairs of the senate and house
appropriations committees shall identify new programs or program enhancements identified under
subsection (1) for measurement using program specific metrics, in addition
to the metrics required under section 447 of the management and budget
act, 1984 PA 431, MCL 18.1447.
(3) By September 30, 2021, the
state budget office shall provide a report on the specific metrics and the
progress in meeting the estimated performance for each program identified under
subsection (2) to the senate and house appropriations committees, the
senate and house appropriations subcommittees on each state department, and the
senate and house fiscal agencies and policy offices. It is the intent of the
legislature that the governor consider the estimated performance of the new
program or program enhancement as the basis for any increase in funds
appropriated from the prior year.
DEPARTMENT OF ATTORNEY GENERAL
Sec. 301. (1) In addition to the
funds appropriated in part 1, there is appropriated an amount not to exceed
$750,000.00 for federal contingency funds. These funds are not available for
expenditure until they have been transferred to another line item in part 1
under section 393(2) of the management and budget act, 1984 PA 431,
(2) In addition to the funds
appropriated in part 1, there is appropriated an amount not to exceed
$750,000.00 for state restricted contingency funds. These funds are not
available for expenditure until they have been transferred to another line item
in part 1 under section 393(2) of the management and budget act, 1984 PA 431,
(3) In addition to the funds
appropriated in part 1, there is appropriated an amount not to exceed
$50,000.00 for local contingency funds. These funds are not available for
expenditure until they have been transferred to another line item in part 1
under section 393(2) of the management and budget act, 1984 PA 431,
(4) In addition to the funds
appropriated in part 1, there is appropriated an amount not to exceed
$50,000.00 for private contingency funds. These funds are not available for
expenditure until they have been transferred to another line item in part 1 under
section 393(2) of the management and budget act, 1984 PA 431,
Sec. 302. (1) The attorney general
shall perform all legal services, including representation before courts and
administrative agencies rendering legal opinions and providing legal advice to
a principal executive department or state agency. A principal executive
department or state agency shall not employ or enter into a contract with any
other person for services described in this section.
(2) The attorney general shall
defend judges of all state courts if a claim is made or a civil action is
commenced for injuries to persons or property caused by the judge through the
performance of the judge s duties while acting within the scope of his or her
authority as a judge.
(3) The attorney general shall
perform the duties specified in 1846 RS 12,
Sec. 303. The attorney general may
sell copies of the biennial report in excess of the 350 copies that the
attorney general may distribute on a gratis basis. Gratis copies shall not be
provided to members of the legislature. Electronic copies of biennial reports
shall be made available on the department of attorney general s website. The
attorney general shall sell copies of the report at not less than the actual
cost of the report and shall deposit the money received into the general fund.
Sec. 304. The department of
attorney general is responsible for the legal representation for state of
Michigan state employee worker s disability compensation cases. The risk
management revolving fund revenue appropriation in part 1 is to be satisfied by
billings from the department of attorney general for the actual costs of legal
representation, including salaries and support costs.
Sec. 305. In addition to the funds
appropriated in part 1, not more than $400,000.00 shall be reimbursed per
fiscal year for food stamp fraud cases heard by the third circuit court of
Wayne County that were initiated by the department of attorney general pursuant
to the existing contract between the department of health and human services,
the Prosecuting Attorneys Association of Michigan, and the department of
attorney general. The source of this funding is money earned by the department
of attorney general under the agreement after the allowance for reimbursement
to the department of attorney general for costs associated with the prosecution
of food stamp fraud cases. It is recognized that the federal funds are earned
by the department of attorney general for its documented progress on the
prosecution of food stamp fraud cases according to the United States Department
of Agriculture regulations and that, once earned by this state, the funds
become state funds.
Sec. 306. Any proceeds from a
lawsuit initiated by or settlement agreement entered into on behalf of this
state against a manufacturer of tobacco products by the attorney general are
state funds and are subject to appropriation as provided by law.
Sec. 307. (1) In addition to the
antitrust revenues in part 1, antitrust, securities fraud, consumer protection or class action enforcement revenues, or attorney
fees recovered by the department, not to exceed $250,000.00, are
appropriated to the department for antitrust, securities fraud, and consumer
protection or class action enforcement cases.
(2) Any
unexpended funds from antitrust, securities fraud, or consumer protection or
class action enforcement revenues at the end of the fiscal year, including antitrust funds in
part 1, may be carried forward for expenditure in the following fiscal year up
to the maximum authorization of $250,000.00. The total amount of carry forward
funds shall not exceed a total of $250,000.00.
(3) The attorney general s
office shall make available upon request information detailing the amount of
revenue from subsection (1) recovered by the attorney general, including a
description of the source of the revenue and the carryforward amount.
Sec. 309. (1) From the prisoner
reimbursement funds appropriated in part 1, the department may spend up to
$542,000.00 on activities related to the state correctional facility
reimbursement act, 1935 PA 253,
(2) The attorney general s
office shall make available upon request information on the dollar amount of
prisoner reimbursements collected from subsection (1) as well as
descriptions of all expenditures made from the reimbursements, including what
activities related to the state correctional facility reimbursement act, 1935 PA 253,
MCL 800.401 to 800.406, funds were spent on.
Sec. 309a. Not later than March
1, the department of attorney general must report to the house and senate
appropriations subcommittees with jurisdiction over the budget of the
department of corrections, and the house and senate fiscal agencies, the total
amount of reimbursements received under section 6 of the state correctional facility reimbursement act, 1935 PA 253,
MCL 800.406, the amount paid to conduct the investigations from these
reimbursements, and the amount credited to the general fund from these
reimbursements.
Sec. 310. (1) For the purposes
of providing title IV-D child support enforcement funding, the attorney general
shall maintain a cooperative agreement with the department of health and human
services, as the state IV-D agency, for federal IV-D funding to support the
child support enforcement activities within the office of the attorney general.
(2) The attorney general or his
or her designee shall, to the extent allowable under federal law, have access
to any information used by the state to locate parents who fail to pay
court-ordered child support.
Sec. 312. The department of
attorney general shall not receive and expend funds in addition to those
authorized in part 1 for legal services provided specifically to other state
departments or agencies except for costs for expert witnesses, court costs, or
other nonsalary litigation expenses associated with a pending legal action.
Sec. 313. The department of
attorney general must submit a quarterly report to the house and senate standing committees on appropriations, the house
and senate appropriations subcommittees on general government, the house
and senate fiscal agencies, and the state budget office, regarding the lawsuit
settlement proceeds fund that includes all of the following:
(a) The total amount of revenue
deposited into the lawsuit settlement proceeds fund in the current fiscal year
delineated by case.
(b) The total amount
appropriated from the lawsuit settlement proceeds fund in the current fiscal
year delineated by appropriation.
(c) Earned settlement proceeds
that are anticipated but not yet deposited into the fund delineated by case.
(d) Any known potential
settlement amounts from cases that have not been decided, delineated by case.
Sec. 314. (1) From the lawsuit
settlement proceeds fund appropriated in part 1, the department may spend the
funds for the costs of all associated expenses related to the declaration of
emergency due to drinking water contamination up to $2,600,000.00.
(2) The
attorney general s office must submit a quarterly report to the house and
senate standing committees on appropriations, the house and senate appropriations subcommittees on
general government, the senate and house fiscal agencies, and the state budget
director, detailing how funds in subsection (1) and all other currently
and previously budgeted funds associated with legal costs pertaining to the
Flint water declaration of emergency were expended. The report must itemize
expenditures by case, purpose, hourly rate of retained attorney, and department
involved.
(3) As a condition of receiving
funds appropriated in part 1, the attorney general must not retain the services
of an outside counsel associated with the declaration of emergency due to
drinking water contamination at an hourly rate of more than $250.00 unless all
reporting requirements under subsection (2) are satisfied.
Sec. 315. Total authorized
appropriations from all sources under part 1 for legacy costs for the fiscal
year ending September 30, 2020 are $17,223,800.00. From this amount, total
agency appropriations for pension-related legacy costs are estimated at
$8,372,900.00. Total agency appropriations for retiree health care legacy costs
are estimated at $8,850,900.00.
Sec. 316. (1)
From the funds appropriated in part 1 for sexual assault law enforcement
efforts, the department shall use the funds for testing of backlogged sexual assault kits
across this state. The funding provided in part 1 shall be distributed in the
following order of priority:
(a) To eliminate all county sexual
assault kit backlogs across this state.
(b) To assist local prosecutors
with investigations and prosecutions of viable cases.
(c) To provide victim services.
(2) The department of the attorney
general shall provide a report by February 1. The report shall include the
following information:
(a) The number of sexual assault
kits across this state that remain untested as of January 31.
(b) A detailed work plan outlining
the department s action plan to eliminate all outstanding sexual assault kits
and the time frame for completion of testing of all untested sexual assault
kits.
(c) A detailed work and spending
plan outlining anticipated litigation action and expenditures resulting from
findings of the sexual assault kit testing. The report shall be submitted to
the state budget office, the senate and house fiscal agencies, and the senate
and house of representatives standing committees on appropriations
subcommittees on general government.
(3) Any funds remaining after the
department has met the obligations required under subsection (1) may be
used for the purpose of retesting any previously tested sexual assault kits
across this state using currently available DNA testing. Funds only may be used
for DNA testing on previously tested kits that were not tested for DNA. If
there are remaining untested sexual assault kits on January 31, 2020, funds
appropriated in part 1 shall only be used for the testing of those kits.
Sec. 317. (1) The department of
attorney general shall report all legal costs and associated expenses related
to the declaration of emergency due to drinking water contamination, and the
investigations and any resulting prosecutions, for publication in the Flint
water emergency-financial and activities tracking and reporting document that
is posted by the state budget director on the public website, michigan.gov/flintwater.
The tracking and reporting documents shall include the budget line item source
for each expenditure.
(2) At the conclusion of all
attorney general investigations related to the declaration of emergency due to
drinking water contamination, all materials related to any investigations shall
be preserved pursuant to applicable document retention policies.
Sec. 319. From the funds
appropriated in part 1, the attorney general shall provide a quarterly report
on the wrongful imprisonment compensation fund to the chairpersons of the
appropriations subcommittees on general government, the senate and house fiscal
agencies, and the state budget director. The report shall include at least the
following:
(a) All payments made from the wrongful
imprisonment fund in the previous quarter, including if the payment is part of
a new settlement or part of an installment plan.
(b) Any settlements that have been
decided, but have yet to receive a payment.
(c) The number of known cases
seeking a settlement, but do not have a final judgment, and the dollar amount
of each potential payment for these known cases.
(d) The balance of the wrongful
imprisonment fund at the end of the previous quarter.
Sec. 320. From the funds
appropriated in part 1, the department of attorney general shall do all of the
following:
(a) Notify the appropriation
chairs and fiscal agencies of all lawsuit settlements with a fiscal impact of
$5,000,000.00 or more no later than 10 days after a settlement is reached. It
is the intent of the legislature that any lawsuit settlement must take into
consideration the potential cost and tax dollar impact to Michigan taxpayers as
part of the settlement negotiations process.
(b) Not enter into any lawsuit
that is contrary to the laws of this state.
(c) Enforce the laws of this
state.
Sec. 321. Upon entering into a
lawsuit against the federal government, either on this state s own accord or
accompanied by other states, the department of attorney general must submit a
notification of the lawsuit filing to the chairpersons of the house and senate
appropriations subcommittees on general government. The notification must
include an estimate of all financial costs to this state for participating in
the legal action. Upon the request of either chairperson of the house or senate
appropriations subcommittee on general government, the attorney general, and
not a designee of the attorney general, must appear before the house or senate
appropriations subcommittees on general government and present the department s
findings and discovery material that led to the filing of the lawsuit. This
appearance and presentation must take place no later than 30 business days
after the request for the appearance.
DEPARTMENT OF CIVIL RIGHTS
Sec. 401. (1) In addition to the
funds appropriated in part 1, there is appropriated an amount not to exceed
$1,000,000.00 for federal contingency funds. These funds are not available for
expenditure until they have been transferred to another line item in part 1
under section 393(2) of the management and budget act, 1984 PA 431,
(2)
In addition to the funds appropriated in part 1, there is appropriated an
amount not to exceed $375,000.00 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,
Sec. 402. (1) In addition to the
appropriations contained in part 1, the department of civil rights may receive
and expend funds from local or private sources for all of the following
purposes:
(a)
Developing and presenting training for employers on equal employment
opportunity law and procedures.
(b) The publication and sale of
civil rights related informational material.
(c) The provision of copy material
made available under freedom of information requests.
(d) Other copy fees, subpoena
fees, and witness fees.
(e) Developing, presenting, and
participating in mediation processes for certain civil rights cases.
(f) Workshops, seminars, and
recognition or award programs consistent with the programmatic mission of the
individual unit sponsoring or coordinating the programs.
(g) Staffing costs for all
activities included in this subsection.
(2) The department of civil rights
shall annually report to the state budget director, the senate and house of representatives standing committees on
appropriations, the chairpersons of the relevant appropriations subcom mittees,
and the senate and house fiscal agencies the amount of funds received and
expended for purposes authorized under this section.
Sec. 403. The department of civil
rights may contract with local units of government to review equal employment opportunity compliance of potential
contractors and may charge for and expend amounts received from local
units of government for the purpose of developing and providing these
contractual services.
Sec. 404. (1) The department of
civil rights shall prepare and transmit a detailed report that includes, but is
not limited to, the following information for the most recent fiscal year:
(a) A detailed description of the
department operations.
(b) A detailed description of all
subunits within the department, including FTE positions associated with each
subunit, responsibilities of each subunit, and all revenues and expenditures
for each subunit.
(c) The number of complaints by
type of complaint.
(d) The average cost of, and time
expended, investigating complaints.
(e) The percentage of complaints
that are meritorious and worthy of investigation or settlement and the
percentage of complaints that have no merit.
(f) A listing of amounts awarded
to claimants.
(g) Expenditures associated with
complaint investigation and enforcement.
(h) A listing of complaint
investigations closed per FTE position for each of the past 5 years.
(i) A listing of complaint
evaluations completed per FTE position for each of the past 5 years.
(j) Productivity projections for
the current fiscal year, including investigations closed per FTE, complaint
evaluations completed per FTE, and average time expended investigating
complaints.
(k) Revenues and expenditures
associated with section 403 of this part by local unit.
(2) The report required under subsection (1)
shall be posted online and transmitted electronically not later than November
30 to the state budget director, the chairpersons of the senate and house of
representatives standing committees on appropriations, the senate and house
appropriations subcommittees on general government, and the senate and house
fiscal agencies.
Sec. 405. The
department of civil rights shall notify the state budget office, senate and
house of representatives standing committees on appropriations, the chairpersons of the
appropriations subcommittees on general government,
and senate and house fiscal agencies prior to submitting a report or complaint
to the United States Commission on Civil Rights or other federal
departments.
Sec. 410. Total authorized
appropriations from all sources under part 1 for legacy costs for the fiscal
year ending September 30, 2020 are $2,516,500.00. From this amount, total
agency appropriations for pension-related legacy costs are estimated at
$1,223,300.00. Total agency appropriations for retiree health care legacy costs
are estimated at $1,293,200.00.
Sec. 411. (1) From the funds
appropriated in part 1 for museums support, $500,000.00 shall be awarded to
support an Arab-American museum located in a county with a population over
1,300,000 and in a city with a population between 97,000 and 500,000 according
to the most recent federal decennial census.
(2) From the funds appropriated in
part 1 for museums support, $500,000.00 shall be awarded to support capital
improvements to an African-American museum in a city with a population greater
than 600,000 according to the most recent federal decennial census.
(3) From the funds appropriated in
part 1 for museums support, $500,000.00 shall be awarded to support a memorial
center in a county with a population between 1,000,000 and 1,700,000 and in a
city with a population between 79,000 and 80,000 according to the most recent
federal decennial census to expand educational access.
LEGISLATURE
Sec. 600. The senate, the house of
representatives, or an agency within the legislative branch may receive,
expend, and transfer funds in addition to those authorized in part 1.
Sec. 601. (1) Funds appropriated
in part 1 to an entity within the legislative branch shall not be expended or
transferred to another account without written approval of the authorized agent
of the legislative entity. If the authorized agent of the legislative entity
notifies the state budget director of its approval of an expenditure or
transfer before the year-end book-closing date for that legislative entity, the
state budget director shall immediately make the expenditure or transfer. The
authorized legislative entity agency shall be designated by the speaker of the
house of representatives for house entities, the senate majority leader for
senate entities, and the legislative council for legislative council entities.
(2) Funds appropriated within the
legislative branch, to a legislative council component, shall not be expended
by any agency or other subgroup included in that component without the approval
of the legislative council.
Sec. 602. The senate may charge
rent and assess charges for utility costs. The amounts received for rent
charges and utility assessments are appropriated to the senate for the
renovation, operation, and maintenance of the Binsfeld Office Building.
Sec. 603. (1) From the
appropriation contained in part 1 for national association dues, the first
$34,800.00 shall be paid to the National Conference of Commissioners of Uniform
State Laws. The remaining funds shall be distributed accordingly by the
legislative council.
(2) If any funds remain after all
required dues payments have been made as specified in subsection (1), the
Legislative Council may approve the use of up to $10,000.00 to pay for the
registration fees of any state employees who serve as board members to any of
the national associations receiving state funds for annual dues to attend that
national association s annual conference. If any of the $10,000.00 remains
after national board member s registration fees are paid, the remaining funds
may be used to pay for the registration fees for any other state employees to
attend the annual conference of any of the national associations receiving state
funds for annual dues as prescribed in subsection (1).
Sec. 604. (1) The appropriation in
part 1 to the Michigan state capitol historic site includes funds to operate
the legislative parking facilities in the capitol area. The Michigan state
capitol commission shall establish rules regarding the operation of the
legislative parking facilities.
(2) The Michigan state capitol
commission shall collect a fee from state employees and the general public
using certain legislative parking facilities. The revenues received from the
parking fees are appropriated upon receipt and shall be allocated by the
Michigan state capitol commission.
Sec. 605. The unexpended funds
appropriated in part 1 for the legislative council are designated as a work
project appropriation, and any unencumbered or unallotted funds shall not lapse
at the end of the fiscal year and shall be available for expenditures for
projects under this section until the projects have been completed. The
following is in compliance with section 451a of the management and budget
act, 1984 PA 431, MCL 18.1451a:
(a) The purpose of the project is
publication of the Michigan manual.
(b) The project will be
accomplished by utilizing state employees or contracts with service providers,
or both.
(c) The total estimated cost of
the project is $3,000,000.00.
(d) The tentative completion date
is September 30, 2024.
Sec. 606. The unexpended funds
appropriated in part 1 for property management are designated as a work project
appropriation, and any unencumbered or unallotted funds shall not lapse at the
end of the fiscal year and shall be available for expenditures for projects
under this section until the projects have been completed. The following
is in compliance with section 451a of the management and budget act, 1984 PA 431,
MCL 18.1451a:
(a) The purpose of the project
is to purchase equipment and services for building maintenance in order to
ensure a safe and productive work environment.
(b) The project will be
accomplished by utilizing state employees or contracts with service providers,
or both.
(c) The total estimated cost of
the project is $2,000,000.00.
(d) The tentative completion
date is September 30, 2024.
Sec. 607. The unexpended funds
appropriated in part 1 for automated data processing are designated as a work
project appropriation, and any unencumbered or unallotted funds shall not lapse
at the end of the fiscal year and shall be available for expenditures for
projects under this section until the projects have been completed. The
following is in compliance with section 451a of the management and budget
act, 1984 PA 431, MCL 18.1451a:
(a) The purpose of the project
is to purchase equipment, software, and services in order to support and
implement data processing requirements and technology improvements.
(b) The project will be
accomplished by utilizing state employees or contracts with service providers,
or both.
(c) The total estimated cost of
the project is $3,000,000.00.
(d) The tentative completion
date is September 30, 2024.
Sec. 608. In addition to funds
appropriated in part 1, the Michigan capitol committee publications save the
flags fund account may accept contributions, gifts, bequests, devises, grants,
and donations. Those funds that are not expended in the fiscal year ending September
30 shall not lapse at the close of the fiscal year, and shall be carried
forward for expenditure in the following fiscal years.
Sec. 615. Total authorized
appropriations from all sources under part 1 for legacy costs for the fiscal
year ending September 30, 2020 are $27,415,800.00. From this amount, total
agency appropriations for pension-related legacy costs are estimated at
$13,327,500.00. Total agency appropriations for retiree health care legacy
costs are estimated at $14,088,300.00.
Sec. 617. From the funds
appropriated in part 1, on a quarterly basis, the independent citizens
redistricting commission shall issue a report to the senate and house
appropriations subcommittees on general government, the senate and house fiscal
agencies, and the state budget director that provides a detailed listing of
expenditures related to independent citizens redistricting commission
activities. In addition to providing a listing of expenditures, the report must
also include a detailed description of activities undertaken to fulfill the
independent citizens redistricting commission s constitutional
responsibilities.
LEGISLATIVE AUDITOR GENERAL
Sec. 620. Pursuant to section 53
of article IV of the state constitution of 1963, the auditor general shall
conduct audits of the judicial branch. The audits may include the supreme court
and its administrative units, the court of appeals, and trial courts.
Sec. 621. (1) The auditor
general shall take all reasonable steps to ensure that certified minority- and
women-owned and operated accounting firms, and accounting firms owned and
operated by persons with disabilities participate in the audits of the books,
accounts, and financial affairs of each principal executive department, branch,
institution, agency, and office of this state.
(2) The auditor general shall
strongly encourage firms with which the auditor general contracts to perform
audits of the principal executive departments and state agencies to subcontract
with certified minority- and women-owned and operated accounting firms, and
accounting firms owned and operated by persons with disabilities.
(3) The auditor general shall
compile an annual report regarding the number of contracts entered into with
certified minority- and women-owned and operated accounting firms, and
accounting firms owned and operated by persons with disabilities. The auditor
general shall deliver the report to the state budget director and the senate
and house of representatives standing committees on appropriations
subcommittees on general government by November 1 of each year.
Sec. 622. From the funds
appropriated in part 1 to the legislative auditor general, the auditor general s
salary and the salaries of the remaining 2.0
Sec. 623. Any audits, reviews,
or investigations requested of the auditor general by the legislature or by
legislative leadership, legislative committees, or individual legislators shall
include an estimate of the additional costs involved and, when those costs
exceed $50,000.00, should provide supplemental funding. The auditor general
shall determine whether to perform those activities in keeping with Operations
Manual Policy No. 2-26, which describes the office of the auditor general s
policy on responding to legislative requests.
Sec. 624. If the auditor general
conducts a subsequent audit pursuant to section 229 of this part, the
auditor general may charge fees and collect revenues in excess of
appropriations in part 1 not to exceed the cost of any audit conducted pursuant
to section 229 of this part. Any revenues and fees collected pursuant to
this section are appropriated for expenditure for all expenses associated
with an audit conducted pursuant to section 229 of this part.
Sec. 625. It is the intent of
the legislature that the auditor general be authorized to access and examine
confidential information of each branch, department, office, board, commission,
agency, authority, and institution of the state. The auditor general would be
subject to the same duty of confidentiality imposed by law on the entity
providing the confidential information.
Sec. 626. From the funds appropriated
in part 1, the office of auditor general shall conduct a performance audit of
the Michigan department of transportation s use and procurement of contract
consultants for evaluating construction material specifications and
availability, including the use and procurement of contract consultants for the
analysis of specifications and availability of aggregate materials in this
state. The scope of the audit must include an evaluation of whether the
department of transportation s use and procurement of contract consultants for
evaluating construction material specifications and availability meet generally
accepted measures of efficiency, effectiveness, and best practices, as well as
conformance with state laws governing procurement. The office of auditor
general shall report the results of the audit to the house of representatives
and senate appropriations committees, and the house and senate fiscal agencies,
by June 1, 2020.
DEPARTMENT OF STATE
Sec. 701. (1) In addition to the
funds appropriated in part 1, there is appropriated an amount not to exceed
$2,000,000.00 for federal contingency funds. These funds are not available for
expenditure until they have been transferred to another line item in part 1
under section 393(2) of the management and budget act, 1984 PA 431,
(2) In addition to the funds
appropriated in part 1, there is appropriated an amount not to exceed
$2,500,000.00 for state restricted contingency funds. These funds are not
available for expenditure until they have been transferred to another line item
in part 1 under section 393(2) of the management and budget act, 1984 PA 431,
(3) In addition to the funds
appropriated in part 1, there is appropriated an amount not to exceed
$25,000.00 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,
(4) In addition to the funds
appropriated in part 1, there is appropriated an amount not to exceed
$50,000.00 for private contingency funds. These funds are not available for
expenditure until they have been transferred to another line item in part 1 under
section 393(2) of the management and budget act, 1984 PA 431,
Sec. 703. From the funds
appropriated in part 1, the department of state shall sell copies of records
including, but not limited to, records of motor vehicles, off-road vehicles, snowmobiles,
watercraft, mobile homes, personal identification cardholders, drivers, and
boat operators and shall charge $11.00 per record sold only as authorized in section 208b
of the Michigan vehicle code, 1949 PA 300,
Sec. 704. From the funds
appropriated in part 1, the secretary of state may enter into agreements with
the department of corrections for the manufacture of vehicle registration
plates 15 months before the registration year in which the registration plates
will be used.
Sec. 705. (1) The department of
state may accept gifts, donations, contributions, and grants of money and other
property from any private or public source to underwrite, in whole or in part,
the cost of a departmental publication that is prepared and disseminated under
the Michigan vehicle code, 1949 PA 300,
(2) The
department of state may sell and accept paid advertising for placement in a
departmental publication that is prepared and disseminated under the Michigan vehicle code, 1949
PA 300,
(3) Pending expenditure, the funds
received under this section shall be deposited in the Michigan department
of state publications fund created by section 211 of the Michigan vehicle
code, 1949 PA 300,
(4) Any unexpended revenues
received under this section shall be carried over into subsequent fiscal
years and shall be available for appropriation for the purposes described in
this section.
(5) On March 1 of each year, the
department of state shall file a report with the senate and house of
representatives standing committees on appropriations, the chairpersons of the
relevant appropriations subcommittees, the senate and house fiscal agencies,
and the state budget director. The report shall include all of the following
information:
(a) The amount of gifts, contributions,
donations, and grants of money received by the department under this section for
the prior fiscal year.
(b) A listing of the expenditures
made from the amounts received by the department as reported in subdivision
(a).
(c) A listing of any gift,
donation, contribution, or grant of property other than funding received by the
department under this section for the prior year.
(d) The total revenue received
from the sale of paid advertising accepted under this section and a
statement of the total number of advertising transactions.
(6) In
addition to copies delivered without charge as the secretary of state considers
necessary, the department of state may sell copies of manuals and other publications regarding
the sale, ownership, or operation or regulation of motor vehicles, with
amendments, at prices to be established by the secretary of state. As used in
this subsection, the term manuals and other publications includes videos and
proprietary electronic publications. All funds received from sales of these
manuals and other publications shall be credited to the Michigan department of
state publications fund.
Sec. 707. Funds collected by the
department of state under section 211 of the Michigan vehicle code, 1949 PA 300,
Sec. 708. From the funds
appropriated in part 1, the department of state shall use available balances at
the end of the state fiscal year to provide payment to the department of state
police in the amount of $332,000.00 for the services provided by the traffic
accident records program as first appropriated in 1990 PA 196 and 1990 PA 208.
Sec. 709.
From the funds appropriated in part 1, the department of state may restrict
funds from miscellaneous revenue to cover cash shortages created from normal branch office
operations. This amount shall not exceed $50,000.00 of the total funds
available in miscellaneous revenue.
Sec. 711. Collector plate and
fund-raising registration plate revenues collected by the department of state
are appropriated and allotted for distribution to the recipient university or
public or private agency overseeing a
state-sponsored goal when received. Distributions shall occur on a quarterly
basis or as otherwise authorized by law. Any revenues remaining at the
end of the fiscal year shall not lapse to the general fund but shall remain
available for distribution to the university or agency in the next fiscal year.
Sec. 712. The department of state
may produce and sell copies of a training video designed to inform registered
automotive repair facilities of their obligations under Michigan law. The price
shall not exceed the cost of production and distribution. The money received
from the sale of training videos shall revert to the department of state and be
placed in the auto repair facility account.
Sec. 713. (1) The department of
state, in collaboration with the gift of life transplantation society or its
successor federally designated organ procurement organization, may develop and
administer a public information campaign concerning the Michigan organ donor
program.
(2) The department of state may
solicit funds from any private or public source to underwrite, in whole or in
part, the public information campaign authorized by this section. The
department may accept gifts, donations, contributions, and grants of money and
other property from private and public sources for this purpose. A private or
public funding source underwriting the public information campaign, in whole or
in substantial part, shall receive sponsorship credit for its financial backing.
(3) Funds received under this
section, including grants from state and federal agencies, shall not lapse to
the general fund at the end of the fiscal year but shall remain available for
expenditure for the purposes described in this section.
(4) Funding appropriated in part
1 for the organ donor program shall be used for producing a pamphlet to be
distributed with driver licenses and personal identification cards regarding
organ donations. The funds shall be used to update and print a pamphlet that
will explain the organ donor program and encourage people to become donors by
marking a checkoff on driver license and personal identification card
applications.
(5) The pamphlet shall include a
return reply form addressed to the gift of life organization. Funding
appropriated in part 1 for the organ donor program shall be used to pay for
return postage costs.
(6) In addition to the
appropriations in part 1, the department of state may receive and expend funds
from the organ and tissue donation education fund for administrative expenses.
(7) The department must submit a
report to the house and senate appropriations subcommittees on general
government, the senate and house fiscal agencies, and the state budget director
by March 1 that provides the amount of revenue collected by the department of
state authorized under this section, the purpose of each expenditure, and the
amount of revenue carried forward.
Sec. 714. (1) Except as
otherwise provided under subsection (2), at least 180 days before closing a
branch office or consolidating a branch office and at least 60 days before
relocating a branch office, the department of
state shall inform members of the senate and house of representatives standing
committees on appropriations and legislators who represent affected
areas regarding the details of the proposal. The information provided shall be
in written form and include all analyses done regarding criteria for changes in
the location of branch offices, including, but not limited to, branch
transactions, revenue, and the impact on citizens of the affected area. The
impact on citizens shall include information regarding additional distance to
branch office locations resulting from the plan. The written notice provided by
the department of state shall also include detailed estimates of costs and
savings that will result from the overall changes made to the branch office
structure and the same level of detail regarding costs for new leased
facilities and expansions of current leased space.
(2) If the consolidation of a
branch office is with another branch office that is located within the same
local unit of government or the relocation of a branch office is to another
location that is located within the same local unit of government, the
department of state is not required to provide the notification or written
information described in subsection (1).
(3) As used in this section, local
unit of government means a city, village, township, or county.
Sec. 715. (1) Any service
assessment collected by the department of state from the user of a credit or
debit card under section 3 of 1995 PA 144,
(2) The service assessment
imposed by the department of state for credit and debit card services may be
based either on a percentage of each individual credit or debit card
transaction, or on a flat rate per transaction, or both, scaled to the amount
of the transaction. However, the department shall not charge any amount for a
service assessment which exceeds the costs billable to the department for
service assessments.
(3) If there is a balance of
service assessments received from credit and debit card services remaining on
September 30, the balance may be carried forward to the following fiscal year
and appropriated for the same purpose.
(4) As used in this section, service
assessment means and includes costs associated with service fees imposed by
credit and debit card companies and processing fees imposed by banks and other
financial institutions.
Sec. 717. (1) The department of
state may accept nonmonetary gifts, donations, or contributions of property
from any private or public source to support, in whole or in part, the
operation of a departmental function relating to licensing, regulation, or
safety. The department may recognize a private or public contributor for making
the contribution. The department may reject a gift, donation, or contribution.
(2) The department of state
shall not accept a gift, donation, or contribution under subsection (1) if
receipt of the gift, donation, or contribution is conditioned upon a commitment
of future state funding.
(3) On March 1 of each year, the
department of state shall file a report with the senate and house of
representatives standing committees on appropriations, the chairpersons of the
relevant appropriations subcommittees, the senate and house fiscal agencies,
and the state budget director. The report shall list any gift, donation, or
contribution received by the department under subsection (1) for the prior
calendar year.
Sec. 719. From the funds
appropriated in part 1 for election administration and services, the department
of state shall make available at least 1 voting machine to at least 1 high
school per regional prosperity region for the purpose of allowing pupils to
familiarize themselves with the voting procedure through a simulated election
to be determined by the high schools receiving a voting machine. The voting
machines shall be made available to the selected high schools at no cost to the
high school or school district in which the high school is located.
Sec. 721. From the funds
appropriated in part 1, the department of state must submit a quarterly report
of all department expenditures, itemized by purpose, associated with its role
as serving as secretary of the citizens redistricting commission, and all other
department activities related to implementing section 6 of article IV of
the state constitution of 1963. The report must be submitted to the house and
senate appropriations subcommittees on general government, the house and senate
fiscal agencies, and the state budget office.
Sec. 721a. From the funds
appropriated in part 1, the department of state must submit a quarterly report
of all department expenditures, itemized by purpose, associated with
implementing changes and new procedures and purchasing equipment as a result of
section 4 of article II of the state constitution of 1963. The report must
be submitted to the house and senate appropriations subcommittees on general
government, the house and senate fiscal agencies, and the state budget office.
Sec. 722. (1) From the funds
appropriated in part 1 for information technology services and projects, the
department of state shall continue implementation of a legacy modernization
project. The purpose of this project is modernization of the entire system and
removal of existing programs from the legacy mainframes.
(2) The department of state
shall provide a report on the status of the legacy modernization project that
includes, but is not limited to, itemization of all expenditures made on behalf
of the project, anticipated completion date of the project, time frame of each
phase of the project, the cost of the project, the number of employees assigned
to implement each phase of the project, the contracts entered into for the
project, anticipated overall cost of the project, and any other information the
department considers necessary. The plan shall be distributed to the senate and
house of representatives standing committees on appropriations subcommittees on
general government, as well as the senate and house fiscal agencies, and the
state budget director by January 1.
Sec. 723. The funds appropriated
in part 1 for county clerk education and training shall only be used for costs
associated with the training of local clerks in preparation for elections. The
department of state shall not allocate any funds appropriated for county clerk
education and training for any other purposes.
Sec. 725. Total authorized
appropriations from all sources under part 1 for legacy costs for the fiscal
year ending September 30, 2020 are estimated at $29,065,400.00. From this
amount, total agency appropriations for pension-related legacy costs are
estimated at $14,129,400.00. Total agency appropriations for retiree health
care legacy costs are estimated at $14,936,000.00.
DEPARTMENT OF TECHNOLOGY,
MANAGEMENT,
Sec. 801. (1) In addition to the
funds appropriated in part 1, there is appropriated an amount not to exceed
$2,000,000.00 for federal contingency funds. These funds are not available for
expenditure until they have been transferred to another line item in part 1 under
section 393(2) of the management and budget act, 1984 PA 431,
(2) In addition to the funds
appropriated in part 1, there is appropriated an amount not to exceed
$4,000,000.00 for state restricted contingency funds. These funds are not
available for expenditure until they have been transferred to another line item
in part 1 under section 393(2) of the management and budget act, 1984 PA 431,
(3) In addition to the funds
appropriated in part 1, there is appropriated an amount not to exceed
$75,000.00 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,
(4) In addition to the funds
appropriated in part 1, there is appropriated an amount not to exceed
$50,000.00 for private contingency funds. These funds are not available for
expenditure until they have been transferred to another line item in part 1
under section 393(2) of the management and budget act, 1984 PA 431,
Sec. 802. Proceeds in excess of
necessary costs incurred in the conduct of transfers or auctions of state
surplus, salvage, or scrap property made pursuant to section 267 of the
management and budget act, 1984 PA 431,
Sec. 803. (1) The MDTMB may
receive and expend funds in addition to those authorized by part 1 for
maintenance and operation services provided specifically to other principal
executive departments or state agencies, the legislative branch, the judicial
branch, or private tenants, or provided in connection with facilities
transferred to the operational jurisdiction of the department.
(2) The MDTMB may receive and
expend funds in addition to those authorized by part 1 for real estate,
architectural, design, and engineering services provided specifically to other
principal executive departments or state agencies, the legislative branch, the
judicial branch, or private tenants.
(3) The MDTMB may receive and
expend funds in addition to those authorized in part 1 for mail pickup and
delivery services provided specifically to other principal executive
departments and state agencies, the legislative branch, or the judicial branch.
(4) The MDTMB may receive and
expend funds in addition to those authorized in part 1 for purchasing services
provided specifically to other principal executive departments and state
agencies, the legislative branch, or the judicial branch.
Sec. 804. (1) Financing in part 1
for statewide appropriations shall be funded by assessments against longevity and insurance appropriations throughout
state government in a manner prescribed by the department. Funds shall be used as specified in joint
labor/management agreements or through the coordinated compensation
hearings process. Any deposits made under this subsection and any
unencumbered funds are restricted revenues, may be carried over into the
succeeding fiscal years, and are appropriated.
(2) In addition to the funds
appropriated in part 1 for statewide appropriations, the MDTMB may receive and
expend funds in such additional amounts as may be specified in joint
labor/management agreements or through the
coordinated compensation hearings process in the same manner and subject to the
same conditions as prescribed in subsection (1).
Sec. 805. To the extent a specific
appropriation is required for a detailed source of financing included in part 1
for the MDTMB appropriations financed from special revenue and internal service
and pension trust funds, or SIGMA user charges, the specific amounts are
appropriated within the special revenue internal service and pension trust
funds in portions not to exceed the aggregate amount appropriated in part 1.
Sec. 806. In addition to the funds
appropriated in part 1 to the MDTMB, the MDTMB may receive and expend funds
from other principal executive departments and state agencies to implement
administrative leave bank transfer provisions as may be specified in joint
labor/management agreements. The amounts may also be transferred to other
principal executive departments and state agencies under the joint agreement
and any amounts transferred under the joint agreement are authorized for
receipt and expenditure by the receiving principal executive department or
state agency. Any amounts received by the MDTMB under this section and
intended, under the joint labor/management agreements, to be available for use
beyond the close of the fiscal year and any unencumbered funds may be carried
over into the succeeding fiscal year.
Sec. 807. Financing in part 1 for
SIGMA shall be funded by proportionate charges assessed against the respective
state funds benefiting from this project in the amounts determined by the
department.
Sec. 808. (1) Deposits against the
interdepartmental grant from building occupancy and parking charges
appropriated in part 1 shall be collected, in part, from state agencies, the
legislative branch, and the judicial branch based on estimated costs associated
with maintenance and operation of buildings managed by the department. To the
extent excess revenues are collected due to estimates of building occupancy
charges exceeding actual costs, the excess revenues may be carried forward into
succeeding fiscal years for the purpose of returning funds to state agencies.
(2) Appropriations in part 1 to
the MDTMB, for management and budget services from building occupancy charges
and parking charges, may be increased to return excess revenue collected to
state agencies.
Sec. 809. On a quarterly basis,
the MDTMB shall notify the chairpersons of the senate and house of representatives standing committees on
appropriations, the chairpersons of the senate and house of representatives
standing committees on appropriations subcommittees on general government, the
house and senate fiscal agencies, and the state budget director on any
revisions either individually or in the aggregate that increase or decrease
current contracts by more than $500,000.00 for computer software development,
hardware acquisition, or quality assurance.
Sec. 810. From the funds
appropriated in part 1, MDTMB shall maintain an internet website that contains
notice of all solicitations, invitations for bids, and requests for proposals
over $50,000.00 issued by MDTMB or by any state agency operating under delegated
authority, except for solicitations up to $500,000.00 in accordance with department policy regarding
providing opportunities to Michigan small businesses, geographically
disadvantaged business enterprises, Michigan veteran-owned business, Michigan service
disabled veteran-owned businesses, or Michigan recognized community
rehabilitation organizations, or in situations where it would be in the best
interest of this state and documented by MDTMB. This information must appear on
the first page of each department or state agency dashboard. MDTMB shall not
set the due date for acceptance of an invitation for bid or request for
proposal to less than 14 days after the notice is made available on the
internet website, except in situations where it would be in the best interest
of this state and documented by the department. In addition to the requirements
of this section, MDTMB may advertise the solicitations, invitations for bids,
and requests for proposals in any manner MDTMB determines appropriate, in order
to give the greatest number of individuals and businesses the opportunity to
respond, or make bids or requests for proposals.
Sec. 811. The MDTMB may receive
and expend funds from the Vietnam veterans memorial monument fund as provided
in the Michigan Vietnam veterans memorial act, 1988 PA 234,
Sec. 812. The Michigan veterans
memorial park commission may receive and expend money from any source, public
or private, including, but not limited to, gifts, grants, donations of money,
and government appropriations, for the purposes described in Executive Order
No. 2001-10. Funds are appropriated and allocated when received and may be
expended upon receipt. Any deposits made under this section and
unencumbered funds are restricted revenues and may be carried over into
succeeding fiscal years.
Sec. 813. (1) Funds in part 1 for
motor vehicle fleet are appropriated to the MDTMB for administration and for the
acquisition, lease, operation, maintenance, repair, replacement, and disposal
of state motor vehicles.
(2) The appropriation in part 1
for motor vehicle fleet shall be funded by revenue from rates charged to
principal executive departments and agencies for utilizing vehicle travel
services provided by the MDTMB. Revenue in excess of the amount appropriated in
part 1 from the motor transport fund and any unencumbered funds are restricted
revenues and may be carried over into the succeeding fiscal year.
(3) Pursuant to the MDTMB s
authority under sections 213 and 215 of the management and budget act, 1984 PA 431,
(4) The MDTMB may charge state
agencies for fuel cost increases that exceed $3.04 per gallon of unleaded
gasoline. The MDTMB shall notify state agencies, in writing or by electronic
mail, at least 30 days before implementing
additional charges for fuel cost increases. Revenues received from these
charges are appropriated upon receipt.
(5) The state budget director,
upon notification to the senate and house of representatives standing
committees on appropriations, may adjust spending authorization and the IDG
from motor transport fund in the MDTMB in order to ensure that the
appropriations for motor vehicle fleet in the MDTMB budget equal the
expenditures for motor vehicle fleet in the budgets for all executive branch agencies.
Sec. 814. The MDTMB shall develop
a plan regarding the use of the funds appropriated in part 1 for the
information technology investment fund. The plan shall include, but not be
limited to, a description of proposed information technology investment
projects, the time frame for completion of the information technology
investment projects, the proposed cost of the information technology investment
projects, the number of employees assigned to implement each information
technology investment project, the contracts entered into for each information
technology investment project, and any other information the MDTMB deems
necessary. The plan shall be distributed to the senate and house of
representatives standing committees on appropriations subcommittees on general
government, as well as the senate and house fiscal agencies, and the state
budget director on a quarterly basis. The submitted plan shall also include
anticipated spending reductions or overages for each of the proposed
information technology investment projects. The MDTMB shall notify the senate
and house of representatives standing committees on appropriations
subcommittees on general government, the senate and house fiscal agencies, and
the state budget director when a project funded under an information technology
investment project line item in part 1 is expected to require a transfer of
dollars from another project in excess of $500,000.00.
Sec. 814a. The funds appropriated
in part 1 for information technology investment fund shall be used for the
modernization of state information technology systems, improvement of the state s
cyber security framework, and to achieve efficiencies.
Sec. 816. An RFP issued for the
purpose of privatization shall include all factors used in evaluating and
determining price.
Sec. 817. From the funds
appropriated in part 1 for enterprisewide special maintenance for state
facilities, there is $750,000.00 for MDTMB to work with the department of
corrections on awarding a contract to the most responsive and responsible best
value bidder for demolition of the former Deerfield Correctional Facility.
Sec. 818. In addition to the funds
appropriated in part 1, the MDTMB may receive and expend money from the
Michigan law enforcement officers memorial monument fund as provided in the
Michigan law enforcement officers memorial act, 2004 PA 177,
Sec. 820. The MDTMB shall make
available to the public a list of all parcels of real property owned by the
state that are available for purchase. The list shall be posted on the internet
through the MDTMB s website.
Sec. 821. (1) From the funds
appropriated in part 1, on October 1, 2019, and again by September 30, 2020,
the office of retirement services within MDTMB must produce a report on the
judges retirement system, the military
retirement system, the Michigan public school employees retirement system, the
state employees retirement system, and the state police retirement
system. The report shall be distributed to the senate and house of
representatives standing committees on appropriations, the senate and house
fiscal agencies, and the state budget office.
(2) The report must include, but
is not limited to, the following information for each of the aforementioned
retirement systems:
(a) A chart and table detailing
annual required contribution flow per year for fiscal year 2020-2021 and the
subsequent 24 fiscal years.
(b) Separate annual required
contribution payment charts and tables for pension and other postemployment
benefits.
(c) Separate annual required
contribution payment charts and tables for the current annualized rate of
return, an annualized rate of return 50 basis points less than the current
annualized rate of return, and an annualized rate of return 100 basis points
less than the current annualized rate of return.
(d) Separate annual required
contribution payment charts and tables by normal cost and unfunded actuarial accrued
liability.
(e) A justification if the payroll
growth assumption is maintained at or above 0% for any pension or OPEB plan.
The report must include an analysis as of active employee plan member
forecasts.
(3) The report must include the
following items specific to the Michigan public school employees retirement
system:
(a) A copy of the retirement plan
election guide that is provided to new Michigan public school employees
retirement system hires as of the due date of the report.
(b) The number of new Michigan
public school employees retirement system employees who entered the defined
contribution plan and pension plus II plan during no later than 14 days after
the end of the current fiscal year.
(c) An explanation of how the
retirement plan election guide explains that pension plus II members must pay
50% of any future unfunded actuarial accrued liability payments.
(d) An explanation of how the
retirement plan election guide explains that defined contribution plan members
have annuity options that allow for guaranteed retirement income available
through a private insurance company.
(e) If any calculations are
provided to plan members for expected retirement income, then the following
items must be included:
(i) An explanation of how the retirement plan election guide
demonstrates a range of potential outcomes.
(ii) The underlying assumptions the retirement plan election guide
uses to calculate expected future retirement income.
(iii) How underlying assumptions are disclosed in the guide.
(4) The report must include the
amount of money that each school district received, on a per pupil basis, in
foundation allowances that was spent on Michigan public school employees
retirement system costs in the previous fiscal year.
(5) At the end of the fiscal year,
the office of retirement services has 90 days to post the most recent year s
comprehensive annual financial report for each plan described in subsection (1).
Sec. 822. The MDTMB shall compile
a report by January 1 pertaining to the salaries of unclassified employees, as
well as gubernatorial appointees, within all state departments and agencies.
The report shall enumerate each unclassified employee and gubernatorial
appointee and his or her annual salary individually. The report shall be distributed
to the chairs of the senate and house of representatives standing committees on
appropriations subcommittees on general government, as well as the senate and
house fiscal agencies and be made available electronically.
Sec. 822b. (1) A public-private
partnership investment fund is created in the MDTMB. Subject to subsections (2)
and (3), public-private partnership investments shall include, but are not
limited to, all of the following:
(a) Capital asset improvements
including buildings, land, or structures.
(b) Energy resource exploration,
extraction, generation, and sales.
(c) Financial and investment
incentive opportunities.
(d) Infrastructure construction,
maintenance, and operation.
(e) Public-private sector joint
ventures that provide economic benefit to an area or to the state.
(2) Public-private investments
shall not include projects, consultant expenses, staff effort, or any other
activity related to the development, financing, construction, operation, or
implementation of the Gordie Howe International Crossing or any successor
project unless the project is approved by the legislature and signed into law.
(3) The state budget director
shall determine whether or not a specific public-private partnership investment
opportunity qualifies for funding under subsection (1).
(4) Investment development
revenue, including a portion of the proceeds from the sale of any
public-private partnership investment designated in subsection (1), shall
be deposited into the fund created in subsection (1) and shall be
available for administration, development, financing, marketing, and operating
expenditures associated with public-private partnerships, unless otherwise
provided by law. Public-private partnership investments authorized in subsection (1)
are authorized for public or private operation or sale consistent with state
law. Expenditures from the fund are authorized for investment purposes as
designated in subsection (1) to enhance the marketable value of each
investment. The unencumbered balance remaining in the fund at the end of the
fiscal year may be carried forward for appropriation in future years.
(5) An annual report shall be
transmitted to the senate and house of representatives standing committees on
appropriations, the chairpersons of the relevant appropriations subcommittees,
the senate and house fiscal agencies, and the state budget office not later
than December 31 of each year. This report shall detail both of the following:
(a) The revenue and expenditure
activity in the fund for the preceding fiscal year.
(b) Public-private partnership
investments as identified under subsection (1).
(6) The MDTMB shall monitor the
revenue deposited in the public-private partnership investment fund created in
subsection (1). If the revenue in the fund is insufficient to pay the
amount appropriated in part 1 for public-private partnership investment,
then the MDTMB shall propose a legislative transfer to fund the line from the
appropriations in part 1.
Sec. 822c. The funds appropriated
in part 1 shall not be used to support any staff effort, projects, consultant expenses, or any other activity related to the
development, financing, construction, operation, or implementation of
the Gordie Howe International Crossing or any successor project unless the
project is approved by the legislature and signed into law.
Sec. 822d. By December 31, the
MDTMB shall provide a report to the senate and house appropriations
subcommittees on general government and the senate and house fiscal agencies
that identifies fee and rate schedules to be used by state departments and
agencies for services, including information technology, provided by the MDTMB
during fiscal year 2019-2020. The report shall also identify changes from fees
and rates charged in fiscal year 2018-2019 and include an explanation of the
factors that justify each fee and rate increase.
Sec. 822e. Total authorized
appropriations from all sources under part 1 for legacy costs for the fiscal
year ending September 30, 2020 are estimated at $83,662,000.00. From this
amount, total agency appropriations for pension-related legacy costs are
estimated at $40,670,000.00. Total agency appropriations for retiree health
care legacy costs are estimated at $42,992,000.00.
Sec. 822f. (1) The funds
appropriated in part 1 for the regional prosperity initiative are to be used as
competitive grants to eligible regional planning organizations qualifying for
funding as a regional prosperity collaborative, a regional prosperity council,
or a regional prosperity board. A regional planning organization may not
qualify for funding under more than 1 category in the same state fiscal year.
As used in this section:
(a) Eligible regional planning
organization means any of the following:
(i) An existing regional planning commission created pursuant to
1945 PA 281, MCL 125.11 to 125.25.
(ii) An existing regional economic development commission created
pursuant to 1966 PA 46, MCL 125.1231 to 125.1237.
(iii) An existing metropolitan area council formed pursuant to the
metropolitan councils act, 1989 PA 292, MCL 124.651 to 124.729.
(iv) A Michigan metropolitan planning organization established
pursuant to the moving ahead for progress in the 21st century act, Public Law
112-141.
(b) Freedom of Information Act
means the freedom of information act, 5 USC 552.
(c) Open meetings act means the
open meetings act, 1976 PA 267, MCL 15.261 to 15.275.
(d)
Regional prosperity board means a regional body that has a singular governing
board with representation from private, public, and nonprofit entities
engaged in joint decision-making practices for the purpose of creating or
maintaining a phase three: regional prosperity plan.
(e) Regional
prosperity collaborative means any committee developed by a regional planning
organization or a metropolitan planning organization that serves to bring
organizational representation together from private, public, and nonprofit
entities within a region for the purpose of creating or maintaining a phase
one: regional prosperity plan.
(f) Regional prosperity council
means a regional body with representation from private, public, and nonprofit
entities with shared administrative services and an executive governing entity,
as demonstrated by a formal local agreement or agreements for the purpose of
creating or maintaining a phase two: regional prosperity plan.
(2) Regional planning
organizations may qualify to receive not more than $245,000.00 of
incentive-based funding as a regional prosperity collaborative subject to
meeting all of the following requirements:
(a) The regional prosperity
collaborative has created a phase one: regional prosperity plan, as follows:
(i) The regional prosperity collaborative must include regional
representatives from adult education, workforce development, community
development, economic development, transportation, and higher education
organizations.
(ii) The plan is required, at a minimum, to include a 5-year plan
focused on economic growth and vitality for the region, as well as a
performance dashboard and measurable annual goals to support the 5-year plan.
(iii) The 5-year plan shall address regional strategies related to
adult education, workforce development, economic development, transportation,
higher education, and business development.
(iv) The regional prosperity collaborative shall adopt the plan by a
minimum 2/3 majority vote of its members.
(b) The regional prosperity
collaborative adheres to accountability and transparency measures required in
the open meetings act and the freedom of information act.
(c) The regional prosperity
collaborative convenes monthly meetings, open to the public, to consider and
discuss issues leading to a common vision of economic prosperity for the region,
including, but not limited to, community development, economic development,
talent, and infrastructure opportunities.
(d) The regional prosperity
collaborative makes available on the grant recipient s publicly accessible
internet site pertinent documents, including, but not limited to, monthly
meeting agendas, minutes of monthly meetings, voting records, and the regional
prosperity plan and performance dashboard.
(e) The regional prosperity
collaborative keeps a status report detailing the spending associated with
previous regional prosperity initiative grants. Organizations that have
successfully received grant awards in previous fiscal years shall be required
to make available to the MDTMB and on a publicly accessible internet site information
regarding the use of those grant dollars.
(3) Regional planning
organizations eligible to receive a payment as a regional prosperity
collaborative under subsection (2) may qualify to receive a one-time grant
of not more than $70,000.00 to produce a plan to transform the regional
prosperity collaborative into a regional prosperity council or regional
prosperity board, including necessary local formal agreements, to make
recommendations that eliminate duplicative efforts and administrative functions,
and to leverage resources through cooperation, collaboration, and
consolidations of organizations or programs throughout the region. Plans
produced to transform the regional prosperity collaborative into a regional
prosperity council or regional prosperity board shall be made available on the
grant recipient s publicly accessible internet site. The regional prosperity
collaborative may apply instead to use up to $70,000.00 of the one-time grant
for integrated asset management under guidance from the Michigan infrastructure
council in the Michigan department of treasury. The regional prosperity collaborative may not apply for funds under both
the transformation grant and the integrated asset management grant.
(4) Regional planning
organizations may qualify to receive not more than $340,000.00 of
incentive-based funding as a regional prosperity council subject to meeting all
of the following requirements:
(a) A regional prosperity council
has been formed and includes regional representatives from adult education,
workforce development, community development, economic development,
transportation, and higher education organizations.
(b) An eligible regional
prosperity council will demonstrate shared administrative services between 2 public
regional entities included in subdivision (a). In addition, the council must
have and maintain an executive governing entity, as demonstrated by a formal
local agreement or agreements.
(c) The regional prosperity
council has created a phase two: regional prosperity plan, as follows:
(i) The regional prosperity council shall identify opportunities for
shared administrative services and decision-making among the private, public,
and nonprofit entities within the region and shall continue collaboration with
regional prosperity council members, including, but not limited to,
representatives from adult education providers, workforce development agencies,
community development agencies, economic development agencies, transportation
service providers, and higher education institutions.
(ii) The plan is required to include, but is not limited to, all of
the following:
(A) A status report of the
approved 5-year plan.
(B) The addition of a 10-year plan
for the region which builds upon prior work and is focused on economic growth
and vitality in the region.
(C) A prioritized list of regional
projects.
(D) A performance dashboard with
measurable annual goals.
(iii) The regional prosperity council shall adopt the plan by a
minimum 2/3 vote of its members.
(d) The regional prosperity
council adheres to accountability and transparency measures required in the
open meetings act and the freedom of information act.
(e) The regional prosperity
council convenes monthly meetings, open to the public, to consider and discuss
issues leading to a common vision of economic prosperity for the region,
including, but not limited to, community development, economic development,
talent, and infrastructure opportunities.
(f) The regional prosperity
council makes available on the grant recipient s publicly accessible internet
site pertinent documents, including, but not limited to, monthly meeting
agendas, minutes of monthly meetings, voting records, and the regional
prosperity plan and performance dashboard.
(g) The regional prosperity council
keeps a status report detailing the spending associated with previous regional
prosperity initiative grants. Organizations that have successfully received
grant awards in previous fiscal years shall be required to make available to
the MDTMB and on a publicly accessible internet site information regarding the
use of those grant dollars.
(5) Regional planning
organizations eligible to receive a payment as a regional prosperity council
under subsection (4) may qualify to receive a one-time grant of not more
than $70,000.00 to produce a plan to transform the regional prosperity council
into a regional prosperity board, including a singular private/public
governance structure that comports with federal guidelines for governance under
the workforce investment act, Public Law 105-220, the moving ahead for progress
in the 21st century act, Public Law 112-141, the economic development
administration and Appalachian regional development reform act of 1998, Public
Law 105-393, and recommendations to eliminate duplicative efforts,
administrative functions, and leverage resources through cooperation,
collaboration, and consolidations of organizations or programs throughout the
region. The regional prosperity council may apply instead to use up to
$70,000.00 of the one-time grant for integrated asset management under guidance
from the Michigan infrastructure council in the Michigan department of
treasury. The regional prosperity council may not apply for funds under both
the transformation grant and the integrated asset management grant.
(6) Regional planning
organizations may qualify to receive not more than $445,000.00 of
incentive-based funding as a regional prosperity board subject to meeting all
of the following requirements:
(a) The regional prosperity board
has been formed and, at a minimum, must demonstrate the consolidation of a
regional metropolitan planning organization, where one exists, state designated
regional planning agency boards, workforce development boards, and federally
designated regional economic development districts within a region.
(b) The regional prosperity board
has created a phase three: regional prosperity plan, as follows:
(i) The regional prosperity board shall create a regional services
recommendations report prioritizing the list of state-funded services and
programs provided to the region, and recommendations for state-regional
partnerships to support the adopted regional prosperity plan.
(ii) The plan is required to include a status report of the approved
10-year plan for the creation of an updated regional prosperity plan.
(iii) The regional prosperity board shall adopt the plan by a
minimum 2/3 vote of its members.
(c) The regional prosperity board
adheres to accountability and transparency measures required in the open
meetings act and the freedom of information act.
(d) The regional prosperity board
convenes monthly meetings, open to the public, to consider and discuss issues
leading to a common vision of economic prosperity for the region, including,
but not limited to, community development, economic development, talent, and
infrastructure opportunities.
(e) The regional prosperity board
makes available on the grant recipient s publicly accessible internet site
pertinent documents, including, but not limited to, monthly meeting agendas,
minutes of monthly meetings, voting records, and the regional prosperity plan
and performance dashboard. The regional prosperity board may apply instead to
use up to $70,000.00 of the one-time grant for integrated asset management under
guidance from the Michigan infrastructure council in the Michigan department of
treasury. The regional prosperity board may not apply for funds under both the
transformation grant and the integrated asset management grant.
(7) Regional planning organizations
eligible to receive a payment as a regional prosperity board under subsection (6)
may qualify to receive not more than $125,000.00, to implement the prioritized
regional prosperity plan projects.
(8) Regional planning
organizations eligible to receive a payment as a regional prosperity
collaborative, board, or council may partner with other eligible regional
planning organizations to submit joint applications. In the instance of a joint application, 1 regional planning organization
shall be utilized as the overall applicant. The MDTMB may award a joint
application award of no greater than the sum of potential application dollars
which would have otherwise been available through individual applications.
(9) The MDTMB shall develop an
application process and method of grant distribution for the regional
prosperity initiative. Funding applications from regional planning
organizations shall be due to the MDTMB by November 26, 2019. The MDTMB shall
notify regional planning organizations of grant application status by December
31, 2019. The MDTMB shall ensure that processes are established to verify that
qualifying regional planning organizations meet the requirements under
subsections (2), (3), (4), (5), (6), and (7), as applicable.
(10) Unexpended funds
appropriated in part 1 for the regional prosperity initiative are designated as
work project appropriations, and any unencumbered or unallotted funds shall not
lapse at the end of the fiscal year and shall be available for expenditure for
regional prosperity initiative projects under this section until the
projects have been completed. The following is in compliance with section 451a
of the management and budget act, 1984 PA 431, MCL 18.1451a:
(a) The purpose of the projects
is to provide incentive-based grants to recipients under this section.
(b) The projects will be
accomplished by grants to qualified regional planning organizations.
(c) The total estimated cost of
all projects is $3,970,000.00.
(d) The estimated completion
date is September 30, 2024.
(11) The department may dedicate
0.3 FTEs with $30,000.00 to manage the evaluation of the regional prosperity initiative, departmental implementation
of the regional prosperity initiative, and grant management.
Sec. 822g. The MDTMB shall report quarterly to the senate and house of
representatives standing committees on appropriations, the senate and
house appropriations subcommittees on general government, and the senate and
house fiscal agencies on legal service fund expenditures. The report shall itemize
expenditures by case, purpose, and department involved and shall include
expenditures related to all previously appropriated funds.
Sec. 822m. (1) From the funds
appropriated in part 1, the MDTMB shall establish a system that collaborates
with other departments to keep track of the performance of vendors in
fulfilling contract obligations. The performance of these vendors shall be
recorded and used as a factor to determine future contracts awarded in the
procurement process.
(2) By March 15 the MDTMB shall
provide a complete listing of all state departments and agencies that have not
complied with the requirements of this section by March 1. The report
listing noncompliant state departments and agencies shall be submitted no later
than March 15 to the chairpersons of the subcommittees on general government,
the senate and house fiscal agencies, and the state budget director.
Sec. 822n. From the funds
appropriated in part 1, beginning on October 1, the MDTMB shall ensure that all new requests for proposals that are publicly
displayed on the webpage include the proposal s corresponding department
and agency for the purpose of searching for requests for proposals by
department and agency.
Sec. 822o. By November 1, 2019,
the MDTMB shall work cooperatively with the department of health and human
services to identify a location for the new Northern Satellite Psychiatric
Facility capital outlay project approved for planning authorization in article
II of 2017 PA 107. If a location has not been identified by November 1,
2019, the department of technology, management, and budget shall provide a
status report on potential locations, a reasoning why a location has not been
identified, and the progress toward completing the new Northern Satellite
Psychiatric Facility capital outlay project approved for planning authorization
in article II of 2017 PA 107. The report shall be provided to the state
budget office, the house and senate standing committees on appropriations, the
joint capital outlay subcommittee, and the house and senate fiscal agencies.
INFORMATION TECHNOLOGY
Sec. 823. (1) The MDTMB may sell
and accept paid advertising for placement on any state website under its
jurisdiction. The MDTMB shall review and approve the content of each
advertisement. The MDTMB may refuse to accept advertising from any person or
organization or require modification to advertisements based upon criteria
determined by the MDTMB. Revenue received under this subsection shall be
used for operating costs of the MDTMB and for future technology enhancements to
state of Michigan e-government initiatives. Funds received under this subsection shall
be limited to $250,000.00. Any funds in excess of $250,000.00 shall be
deposited in the state general fund.
(2) The MDTMB may accept gifts,
donations, contributions, bequests, and grants of money from any public or
private source to assist with the underwriting or sponsorship of state webpages
or services offered on those webpages. A private or public funding source may
receive recognition in the webpage. The MDTMB may reject any gift, donation,
contribution, bequest, or grant.
(3) Funds accepted by the MDTMB
under subsection (1) or (2) are appropriated and allotted when received
and may be expended upon approval of the state budget director. The state
budget office shall notify the senate and house of representatives standing
committees on appropriations subcommittees on general government and the senate
and house fiscal agencies within 10 days after the approval is given. The MDTMB
shall provide a report to the senate and house of representatives
appropriations subcommittees on general government and senate and house fiscal
agencies that details the funds accepted for the prior fiscal year by November
1.
Sec. 824. The MDTMB may enter into
agreements to supply spatial information and technical services to other
principal executive departments, state agencies, local units of government, and
other organizations. The MDTMB may receive
and expend funds in addition to those authorized in part 1 for providing
information and technical services, publications, maps, and other
products. The MDTMB may expend amounts received for salaries, supplies, and
equipment necessary to provide informational products and technical services. Prior to December 1 of each year, the MDTMB shall
provide a report to the senate and house of representatives standing
committees on appropriations subcommittees on general government and the state
budget office detailing the sources of funding and expenditures made under this
section.
Sec. 825. The legislature shall
have access to all historical and current data contained within SIGMA, or its
predecessor, pertaining to state departments. State departments shall have
access to all historical and current data contained within SIGMA or its
predecessor.
Sec. 826. When used in this part
and part 1, information technology services means services involving all
aspects of managing and processing information, including, but not limited to,
all of the following:
(a) Application and mobile
development and maintenance.
(b) Desktop computer support and
management.
(c) Cyber security.
(d) Social media.
(e) Mainframe computer support
and management.
(f) Server support and
management.
(g) Local area network support
and management, including, but not limited to, wired and wireless network
build-out, support, and management.
(h) Information technology
project management.
(i) Information technology
planning and budget management.
(j) Telecommunication services,
infrastructure, and support.
Sec. 827. (1) Funds appropriated
in part 1 for the Michigan public safety communications system shall be
expended upon approval of an expenditure plan by the state budget director.
(2) The MDTMB shall assess all
subscribers of the Michigan public safety communications system reasonable access and maintenance fees and shall
deposit the fees in the Michigan public safety communications systems
fees fund.
(3) All money received by the
MDTMB under this section shall be expended for the support and maintenance
of the Michigan public safety communications system.
(4) The department must provide
a report to the senate and house of representatives standing committees on
appropriations, the senate and house fiscal agencies, and the state budget
office by April 15, indicating the amount of revenue collected under this section and
expended for support and maintenance of the Michigan public safety
communication system for the immediately preceding 6-month period. Any deposits
made under this section and unencumbered funds are restricted revenues and
shall be carried forward into succeeding fiscal years.
Sec. 828.
The MDTMB shall submit a report for each fiscal quarter to the senate and house
of representatives standing committees on appropriations subcommittees on general
government and the senate and house fiscal agencies not later than 10 business
days after each fiscal quarter. The report shall include the following:
(a) The total amount of funding
appropriated for information technology services and projects, by funding
source, for all principal executive departments and agencies for each fiscal
quarter.
(b) A listing of the
expenditures made from the amounts received by the department as reported in
subdivision (a).
Sec. 829. The MDTMB shall
provide a report that analyzes and makes recommendations on the life-cycle of
information technology hardware and software. The report shall be submitted to
the senate and house of representatives standing committees on appropriations
subcommittees on general government and the senate and house fiscal agencies by
March 1.
Sec. 830. (1) The department of
technology, management, and budget, enterprise portfolio management office
(EPMO), must provide a report on a quarterly basis providing key information on
all executive branch department and enterprisewide information technology
projects. The report must be submitted to the senate and house appropriations
subcommittees on general government, the senate and house fiscal agencies, and
the state budget director as well as being posted online.
(2) The
report must contain the following information, as applicable, for each active
information technology project and each completed information technology project closed within
the 2-year period immediately preceding the quarterly due date of the report:
(a) The client department,
agency, or organization for which the project is being undertaken.
(b) The active or completed
status.
(c) For active projects, the
number of days the current approved completion date differs from the initial
planned completion date.
(d) For active projects, the
dollar amount the current approved budget differs from the initial planned
budget.
(e) For completed projects, the
number of days the actual completion date differed from the initial planned
completion date.
(f) For completed projects, the
dollar amount the actual cost differed from the initial planned budget.
(g) The project name.
(h) The purpose of the project
described in terms of the needs of end users of the project and an explanation
of the project s origination, including whether the project originated from
state mandate, federal mandate, court order, or department initiative.
(i) Whether the project is managed
by EPMO.
(j) The initial planned budget.
(k) The revised budget if there is
any increase or decrease to the project s initial budget.
(l) The actual cost to date.
(m) The planned start date.
(n) The actual start date.
(o) The initial planned completion
date.
(p) The revised planned completion
date if there is a change from the initial planned completion date.
(q) The actual completion date.
(r) A brief description of the
benefit or justification of changes by project change request that impact a
project s schedule or budget and whether the change request is the result of
state mandate, federal mandate, court order, or department initiative.
(s) Whether quality assurance
services are assigned to the project.
(t) The project success score
after project closure.
(u) The customer satisfaction
rating after project closure.
(v) The percentage of days a
project is over its initial scheduled completion date.
(3) The report must include the
total number of completed projects for which costs exceeded the initial budget,
the total number of completed projects for which the completion date occurred
after the initial planned completion date, the total number of completed
projects that exceeded both the initial planned budget and schedule, and the
corresponding percentages of each of these numbers of all completed projects.
Sec. 831. The department of
technology, management, and budget shall submit monthly invoices for
information technology services provided by the department of technology,
management, and budget either directly or through contracted vendors during
that month to departments or agencies by no later than 45 days after the final
day of the month the services were provided.
Sec. 832. (1) The MDTMB shall
inform the senate and house appropriations subcommittees on general government
and the senate and house fiscal agencies within 30 days of any potential or
actual penalties assessed by the federal government for failure of the Michigan
child support enforcement system to achieve certification by the federal
government.
(2) If potential penalties are
assessed by the federal government, the MDTMB shall submit a report to the
senate and house appropriations subcommittees on general government and the
senate and house fiscal agencies within 90 days specifying the MDTMB s plans to
avoid actual penalties and ensure federal certification of the Michigan child
support enforcement system.
Sec. 833. (1) The state budget
director, upon notification to the senate and house of representatives standing
committees on appropriations, may adjust spending authorization and user fees
in the MDTMB in order to ensure that the appropriations for information
technology in the MDTMB equal the appropriations for information technology in
the budgets for all executive branch agencies.
(2) If during the course of the
fiscal year a transfer or supplemental to or from the information technology
line item within an agency budget is made under section 393 of the
management and budget act, 1984 PA 431,
Sec. 834. (1) Revenue collected
from licenses issued under the antenna site management project shall be
deposited into the antenna site management revolving fund created for this
purpose in the MDTMB. The MDTMB may receive
and expend money from the fund for costs associated with the antenna site
management project, including the cost of a third-party site manager.
Any excess revenue remaining in the fund at the close of the fiscal year shall
be proportionately transferred to the appropriate state restricted funds as
designated in statute or by constitution.
(2) An antenna shall not be placed
on any site pursuant to this section without complying with the respective
local zoning codes and local unit of government processes.
Sec. 835. (1) In addition to the
funds appropriated in part 1, the funds collected by the MDTMB for supplying
census-related information and technical services, publications, statistical
studies, population projections and estimates, and other demographic products
are appropriated for all expenses necessary to provide the required services.
These funds are available for expenditure when they are received and may be
carried forward into the next succeeding fiscal year.
(2) The MDTMB must submit a report
to the house and senate appropriations subcommittees on general government, the
senate and house fiscal agencies, and the state budget office by March 1 that
provides the amount of revenue collected by the MDTMB from the authorization in
subsection (1) and the amount of revenue carried forward.
Sec. 836. From the funds
appropriated in part 1 for the information technology investment fund, the
MDTMB shall provide for the modernization of state information technology
systems, and integrate state system interfaces to improve customer service.
Sec. 837. All information
technology projects funded by appropriations in part 1 for which spending in
excess of $250,000.00 is anticipated to be, or has been, expended, must utilize
information technology project management best practices as defined or
recommended by the enterprise portfolio management office and comply with the
requirements of the state unified information technology environment
methodology as it applies to all project management processes.
Sec. 838. Not later than October
1, 2020, MDTMB shall develop policies and procedures that require all new
procurement contracts entered into by MDTMB or a state agency, including
departments that have delegated procurement authority under this act, to
include clawback repayment provisions in all procurement contracts in the event
of a breach of the procurement contract by the vendor and that require the
department or a state agency, including departments that have delegated
procurement authority under this act, to enforce those clawback repayment
provisions whenever possible.
Sec. 840. From the funds
appropriated in part 1 for enterprise identity management, the MDTMB shall
utilize specific outcomes and performance measures including, but not limited
to, the following:
(a) Implement enhanced IT project
management service delivery through statewide application of best practice
models and services.
(b) Collaborate with state
agencies to bring all project management and project control office contracts
under the enterprise portfolio management office.
(c) Initiate steps to improve the
state unified information technology environment compliance rating.
STATE BUILDING AUTHORITY RENT
Sec. 842. (1) The state building
authority rent appropriations in part 1 may also be expended for the payment of
required premiums for insurance on facilities owned by the state building
authority or payment of costs that may be incurred as the result of any
deductible provisions in such insurance policies.
(2) If the amount appropriated in
part 1 for state building authority rent is not sufficient to pay the rent
obligations and insurance premiums and deductibles identified in subsection (1)
for state building authority projects, there is appropriated from the general
fund of the state the amount necessary to pay such obligations.
CIVIL SERVICE COMMISSION
Sec. 850. (1) In accordance with section 5
of article XI of the state constitution of 1963, all restricted funds shall be
assessed a sum not less than 1% of the total aggregate payroll paid from those
funds for financing the civil service commission on the basis of actual 1%
restricted sources total aggregate payroll of the classified service for the
preceding fiscal year. This includes, but is not limited to, restricted funds
appropriated in part 1 of any appropriations act. Unexpended 1% appropriated
funds shall be returned to each 1% fund source at the end of the fiscal year.
(2) The appropriations in part 1
are estimates of actual charges based on payroll appropriations. With the
approval of the state budget director, the commission is authorized to adjust
financing sources for civil service charges based on actual payroll
expenditures, provided that such adjustments do not increase the total appropriation
for the civil service commission.
(3) The financing from restricted
sources shall be credited to the civil service commission by the end of the
second fiscal quarter.
Sec. 851. Except where
specifically appropriated for this purpose, financing from restricted sources
shall be credited to the civil service commission. For restricted sources of
funding within the general fund that have the legislative authority for
carryover, if current spending authorization or revenues are insufficient to
accept the charge, the shortage shall be taken from carryforward balances of
that funding source. Restricted revenue sources that do not have carryforward
authority shall be utilized to satisfy commission operating deducts first and
civil service obligations second. General fund dollars are appropriated for any
shortfall, pursuant to approval by the state budget director.
Sec. 852. The appropriation in
part 1 to the civil service commission, for state-sponsored group insurance, flexible spending accounts, and COBRA, represents
amounts, in part, included within the various appropriations throughout
state government for the current fiscal year to fund the flexible spending
account program included within the civil service commission. Deposits against
state-sponsored group insurance, flexible spending accounts, and COBRA for the
flexible spending account program shall be made from assessments levied during
the current fiscal year in a manner prescribed by the civil service commission.
Unspent employee contributions to the flexible spending accounts may be used to
offset administrative costs for the flexible spending account program, with any
remaining balance of unspent employee contributions to be lapsed to the general
fund.
CAPITAL OUTLAY
Sec. 860. As used in sections
861 through 875 of this part:
(a) Board means the state
administrative board.
(b) Community college means a
community college organized under the community college act of 1966, 1966 PA 331,
MCL 389.1 to 389.195, or under part 25 of the revised school code, 1976 PA 451,
MCL 380.1601 to 380.1607, and does not include a state agency or university.
(c) Department means the
department of technology, management, and budget.
(d) Director means the
director of the department of technology, management, and budget.
(e) State agency means an
agency of state government. State agency does not include a community college
or university.
(f) State building authority
means the authority created under 1964 PA 183,
(g) University means a 4-year
university supported by the state. University does not include a community
college or a state agency.
Sec. 861. Each capital outlay
project authorized in this part and part 1 or any previous capital outlay act
shall comply with the procedures required by the management and budget act,
1984 PA 431,
Sec. 862. (1) The department
shall provide the JCOS, state budget director, and the senate and house fiscal
agencies with reports relative to the status of each planning or construction
project financed by the state building authority, by this part and part 1, or
by previous acts.
(2) Before the end of each
fiscal year, the department shall report to the JCOS, state budget director,
and the senate and house fiscal agencies for each capital outlay project other
than lump sums all of the following:
(a) The account number and name
of each construction project.
(b) The balance remaining in
each account.
(c) The date of the last
expenditure from the account.
(d) The anticipated date of
occupancy if the project is under construction.
(e) The appropriations history
for the project.
(f) The professional service
contractor.
(g) The amount of the project
financed with federal funds.
(h) The amount of the project
financed through the state building authority.
(i) The total authorized cost
for the project and the state authorized share if different than the total.
(3) Before the end of each
fiscal year, the department shall report the following for each project by a
state agency, university, or community college that is authorized for planning
but is not yet authorized for construction:
(a) The name of the project and
account number.
(b) Whether a program statement
is approved.
(c) Whether schematics are
approved by the department.
(d) Whether preliminary plans
are approved by the department.
(e) The name of the professional
service contractor.
(4) As used in this section, project
includes appropriation line items made for purchase of real estate.
Sec. 864. The appropriations in
part 1 for capital outlay shall be carried forward at the end of the fiscal
year consistent with the provisions of section 248 of the management and
budget act, 1984 PA 431,
Sec. 865. (1) A site preparation
economic development fund is created in the department. As used in this
section, economic development sites means those state-owned sites declared as
surplus property pursuant to section 251 of the management and budget act,
1984 PA 431,
(2) Proceeds from the sale of
any sites designated in subsection (1) shall be deposited into the fund
created in subsection (1) and shall be available for site preparation
expenditures, unless otherwise provided by law. The economic development sites
authorized in subsection (1) are authorized for sale consistent with state
law. Expenditures from the fund are authorized for site preparation activities
that enhance the marketable sale value of the sites. Site preparation
activities include, but are not limited to, demolition, environmental studies
and abatement, utility enhancement, and site excavation.
(3) A cash advance in an amount
of not more than $25,000,000.00 is authorized from the general fund to the site
preparation economic development fund.
(4) An annual report shall be
transmitted to the senate and house of representatives standing committees on
appropriations not later than December 31 of each year. This report shall
detail both of the following:
(a) The revenue and expenditure
activity in the fund for the preceding fiscal year.
(b) The sites identified as
economic development sites under subsection (1).
Sec. 867. Proceeds from the sale
of the Farnum Building shall be subsequently appropriated to the department in
accordance with any legislation enacted that authorizes the sale of that
property. If the net proceeds from the sale
of the Farnum Building are less than the $7,000,000.00 authorized for senate
relocation costs in section 896 of article VIII of 2014 PA 252,
an amount equal to the difference between the net sale proceeds and
$7,000,000.00 shall be appropriated by the legislature to the department.
CAPITAL OUTLAY -
UNIVERSITIES
Sec. 873. (1) This section applies
only to projects for community colleges.
(2) State support is directed
towards the remodeling and additions, special maintenance, or construction of
certain community college buildings. The community college shall obtain or
provide for site acquisition and initial main utility installation to operate
the facility. Funding shall be composed of local and state shares and not more
than 50% of a capital outlay project, not including a lump-sum special maintenance
project or remodeling and addition project, for a community college shall be
appropriated from state and federal funds, unless otherwise appropriated by the
legislature.
(3) An expenditure under this
part and part 1 is authorized when the release of the appropriation is approved
by the board upon the recommendation of the director. The director may
recommend to the board the release of any appropriation in part 1 only after
the director is assured that the legal entity operating the community college
to which the appropriation is made has complied with this part and part 1 and
has matched the amounts appropriated as required by this part and part 1. A
release of funds in part 1 shall not exceed 50% of the total cost of planning
and construction of any project, not including lump-sum remodeling and
additions and special maintenance, unless otherwise appropriated by the
legislature. Further planning and construction of a project authorized by this
part and part 1 or applicable sections of the management and budget act, 1984 PA 431,
(4) The
community college shall take the steps necessary to secure available federal
construction and equipment money for projects funded for construction in this
part and part 1 if an application was not previously made.
If there is a reasonable expectation that a prior year unfunded application may
receive federal money in a subsequent year, the college shall take whatever
action necessary to keep the application active.
Sec. 874. If university and
community college matching revenues are received in an amount less than the appropriations for capital projects contained in
this part and part 1, the state funds shall be reduced in proportion to
the amount of matching revenue received.
Sec. 875. (1) The director may
require that community colleges and universities that have an authorized
project listed in part 1 submit documentation regarding the project match and
governing board approval of the authorized project not more than 60 days after
the beginning of the fiscal year.
(2) If the documentation
required by the director under subsection (1) is not submitted, or does
not adequately authenticate the availability of the project match or board
approval of the authorized project, the authorization may terminate. The
authorization terminates 30 days after the director notifies the JCOS of the
intent to terminate the project unless the JCOS convenes to extend the
authorization.
ONE-TIME APPROPRIATIONS
Sec. 880. (1) The drinking water
declaration of emergency reserve fund is created within the department of
treasury.
(2) Any unexpended funds in the drinking water declaration of
emergency reserve fund created in section 880 of article VIII of 2018 PA 207
shall be carried forward and available for expenditure under this section pursuant
to section 880(5) of article VIII of 2018 PA 207.
(3) Funds
may only be spent from the drinking water declaration of emergency reserve fund
upon appropriation, or legislative transfer pursuant to section 393
of the management and budget act, 1984 PA 431, MCL 18.1393.
(4) Interest and earnings from
the investment of funds deposited in the drinking water declaration of
emergency reserve fund shall be deposited in the general fund.
(5) Funds in the drinking water
declaration of emergency reserve fund at the close of a fiscal year shall
remain in the drinking water declaration of emergency reserve fund and shall
not lapse to the general fund.
Sec. 881. The cost to construct the Michigan state capitol commission -
state capitol restoration/infrastructure upgrade project, initially
authorized for construction in 2017 PA 107 and reauthorized in 2018 PA 618,
is hereby increased by $15,000,000.00 to a new total project cost of
$125,009,400.00 (state building authority share $125,009,300.00; state general
fund/general purpose share $100.00).
Sec. 882. The scope of the
department of health and human services, Caro Center replacement new state
psychiatric hospital, initially authorized for construction in 2017 PA 107,
is hereby changed. The new state psychiatric hospital shall include the
construction of a new 100-bed facility located at the current location of the
Caro Regional Mental Health Center.
Sec. 883. (1) The appropriation
in part 1 for the department of health and human services, new northern
satellite psychiatric facility, shall be considered new planning authorization
for a new facility in Chippewa County, located at a former correctional
facility.
(2) The appropriation in part 1
for the department of health and human services, new northern satellite
psychiatric facility, is in lieu of planning authorization provided in 2017 PA 107.
The planning authorization for this project under 2017 PA 107 is hereby
rescinded.
DEPARTMENT OF TREASURY
OPERATIONS
Sec. 901. (1) In addition to the
funds appropriated in part 1, there is appropriated an amount not to exceed
$500,000.00 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,
(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,
(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,
(4) In addition to the funds
appropriated in part 1, there is appropriated an amount not to exceed
$20,000.00 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,
Sec. 902. (1) Amounts needed to
pay for interest, fees, principal, mandatory and optional redemptions,
arbitrage rebates as required by federal law, and costs associated with the
payment, registration, trustee services, credit enhancements, and issuing costs
in excess of the amount appropriated to the department of treasury in part 1
for debt service on notes and bonds that are issued by the state under sections
14, 15, and 16 of article IX of the state constitution of 1963 as implemented
by 1967 PA 266,
(2) In addition to the amount
appropriated to the department of treasury for debt service in part 1, there is
appropriated an amount for fiscal year cash-flow borrowing costs to pay for
interest on interfund borrowing made under 1967 PA 55,
(3) In addition to the amount
appropriated to the department of treasury for debt service in part 1, there is
appropriated all repayments received by the state on loans made from the school
bond loan fund not required to be deposited in the school loan revolving fund
by or pursuant to section 4 of 1961 PA 112,
Sec. 902a. The department of
treasury shall notify the senate and house of representatives standing
committees on appropriations, the chairpersons of the relevant appropriations
subcommittees, the senate and house fiscal agencies, and the state budget
office not more than 30 days after a refunding or restructuring bond issue is
sold. The notification shall compare the annual debt service prior to the
refinancing or restructuring, the annual debt service after the refinancing or
restructuring, the change in the principal and interest over the duration of
the debt, and the projected change in the present value of the debt service due
to the refinancing and restructuring.
Sec. 902b. As a condition of
receiving funds appropriated in part 1, the department of treasury shall report
by February 1 to the chairpersons of the senate and house of representatives
appropriations subcommittees on general government, the house and senate fiscal
agencies, and the state budget office on all funds that are controlled or
administered by the department and not appropriated in part 1. This
notification can be completed electronically and the department of treasury
must notify the recipients when the report is publicly available. Both the
current and any previous reports required under this section shall be
saved and publicly available on the department of treasury public internet
website and stored in a common location with all other statutory and boilerplate
required reports. The link to the location of the reports shall be clearly
indicated on the main page of the department of treasury internet website. The
report shall include all of the following information:
(a) The starting balance for
each fund from the previous fiscal year.
(b) Total revenue generated by
both transfers in and investments for each fund in the previous fiscal year.
(c) Total expenditures for each
fund in the previous fiscal year.
(d) The ending balance for each
fund for the previous fiscal year.
Sec. 903. (1) From the funds
appropriated in part 1, the department of treasury may contract with private
collection agencies and law firms to collect taxes and other accounts due this
state. In addition to the amounts appropriated in part 1 to the department of
treasury, there are appropriated amounts necessary to fund collection costs and
fees not to exceed 25% of the collections or 2.5% plus operating costs,
whichever amount is prescribed by each contract. The appropriation to fund
collection costs and fees for the collection of taxes or other accounts due
this state are from the fund or account to which the revenues being collected
are recorded or dedicated. However, if the taxes collected are constitutionally
dedicated for a specific purpose, the appropriation of collection costs and
fees are from the general purpose account of the general fund.
(2) From the funds appropriated
in part 1, the department of treasury may contract with private collections
agencies and law firms to collect defaulted student loans and other accounts
due the Michigan guaranty agency. In addition to the amounts appropriated in
part 1 to the department of treasury, there are appropriated amounts necessary
to fund collection costs and fees not to exceed 24.34% of the collection or a
lesser amount as prescribed by the contract. The appropriation to fund
collection costs and fees for the auditing and collection of defaulted student
loans due the Michigan guaranty agency is from the fund or account to which the
revenues being collected are recorded or dedicated.
(3) The department of treasury
shall submit a report for the immediately preceding fiscal year ending
September 30 to the state budget director, the senate and house of
representatives standing committees on appropriations,
and the chairpersons of the relevant appropriations subcommittees, not later
than November 30 stating the agencies or law firms employed, the
amount of collections for each, the costs of collection, and other pertinent
information relating to determining whether this authority should be continued.
(4) As a condition of receiving
funds appropriated in part 1 for collection services, the department of
treasury shall issue an RFP for secondary placement collection services if RFPs
are issued for primary collection services. The RFP shall allow for a multiple
collection contract approach. It shall also allow a bidder to bid on the entire
contract, or for individual components of the contract.
Sec. 904. (1) The department of
treasury, through its bureau of investments, may charge an investment service
fee against the applicable retirement funds. The fees may be expended for
necessary salaries, wages, contractual services, supplies, materials, equipment,
travel, worker s compensation insurance premiums, and grants to the civil
service commission and state employees retirement funds. Service fees shall
not exceed the aggregate amount appropriated in part 1. The department of
treasury shall maintain accounting records in sufficient detail to enable the
retirement funds to be reimbursed periodically for fee revenue that is
determined by the department of treasury to be surplus.
(2) In addition to the funds
appropriated in part 1 from the retirement funds to the department of treasury,
there is appropriated from retirement funds an amount sufficient to pay for the
services of money managers, investment advisors, investment consultants,
custodians, and other outside professionals, the state treasurer considers
necessary to prudently manage the retirement funds investment portfolios. The
state treasurer shall report annually to the senate and house of
representatives standing committees on appropriations, the chairpersons of the
relevant appropriations subcommittees, and the state budget office concerning
the performance of each portfolio by investment advisor.
Sec. 904a. (1) There is
appropriated an amount sufficient to recognize and pay expenditures for
financial services provided by financial institutions or equivalent vendors
that perform these services including treasury as provided under section 1
of 1861 PA 111,
(2) The appropriations under subsection (1)
shall be funded by restricting revenues from common cash interest earnings and
investment earnings in an amount sufficient to record these expenditures. If
the amounts of common cash interest earnings are insufficient to cover these
costs, then miscellaneous revenues shall be used to fund the remaining balance
of these expenditures.
Sec. 905. A revolving fund known
as the municipal finance fee fund is created in the department of treasury.
Fees are established under the revised municipal finance act, 2001 PA 34,
MCL 141.2101 to 141.2821, and the fees collected shall be credited to the
municipal finance fee fund and may be carried forward for future appropriation.
Sec. 906. (1) The department of
treasury shall charge for audits as permitted by state or federal law or under
contractual arrangements with local units of government, other principal
executive departments, or state agencies. However, the charge shall not be more
than the actual cost for performing the audit. A report detailing audits
performed and audit charges for the immediately preceding fiscal year shall be
submitted to the state budget director, the chairpersons of the relevant
appropriations subcommittees, and the senate and house fiscal agencies not
later than November 30.
(2) A revolving fund known as the
audit charges fund is created in the department of treasury. The contractual
charges collected shall be credited to the audit charges fund and may be
carried forward for future appropriation.
Sec. 907. A revolving fund known
as the assessor certification and training fund is created in the department of
treasury. The assessor certification and training fund shall be used to
organize and operate a property assessor certification and training program.
Each participant certified and trained shall pay to the department of treasury
examination fees not to exceed $50.00 per examination and certification fees
not to exceed $175.00. Training courses shall be offered in assessment
administration. Each participant shall pay a fee to cover the expenses incurred
in offering the optional programs to certified assessing personnel and other
individuals interested in an assessment career opportunity. The fees collected
shall be credited to the assessor certification and training fund.
Sec. 907b.
From the increased funds appropriated in part 1 for property tax assessor
training, the department shall expand in-person training throughout the state in at least each
regional prosperity zone. The department shall notify all property tax
assessors in each regional zone when training is available for that zone.
Sec. 908. The
amount appropriated in part 1 to the department of treasury, home heating
assistance program, is to cover the costs, including data processing, of administering
federal home heating credits to eligible claimants and to administer the
supplemental fuel cost payment program for eligible tax credit and welfare
recipients.
Sec. 909. Revenue from the airport
parking tax act, 1987 PA 248,
Sec. 910. The disbursement by the
department of treasury from the bottle deposit fund to dealers as required by section 3c(2)
of 1976 IL 1,
Sec. 911. There is appropriated an
amount sufficient to recognize and pay refundable income tax credits as
provided by law.
Sec. 912. A plaintiff in a
garnishment action involving this state shall pay to the state treasurer 1 of
the following:
(a) A fee of $6.00 at the time a
writ of garnishment of periodic payments is served upon the state treasurer, as
provided in section 4012 of the revised judicature act of 1961, 1961 PA 236,
(b) A fee of $6.00 at the time any
other writ of garnishment is served upon the state treasurer, except that the
fee shall be reduced to $5.00 for each writ of garnishment for individual
income tax refunds or credits filed by magnetic media.
Sec. 913. (1) The department of
treasury may contract with private firms to appraise and, if necessary, appeal
the assessments of senior citizen cooperative housing units. Payment for this
service shall be from savings resulting from the appraisal or appeal process.
(2) Of the funds appropriated in
part 1 to the department of treasury for the senior citizens cooperative housing tax exemption program, a portion may be
utilized for a program audit of the program. The department of treasury
shall forward copies of any audit report completed to the senate and house of
representatives standing committees on appropriations subcommittees on general
government and to the state budget office. The department of treasury may
utilize up to 1% of the funds for program administration and auditing.
Sec. 914. The department of
treasury may provide a $200.00 annual prize from the Ehlers internship award
account in the gifts, bequests, and deposit fund to the runner-up of the
Rosenthal prize for interns. The Ehlers internship award account is interest
bearing.
Sec. 915. Pursuant to section 61
of the Michigan campaign finance act, 1976 PA 388,
Sec. 916. The department of
treasury may make available to interested entities otherwise unavailable
customized unclaimed property listings of nonconfidential information in its
possession. The charge for this information is as follows: 1 to 100,000 records
at 2.5 cents per record and 100,001 or more records at .5 cents per
record. The revenue received from this service shall be deposited to the
appropriate revenue account or fund. The department of treasury shall submit an
annual report on or before June 1 to the state budget director and the senate
and house of representatives standing committees on appropriations that states
the amount of revenue received from the sale of information.
Sec. 917. (1) There is
appropriated for write-offs and advances an amount equal to total write-offs
and advances for departmental programs, but not to exceed current year
authorizations that would otherwise lapse to the general fund.
(2) The department of treasury
shall submit a report for the immediately preceding fiscal year to the state
budget director, the chairpersons of the relevant appropriations subcommittees,
and the senate and house fiscal agencies not later than November 30 stating the
amounts appropriated for write-offs and advances under subsection (1) and
an explanation for each write-off or advance that occurred.
Sec. 919. (1) From funds
appropriated in part 1, the department of treasury may contract with private
auditing firms to audit for and collect unclaimed property due this state in
accordance with the uniform unclaimed property act, 1995 PA 29,
(2) The department of treasury
shall submit a report for the immediately preceding fiscal year ending
September 30 to the state budget director, the senate and house of
representatives standing committees on appropriations,
and the chairpersons of the relevant appropriations subcommittees not later
than November 30 stating the auditing firms employed, the amount of
collections for each, the costs of collection, and other pertinent information
relating to determining whether this authority should be continued.
Sec. 920. The department of
treasury shall produce a listing of all personal property tax reimbursement
payments to be distributed by the local community stabilization authority
related to property taxes levied in the current calendar year and shall post
the list of payments on the department website by June 30.
Sec. 924. (1) In addition to the
funds appropriated in part 1, the department of treasury may receive and expend
principal residence audit fund revenue for administration of principal
residence audits under the general property tax act, 1893 PA 206,
(2) The department of treasury
shall submit a report for the immediately preceding fiscal year to the state
budget director, the chairpersons of the relevant appropriations subcommittees,
and the senate and house fiscal agencies not later than December 31 stating the
amount of exemptions denied and the revenue received under the program.
Sec. 926. Unexpended
appropriations of the John R. Justice grant program are designated as work
project appropriations and shall not lapse at the end of the fiscal year and
shall continue to be available for expenditure until the project has been
completed. The following is in compliance with section 451a of the
management and budget act, 1984 PA 431,
(a) The purpose of the project is
to provide student loan forgiveness to qualified public defenders and
prosecutors.
(b) The project will be
accomplished by utilizing state employees or contracts with private vendors, or
both.
(c) The total estimated cost of
the project is $287,700.00.
(d) The tentative completion date
is September 30, 2021.
Sec. 927. The department of
treasury shall submit annual progress reports to the senate and house of
representatives standing committees on appropriations subcommittees on general
government and the senate and house fiscal agencies, regarding personal
property tax audits and essential service assessment audits. The report shall
include the number of audits, revenue generated, and number of complaints
received by the department of treasury related to the audits.
Sec. 928. The department of
treasury may provide receipt, check and cash processing, data, collection,
investment, fiscal agent, levy and check cost assessment, writ of garnishment,
and other user services on a contractual
basis for other principal executive departments and state agencies. Funds for
the services provided are appropriated and shall be expended for
salaries and wages, fees, supplies, and equipment necessary to provide the
services. Any unobligated balance of the funds received shall revert to the
general fund of this state as of September 30.
Sec. 930. (1) The department of
treasury shall provide accounts receivable collections services to other principal executive departments and state agencies
under 1927 PA 375,
(2) The department of treasury
shall submit a report for the immediately preceding fiscal year to the state
budget director, the chairpersons of the relevant appropriations subcommittees,
and the senate and house fiscal agencies not later than November 30 stating the
principal executive departments and state agencies served, funds collected, and
costs of collection under subsection (1).
Sec. 931. (1) The appropriation in
part 1 to the department of treasury for treasury fees shall be assessed
against all restricted funds that receive common cash earnings or other
investment income. Treasury fees include all costs, including administrative
overhead, relating to the investment of each restricted fund. The fee assessed
against each restricted fund will be based on the size of the restricted fund
(the absolute value of the average daily cash balance plus the market value of
investments in the prior fiscal year) and the level of effort necessary to
maintain the restricted fund as required by each department. The department of
treasury shall provide a report to the state budget office, the senate and
house of representatives standing committees on appropriations subcommittees on
general government, and the senate and house fiscal agencies by November 30 of
each year identifying the fees assessed against each restricted fund and the
methodology used for assessment.
(2) In addition to the funds
appropriated in part 1, the department of treasury may receive and expend
investment fees relating to new restricted funding sources that participate in
common cash earnings or other investment income during the current fiscal year.
When a new restricted fund is created starting on or after October 1, that
restricted fund shall be assessed a fee using the same criteria identified in
subsection (1).
Sec. 932. Revenue received under
the Michigan education trust act, 1986 PA 316,
Sec. 934. (1) The department of
treasury may expend revenues received under the hospital finance authority act,
1969 PA 38,
(2) The department of treasury
shall report by January 31 to the senate and house appropriations subcommittees
on general government, the senate and house fiscal agencies, and the state
budget director on the amount and purpose of expenditures made under subsection (1)
from funds received in addition to those appropriated in part 1. The report
shall also include a listing of reimbursement of revenue, if any. The report
shall cover the previous fiscal year.
Sec. 935. The funds appropriated
in part 1 for dual enrollment payments for an eligible student enrolled in a
state-approved nonpublic school shall be distributed as provided under the
postsecondary enrollment options act, 1996 PA 160, MCL 388.511 to 388.524,
and the career and technical preparation act, 2000 PA 258, MCL 388.1901 to
388.1913, in a form and manner as determined by the department of treasury.
Sec. 936. (1) From the funds
appropriated in part 1, the department shall maintain the financial data
analytic tool reimbursement work project for reimbursements to cities,
villages, townships, counties, and regional councils of government
(participating organizations) for the licensing of data analytic tools as
described under this section. Reimbursements are for participating organizations
that choose to use a data analytic tool with 1 of the 2 vendors approved by the
MDTMB in 2017-2018. Funds allocated under this section are intended to
provide participating organizations with financial forecasting and transparency
reporting tools to improve the financial health of participating organizations
and to improve communication with the public.
(2) The approved data analytic
tool vendors from 2017-2018 must continue to do all of the following:
(a) Analyze financial data.
(b) Analyze pension and other
postemployment benefit trends.
(c) Provide early warning
indicators of financial stress.
(d) Provide peer community
comparisons of financial data.
(e) Provide financial
projections for at least 3 subsequent fiscal years.
(3) Funds from any financial
data analytic tool reimbursement work projects shall be used prior to using
funds appropriated in the current year. Funds allocated under this section shall
be paid to participating organizations that execute an agreement on behalf of
their geographic local units as a reimbursement for already having a licensing
agreement or for entering into a licensing agreement not later than December 1,
2018 with a vendor approved under subsection (2) from the 2017-2018
appropriation, to implement a data analytic agreement. Reimbursement under this
section shall be made as follows:
(a) All participating
organizations seeking reimbursement shall submit requests not later than
December 31 to the department of treasury indicating the cost paid for the
financial data analytic tool by virtue of providing an invoice, purchase order,
or proof of payment or by either of the approved vendors of record submitting
on behalf of the participating organizations.
(b) The department of treasury
shall determine the sum of the funding requested by all participating organizations under subdivision (a) and, if there
are sufficient funds, shall reimburse 1/2 of the costs submitted by each
participating organization or approved vendor under subdivision (a). If there
are insufficient funds to pay 1/2 of the costs submitted under subdivision (a),
the reimbursement shall be made on an equal percentage basis using 2016 census
population estimates from the United States Census Bureau.
(c) The reimbursement to a
participating organization shall not be greater than the amount paid for a data
analytic application.
(d) A
participating organization shall not be reimbursed for the purchase of more
than 1 software application.
(e) Any unexpended funds shall
continue as a work project appropriation, and any unencumbered or unallotted
funds shall not lapse at the end of the fiscal year and shall be available for
expenditures for projects under this section until the projects have been
completed. The following is in compliance with section 451a of the
management and budget act, 1984 PA 431, MCL 18.1451a.
(i) The purpose of the project is for financial data analytic tool
reimbursement.
(ii) The project will be accomplished by utilizing state employees,
contracts with a vendor, or contracts with local units, or any combination of
these.
(iii) The total estimated cost of the project is $500,000.00.
(iv) The tentative completion date is September 30, 2023.
(4) Payments under this section shall
be made on a schedule determined by the department.
(5)
Within 30 days after the department of treasury has made all payments under subsection (3),
the department of treasury shall report the following to the senate and
house of representatives standing committees on appropriations subcommittees on
general government, the state budget office, and the fiscal agencies:
(a) The total amount of payments
made.
(b) If the payments were prorated,
the amount of proration.
(c) A list of
each payment made to cities, villages, townships, counties, and regional
councils of government.
Sec. 937. As a condition of
receiving funds appropriated in part 1, the department of treasury shall submit
a report to the state budget director, the senate and house standing committees
on appropriations, the chairpersons of the relevant appropriations
subcommittees, and the senate and house fiscal agencies not later than March 31
regarding the performance of the Michigan accounts receivable collections
system. The report shall include, but is not limited to:
(a) Information regarding the
effectiveness of the department s current collection strategies, including use
of vendors or contractors.
(b) The amount of delinquent
accounts and collection referrals to vendors and contractors.
(c) The liquidation rates for
declining delinquent accounts.
(d) The profile of uncollected
delinquent accounts, including specific uncollected amounts by category.
(e) The department of treasury s
strategy to manage delinquent accounts once those accounts exceed the vendor s
or contractor s contracted collectible period.
(f) A summary of the strategies
used in other states, including, but not limited to, secondary placement
services, and assessing the benefits of those strategies.
Sec. 941. (1) The department of
treasury, in conjunction with the Michigan strategic fund, shall report to the
senate and house of representatives standing committees on appropriations, the
relevant senate and house of representatives appropriations subcommittees, the
senate and house fiscal agencies, and the state budget director by November 1
on the annual cost of the Michigan economic growth authority tax credits. The
report shall include for each year the board-approved credit amount, adjusted
for credit amendments where applicable, and the actual and projected value of
tax credits for each year from 1995 to the expiration of the credit program.
For years for which credit claims are complete, the report shall include the
total of actual certificated credit amounts. For years for which claims are
still pending or not yet submitted, the report shall include a combination of
actual credits where available and projected credits. Credit projections shall
be based on updated estimates of employees, wages, and benefits for eligible
companies.
(2) In addition to the report
under subsection (1), the department of treasury, in conjunction with the
Michigan strategic fund, shall report to the senate and house of
representatives standing committees on appropriations, the relevant senate and
house of representatives appropriations subcommittees, the senate and house
fiscal agencies, and the state budget director by November 1 on the annual cost
of all other certificated credits by program, for each year until the credits
expire or can no longer be collected. The report shall include estimates on the
brownfield redevelopment credit, film credits, MEGA photovoltaic technology credit, MEGA polycrystalline silicon manufacturing
credit, MEGA vehicle battery credit, and other certificated credits.
Sec. 942. As a condition of
receiving funds appropriated in part 1 for supervision of the general property
tax law, the department of treasury shall prioritize maintaining existing
contracts related to the property services division.
Sec. 944. If the department of
treasury hires a pension plan consultant using any of the funds appropriated in
part 1, the department shall retain any report provided to the department by
that consultant, notify the senate and house of representatives appropriations
subcommittees on general government, the senate and house fiscal agencies, and
the state budget director, and shall make that report available upon request to
the senate and house of representatives standing committees on appropriations
subcommittees on general government, the senate and house fiscal agencies, and
the state budget director. A rationale for retention of a pension plan
consultant shall be included in the notification of retention.
Sec. 945. Audits of local unit
assessment administration practices, procedures, and records shall be conducted
in each assessment jurisdiction a minimum of once every 5 years and in
accordance with 2018 PA 680.
Sec. 946. Revenue collected in
the convention facility development fund is appropriated and shall be
distributed under sections 8, 9, and 10 of the state convention facility
development act, 1985 PA 106, MCL 207.628, 207.629, and 207.630.
Sec. 947. Financial independence
teams shall cooperate with the financial responsibility section to
coordinate and streamline efforts in identifying and addressing fiscal
emergencies in school districts and intermediate school districts.
Sec. 948. Total authorized
appropriations from all department of treasury sources under part 1 for legacy
costs for the fiscal year ending September 30, 2020 are $42,035,900.00. From
this amount, total agency appropriations for pension-related legacy costs are
estimated at $20,434,600.00. Total agency appropriations for retiree health care
legacy costs are estimated at $21,601,300.00.
Sec. 949. (1) From the funds
appropriated in part 1, the department of treasury may contract with private
agencies to prevent the disbursement of fraudulent tax refunds. In addition to
the amounts appropriated in part 1 to the department of treasury, there are
appropriated amounts necessary to pay contract costs or fund operations
designed to reduce fraudulent income tax refund payments not to exceed
$1,200,000.00 of the refunds identified as potentially fraudulent and for which
payment of the refund is denied. The appropriation to fund fraud prevention
efforts is from the fund or account to which the revenues being collected are
recorded or dedicated.
(2) The department of treasury
shall submit a report for the immediately preceding fiscal year ending
September 30 to the state budget director, the senate and house of
representatives standing committees on appropriations,
and the chairpersons of the relevant appropriations subcommittees not later
than November 30 stating the number of refund claims denied due to
the fraud prevention operations, the amount of refunds denied, the costs of the
fraud prevention operations, and other pertinent information relating to
determining whether this authority should be continued.
Sec. 949a. From the funds
appropriated in part 1 for additional staff in city income tax administration,
the department shall expand individual income tax return administration to 1
additional city to leverage the department s capabilities to assist cities with
their taxation efforts.
Sec. 949d. (1) From the funds
appropriated in part 1 for financial review commission, the department of
treasury shall continue financial review commission efforts in the current
fiscal year. The purpose of the funding is to cover ongoing costs associated
with the operation of the commission.
(2) The department of treasury
shall identify specific outcomes and performance measures for this initiative,
including, but not limited to, the department of treasury s ability to perform
a critical fiscal review to ensure the city of Detroit does not reenter
distress following its exit from bankruptcy and to ensure that the community
district does not enter distress and maintains a balanced budget.
(3) The department of treasury
must submit a report to the house and senate appropriations subcommittees on
general government, the senate and house fiscal agencies, and the state budget
office by March 15. The report must describe the specific outcomes and measures
required in subsection (1) and provide the results and data related to
these outcomes and measures.
Sec. 949e. From the funds
appropriated in part 1 for the state essential services assessment program, the
department of treasury shall administer the state essential services assessment
program. The program will provide the department of treasury the ability to
collect the state essential services assessment which is a phased-in
replacement of locally collected personal property taxes on eligible
manufacturing personal property.
Sec. 949f. Revenue from the
tobacco products tax act, 1993 PA 327, MCL 205.421 to 205.436, related to
counties with a 2000 population of more than 2,000,000 is appropriated and
shall be distributed under section 12(4)(d) of the tobacco products tax
act, 1993 PA 327, MCL 205.432.
Sec. 949h. Revenue from part 6
of the medical marihuana facilities licensing act, 2016 PA 281, MCL
333.27601 to 333.27605, is appropriated and distributed pursuant to part 6 of
the medical marihuana facilities licensing act, 2016 PA 281, MCL 333.27601
to 333.27605.
Sec. 949j.
All funds in the wrongful imprisonment compensation fund created in the
wrongful imprisonment compensation act, 2016 PA 343, MCL 691.1751 to 691.1757, are
appropriated and available for expenditure. Expenditures are limited to support
wrongful imprisonment compensation payments pursuant to section 6 of the
wrongful imprisonment compensation act, 2016 PA 343, MCL 691.1756.
Sec. 949k. There is appropriated
an amount equal to the tax captured revenues due under approved trans formational
brownfield plans created in the brownfield redevelopment financing act, 1996 PA 381,
MCL 125.2651 to 125.2670.
Sec. 949m. (1) Prior to the
disbursement of any grants in subsection (2) or (3), the department shall
establish a memorandum of understanding with the grantee to ensure that the
grants are used only for the purposes specified under subsection (2) or
(3).
(2) From the funds appropriated in
part 1 for municipal cost sharing grants, $500,000.00 shall be awarded to a city
with a population of greater than 80,000 located in a county with a population
of between 280,800 and 280,900 according to the most recent federal decennial
census for security camera upgrades around the Michigan Capitol Building.
(3) From the funds appropriated in
part 1 for municipal cost sharing grants, $500,000.00 shall be awarded to a
city with a population of greater than 80,000 located in a county with a
population of between 280,800 and 280,900 according to the most recent federal
decennial census for expenses associated with large special events that occur
at the Michigan capitol.
(4) From the funds appropriated in
part 1 for municipal cost sharing grants, $1,250,000.00 shall be awarded to a
consolidated police and EMS dispatch center located in a county with a
population over 1,500,000 and in a city with a population between 98,000 and
99,000 according to the most recent federal decennial census. These funds may
be used for, but are not limited to, the following:
(a) Equipment required for the
installation of an additional dispatch workstation.
(b) Costs associated with the
coordination of technology with private sector partners which would allow the
dispatch center to access and monitor real-time video feeds from those
partners.
(c) Installation and upgrading of
equipment and technology in vehicles currently used by the dispatch center.
(d) Development and adoption of a
security advisory radio channel to allow private security partners to interface
directly with dispatch center staff and first responders.
(e) Installation of bi-directional
amplifiers for the improvement of in-building radio communications.
(f) Staff training costs.
(g) Installation of a new radio
tower to improve communications.
Sec. 949n. (1) The funds
appropriated in part 1 for the student loan refinancing program study shall be
used by the department of treasury to conduct a feasibility study on the
creation of a student loan refinancing program. The feasibility study shall
include, but need not be limited to, the following:
(a) Information regarding
additional staffing and administrative resources necessary and a comparison to
the cost of existing third-party service providers to implement the program.
(b) A survey of state refinancing
programs.
(c)
Information related to the financial commitment on the part of the state to
start a student loan refinancing program.
(d) Challenges and opportunities
to beginning and sustaining a program.
(e) A determination of program
characteristics necessary to provide a sustainable program.
(f) A determination as to whether
a state-affiliated program could successfully compete in the marketplace.
(2) The department of treasury
shall provide a report of its findings under subsection (1) to the
chairpersons of the senate and house of representatives standing committees on
appropriations, the chairpersons of the senate and house of representatives
standing committees on appropriations subcommittees on general government, the
senate and house fiscal agencies, and the state budget director by July 1.
REVENUE SHARING
Sec. 950. The funds appropriated
in part 1 for constitutional revenue sharing shall be distributed by the department of treasury to cities, villages, and
townships, as required under section 10 of article IX of the state
constitution of 1963. Revenue collected in accordance with section 10 of
article IX of the state constitution of 1963 in excess of the amount
appropriated in part 1 for constitutional revenue sharing is appropriated for
distribution to cities, villages, and townships, on a population basis as
required under section 10 of article IX of the state constitution of
1963.
Sec. 952. (1) The funds
appropriated in part 1 for city, village, and township revenue sharing are for
grants to cities, villages, and townships such that, subject to fulfilling the
requirements under subsection (3), each city, village, or township that
received a payment under section 901(1) of 2018 PA 618 is eligible to
receive a payment equal to 102.3% of its
total eligible payment under section 901(1) of 2018 PA 618 and section 957(1)
of 2018 PA 207, rounded to the nearest dollar. For purposes of this
subsection, any city, village, or township that completely merges with another
city, village, or township will be treated as a single entity, such that when
determining the eligible payment under section 901(1) of 2018 PA 618
and section 957(1) of 2018 PA 207 for the combined single entity, the
amount each of the merging local units was eligible to receive under section 901(1)
of 2018 PA 618 and section 957(1) of 2018 PA 207 is summed.
(2) The funds appropriated in
part 1 for the county incentive program are to be used for grants to counties
such that each county is eligible to receive an amount equal to 20% of the
amount determined pursuant to the Glenn Steil state revenue sharing act of
1971, 1971 PA 140, MCL 141.901 to 141.921. The amount calculated under
this subsection shall be adjusted as necessary to reflect partial county
fiscal years and prorated based on the total amount appropriated for
distribution to all eligible counties. Except as otherwise provided under this
subsection, payments under this subsection will be distributed to an
eligible county subject to the county s fulfilling the requirements under subsection (3).
(3) For purposes of
accountability and transparency, each eligible city, village, township, or
county shall certify by December 1, or the first day of a payment month, that
it has produced a citizen s guide of its most recent local finances, including
a recognition of its unfunded liabilities; a performance dashboard; a debt
service report containing a detailed listing of its debt service requirements,
including, at a minimum, the issuance date, issuance amount, type of debt
instrument, a listing of all revenues pledged to finance debt service by debt
instrument, and a listing of the annual payment amounts until maturity; and a
projected budget report, including, at a minimum, the current fiscal year and a
projection for the immediately following fiscal year. The projected budget
report shall include revenues and expenditures and an explanation of the
assumptions used for the projections. Each eligible city, village, township, or
county shall include in any mailing of general information to its citizens the
internet website address location for its citizen s guide, performance
dashboard, debt service report, and projected budget report or the physical
location where these documents are available for public viewing in the city,
village, township, or county clerk s office. Each city, village, township, and
county applying for a payment under this subsection shall submit a copy of
the performance dashboard, a copy of the debt service report, and a copy of the
projected budget report to the department of treasury. In addition, each
eligible city, village, township, or county applying for a payment under this subsection shall either submit a
copy of the citizen s guide or certify that the city, village, township,
or county will be utilizing treasury s online citizen s guide. The department
of treasury shall develop detailed guidance for a city, village, township, or
county to follow to meet the requirements of this subsection. The detailed
guidance shall be posted on the department of treasury website and distributed
to cities, villages, townships, and counties by October 1.
(4) City, village, and township
revenue sharing payments and county incentive program payments are subject to
the following conditions:
(a) The city, village, township,
or county shall certify to the department that it has met the required criteria
for subsection (3) and submitted the required citizen s guide, performance
dashboard, debt service report, and projected budget report as required by subsection (3).
A department of treasury review of the citizen s guide, dashboard, or reports
is not required in order for a city, village, township, or county to receive a
payment under subsection (1) or (2). The department shall develop a
certification process and method for cities, villages, townships, and counties
to follow.
(b) Subject to subdivisions (c),
(d), and (e), if a city, village, township, or county meets the requirements of subsection (3), the city, village,
township, or county shall receive its full potential payment under this
section.
(c) Cities, villages, and
townships eligible to receive a payment under subsection (1) shall receive
1/6 of their eligible payment on the last business day of October, December,
February, April, June, and August. Payments under subsection (1) shall be
issued to cities, villages, and townships until the specified due date for subsection (3).
After the specified due date for subsection (3), payments shall be made to
a city, village, or township only if that city, village, or township has
complied with subdivision (a).
(d) Payments under subsection (2)
shall be issued to counties until the specified due date for subsection (3).
After the specified due date for subsection (3), payments shall be made to
a county only if that county has complied with subdivision (a).
(e) If a city, village,
township, or county does not submit the required certification, citizen s
guide, performance dashboard, debt service report, and projected budget report
by the first day of a payment month, the city, village, township, or county shall
forfeit the payment in that payment month.
(f) Any city, village, township,
or county that falsifies certification documents shall forfeit any future city,
village, and township revenue sharing payments or county incentive program
payments and shall repay to this state all payments it has received under this
section.
(g) City, village, and township
revenue sharing payments and county incentive program payments under this section shall
be distributed on the last business day of October, December, February, April,
June, and August.
(h) Payments distributed under
this section may be withheld pursuant to sections 17a and 21 of the Glenn
Steil state revenue sharing act of 1971, 1971 PA 140, MCL 141.917a and
141.921.
(5) The unexpended funds
appropriated in part 1 for city, village, and township revenue sharing and the
county incentive program shall be available for expenditure under the program
for financially distressed cities, villages, or townships after the approval of
transfers by the legislature pursuant to section 393(2) of the management
and budget act, 1984 PA 431, MCL 18.1393.
(6) Any city, village, or township
eligible to receive a payment under subsection (1) and determined to have
a retirement pension benefit system in underfunded status under section 5
of the protecting local government retirement and benefits act, 2017 PA 202,
MCL 38.2805, must allocate an amount equal to its current year eligible payment
under subsection (1) less the sum of its eligible payment for city,
village, and township revenue sharing and
supplemental city, village, and township revenue sharing in fiscal year 2018‑2019
to its pension unfunded liability. A city, village, or township that has issued
a municipal security under section 518
of the revised municipal finance act, 2001 PA 34, MCL 141.2518, is exempt
from this requirement.
Sec. 955. (1) The funds
appropriated in part 1 for county revenue sharing shall be distributed by the
department of treasury so that each eligible county receives a payment equal to
104.5619% of the amount determined pursuant to the Glenn Steil state revenue
sharing act of 1971, 1971 PA 140, MCL 141.901 to 141.921, less the amount
for which the county is eligible under section 952(2) of this part. The
amount calculated under this subsection shall be adjusted as necessary to
reflect partial county fiscal years and prorated based on the total amount
appropriated for distribution to all eligible counties.
(2) The department of treasury
shall annually certify to the state budget director the amount each county is
authorized to expend from its revenue sharing reserve fund.
(3) Any county eligible to receive
a payment under subsection (1) and determined to have a retirement pension
benefit system in underfunded status under section 5 of the protecting
local government retirement and benefits act, 2017 PA 202, MCL 38.2805,
must allocate an amount equal to the sum of its current year eligible payment
for county revenue sharing and the county incentive program less the sum of its
fiscal year 2018-2019 eligible payment for county revenue sharing, the county
incentive program, and supplemental county revenue sharing to its pension
unfunded liability. A county that has issued a municipal security under section 518 of the revised municipal finance
act, 2001 PA 34, MCL 141.2518, is exempt from this requirement.
Sec. 956. (1) The funds
appropriated in part 1 for financially distressed cities, villages, or
townships shall be granted by the department of treasury to cities, villages,
and townships that have 1 or more conditions that indicate probable financial
distress, as determined by the department of treasury. A city, village, or township with 1 or more conditions that indicate
probable financial distress may apply in a manner determined by the
department of treasury for a grant to pay for specific projects or services
that move the city, village, or township toward financial stability. Grants are
to be used for specific projects or services that move the city, village, or
township toward financial stability. The city, village, or township must use
the grants under this section to make payments to reduce unfunded accrued
liability; to repair or replace critical infrastructure
and equipment owned or maintained by the city, village, or township; to reduce
debt obligations; or for costs associated with a transition to shared
services with another jurisdiction; or to administer other projects that move
the city, village, or township toward financial stability. The department of
treasury shall award no more than $2,000,000.00 to any city, village, or
township under this section.
(2) The
department of treasury shall provide a report to the senate and house of
representatives appropriations subcommittees on general government, the
senate and house fiscal agencies, and the state budget office by March 31. The
report shall include a list by grant recipient of the date each grant was
approved, the amount of the grant, and a description of the project or projects
that will be paid by the grant.
(3) The unexpended funds
appropriated in part 1 for financially distressed cities, villages, or
townships are designated as a work project appropriation, and any unencumbered
or unallotted funds shall not lapse at the end of the fiscal year and shall be
available for expenditure for projects under this section until the
projects have been completed. The following is in compliance with section 451a
of the management and budget act, 1984 PA 431, MCL 18.1451a:
(a) The
purpose of the project is to provide assistance to financially distressed
cities, villages, and townships under this section.
(b) The
projects will be accomplished by grants to cities, villages, and townships
approved by the department of treasury.
(c) The total estimated cost of
all projects is $2,500,000.00.
(d) The tentative completion date
is September 30, 2024.
BUREAU OF STATE LOTTERY
Sec. 960. In addition to the funds
appropriated in part 1 to the bureau of state lottery, there is appropriated from state lottery fund revenues the amount
necessary for, and directly related to, implementing and operating
lottery games under the McCauley-Traxler-Law-Bowman-McNeely lottery act, 1972 PA 239,
MCL 432.1 to 432.47, and activities under the Traxler-McCauley-Law-Bowman bingo
act, 1972 PA 382, MCL 432.101 to
432.120, including expenditures for contractually mandated payments for vendor
commissions, contractually mandated payments for instant tickets
intended for resale, the contractual costs of providing and maintaining the
online system communications network, and incentive and bonus payments to
lottery retailers.
Sec. 964. For the bureau of
state lottery, there is appropriated 1% of the lottery s prior fiscal year s
gross sales for promotion and advertising.
CASINO GAMING
Sec. 971. From the revenue
collected by the Michigan gaming control board regarding the total annual
assessment of each casino licensee, $2,000,000.00 is appropriated and shall be
deposited in the compulsive gaming prevention fund as described in section 12a(5)
of the Michigan Gaming Control and Revenue Act, 1996 IL 1,
Sec. 973. (1) Funds appropriated
in part 1 for local government programs may be used to provide assistance to a
local revenue sharing board referenced in an agreement authorized by the Indian
gaming regulatory act, Public Law 100-497.
(2) A local revenue sharing
board described in subsection (1) shall comply with the open meetings act,
1976 PA 267,
(3) A county treasurer is
authorized to receive and administer funds received for and on behalf of a
local revenue sharing board. Funds appropriated in part 1 for local government
programs may be used to audit local revenue sharing board funds held by a
county treasurer. This section does not limit the ability of local units
of government to enter into agreements with federally recognized Indian tribes
to provide financial assistance to local units of government or to jointly
provide public services.
(4) A local revenue sharing
board described in subsection (1) shall comply with all applicable
provisions of any agreement authorized by the Indian gaming regulatory act,
Public Law 100-497, in which the local revenue sharing board is referenced,
including, but not limited to, the disbursal of tribal casino payments received
under applicable provisions of the tribal-state class
(5) The director of the
department of state police and the executive director of the Michigan gaming
control board are authorized to assist the local revenue sharing boards in
determining allocations to be made to local public safety organizations.
(6) The Michigan gaming control
board shall submit a report by September 30 to the senate and house of
representatives standing committees on appropriations and the state budget
director on the receipts and distribution of revenues by local revenue sharing
boards.
Sec. 974. If revenues collected
in the state services fee fund are less than the amounts appropriated from the fund, available revenues shall be used to
fully fund the appropriation in part 1 for casino gaming regulation
activities before distributions are made to other state departments and
agencies. If the remaining revenue in the fund is insufficient to fully fund
appropriations to other state departments or agencies, the shortfall shall be
distributed proportionally among those departments and agencies.
Sec. 976. The executive director
of the Michigan gaming control board may pay rewards of not more than $5,000.00
to a person who provides information that results in the arrest and conviction
on a felony or misdemeanor charge for a crime that involves the horse racing
industry. A reward paid pursuant to this section shall be paid out of the
appropriation in part 1 for the racing commission.
Sec. 977. All appropriations
from the Michigan agriculture equine industry development fund, except for the
racing commission appropriations, shall be reduced proportionately if revenues
to the Michigan agriculture equine industry development fund decline during the
current fiscal year to a level lower than the amount appropriated in part 1.
Sec. 978. The Michigan gaming
control board shall use actual expenditure data in determining the actual
regulatory costs of conducting racing dates and shall provide that data to the
senate and house appropriations subcommittees on agriculture and general
government, the state budget office, and the senate and house fiscal agencies.
The Michigan gaming control board shall not be reimbursed for more than the
actual regulatory cost of conducting race dates. 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. 979. From the funds
appropriated in part 1 for millionaire party regulation, the Michigan gaming
control board may receive and expend state lottery fund revenue in an amount
not to exceed $3,000,000.00 for necessary expenses incurred in the licensing and
regulation of millionaire parties pursuant to Executive Order No. 2012-4. In
accordance with section 8 of the Traxler-McCauley-Law-Bowman bingo act,
1972 PA 382, MCL 432.108, the amount of necessary expenses shall not
exceed the amount of revenue received under that act. The Michigan gaming
control board shall provide a report to the senate and house of representatives
appropriations subcommittees on general government, the senate and house fiscal
agencies, and the state budget office by
March 1. The report shall include, but not be limited to, total expenditures
related to the licensing and regulating of millionaire parties, steps
taken to ensure charities are receiving revenue due to them, progress on
promulgating rules to ensure compliance with the Traxler‑McCauley‑Law‑Bowman
bingo act, 1972 PA 382, MCL 432.101 to 432.120, and any enforcement
actions taken.
DEPARTMENT OF LABOR AND ECONOMIC OPPORTUNITY
Sec. 980. (1) In addition to the
funds appropriated in part 1, there is appropriated an amount not to exceed
$15,000,000.00 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,
(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,
(3) In addition to the funds
appropriated in part 1, there is appropriated an amount not to exceed
$1,000,000.00 for private contingency funds. These funds are not available for
expenditure until they have been transferred to another line item in part 1
under section 393(2) of the management and budget act, 1984 PA 431,
(4) In addition to the funds
appropriated in part 1, there is appropriated an amount not to exceed
$1,000,000.00 for local contingency funds. These funds are not available for
expenditure until they have been transferred to another line item in part 1
under section 393(2) of the management and budget act, 1984 PA 431,
Sec. 981. Total authorized
appropriations from all sources under part 1 for legacy costs for the fiscal
year ending September 30, 2020 are $28,950,500.00. From this amount, total
agency appropriations for pension-related legacy costs are estimated at
$14,073,500.00. Total agency appropriations for retiree health care legacy
costs are estimated at $14,877,000.00.
Sec. 982. Federal pass-through
funds to local institutions and governments that are received in amounts in
addition to those included in part 1 and that do not require additional state
matching funds are appropriated for the purposes intended. The department may
carry forward into the succeeding fiscal year unexpended federal pass-through
funds to local institutions and governments that do not require additional state
matching funds. The department shall report the amount and source of the funds
to the relevant senate and house of representatives appropriations
subcommittees, the senate and house fiscal agencies, and the state budget
director within 10 business days after receiving any additional pass-through
funds.
Sec. 983. From the funds
appropriated in part 1, Michigan department of labor and economic opportunity, Michigan strategic fund, and Michigan state
housing development authority shall not use funds for broadband construction, expansion, repairs, or upgrades or
to issue or refinance bonds for broadband construction, expansion,
repairs, or upgrades.
Sec. 984. As a condition of
receiving funds in part 1, the department of labor and economic opportunity
shall utilize SIGMA as an appropriation and expenditure reporting system to
track all financial transactions with individual vendors, contractual partners,
grantees, recipients of business incentives, and recipients of other economic
assistance. Encumbrances and expenditures shall be reported in a timely manner.
MICHIGAN STATE HOUSING
DEVELOPMENT AUTHORITY
Sec. 990. MSHDA shall annually
present a report to the state budget office and the subcommittees on the status
of the authority s housing production goals under all financing programs
established or administered by the authority. The report shall give special
attention to efforts to raise affordable multifamily housing production goals.
Sec. 994. In addition to the funds
appropriated in part 1, the funds collected by state historic preservation
programs for document reproduction and services and application fees are
appropriated for all expenses necessary to provide the required services. These
funds are available for expenditure when they are received and may be carried
forward into the succeeding fiscal year.
LAND BANK FAST TRACK AUTHORITY
Sec. 995. In addition to the
amounts appropriated in part 1, the land bank fast track authority may expend
revenues received under the land bank fast track act, 2003 PA 258, MCL
124.751 to 124.774, for the purposes authorized by the act, including, but not
limited to, the acquisition, lease, management, demolition, maintenance, or
rehabilitation of real or personal property, payment of debt service for notes
or bonds issued by the authority, and other expenses to clear or quiet title
property held by the authority.
Sec. 998. (1) From the funds
appropriated in part 1 for blight removal grants, $250,000.00 shall be awarded to blight removal projects located in counties
with populations under 50,000 with priority given to communities with
the greatest population loss since 2000 and cap individual grants at no more
than $50,000.00.
(2) From the funds appropriated
in part 1 for blight removal grants, $250,000.00 shall be awarded for blight
prevention or removal projects located in a city with a population of greater
than 600,000 according to the most recent
federal decennial census. Grants under this subsection must be awarded to
nonprofit organizations for activities including, but not limited to,
any of the following:
(a) Removal of abandoned and
vacant structures.
(b) Blight prevention, including
home repair programs.
(c) Illegal dumping enforcement.
(d) Illegal dumping cleanup.
MICHIGAN STRATEGIC FUND
Sec. 1004. As a condition of
receiving funds appropriated in part 1, the MSF shall provide all information
required to be transmitted in the activities report required under section 9
of the Michigan strategic fund act, 1984 PA 270, MCL 125.2009, to the
chairpersons of the senate and house of representatives standing committees on appropriations, the chairpersons of
the relevant senate and house of representatives appropriations
subcommittees, the senate and house fiscal agencies, and the state budget
director by March 15.
Sec. 1005. In addition to the
appropriations in part 1, Travel Michigan may receive and expend private
revenue related to the use of Pure Michigan and all other copyrighted slogans
and images. This revenue may come from the direct licensing of the name and
image or from the royalty payments from various merchandise sales. Revenue
collected is appropriated for the marketing of the state as a travel
destination. The funds are available for expenditure when they are received by
the department of treasury. If the fund receives revenues from the use of Pure
Michigan , the fund shall provide a report that lists the revenues by source
received from the use of Pure Michigan and all other copyrighted slogans and
images. The report shall provide a detailed list of expenditures of revenues
received under this section. The report shall be provided to the chairpersons of the senate and house of representatives
standing committees on appropriations, the relevant senate and house of
representatives appropriations subcommittees, the house and senate fiscal
agencies, and the state budget director by March 1.
Sec. 1006. (1) As a condition of
receiving funds appropriated in part 1, the fund shall provide a report of all
approved amendments to projects for the immediately preceding year under
sections 88r and 90b of the Michigan strategic fund act, 1984 PA 270, MCL
125.2088r and 125.2090b. The report shall provide a description of each
amendment, by award, which shall include, but is not limited to, the following:
(a) The amended award amount
relative to the prior award amount.
(b) The amended number of
committed jobs relative to the prior number of committed jobs.
(c) The amended amount of
qualified investment committed relative to the prior amount of qualified
investment committed.
(d) A description of any change
in scope of the project.
(e) A description of any change
in project benchmarks, deadlines, or completion dates.
(f) The reason or justification
for the amendment approval.
(2) In addition to being posted
online, the report shall be distributed to the chairpersons of the senate and
house of representatives standing committees on appropriations, the
chairpersons of the relevant senate and house of representatives appropriations
subcommittees, the senate and house fiscal agencies, and the state budget
office by March 15.
Sec. 1007. (1) As a condition of
receiving funds appropriated in part 1, the fund shall request the following
information from the MEDC:
(a) Approved budget from the
MEDC executive committee for the current fiscal year and actual budget
expenditures for the preceding fiscal years.
(b) Expenditures and revenues as
part of the current and preceding year budgets, including the available fund
balance for the current and preceding fiscal years.
(c) The total number of FTEs, by
state and corporate status.
(d) A reporting of activities,
programs, and grants consistent with the preceding fiscal year budget.
(2) Information received by the
MSF pursuant to this section shall be posted online and distributed to the
chairpersons of the senate and house of
representatives standing committees on appropriations, the chairpersons
of the relevant senate and house of representatives appropriations
subcommittees, the senate and house fiscal agencies, and the state budget
director by March 15.
Sec. 1008. As a condition of
receiving funds under part 1, any interlocal agreement entered into by the fund
shall include language which states that if a local unit of government has a
contract or memorandum of understanding with a private economic development
agency, the MEDC will work cooperatively with that private organization in that
local area.
Sec. 1009. (1) Of the funds
appropriated to the fund or through grants to the MEDC, no funds shall be
expended for the purchase of options on land or the purchase of land unless at
least 1 of the following conditions applies:
(a) The land is located in an
economically distressed area.
(b) The land is obtained through
a purchase or exercise of an option at the invitation of the local unit of
government and local economic development agency.
(2) Consideration may be given
to purchases where the proposed use of the land is consistent with a regional
land use plan, will result in the redevelopment of an economically distressed
area, can be supported by existing infrastructure, and will not cause shifts in
population away from the area s population centers.
(3) As used in this section, economically
distressed area means an area in a city, village, or township that has been
designated as blighted; a city, village, or township that shows negative
population change from 1970 and a poverty rate and unemployment rate greater
than the statewide average; or an area certified as a neighborhood enterprise
zone under the neighborhood enterprise zone act, 1992 PA 147, MCL 207.771
to 207.786.
(4) If land or options on land
are purchased under subsection (1), the fund shall provide a report to the
senate and house of representatives standing committees on appropriations, the
relevant senate and house of representatives appropriations subcommittees, the
senate and house fiscal agencies, and the state budget director that provides a
list of all properties purchased, all options on land purchased, the location
of the land purchased, and the purchase price if the fund purchases options on
land or land. The report must be submitted before March 15.
Sec. 1010. As a condition for
receiving funds in part 1, not later than March 15, the fund shall provide a
report for the immediately preceding fiscal year on the jobs for Michigan
investment fund, created in section 88h of the Michigan strategic fund
act, 1984 PA 270, MCL 125.2088h. The report shall be submitted to the
chairpersons of the senate and house of representatives standing committees on
appropriations, the chairpersons of the relevant senate and house of
representatives appropriations subcommittees, the senate and house fiscal
agencies, and the state budget director. The report shall include, but is not
limited to, all of the following:
(a) A detailed listing of
revenues, by fund source, to the jobs for Michigan investment fund. The listing
shall include the manner and reason for
which the funds were appropriated to the jobs for Michigan investment
fund.
(b) A detailed listing of
expenditures, by project, from the jobs for Michigan investment fund.
(c) A fiscal year-end balance of
the jobs for Michigan investment fund.
Sec. 1011. (1) From the
appropriations in part 1 to the fund and granted or transferred to the MEDC,
any unexpended or unencumbered balance shall be disposed of in accordance with
the requirements in the management and budget act, 1984 PA 431,
(2) Any encumbered funds,
including encumbered funds subsequently unobligated, shall be used for the same
purposes for which funding was originally appropriated in this part and part 1.
(3) For funds appropriated in
part 1 to the fund, any carryforward authorization subsequently created through
a work project shall be preserved until a cash or accrued expenditure has been
executed or the allowable work project time period has expired.
Sec. 1012. (1) As a condition of
receiving funds under part 1, the fund shall ensure that the
(a) The freedom of information
act, 1976 PA 442,
(b) The open meetings act, 1976 PA 267,
(c) Annual audits of all
financial records by the auditor general or his or her designee.
(d) All reports required by law
to be submitted to the legislature.
(2) If the
Sec. 1013. As a condition for
receiving the appropriations in part 1, any staff of the MEDC involved in
private fund-raising activities shall not be party to any decisions regarding
the awarding of grants, incentives, or tax abatements from the fund, the MEDC,
or the Michigan economic growth authority.
Sec. 1024. From the funds
appropriated in part 1 for business attraction and community revitalization,
not less than 20% shall be granted by the fund board for brownfield
redevelopment and historic preservation projects under the community
revitalization program authorized by chapter 8C of the Michigan strategic fund
act, 1984 PA 270, MCL 125.2090 to 125.2090d.
Sec. 1032. (1) The fund shall
report to the chairpersons of the senate and house of representatives standing committees on appropriations, the relevant senate
and house of representatives appropriations subcommittees, the state
budget director, and the senate and house fiscal agencies on the status of the
film incentives at the same time as it submits the annual report required under
section 455 of the Michigan business tax act, 2007 PA 36,
(a) The tax credit provided under section 455
of the Michigan business tax act, 2007 PA 36,
(b) The tax credit provided under section 457
of the Michigan business tax act, 2007 PA 36,
(c) The tax credit provided under section 459
of the Michigan business tax act, 2007 PA 36,
(d) The amount of any tax credit
claimed under former section 367 of the income tax act of 1967, 1967 PA 281.
(e) Any tax credits provided for
film and digital media production under the Michigan economic growth authority
act, 1995 PA 24,
(f) Loans to an eligible
production company or film and digital media private equity fund authorized
under section 88d(3), (4), and (5) of the Michigan strategic fund act,
1984 PA 270,
(2) The report shall include all
of the following information:
(a) For each tax credit, the
number of contracts signed, the projected expenditures qualifying for the
credit, and the estimated value of the credits. For loans, the number of loans
made under each section, the interest rate of those loans, the loan amount, the
percent of the projected budget of each production financed by those loans, and
the estimated interest earnings from the loan.
(b) For credits authorized under section 455
of the Michigan business tax act, 2007 PA 36,
(c) For each of the tax credit
incentives and loan incentives listed in subsection (1), a breakdown for
each project or production showing each of the following:
(i) The number of temporary jobs created.
(ii) The number of permanent jobs created.
(iii) The number of persons employed in Michigan as a result of the
incentive, on a full-time equated basis.
(3) For any information not
included in the report due to the provisions of section 455(6), 457(6), or
459(6) of the Michigan business tax act, 2007 PA 36,
(a) Indicate how the information
would describe the commercial and financial operations or intellectual property
of the company.
(b) Attest that the information
has not been publicly disseminated at any time.
(c) Describe how disclosure of the
information may put the company at a competitive disadvantage.
(4) Any information not disclosed
due to the provisions of section 455(6), 457(6), or 459(6) of the Michigan
business tax act, 2007 PA 36,
Sec. 1033. As a condition of
receiving funds in part 1, not later than March 15, the fund shall provide a
report on the activities of the Michigan film and digital media office for the
immediately preceding fiscal year. The report shall be submitted to the
chairpersons of the senate and house of representatives standing committees on appropriations, the chairpersons of
the relevant senate and house of representatives appropriations
subcommittees, the senate and house fiscal agencies, and the state budget
office. The report shall include, but not be limited to, a listing of all
projects the Michigan film and digital media office provided assistance on, a
listing of the services provided for each project, and an estimate of
investment leveraged.
Sec. 1034. Each business incubator
or accelerator that received an award from the fund shall maintain and update a
dashboard of indicators to measure the effectiveness of the business incubator
and accelerator programs. Indicators shall include the direct jobs created, new
companies launched as a direct result of business incubator or accelerator
involvement, businesses expanded as a direct result of business incubator or
accelerator involvement, direct investment in client companies, private equity
financing obtained by client companies, grant funding obtained by client
companies, and other measures developed by the recipient business incubators
and accelerators in conjunction with the MEDC. Dashboard indicators shall be
reported for the prior fiscal year and cumulatively, if available. Each
recipient shall submit a copy of their dashboard indicators to the fund by
March 1. The fund shall transmit the local reports to the chairpersons of the
senate and house of representatives standing
committees on appropriations, the relevant senate and house of representatives
appropriations subcommittees, the senate and
house fiscal agencies, and the state budget director by March 15.
Sec. 1035. (1) From the
appropriations in part 1, the Michigan council for arts and cultural affairs
shall administer an arts and cultural grant program that maintains an equitable
geographic distribution of funding and utilizes past arts and cultural grant
programs as a guideline for administering this program. The council shall do
all of the following:
(a) On or before October 1, the
council shall publish proposed application criteria, instructions, and forms
for use by eligible applicants. The council shall provide at least a 2-week
period for public comment before finalizing the application criteria,
instructions, and forms.
(b) A
nonrefundable application fee may be assessed for each application. Application
fees shall be deposited in the council for the arts fund and are appropriated for expenses
necessary to administer the programs. These funds are available for expenditure
when they are received and may be carried forward to the following fiscal year.
(c) Grants are to be made to
public and private arts and cultural entities.
(d) Within 1 business day after
the award announcements, the council shall provide to each member of the
legislature and the fiscal agencies a list of all grant recipients and the
total award given to each recipient, sorted by county.
(e) In addition to the
information in subdivision (d), the council shall report on the number of
applications received, number of grants awarded, total amount requested from
applications received, and total amount of grants awarded.
(2) The appropriation in part 1
for arts and cultural program shall not be used for the administration of the
grant program.
Sec. 1036. (1) The general
fund/general purpose funds appropriated in part 1 to the fund for business attraction and community revitalization shall be
transferred to the 21st century jobs trust fund per section 90b(3)
of the Michigan strategic fund act, 1984 PA 270, MCL 125.2090b.
(2) Funds transferred to the
21st century jobs trust fund under subsection (1) are appropriated and
available for allocation as authorized in the Michigan strategic fund act, 1984
PA 270, MCL 125.2001 to 125.2094.
Sec. 1041. From the funds
appropriated in part 1 for business attraction and community revitalization,
the fund shall request the transfer by the state treasurer of not more than 60%
of the funds prior to April 1.
Sec. 1042. For the funds
appropriated in part 1 for business attraction and community revitalization,
the fund shall report quarterly on the amount of funds considered appropriated,
pre-encumbered, encumbered, and expended. The report shall also include a
listing of all previous appropriations for business attraction and community revitalization, or a predecessor,
that were considered appropriated, pre-encumbered, encumbered, or expended that have lapsed back to the fund for
any purpose. The report shall be submitted to the chairpersons of the
senate and house of representatives standing committees on appropriations, the
chairpersons of the relevant senate and house of representatives appropriations
subcommittees, the senate and house fiscal agencies, and the state budget
director.
Sec. 1043. (1) The fund, in
conjunction with the department of treasury, shall report to the chairpersons
of the senate and house of representatives standing committees on
appropriations, the relevant senate and house of representatives appropriations
subcommittees, the senate and house fiscal agencies, and the state budget
director by November 1 on the annual cost of the MEGA tax credits. The report
shall include for each year the board-approved credit amount, adjusted for
credit amendments where applicable, and the actual and projected value of tax
credits for each year from 1995 to the expiration of the credit program. For
years for which credit claims are complete, the report shall include the total
of actual certificated credit amounts. For years for which claims are still
pending or not yet submitted, the report shall include a combination of actual
credits where available and projected credits. Credit projections shall be
based on updated estimates of employees, wages, and benefits for eligible
companies.
(2) In addition to the report
under subsection (1), the fund, in conjunction with the department of
treasury, shall report to the relevant senate and house of representatives
appropriations subcommittees, the senate and house fiscal agencies, and the
state budget director by November 1 on the annual cost of all other
certificated credits by program, for each year until the credits expire or can
no longer be collected. The report shall include estimates on the brownfield
redevelopment credit, film credits, MEGA photovoltaic technology credit, MEGA polycrystalline silicon manufacturing
credit, MEGA vehicle battery credit, and other certificated credits.
Sec. 1044. As a condition of
receiving appropriations in part 1, prior to authorizing the transfer of any
previously authorized tax credit that would increase the liability to this
state, the fund, on behalf of the MSF board,
shall notify the chairpersons of the senate and house of representatives
standing committees on appropria tions, the chairpersons of the relevant
senate and house of representatives appropriations subcommittees, the senate and house fiscal agencies, and the state
budget director not fewer than 30 days prior to the authorization of the
tax credit transfer.
Sec. 1047. (1) From the funds
appropriated in part 1 for Michigan enhancement grants, $1,000,000.00 shall be
awarded to an independent biomedical research and science education
organization in a county with a population between 600,000 and 610,000 and in a
city with a population over 185,000 according to the most recent federal
decennial census to be used for matching federal funds, private and nonprofit
grants, and private contributions.
(2) From the funds appropriated in
part 1 for Michigan enhancement grants, $971,000.00 shall be awarded for a
retirement funding shortfall at an association established to provide services
and support to Michigan s workforce development system located in a county with
a population of between 16,000 and 17,000 according to the most recent federal
decennial census.
(3) From the funds appropriated in
part 1 for Michigan enhancement grants, $166,000.00 shall be distributed to the
electronic recording commission, for grants to counties to facilitate or
upgrade real property e-recording capabilities. Individual grants shall not
exceed $12,000.00 and must require a 10% match from the grant recipient.
(4) From the funds appropriated in
part 1 for Michigan enhancement grants, $662,000.00 shall be awarded to a
nonprofit that operates a program that satisfies all of the following
conditions:
(a) The program provides services
to parolees and probationers assessed by the Michigan department of corrections
as moderate or high-risk to recidivate.
(b) The program provides job
readiness training, transitional employment, job coaching and placement, and
postplacement retention services. As part of the transitional employment
program phase, the nonprofit program shall provide low-skill, crew-based
services to other state agencies.
(c) The program has been
independently and rigorously evaluated and shown to reduce recidivism.
(d) The program demonstrates an
ability to serve multiple jurisdictions across the state of Michigan.
(5) In addition to the funds
appropriated in part 1, the Michigan strategic fund may receive and expend
funds from the Michigan department of transportation; Michigan department of
natural resources; and Michigan department of environment, Great Lakes, and
energy to support the nonprofit program authorized in subsection (4).
Sec. 1048. From the funds
appropriated in part 1 for business attraction and community revitalization,
$10,000,000.00 shall be deposited in the rural jobs and capital investment fund
created under section 90n of the Michigan strategic fund act, 1984 PA 270,
MCL 125.2090n. All funds in the rural jobs and capital investment fund are
appropriated and available for expenditure pursuant to sections 90m through 90r
of the Michigan strategic fund act, 1984 PA 270, MCL 125.2090m to
125.2090r.
Sec. 1050. (1) From the funds
appropriated in part 1 for business attraction and community revitalization,
the fund shall identify specific outcomes and performance measures, including,
but not limited to, the following:
(a) Total
verified jobs created by the business attraction program during the fiscal year
ending September 30, 2020.
(b) Total private
investment obtained through the business attraction and community
revitalization programs during the fiscal year ending September 30, 2020.
(c) Amount of private and public
square footage created and reactivated through the community revitalization
program during the fiscal year ending September 30, 2020.
(2) The fund must submit a report
to the chairpersons of the senate and house of representatives standing committees on appropriations, the relevant senate
and house of representatives appropriations subcommittees, the senate
and house fiscal agencies, and the state budget director by March 15. The
report must describe the specific outcomes and measures required in subsection (1)
and provide the results and data related to these outcomes and measures for the
prior fiscal year if related information is available for the prior fiscal
year.
Sec. 1053. From the funds
appropriated in part 1 for Pure Michigan, up to $500,000.00 shall be used for
last dollars to fund the gap between the total cost of hosting a national
conference for a national council that currently receives association dues from
this state and the total amount privately raised. After the conference has
concluded, any remaining funds shall be used for Pure Michigan activities.
TALENT INVESTMENT AGENCY
Sec. 1060. The talent investment
agency shall administer the PATH training program in accordance with the
requirements of section 407(d) of title IV of the social security act, 42
Sec. 1061. From the funds
appropriated in part 1 for workforce programs subgrantees, the talent
investment agency may allocate funding for grants to nonprofit organizations
that offer programs pursuant to the workforce innovation and opportunity act,
29 USC 3101 to 3361, eligible youth focusing on apprenticeship readiness,
pre-apprenticeship and apprenticeship activities, entrepreneurship,
work-readiness skills, job shadowing, and financial literacy. Organizations
eligible for funding under this section must have the capacity to provide
similar programs in urban areas, as determined by the United States Bureau of
the Census according to the most recent federal decennial census. Additionally,
programs eligible for funding under this section must include the
participation of local business partners. The talent investment agency shall
develop other appropriate eligibility requirements to ensure compliance with
applicable federal rules and regulations.
Sec. 1062.
The talent investment agency shall make available, in person or by telephone, 1
disabled veterans outreach program specialist or local veterans employment representative
to Michigan Works! service centers, as resources permit, during hours of
operation, and shall continue to make the appropriate placement of veterans and
disabled veterans a priority.
Sec. 1063. (1) In addition to
the funds appropriated in part 1, any unencumbered and unrestricted federal
workforce innovation and opportunity act, 29 USC 3101 to 3361, or trade
adjustment assistance funds available from prior fiscal years are appropriated
for the purposes originally intended.
(2) The talent investment agency shall report by February 15 to the
relevant senate and house of representatives appropriations
subcommittees, the senate and house fiscal agencies, and the state budget
director on the amount by fiscal year of federal workforce innovation and
opportunity act, 29 USC 3101 to 3361, funds appropriated under this section.
Sec. 1064. As a condition of
receiving funds appropriated in part 1 for Going pro, the talent investment
agency shall provide a report on Going pro expenditures, by program or grant
type, for the prior fiscal year. In addition, the report shall include
projected expenditures, by program or grant type, for the current fiscal year.
The report shall be posted online and distributed to the chairpersons of the
senate and house of representatives standing committees on appropriations, the
chairpersons of the relevant senate and house of representatives appropriations
subcommittees, the senate and house fiscal agencies, and the state budget
director by March 15.
Sec. 1065. The talent investment
agency shall publish data and reports on March 15 and September 30 on the
agency website concerning the status of career technology and Going pro funded
in part 1. The report shall include the following:
(a) The number of awardees
participating in the program and the names of those awardees organized by major
industry group.
(b) The amount of funding
received by each awardee under the program.
(c) Amount of funding leveraged
from each awardee.
(d) Training models established
by each awardee.
(e) The
number of individuals enrolled in classroom training, on-the-job training, or
new USDOL registered apprentices.
(f) The number of individuals
who completed the program and were hired by awardee.
(g) The number of applications
received and the number of grants awarded for each region.
(h) The talent investment agency
shall expand workforce training and reemployment services to better connect workers to in-demand jobs and identify
specific outcomes with performance metrics for this initiative,
including, but not limited to, new apprenticeships, individuals to be hired and
trained, current employees trained, training completed, and employment
retention rate at 6 months, and hourly wage at 6 months.
Sec. 1066. As a condition of
receiving funds in part 1 for Going pro, the talent investment agency shall
administer the program as follows:
(a) The talent investment agency
shall work cooperatively with grantees to maximize the amount of funds from
part 1 that are available for direct training.
(b) The talent investment
agency, workforce development partners, including regional Michigan Works!
agencies, and employers shall collaborate and work cooperatively to prioritize
and streamline the expenditure of the funds appropriated in part 1. The talent
investment agency shall ensure that Going pro provides a collaborative
statewide network of workforce and employee skill development partners that
addresses the employee talent needs throughout the state.
(c) The talent investment agency
shall ensure that grants are utilized for individual skill enhancement and to
address in-demand talent needs in Michigan.
(d) The talent investment agency
shall develop program goals and detailed guidance for prospective participants
to follow to qualify under the program. The program goals and detailed guidance
shall be posted on the talent investment agency website and distributed to
workforce development partners, including local Michigan Works! agencies, by
October 1. Periodic assessments of employer and employee needs shall be
evaluated on a regional basis, and the talent investment agency shall identify
solutions and goals to be implemented to satisfy those needs. The talent
investment agency shall notify the senate and house of representatives standing
committees on appropriations, the relevant senate and house of representatives
appropriations subcommittees, the senate and house fiscal agencies, and the
state budget director on any program goal, solution, or guidance changes not
fewer than 14 days prior to the finalization and publication of the changes.
Revenue received by the talent investment agency for Going pro may be expended
for the purpose of those programs.
(e) Up to $5,000,000.00 of the
funds may be expended to match federal funds. The intent of these funds will
involve improving and increasing the skill level of employees in skilled trades
in the automotive industry and the manufacturing processes within the changing
manufacturing environment.
Sec. 1067. From the appropriation
in part 1 for Going pro, funds may be deposited into the going pro talent fund
created under section 5 of the going pro talent fund act, 2018 PA 260,
MCL 408.155. All funds in the going pro talent fund are appropriated and
available for expenditure to support the going pro talent program pursuant to
sections 7 and 9 of the going pro talent fund act, 2018 PA 260, MCL
408.157 to 408.159.
Sec. 1068. (1) Of the funds
appropriated in part 1 for the workforce training programs, the talent
investment agency shall provide a report by March 15 to the relevant senate and
house of representatives appropriation subcommittees, the state budget
director, and the senate and house fiscal agencies on the status of the
workforce training programs. The report shall include the following:
(a) The amount of funding
allocated to each Michigan Works! agency and the total funding allocated to the
workforce training programs statewide by fund source.
(b) The number of participants
enrolled in education or training programs by each Michigan Works! agency.
(c) The average duration of
training for training program participants by each Michigan Works! agency.
(d) The number of participants
enrolled in remedial education programs and the number of participants enrolled
in literacy programs.
(e) The number of participants
enrolled in programs at 2-year institutions.
(f) The number of participants
enrolled in programs at 4-year institutions.
(g) The number of participants
enrolled in proprietary schools or other technical training programs.
(h) The number of participants
that have completed education or training programs.
(i) The number of participants who
secured employment in Michigan within 1 year of completing a training program.
(j) The number of participants who
completed a training program and secured employment in a field related to their
training.
(k) The average wage earned by
participants who completed a training program and secured employment within 1
year.
(l) The actual revenues received by the fund source and fund
appropriated for each discrete workforce development program area.
(2) Data collection for the report
shall be for the prior state fiscal year.
Sec. 1069. (1) From the funds
appropriated in part 1 for workforce development programs, $10,000,000.00 is
appropriated for employment and training-related services and to assist Healthy
Michigan plan recipients to secure and maintain training and employment. The
MDLEO shall work with the department of health and human services to coordinate with and complement existing
employment-related services for Healthy Michigan plan recipients.
(2) Funds appropriated in part 1
for workforce development programs may also be used to hire additional
department field staff to educate impacted Healthy Michigan plan recipients on
requirements and available services, make referrals, assess and address barriers
to employment, and manage other caseload-related impacts resulting from the
implementation of sections 107a and 107b of the social welfare act, 1939 PA 280,
MCL 400.107a and 400.107b.
(3) On a monthly basis, the MDLEO
shall report to the senate and house appropriations committees, the senate and
house fiscal agencies, and the state budget office on the implementation of
work engagement requirement employment supports and services. The report shall
include, but not be limited to, all of the following:
(a) The number of recipients
currently receiving employment supports and services under this section.
(b) The total year-to-date number
of recipients who have received employment supports and services under this
section.
(c) The number of recipients who
secured employment in this state after receiving employment supports and
services under this section.
(d) The total year-to-date number
of field staff hired to provide supports and services under this section.
(e) A summary of employment supports
and services provided under this section.
Sec. 1070. (1) From the funds
appropriated in part 1 for Going pro, $750,000.00 must be awarded for a program
to assist adults over the age of 23 in obtaining high school diplomas and
placement in career training programs.
(2) For
purposes of this section, an eligible program provider may be a public,
nonprofit, or private accredited diploma-granting institution, but must have
at least 2 years of experience providing dropout recovery services in the state
of Michigan.
(3) The talent investment agency
shall issue a request for qualifications for eligible program providers to
participate in the pilot program. To be considered a qualified program
provider, the institution must possess all of the following:
(a) Experience providing dropout
reengagement services.
(b) Ability to provide academic
intake assessments.
(c) Capacity to provide an
integrated learning plan.
(d) Course catalog that includes
access to all graduation requirements.
(e) Capability to provide
remediation coursework.
(f) Means to provide academic
resilience assessment and intervention.
(g) Capacity to provide
employability skills development.
(h) Ability to provide WorkKeys
preparation.
(i) Ability to provide industry
credentials.
(j) Capability to provide credit
for on-the-job training.
(k) Access to a robust support
framework, including technology, social support, and academic support
accredited by a recognized accrediting body.
(4) The talent investment agency
shall announce qualified program providers no later than January 1, 2020.
Qualified program providers must start providing programming by February 1,
2020.
(5) The talent investment agency
shall reimburse qualified program providers for each month of satisfactory
monthly progress as described in section 23a of the state school aid act,
1979 PA 94, MCL 388.1623a, at a rate of $500.00 per month. A payment shall
be made to a qualified program provider for the completion of the following by
a pupil:
(a) $500.00 for the completion of
an employability skills certification program equal to at least 1 unit of high
school credit obtained through classroom or online instruction.
(b) $250.00 for the attainment of
an industry-recognized credential requiring up to 50 hours of training.
(c) $500.00 for the attainment of
an industry-recognized credential requiring 50 to 100 hours of training.
(d) $750.00 for the attainment of
an industry-recognized credential requiring more than 100 hours of training.
(e) $1,000.00 for attainment of a high
school diploma.
(f) $2,500.00 for placement in a
job in an in-demand career pathway.
(6) The talent investment agency
shall develop policies and guidelines to implement this section.
Sec. 1071. From the funds
appropriated in part 1 for at-risk youth grants, $3,750,000.00 must be awarded
to the Michigan franchise holder of the national Jobs for America s Graduates
program.
Sec. 1072. (1) From the funds
appropriated in part 1 for high school equivalency-to-school program, the talent investment agency shall allocate
$250,000.00 for the purpose of funding the cost of high school equivalency
testing and certification as provided by
this section. The talent investment agency shall administer a Michigan high school equivalency-to-school program, which
shall cover the cost of providing the high school equivalency test free
of charge to individuals who meet all of the following requirements:
(a) The individual has not
previously been administered a high school equivalency test free of charge under
this section.
(b) The individual meets at least
1 of the following requirements:
(i) Prior to taking the high school
equivalency test, the individual successfully completed a talent investment
agency approved high school equivalency preparation program.
(ii) Prior to taking the high school equivalency test, the
individual completed the official high school equivalency practice test and the
individual s score indicated that he or she is likely to pass.
(2) A talent investment agency
approved high school equivalency preparation program shall include all of the
following:
(a) Instructional and tutorial
assistances.
(b) High school equivalency test
practice.
(c) Required attendance at program
instructional sessions.
(d) A curriculum that prepares
students for opportunities in postsecondary education and the job market.
(e) Information on potential
postsecondary and career pathways.
(f) Counseling on preparing for
and applying to college.
(g) Personal and job readiness
skills development.
(h) Comprehensive information on
college costs and financial aid.
(i) College and career
assessments.
(j) Computer-based instruction,
practice, or remediation.
(3) The talent investment agency
shall post online an announcement of the Michigan high school equivalency-to-school
program, minimum standards for high school equivalency preparation program
approval, and approval procedures.
(4) The talent investment agency
shall do all of the following:
(a) Develop procedures
consistent with this section under which individuals can take the high
school equivalency test without charge.
(b) Provide program information for educators and students on the talent
investment agency website, including explanations of the procedures
developed under this subsection, and contact information for questions about
the program.
(c) Provide an estimate of the
full-year cost of the program to the senate and house appropriations
subcommittees on general government, the senate and house fiscal agencies, and
the state budget director.
(5) By
September 30, the talent investment agency shall report to the relevant senate
and house appropriations subcommittees, the senate and house fiscal agencies, and the state
budget director on utilization of the high school equivalency incentive
program, including numbers of high school equivalency certifications issued by location, year-to-date expenditures, and
numbers of participants qualifying under subsection (1)(b)(i) or (ii), or both.
(6) The unexpended funds
appropriated for the high school equivalency-to-school program are designated
as a work project appropriation, and any unencumbered or unallotted funds shall
not lapse at the end of the fiscal year and shall be available for expenditure
for projects under this section until the projects have been completed.
The following is in compliance with section 451a(1) of the management and
budget act, 1984 PA 431, MCL 18.1451a:
(a) The purpose of the project
is to fund the cost of high school equivalency testing and certification for
certain individuals as provided by this section.
(b) The projects will be
accomplished by utilizing state employees or contracts with private vendors, or
both.
(c) The total estimated cost of
the project is $250,000.00.
(d) The tentative completion
date is September 30, 2024.
Sec. 1073. (1) Unexpended and
unencumbered funds up to a maximum of $275,000.00 remaining in the account
appropriated for the GED-to-school program in 2015 PA 143 are
reappropriated for the fiscal year ending September 30, 2020 for the same
purpose.
(2) The
unexpended funds reappropriated for GED-to-school are designated as a work
project appropriation, and any unencumbered or unallotted funds shall not lapse at the end of
the fiscal year and shall be available for expenditures for projects under this
section until the projects have been completed. The following is in
compliance with section 451a of the management and budget act, 1984 PA 431,
MCL 18.1451a:
(a) The purpose of the project
is to fund the cost of high school equivalency testing and certification for
certain individuals as provided by this section.
(b) The projects will be
accomplished by utilizing state employees or contracts with private vendors, or
both.
(c) The total estimated cost of
the projects is $275,000.00.
(d) The tentative completion
date is September 30, 2024.
Sec. 1076. The department of
labor and economic opportunity shall provide a quarterly report to the members
of the senate and house committees on appropriations, the senate and house
fiscal agencies, and the state budget director that includes, but is not
limited to, the following:
(a) The number of new fraudulent
and noncompliant cases that have been identified or issued by the unemployment
insurance agency, classified by employer or claimant, during the quarter.
(b) The total amount of
penalties and interest issued on fraudulent and noncompliant cases during the
quarter.
(c) The total amount of
penalties and interest dollars received during the quarter by employer or
claimant.
(d) The total amount of
penalties and interest still owed to the state by employer or claimant.
(e) The number of fraudulent and
noncompliant cases that have been appealed by an employer or claimant during
the quarter.
Sec. 1078. (1) From the funds
appropriated in part 1 for the unemployment insurance agency, the talent
investment agency shall maintain customer service standards for employers and
claimants making use of the various means by which they can access the system.
(2) The talent investment agency
shall identify specific outcomes and performance metrics for this initiative,
including, but not limited to, the following:
(a) Unemployment benefit fund
balance.
(b) Process improvement - fiscal
integrity.
(c) Process improvement -
determination timeliness.
(d) Process improvement -
determination quality.
Sec. 1079. (1) The talent
investment agency shall extend the interagency agreement with the department of
health and human services for the duration of the current fiscal year, which
concerns TANF funding to provide job readiness and welfare-to-work programming.
The interagency agreement shall include specific outcome and performance
reporting requirements as described in this section. TANF funding provided to
the talent investment agency in the current fiscal year is contingent on
compliance with the data and reporting requirements described in this section.
The interagency agreement shall require the talent investment agency to provide
all of the following items for the previous year to the senate and house
appropriations committees by January 1 of the current fiscal year:
(a) An itemized spending report on
TANF funding, including all of the following:
(i) Direct services to clients.
(ii) Administrative expenditures.
(b) The number of family
independence program clients served through the TANF funding, including all of
the following:
(i) The number and percentage who obtained employment through
Michigan Works!
(ii) The number and percentage who fulfilled their TANF work
requirement through other job readiness programming.
(iii) Average TANF spending per client.
(iv) The number and percentage of clients who were referred to
Michigan Works! but did not receive a job or job readiness placement and the
reasons why.
(2) Not later than March 15 of the
current fiscal year, the talent investment agency shall provide to the senate and house appropriations subcommittees on
the department budget, the senate and house fiscal agencies, and the
senate and house policy offices an annual report on the following matters
itemized by Michigan Works! agency: the number of referrals to Michigan Works!
job readiness programs, the number of referrals to Michigan Works! job
readiness programs who became a participant in the Michigan Works! job
readiness programs, the number of participants who obtained employment, and the
cost per participant case.
Sec. 1080. (1) From the funds
appropriated in part 1 for community ventures, the department may expend not
more than $1,000,000.00 of the funds as matching funds upon the commitment of
matching dollars from private sources. For every $1.00 the department elects to
receive from a private source for the purposes of a community ventures program
match, the talent investment agency shall expend $1.00 from the appropriation
in part 1 up to $1,000,000.00. Funds received from private sources for a
community ventures program match are appropriated upon receipt and shall be
expended for the purposes of the community ventures program.
(2) The department shall identify
specific outcomes and performance measures for this initiative, including, but
not limited to, the following:
(a) The number of commitments from
private sources, including the dollar amount committed and source.
(b) Additional participants served
with challenge funds.
(c) Jobs created and the average
wage.
STATE BUILDING AUTHORITY
Sec. 1100. (1) Subject to section 242
of the management and budget act, 1984 PA 431,
(2) Upon sale of bonds or notes for
the projects identified in part 1 or for equipment as authorized by a
legislative appropriation act and in this section, the state building authority
shall credit the general fund of the state an amount equal to that expended
from the general fund plus interest, if any, as defined in this section.
(3) For state building authority
projects for which bonds or notes have been issued and upon the request of the
state building authority, the state treasurer shall make advances without
interest from the general fund as necessary to meet cash flow requirements for
the projects, which advances shall be reimbursed by the state building
authority when the investments earmarked for the financing of the projects
mature.
(4) In the event that a project
identified in part 1 is terminated after final design is complete, advances
made on behalf of the state building authority for the costs of final design
shall be repaid to the general fund in a manner recommended by the director.
Sec. 1102. (1) State building authority
funding to finance construction or renovation of a facility that collects
revenue in excess of money required for the operation of that facility shall
not be released to a university or community college unless the institution
agrees to reimburse that excess revenue to the state building authority. The
excess revenue shall be credited to the general fund to offset rent obligations
associated with the retirement of bonds issued for that facility. The auditor
general shall annually identify and present an audit of those facilities that
are subject to this section. Costs associated with the administration of the
audit shall be charged against money recovered pursuant to this section.
(2) As used in this section, revenue
includes state appropriations, facility opening money, other state aid,
indirect cost reimbursement, and other revenue generated by the activities of
the facility.
Sec. 1103. The state building
authority shall provide to the JCOS and senate and house fiscal agencies a
report relative to the status of construction projects associated with state
building authority bonds as of September 30 of each year, on or before October
15, or not more than 30 days after a refinancing or restructuring bond issue is
sold. The report shall include, but is not limited to, the following:
(a) A list of all completed
construction projects for which state building authority bonds have been sold,
and which bonds are currently active.
(b) A list of all projects under
construction for which sale of state building authority bonds is pending.
(c) A list of all projects
authorized for construction or identified in an appropriations act for which
approval of schematic/preliminary plans or total authorized cost is pending
that have state building authority bonds identified as a source of financing.
REVENUE STATEMENT
Sec. 1201. Pursuant to section 18
of article V of the state constitution of 1963, fund balances and estimates are
presented in the following statement:
BUDGET RECOMMENDATIONS BY OPERATING FUNDS
(Amounts in millions)
Fiscal Year 2019-2020
Beginning Estimated Ending
Balance Revenue Balance
OPERATING FUNDS
General fund/general
purpose................................. 237.5 10,585.5 8.3
School aid fund..................................................... 40.3 15,829.9 3.3
Federal aid............................................................ 0.0 20,823.2 0.0
Transportation funds.............................................. 0.0 7,333.2 0.0
Special revenue funds............................................ 1,139.7 6,627.9 0.0
Other funds.......................................................... 1,151.7 207.1 1,358.8
TOTALS.............................................................. $2,569.2 $61,406.8 $1,370.4
PART 2A
PROVISIONS CONCERNING APPROPRIATIONS
FOR FISCAL YEAR 2018-2019
GENERAL SECTIONS
Sec. 1501. Pursuant to section 30
of article IX of the state constitution of 1963, total state spending from
state sources under part 1A for the fiscal year ending September 30, 2019 is
$187,208,000.00 and total state spending from state sources to be paid to local
units of government is $29,655,100.00.
Sec. 1502. The appropriations made
and expenditures authorized under this part and the departments, commissions,
boards, offices, and programs for which appropriations are made under this part
and part 1A, are subject to the management and budget act, 1984 PA 431,
MCL 18.1101 to 18.1594.
DEPARTMENT OF AGRICULTURE AND RURAL DEVELOPMENT
Sec. 1505. The unexpended funds
appropriated in part 1a for industrial hemp research and development are
designated as a work project appropriation and any unencumbered or unallotted
funds shall not lapse at the end of the fiscal year and shall be available for
expenditure for projects under this section until the projects have been
completed. The following is in compliance with section 451a of the
management and budget act, 1984 PA 431, MCL 18.1451a:
(a) The purpose of the project is
to implement industrial hemp pilot research programs.
(b) This project will be
accomplished by utilizing state employees or contracts with service providers,
or both.
(c) The total estimated cost of
the project is $1,277,000.00.
(d) The estimated completion date
is September 30, 2021.
DEPARTMENT OF ATTORNEY GENERAL
Sec. 1511. The unexpended funds
appropriated in part 1a for attorney general operations are designated as a
work project appropriation and any unencumbered or unallotted funds shall not
lapse at the end of the fiscal year and shall be available for expenditure for
projects under this section until the projects have been completed. The
following is in compliance with section 451a of the management and budget
act, 1984 PA 431, MCL 18.1451a:
(a) The purpose of the project is
investigation and enforcement regarding environmental contaminants, including
perfluoroalkyl and polyfluoroalkyl substances.
(b) This
project will be accomplished by utilizing state employees or contracts with
service providers, or both.
(c) The total estimated cost of
the project is $700,000.00.
(d) The estimated completion date
is September 30, 2022.
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Sec. 1521. (1) From the funds
appropriated in part 1a for hospital services and therapy, the department of
health and human services shall appropriate $3,000,000.00 general fund/general
purpose revenue as a grant to a nonprofit Michigan health system organized
under the laws of this state that is exempt from federal income tax under section 501(c)(3)
of the internal revenue code of 1986, 26 USC 501 that operates not less than 3
licensed adult psychiatric inpatient programs located in counties with a
population not less than 1,000,000 and with a planned new hospital dedicated to
mental health located in a city with a population between 98,000 and 98,500
according to the most recent decennial census for the purpose of supporting a
new psychiatric residency training program. The grant must be distributed in
full 30 days after the effective date of this act.
(2) Unexpended funds up to
$3,000,000.00 appropriated in part 1A for hospital services and therapy are
designated as a work project appropriation and any unencumbered or unallotted
funds shall not lapse at the end of the fiscal year and shall be available for
expenditure for projects under this section until the projects have been
completed. The following is in compliance with section 451a of the
management and budget act, 1984 PA 431, MCL 18.1451a:
(a) The purpose of the project is
to support a psychiatric residency program operated by a nonprofit Michigan
health system described in this section.
(b) This project will be
accomplished by utilizing contracts with service providers.
(c) The total estimated cost of
the project is $3,000,000.00.
(d) The estimated completion date
is November 30, 2019.
DEPARTMENT OF STATE POLICE
Sec. 1531. The unexpended funds
appropriated in part 1a for active violence response training are designated as
a work project appropriation and any unencumbered or unallotted funds shall not
lapse at the end of the fiscal year and shall be available for expenditure for
projects under this section until the projects have been completed. The
following is in compliance with section 451a of the management and budget
act, 1984 PA 431, MCL 18.1451a:
(a) The purpose of the project is
to train law enforcement personnel on responses to active violence situations.
(b) This
project will be accomplished by utilizing state employees or contracts with
service providers, or both.
(c) The total estimated cost of
the project is $1,927,600.00.
(d) The estimated completion date
is September 30, 2022.
REPEALER
Sec. 1551. Section 462 of 2018 PA 618
is repealed.
Third: That the Senate and House
agree to the title of the bill to read as follows:
A bill to make appropriations for
the legislature, the executive, the department of the attorney general, the
department of state, the department of treasury, the department of technology,
management, and budget, the department of civil rights, the department of labor
and economic opportunity, and certain other state purposes for the fiscal year
ending September 30, 2020; to supplement appropriations for certain state
departments and certain other state purposes for the fiscal year ending
September 30, 2019; to provide for the expenditure of the appropriations; to
provide for the disposition of fees and other income received by the state
agencies; to repeal acts and parts of acts; and to declare the effect of this
act.
Jim
Stamas
Roger
Victory
Conferees
for the Senate
Mark
E. Huizenga
Sarah
L. Lightner
Conferees
for the House
The
question being on the adoption of the conference report,
Roll Call No. 236 Yeas 59
Afendoulis Filler LaFave Schroeder
Albert Frederick Leutheuser Sheppard
Alexander Glenn Lightner Slagh
Allor Green Lilly VanSingel
Anthony Griffin Lower VanWoerkom
Bellino Hall Maddock Vaupel
Berman Hauck Marino Wakeman
Bollin Hernandez Markkanen Webber
Brann Hoitenga Meerman Wendzel
Calley Hornberger Miller Wentworth
Chatfield Howell Mueller Whiteford
Cole Huizenga O Malley Whitsett
Crawford Iden Paquette Wozniak
Eisen Johnson, S. Reilly Yaroch
Farrington Kahle Rendon
Nays 49
Bolden Garza Kennedy Rabhi
Brixie Gay-Dagnogo Koleszar Robinson
Byrd Greig Kuppa Sabo
Cambensy Guerra LaGrand Shannon
Camilleri Haadsma Lasinski Sneller
Carter,
T. Hammoud Liberati Sowerby
Cherry Hertel Love Stone
Chirkun Hoadley Manoogian Tate
Clemente Hood Neeley Warren
Coleman Hope Pagan Wittenberg
Elder Johnson, C. Peterson Witwer
Ellison Jones Pohutsky Yancey
Garrett
In The Chair: Wentworth
Rep.
Cole moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
First Conference Report
The Committee of Conference on the
matters of difference between the two Houses concerning
House
Bill No. 4232, entitled
A bill to make appropriations for
the department of education for the fiscal year ending September 30, 2020; and
to provide for the expenditure of the appropriations.
Recommends:
First: That the Senate recede from
the Substitute of the Senate as passed by the Senate.
Second: That the House and Senate
agree to the Substitute of the House as passed by the House, amended to read as
follows:
A bill to make appropriations for
the department of education for the fiscal year ending September 30, 2020; and
to provide for the expenditure of the appropriations.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
PART 1
LINE-ITEM APPROPRIATIONS
Sec. 101. There is appropriated
for the department of education for the fiscal year ending September 30, 2020,
from the following funds:
DEPARTMENT OF EDUCATION
APPROPRIATION SUMMARY
Full-time equated unclassified
positions......................................................... 6.0
Full-time equated classified
positions........................................................ 614.5
[Please see the PDF version of this journal, if available, to view this image.]
GROSS APPROPRIATION............................................................................... $ 419,794,500
Interdepartmental grant revenues:
Total interdepartmental grants and
intradepartmental transfers................................ 0
ADJUSTED GROSS APPROPRIATION............................................................ $ 419,794,500
Federal revenues:
Total federal revenues........................................................................................ 315,352,900
Special revenue funds:
Total local revenues........................................................................................... 5,893,400
Total private revenues........................................................................................ 2,036,200
Total other state restricted
revenues..................................................................... 9,300,000
State general fund/general purpose...................................................................... $ 87,212,000
Sec. 102. STATE BOARD OF
EDUCATION/OFFICE OF THE
SUPERINTENDENT
Full-time equated unclassified
positions......................................................... 6.0
Full-time equated classified
positions.......................................................... 11.0
Unclassified positions 6.0 FTE positions........................................................... $ 226,000
Education commission of the states..................................................................... 30,200
State board of education, per diem
payments........................................................ 6,100
State board/superintendent
operations 11.0 FTE positions................................... 556,100
GROSS APPROPRIATION............................................................................... $ 818,400
Appropriated from:
Federal revenues:
Federal revenues................................................................................................ 60,500
Special revenue funds:
Private foundations............................................................................................ 7,000
Certification fees............................................................................................... 198,100
State general fund/general purpose...................................................................... $ 552,800
Sec. 103. DEPARTMENTAL
ADMINISTRATION AND SUPPORT
Full-time equated classified
positions.......................................................... 47.6
Central support operations 38.6
FTE positions................................................... $ 1,497,000
Federal and private grants................................................................................... 750,000
Grant and contract operations 9.0
FTE positions................................................. 678,000
Property management........................................................................................ 874,900
Terminal leave payments.................................................................................... 88,300
Training and orientation workshops..................................................................... 37,500
Worker s compensation...................................................................................... 6,900
GROSS APPROPRIATION............................................................................... $ 3,932,600
Appropriated from:
Federal revenues:
Federal indirect funds......................................................................................... 719,800
Federal revenues................................................................................................ 1,530,000
Special revenue funds:
Private foundations............................................................................................ 250,000
Certification fees............................................................................................... 140,500
Teacher testing fees........................................................................................... 1,100
Training and orientation workshop
fees................................................................ 37,500
State general fund/general purpose...................................................................... $ 1,253,700
Sec. 104. INFORMATION TECHNOLOGY
Information technology services
and projects........................................................ $ 1,162,700
GROSS APPROPRIATION............................................................................... $ 1,162,700
Appropriated from:
Federal revenues:
Federal indirect funds......................................................................................... 473,300
Federal revenues................................................................................................ 160,000
Special revenue funds:
Certification fees............................................................................................... 178,100
State general fund/general purpose...................................................................... $ 351,300
[Please see the PDF version of this journal, if available, to view this image.]
Sec. 105. SPECIAL EDUCATION SERVICES
Full-time equated classified
positions.......................................................... 47.0
Special education operations 47.0
FTE positions................................................ $ 2,288,200
GROSS APPROPRIATION............................................................................... $ 2,288,200
Appropriated from:
Federal revenues:
Federal revenues................................................................................................ 2,140,300
Special revenue funds:
Private foundations............................................................................................ 27,500
Certification fees............................................................................................... 11,500
State general fund/general purpose...................................................................... $ 108,900
Sec. 106. MICHIGAN SCHOOLS FOR THE
DEAF AND BLIND
Full-time equated classified
positions.......................................................... 82.0
Camp Tuhsmeheta 1.0 FTE position................................................................. $ 74,500
Low incidence outreach program......................................................................... 250,000
Michigan schools for the deaf and
blind operations 81.0 FTE positions................. 3,379,000
Private gifts - blind............................................................................................ 50,000
Private gifts - deaf............................................................................................. 37,500
GROSS APPROPRIATION............................................................................... $ 3,791,000
Appropriated from:
Federal revenues:
Federal revenues................................................................................................ 1,882,300
Special revenue funds:
Local cost sharing (schools for
deaf/blind)........................................................... 1,473,400
Gifts, bequests, and donations............................................................................. 162,000
Low incidence outreach fund.............................................................................. 250,000
Student insurance revenue.................................................................................. 23,300
State general fund/general purpose...................................................................... $ 0
Sec. 107. EDUCATOR EXCELLENCE
Full-time equated classified
positions.......................................................... 48.0
Educator excellence operations 48.0
FTE positions............................................. $ 2,709,200
GROSS APPROPRIATION............................................................................... $ 2,709,200
Appropriated from:
Federal revenues:
Federal revenues................................................................................................ 1,163,600
Special revenue funds:
Certification fees............................................................................................... 993,100
Teacher testing fees........................................................................................... 48,300
State general fund/general purpose...................................................................... $ 504,200
Sec. 108. MICHIGAN OFFICE OF GREAT
START
Full-time equated classified
positions.......................................................... 66.0
Child development and care
contracted services.................................................... $ 3,100,000
Child development and care
external support........................................................ 7,268,200
Child development and care public assistance....................................................... 54,250,000
Head start collaboration office 1.0
FTE position................................................. 79,200
Office of great start operations 65.0
FTE positions............................................. 3,342,400
T.E.A.C.H. Early Childhood
Michigan scholarship program.................................. 1,250,000
GROSS APPROPRIATION............................................................................... $ 69,289,800
Appropriated from:
Federal revenues:
Federal revenues................................................................................................ 58,723,100
Special revenue funds:
Private foundations............................................................................................ 62,500
Certification fees............................................................................................... 16,100
State general fund/general purpose...................................................................... $ 10,488,100
Sec. 109. SYSTEMS, EVALUATION, AND
TECHNOLOGY
Full-time equated classified
positions.......................................................... 10.0
Office of systems, evaluation, and
technology operations 10.0 FTE positions........ $ 498,300
GROSS APPROPRIATION............................................................................... $ 498,300
[Please see the PDF version of this journal, if available, to view this image.]
Appropriated from:
Federal revenues:
Federal indirect funds......................................................................................... 35,100
Federal revenues................................................................................................ 244,200
Special revenue funds:
Certification fees............................................................................................... 2,700
State general fund/general purpose...................................................................... $ 216,300
Sec. 110. STRATEGIC PLANNING AND
IMPLEMENTATION
Full-time equated classified
positions............................................................ 6.0
Strategic planning and
implementation operations 6.0 FTE positions.................... $ 265,400
GROSS APPROPRIATION............................................................................... $ 265,400
Appropriated from:
Federal revenues:
Federal revenues................................................................................................ 135,400
Special revenue funds:
State general fund/general purpose...................................................................... $ 130,000
Sec. 111. ADMINISTRATIVE LAW
SERVICES
Full-time equated classified
positions............................................................ 2.0
Administrative law operations 2.0
FTE positions................................................ $ 350,600
GROSS APPROPRIATION............................................................................... $ 350,600
Appropriated from:
Federal revenues:
Federal revenues................................................................................................ 143,400
Special revenue funds:
Certification fees............................................................................................... 181,200
State general fund/general purpose...................................................................... $ 26,000
Sec. 112. ACCOUNTABILITY SERVICES
Full-time equated classified
positions.......................................................... 63.6
Accountability services operations 63.6
FTE positions........................................ $ 3,677,700
GROSS APPROPRIATION............................................................................... $ 3,677,700
Appropriated from:
Federal revenues:
Federal revenues................................................................................................ 3,127,900
State general fund/general purpose...................................................................... $ 549,800
Sec. 113. SCHOOL SUPPORT SERVICES
Full-time equated classified
positions.......................................................... 74.6
Adolescent and school health.............................................................................. $ 80,000
School support services operations 74.6
FTE positions........................................ 3,391,000
GROSS APPROPRIATION............................................................................... $ 3,471,000
Appropriated from:
Federal revenues:
Federal revenues................................................................................................ 3,112,200
Special revenue funds:
Commodity distribution fees............................................................................... 17,900
State general fund/general purpose...................................................................... $ 340,900
Sec. 114. EDUCATIONAL SUPPORTS
Full-time equated classified
positions.......................................................... 82.7
Educational supports operations 82.7
FTE positions........................................... $ 3,791,000
GROSS APPROPRIATION............................................................................... $ 3,791,000
Appropriated from:
Federal revenues:
Federal revenues................................................................................................ 2,762,200
Special revenue funds:
Certification fees............................................................................................... 150,600
State general fund/general purpose...................................................................... $ 878,200
Sec. 115. CAREER AND TECHNICAL
EDUCATION
Full-time equated classified
positions.......................................................... 28.0
Career and technical education
operations 28.0 FTE positions............................. $ 1,340,000
GROSS APPROPRIATION............................................................................... $ 1,340,000
[Please see the PDF version of this journal, if available, to view this image.]
Appropriated from:
Federal revenues:
Federal revenues................................................................................................ 993,100
State general fund/general purpose...................................................................... $ 346,900
Sec. 116. LIBRARY OF MICHIGAN
Full-time equated classified
positions.......................................................... 33.0
Library of Michigan operations 31.0
FTE positions............................................ $ 1,239,700
Library services and technology
program 1.0 FTE position.................................. 1,403,100
Michigan eLibrary 1.0 FTE position................................................................. 440,400
Renaissance zone reimbursements....................................................................... 550,000
State aid to libraries........................................................................................... 3,017,000
GROSS APPROPRIATION............................................................................... $ 6,650,200
Appropriated from:
Federal revenues:
Federal revenues................................................................................................ 1,403,100
Special revenue funds:
Library fees...................................................................................................... 75,000
State general fund/general purpose...................................................................... $ 5,172,100
Sec. 117. PARTNERSHIP DISTRICT
SUPPORT
Full-time equated classified
positions.......................................................... 13.0
Partnership district support
operations 13.0 FTE positions................................... $ 912,600
GROSS APPROPRIATION............................................................................... $ 912,600
Appropriated from:
Federal revenues:
Federal revenues................................................................................................ 28,600
State general fund/general purpose...................................................................... $ 884,000
Sec. 118. DEPARTMENT
ADMINISTRATIVE RESERVE FUNDS
Department administrative reserve
fund 1............................................................. $ 104,948,600
Department administrative reserve
fund 2............................................................. 104,948,600
Department administrative reserve
fund 3............................................................. 104,948,600
GROSS APPROPRIATION............................................................................... $ 314,845,800
Appropriated from:
Federal revenues:
Federal indirect revenues.................................................................................... 3,684,800
Federal revenues................................................................................................ 232,830,000
Special revenue funds:
Local cost sharing (schools for
deaf/blind)........................................................... 4,420,000
Gifts, bequests, and donations............................................................................. 486,000
Private foundations............................................................................................ 1,041,200
Certification fees............................................................................................... 5,615,400
Commodity distribution fees............................................................................... 53,800
Library fees...................................................................................................... 225,000
Low incidence outreach fund.............................................................................. 750,000
Student insurance revenue.................................................................................. 70,000
Teacher testing fees........................................................................................... 148,300
Training and orientation workshop
fees................................................................ 112,500
State general fund/general purpose...................................................................... $ 65,408,800
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
FOR FISCAL YEAR 2019-2020
GENERAL SECTIONS
Sec. 201. Pursuant to section 30
of article IX of the state constitution of 1963, total state spending from
state sources under part 1 for fiscal year 2019-2020 is $96,512,000.00 and
state spending from state sources to be paid to local units of government for
fiscal year 2019-2020 is $14,267,700.00. The itemized statement below
identifies appropriations from which spending to local units of government will
occur:
DEPARTMENT OF EDUCATION
Renaissance zone reimbursements....................................................................... $ 2,200,000
State aid to libraries........................................................................................... 12,067,700
Total department of education............................................................................. $ 14,267,700
Sec. 202. The appropriations
authorized under this part and part 1 are subject to the management and budget
act, 1984 PA 431, MCL 18.1101 to 18.1594.
Sec. 203. As used in this part
and part 1:
(a) Department means the
Michigan department of education.
(b) District means a local
school district as that term is defined in section 6 of the revised school
code, 1976 PA 451, MCL 380.6, or a public school academy as that term is
defined in section 5 of the revised school code, 1976 PA 451, MCL
380.5.
(c) FTE means full-time
equated.
Sec. 204. The departments and
agencies receiving appropriations in part 1 shall use the internet to fulfill
the reporting requirements of this part. This requirement may include
transmission of reports via electronic mail to the recipients identified for
each reporting requirement, or it may include placement of reports on an
internet or intranet site.
Sec. 205. Funds appropriated in
part 1 shall not be used for the purchase of foreign goods or services, or
both, if competitively priced and of comparable quality American goods or
services, or both, are available. Preference shall be given to goods or
services, or both, manufactured or provided by Michigan businesses, if they are
competitively priced and of comparable quality. In addition, preference should
be given to goods or services, or both, that are manufactured or provided by
Michigan businesses owned and operated by veterans, if they are competitively
priced and of comparable quality.
Sec. 206. The state
superintendent of public instruction shall take all reasonable steps to ensure
businesses in deprived and depressed communities compete for and perform
contracts to provide services or supplies, or
both. The state superintendent of public instruction shall strongly encourage
firms with which the department contracts to subcontract with certified
businesses in depressed and deprived communities for services, supplies, or
both.
Sec. 207. The departments and
agencies receiving appropriations in part 1 shall prepare a report on out‑of‑state
travel expenses not later than January 1 of each year. The travel report shall be
a listing of all travel by classified and unclassified employees outside this
state in the immediately preceding fiscal year that was funded in whole or in
part with funds appropriated in the department s budget. The report shall be
submitted to the senate and house appropriations committees, the house and
senate fiscal agencies, and the state budget director. The report must include
the following information:
(a) The dates of each travel
occurrence.
(b) The transportation and
related costs of each travel occurrence, including the proportion funded with
state general fund/general purpose revenues, the proportion funded with state
restricted revenues, the proportion funded with federal revenues, and the
proportion funded with other revenues.
Sec. 208. Funds appropriated in
part 1 shall not be used by a principal executive department, state agency, or
authority to hire a person to provide legal services that are the
responsibility of the attorney general. This prohibition does not apply to
legal services for bonding activities and for those outside services that the
attorney general authorizes.
Sec. 209. Not later than
November 30, the state budget office shall prepare and transmit a report that
provides for estimates of the total general fund/general purpose appropriation
lapses at the close of the prior fiscal year. This report shall summarize the
projected year-end general fund/general purpose appropriation lapses by major
departmental program or program areas. The report shall be transmitted to the
chairpersons of the senate and house appropriations committees and the senate
and house fiscal agencies.
Sec. 210. (1) In addition to the
funds appropriated in part 1, there is appropriated an amount not to exceed
$5,000,000.00 for federal contingency funds. These funds are not available for
expenditure until they have been transferred to another line item in part 1
under section 393(2) of the management and budget act, 1984 PA 431,
MCL 18.1393.
(2) In
addition to the funds appropriated in part 1, there is appropriated an amount
not to exceed $400,000.00 for state restricted contingency funds. These funds are not available
for expenditure until they have been transferred to another line item in part 1
under section 393(2) of the management and budget act, 1984 PA 431,
MCL 18.1393.
(3) In
addition to the funds appropriated in part 1, there is appropriated an amount
not to exceed $250,000.00 for local contingency funds. These funds are not available for
expenditure until they have been transferred to another line item in part 1
under section 393(2) of the management and budget act, 1984 PA 431,
MCL 18.1393.
(4) In
addition to the funds appropriated in part 1, there is appropriated an amount
not to exceed $1,500,000.00 for private contingency funds. These funds are not available for
expenditure until they have been transferred to another line item in part 1
under section 393(2) of the management and budget act, 1984 PA 431,
MCL 18.1393.
Sec. 211. The department shall
cooperate with the department of technology, management, and budget to maintain
a searchable website accessible by the public at no cost that includes, but is
not limited to, all of the following for each department or agency:
(a) Fiscal year-to-date
expenditures by category.
(b) Fiscal year-to-date
expenditures by appropriation unit.
(c) Fiscal year-to-date payments
to a selected vendor, including the vendor name, payment date, payment amount,
and payment description.
(d) The number of active
department employees by job classification.
(e) Job specifications and wage
rates.
Sec. 212. Within 14 days after
the release of the executive budget recommendation, the department shall
cooperate with the state budget office to provide the senate and house
appropriations chairs, the chairs of the senate and house appropriations
subcommittees responsible for the department budget, 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, 2019 and September 30,
2020.
Sec. 213. The department shall
maintain, on a publicly accessible website, a department scorecard that
identifies, tracks, and regularly updates key metrics that are used to monitor
and improve the department s performance.
Sec. 214. Total authorized
appropriations from all sources under part 1 for legacy costs for the fiscal
year ending September 30, 2020 are estimated at $14,654,400.00. From this
amount, total agency appropriations for pension-related legacy costs are
estimated at $7,123,800.00. Total agency appropriations for retiree health care
legacy costs are estimated at $7,530,600.00.
Sec. 215. The department shall
provide through the internet the state board of education agenda and all
supporting documents, and shall notify the state budget director and the senate
and house fiscal agencies that the agenda and supporting documents are
available on the internet, at the time the agenda and supporting documents are
provided to state board of education members.
Sec. 217. The department may
assist the department of health and human services, other departments, and
local school districts to secure reimbursement for eligible services provided in
Michigan schools from the federal Medicaid program. The department may submit
reports of direct expenses related to this effort to the department of health
and human services for reimbursement.
Sec. 219. From the funds
appropriated in part 1, the department shall ensure that kindergarten benchmark
data include a method for information to be provided regarding a child s
participation in the great start readiness program.
Sec. 220. The department shall
post on its website a link to the federal Institute of Education Sciences What Works Clearinghouse. The department also
shall work to disseminate knowledge about the What Works Clearinghouse
to districts and intermediate districts so that it may be used to improve
reading proficiency for pupils in grades K to 3.
Sec. 222. 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. 223. The department and
agencies receiving appropriations in part 1 shall receive and retain copies of
all reports funded from appropriations in part 1. Federal and state guidelines
for short-term and long-term retention of records shall be followed. The
department may electronically retain copies of reports unless otherwise
required by federal and state guidelines.
Sec. 225. (1) From the funds
appropriated in part 1, the department must comply with section 17c of the
state school aid act of 1979, 1979 PA 94, MCL 388.1617c.
(2) If the
department fails to comply with subsection (1), the state funds
appropriated in part 1 for unclassified positions, state board/superintendent operations,
and grant and contract operations shall each be reduced by 2.5%.
Sec. 226. From the funds
appropriated in part 1, the department shall coordinate with the other
departments to streamline state services and resources, reduce duplication, and
increase efficiency. This includes, but is not limited to, working with the
department of treasury to coordinate with the financial independence team and overseeing deficit districts and working with
the department of health and human services and department of licensing
and regulatory affairs to coordinate with early childhood programs and
overseeing child care providers.
Sec. 227. (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. 229. The department shall
not enter into a contract funded under part 1 that exceeds $1,000,000.00, submit federal accountability plans, or request
amendments to federal accountability plans until after notification of
the content to both the house and senate appropriations committees and the
state budget director.
Sec. 230. From the funds
appropriated in part 1, the department shall compile a report that identifies
any new, or lack thereof, mandates required of nonpublic schools. In compiling
the report, the department may consult with relevant statewide education
associations in Michigan. The report compiled by the department shall indicate
the type of mandate, including, but not limited to, student health, student or
building safety, accountability, and educational requirements, and shall
indicate whether a school has to report on the specified mandates. The report required under this section shall be
completed by April 1, 2020 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,
2020.
Sec. 231. From the funds
appropriated in part 1, the department shall collect information from all
school districts, intermediate school districts, and public school academies
that have not adopted any policies that were specified by section 12b of
the child protection law, 1975 PA 238, MCL 722.632b, during the fiscal
year ending September 30, 2018, or that adopted new policies specified by section 12b
of the child protection law, 1975 PA 238, MCL 722.632b, during the fiscal
year ending September 30, 2019. The information collected shall be reported to
the house and senate appropriations committees, the house and senate fiscal
agencies, and the state budget office. The report shall include a list of each
school district, intermediate school district, and public school academy that
has adopted each policy specified by section 12b of the child protection
law, 1975 PA 238, MCL 722.632b.
Sec. 232. From the funds
appropriated in part 1, the department shall ensure that the most recently
issued report of regional in-demand occupations issued by the department of
technology, management, and budget is distributed in electronic or paper form
to all high schools in each school district, intermediate school district, and
public school academy.
Sec. 233. (1) From the funds
appropriated in part 1, the department shall develop and implement a training
program to provide resources and programming to pupils in grades 9 to 12 who
are interested in a career in teaching and who are members of groups that are
underrepresented in the teaching profession in this state.
(2) The department shall do all
of the following with respect to the training program developed and implemented
under subsection (1):
(a) Create a process for
nomination and admission of pupils to the program.
(b) Advertise the program.
(c) Invite postsecondary
institutions in this state that operate a teacher preparation program to
participate in the training program.
(d) Connect pupils participating
in the program to representatives of teacher preparation programs at
postsecondary institutions in this state.
(e) At least once, conduct
conferences for pupils participating in the program in locations that are
geographically convenient for the majority of pupils attending each conference.
(f) Provide all available
research and resources to pupils and postsecondary institutions participating
in the training program on at least all of the following:
(i) Successful activities and programs for recruiting and retaining
pupils who are members of groups that are underrepresented
in the teaching profession for participation in postsecondary teacher
preparation programs.
(ii) Teacher certification.
(iii) Employment as a teacher.
Sec. 235. From the funds
appropriated in part 1, the department shall compile a report that includes an
itemized list of allocations paid by the department to any association or
consortium consisting of associations in the immediately preceding fiscal year.
The report shall detail the recipient or recipients, the amount allocated, and
the purpose for which the money was distributed. The report required under this
section shall be completed and transmitted not later than December 1, 2019
to the state budget director, the house and senate fiscal agencies, the senate
and house appropriations subcommittees on the department of education, and the
senate and house standing committees on education.
Sec. 236. (1) Funds appropriated
in part 1 for the department administrative reserve fund 1 shall not be
expended unless a legislative transfer request is issued by the state budget
office and the requirements of the legislative transfer process are met under section 393
of the management and budget act, 1984 PA 431, MCL 18.1393.
(2) It is the intent of the
legislature that the department meet all of the following requirements:
(a) The department demonstrates
that the grants in the state school aid act of 1979, 1979 PA 94, MCL
388.1601 to 388.1897l, and federal
grants that have been received by the department are distributed.
(b) The department demonstrates
that a distribution schedule exists for those grants in the state school aid
act of 1979, 1979 PA 94, MCL 388.1601 to 388.1897l, and those federal grants that have not yet been received and are
anticipated before the end of the fiscal year.
(c) The department provides a
report to the house and senate appropriation committees, the house and senate
fiscal agencies, and the state budget office to illustrate how the requested
funds would be utilized.
Sec. 237. (1) Funds appropriated
in part 1 for the department administrative reserve fund 2 shall not be
expended unless a legislative transfer request is issued by the state budget
and the requirements of the legislative transfer process are met under section 393
of the management and budget act, 1984 PA 431, MCL 18.1393.
(2) It is the intent of the
legislature that the department meet all of the following requirements:
(a) The department demonstrates
that the grants in the state school aid act of 1979, 1979 PA 94, MCL
388.1601 to 388.1897l, and federal
grants that have been received by the department are distributed.
(b) The department demonstrates
that a distribution schedule exists for those grants in the state school aid
act of 1979, 1979 PA 94, MCL 388.1601 to 388.1897l, and those federal grants that have not yet been received and are
anticipated before the end of the fiscal year.
(c) The department provides a
report to the house and senate appropriation committees, the house and senate
fiscal agencies, and the state budget office to illustrate how the requested
funds would be utilized.
(d) By March 31, 2020, the
department publishes the information as required by section 1280g of the
revised school code, 1976 PA 451, MCL 380.1280g.
Sec. 238. (1) Funds appropriated
in part 1 for the department administrative reserve fund 3 shall not be
expended unless a legislative transfer request is issued by the state budget
office and the requirements of the legislative transfer process are met under section 393
of the management and budget act, 1984 PA 431, MCL 18.1393.
(2) It is the intent of the
legislature that the department meet all of the following requirements:
(a) The department demonstrates
that the grants in the state school aid act of 1979, 1979 PA 94, MCL
388.1601 to 388.1897l, and federal
grants that have been received by the department are distributed.
(b) The department demonstrates
that a distribution schedule exists for those grants in the state school aid act
of 1979, 1979 PA 94, MCL 388.1601 to 388.1897l, and those federal grants that have not yet been received and are
anticipated before the end of the fiscal year.
(c) The department provides a
report to the house and senate appropriation committees, the house and senate
fiscal agencies, and the state budget office to illustrate how the requested
funds would be utilized.
(d) The
department request transfers from administrative reserve fund 3 after the other
department administrative reserve funds are exhausted.
Sec. 239. From the funds
appropriated in part 1, the department shall produce a report of the impact on
student outcomes of starting school before Labor Day. The report must indicate
if starting school before Labor Day has a positive impact on student outcomes
when compared to not starting school before Labor Day. The report must be completed and transmitted by the department not
later than March 1, 2020 to the state budget director, the house and
senate fiscal agencies, the senate and house appropriations subcommittees on
the department of education, and the senate and house standing committees on
education. As used in this section, student outcomes means data from test
scores, third grade reading assessments, and other state assessments that
measure students academic progress.
STATE BOARD OF EDUCATION/OFFICE OF THE SUPERINTENDENT
Sec. 301. (1) The appropriations
in part 1 may be used for per diem payments to the state board for meetings at
which a quorum is present or for performing official business authorized by the
state board. The per diem payments shall be at a rate as follows:
(a) State board of education -
president - $110.00 per day.
(b) State board of education -
member other than president - $100.00 per day.
(2) A state board of education
member shall not be paid a per 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 shall be expended in the current fiscal year for in-state travel and
out-of-state travel directly related to the duties of the state board of
education.
CENTRAL SUPPORT
Sec. 325. 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.
SPECIAL EDUCATION SERVICES
Sec. 350. From the funds in part 1
for special education operations, the department shall use $100,000.00 to
design and distribute to all parents and legal guardians of a student with a
disability information about federal and state mandates regarding the rights
and protections of students with disabilities, including, but not limited to, individualized education programs
to ensure that parents and legal guardians are fully informed about laws,
rules, procedural safeguards, problem-solving options, and any other
information the department determines is necessary so that parents and legal
guardians may be able to provide meaningful input in collaboration with
districts to develop and implement an individualized education program.
MICHIGAN SCHOOLS FOR THE DEAF AND BLIND
Sec. 401. 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 this state.
(2) Upon knowledge of or
recognition by an intermediate school district that a child in the district is
deaf or hard of hearing or blind or visually impaired, the intermediate school
district shall provide to the parents of the child the literature distributed
by the Michigan Schools for the Deaf and Blind to intermediate school districts
under subsection (1).
(3) Parents
will continue to have a choice regarding the educational placement of their
deaf or hard‑of‑hearing children.
Sec. 407. Revenue received by
the Michigan Schools for the Deaf and Blind from gifts, bequests, and donations
that is unexpended at the end of the state fiscal year may be carried over to
the succeeding fiscal year and shall not revert to the general fund.
Sec. 408. (1) The funds
appropriated in part 1 for the low incidence outreach fund are appropriated
from money collected by the Michigan Schools for the Deaf and Blind and the low
incidence outreach program for providing qualified services and may be used for
any expenses necessary to provide the qualified services. Any money that is
unexpended at the end of the current fiscal year may be carried forward into
the succeeding fiscal year.
(2) As used in this section, qualified
services means document reproduction and services; conducting conferences,
workshops, and training classes; and providing specialized equipment,
facilities, and software.
Sec. 409. When conducting a due
process hearing resulting from a parent s appeal of his or her child s individualized education program team s decision
on the child s educational placement, a state administrative law judge
shall consider designating the Michigan Schools for the Deaf and Blind as the
least restrictive environment under federal law for the parent s child who is
deaf, deafblind, or hard of hearing.
EDUCATOR EXCELLENCE
Sec. 501. From the funds
appropriated in part 1 for educator excellence, the department shall maintain
certificate revocation/felony conviction files of educational personnel.
Sec. 502. The department shall
authorize teacher preparation institutions to provide an alternative program by
which up to 1/4 of the required student internship or student teaching credits
may be earned through substitute teaching. In order to count toward this
requirement, the substitute teaching must occur in a single classroom setting
for at least 15 consecutive days. 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. 503. From the funds
appropriated in part 1, the department shall, upon request, consult with the
Michigan Virtual Learning Research Institute and external stakeholders in
connection with the department s implementation and administration of
professional development training described in section 35a of the state
school aid act of 1979, 1979 PA 94, MCL 388.1635a, including, but not
limited to, the online training of educators of pupils in grades K to 3
described in that section.
Sec. 506. Revenue received from
teacher testing fees that is unexpended at the end of the current fiscal year
may be carried over to the succeeding fiscal year and shall not revert to the
general fund.
Sec. 507. From the funds
appropriated in part 1, the department shall adopt a teacher certification test
that ensures that all newly certified elementary teachers have the skills to
deliver evidence-based literacy instruction.
The department may use teacher certification or teacher testing fee revenue to
the extent allowable under law to implement this section, or may pass
along increased testing fees to teachers as allowable and appropriate.
SCHOOL SUPPORT SERVICES
Sec. 601.
From the funds appropriated in part 1, there is appropriated an amount not to
exceed $1,000,000.00 for implementation costs associated with programs for early childhood
literacy funded under section 35a of the state school aid act of 1979,
1979 PA 94, MCL 388.1635a.
Sec. 602. From the funds
appropriated in part 1 for adolescent and school health, there is appropriated
$320,000.00 to replace federal funding
reductions from the HHS - Centers for Disease Control and Prevention to
the department and section 39a(2)(a) of the state school aid act of 1979,
1979 PA 94, MCL 388.1639a.
EDUCATIONAL SUPPORTS
Sec. 701. (1) From the funds
appropriated in part 1 for educational supports, the department shall produce a
report detailing the progress made by districts with grades K to 12 receiving
at-risk funding under section 31a of the state school aid act of 1979,
1979 PA 94, MCL 388.1631a, in implementing multitiered systems of supports
in the prior school fiscal year for grades K to 12, and in providing reading
intervention services described in section 1280f of the revised school
code, 1976 PA 451, MCL 380.1280f, for pupils in grades K to 12.
(2) The report described in subsection (1)
shall include, at a minimum:
(a) A description of the
training, coaching, and technical assistance offered by the department to
districts to support the implementation of
effective multitiered systems of supports and reading intervention programs.
(b) A list of districts
determined by the department to have successfully implemented multitiered
systems of supports and reading intervention programs.
(c) A list of best practices
that the department has identified that may be used by districts to implement
multitiered systems of supports and reading intervention programs.
(d) Other information the department
determines would be useful to understanding the status of districts
implementation of effective multitiered systems of supports and reading
intervention programs.
(3) The department shall provide
the report described in subsection (1) to the state budget director, the
house and senate subcommittees that oversee the department of education and
school aid budgets, and the house and senate fiscal agencies by September 30,
2020.
LIBRARY OF MICHIGAN
Sec. 801. (1) The funds
appropriated in part 1 for library fees are appropriated from money collected
by the Library of Michigan for providing qualified services and may be used for
any expenses necessary to provide the qualified services. Any money that is
unexpended at the end of the current fiscal year may be carried forward into
the succeeding fiscal year.
(2) As used in this section, qualified
services means document reproduction and services; conducting conferences,
workshops, and training classes; and providing specialized equipment,
facilities, and software.
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 2019. The
allocations shall be made not later than 60 days after the department of
treasury certifies to the department and to the state budget director that the
department of treasury has received all necessary information to properly
determine the amounts due to each eligible recipient.
(2) If the amount appropriated
under this section is not sufficient to fully pay obligations under this
section, payments shall be prorated on an equal basis among all eligible public
libraries.
MICHIGAN OFFICE OF GREAT START
Sec. 1002. (1) From the funds
appropriated in part 1 for child development and care public assistance, there
is allocated $15,000,000.00 for the following purposes:
(a) To increase the provider
reimbursement rates for child care centers under the following guidelines:
(i) Increase the reimbursement rate for providers with an empty
star, 1-star, or 2-star rating by $0.30 per hour for each child ages 0-5.
(ii) Increase the reimbursement rate for providers with an empty
star, 1-star, or 2-star rating by $0.20 per hour for each child 5 years and
older.
(iii) Increase the reimbursement rate for providers with a 3-star,
4-star, or 5-star rating by $0.30 per hour for each child ages 0-5.
(iv) Increase the reimbursement rate for providers with a 3-star,
4-star, or 5-star rating by $0.20 per hour for each child 5 years and older.
(b) To increase the provider
reimbursement rates for group home providers under the following guidelines:
(i) Increase the reimbursement rate for providers with an empty
star, 1-star, or 2-star rating by $0.30 per hour for each child ages 0-5.
(ii) Increase the reimbursement rate for providers with an empty
star, 1-star, or 2-star rating by $0.20 per hour for each child 5 years and
older.
(iii) Increase the reimbursement rate for providers with a 3-star,
4-star, or 5-star rating by $0.30 per hour for each child ages 0-5.
(iv) Increase the reimbursement rate for providers with a 3-star,
4-star, or 5-star rating by $0.20 per hour for each child 5 years and older.
(c) To
increase the provider reimbursement rates for registered family homes under the
following guidelines:
(i) Increase the reimbursement rate for providers with an empty
star, 1-star, or 2-star rating by $0.30 per hour for each child ages 0-5.
(ii) Increase the reimbursement rate for providers with an empty
star, 1-star, or 2-star rating by $0.20 per hour for each child 5 years and
older.
(iii) Increase the reimbursement rate for providers with a 3-star,
4-star, or 5-star rating by $0.30 per hour for each child ages 0-5.
(iv) Increase the reimbursement rate for providers with a 3-star,
4-star, or 5-star rating by $0.20 per hour for each child 5 years and older.
(d) To increase the provider
reimbursement rates for unlicensed providers under the following guidelines:
(i) Increase the reimbursement rate for unlicensed providers with a
level 1 rating by $0.15 per hour for each child.
(ii) Increase the reimbursement rate for unlicensed providers with a
level 2 rating by $0.05 per hour for each child.
(e) Rate increases funded under
this subsection are effective January 1, 2020.
(2) The department shall ensure
that the final provider reimbursement rates determined under this section are
published on the department and Great Start to Quality webpages.
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 by this state during the previous fiscal
year. The report is due by February 15 and must contain at least the following
information:
(a) Total funding appropriated
to the Early Childhood Investment Corporation by the state during the previous
fiscal year.
(b) The amount of funding for
each grant awarded.
(c) The grant recipients.
(d) The activities funded by
each grant.
(e) An analysis of each grant
recipient s success in addressing the development of a comprehensive system of
early childhood services and supports.
(2) All department contracts for
early childhood comprehensive systems planning shall be bid out through a
statewide request-for-proposal process.
Sec. 1004. From the funds
appropriated in part 1 for the T.E.A.C.H. Early Childhood Michigan Scholarship
Program, the department shall ensure that $5,000,000.00 is appropriated to the
T.E.A.C.H. Early Childhood Michigan Scholarship Program. The program shall give
preference to the following providers:
(a) Providers that currently
have a great start to quality star rating or are in the process to receive a
star rating.
(b) Providers that are seeking
to increase their great start to quality star rating and are only restricted
from receiving the increased rating because they lack employees with the proper
education level.
Sec. 1007. (1) From the funds
appropriated in part 1 for child development and care - external support, the
department shall create progress reports that shall include, but are not
limited to, the following:
(a) Both the on-site and
off-site activities that are intended to improve child care provider quality
and the number of times those activities are performed by the licensing
consultants.
(b) How many on-site visits a
single licensing consultant has made since the start of the current fiscal
year.
(c) The types of on-site visits
and the number of visits for each type that a single consultant has made since
the start of the current fiscal year.
(d) The number of providers that
have improved their quality rating since the start of the current fiscal year
compared to the same time period in the preceding fiscal year, reported as the
number of providers in each regional prosperity zone.
(e) The types of activities that
are intended to improve licensing consultant performance and child care
provider quality and the number of times those activities are performed by the
managers and administrators.
(2) The progress reports shall
be sent to the state budget director, the house and senate subcommittees that
oversee the department of education, and the house and senate fiscal agencies
by April 1, 2020 and September 30, 2020.
Sec. 1008. From the amount
appropriated in part 1 for office of great start operations, the department
shall work with the department of health and human services to coordinate
services provided to families for home visits, reduce duplication of state
services and spending, and increase efficiencies including the home visits
funded under section 32p of the state school aid act of 1979, 1979 PA 94,
MCL 388.1632p.
Sec. 1009. From the funds
appropriated in part 1 for child development and care public assistance, the
income entrance threshold for the child development and care program is set to
130% of the federal poverty guidelines.
Sec. 1010. Within 10 days of the
receipt of changes to the federal child care and development program, 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. The notification shall include,
but is not limited to:
(a) Changes to the federal
matching award amount, including the amount of state resources necessary to
draw down the total matching award.
(b) Changes to the amount of child
care and development block grant that is awarded to this state.
(c) Any significant changes to the
federal requirements on the child development and care program, indicating any
new requirements that would require the appropriation of additional dollars.
Sec. 1011. (1) From the funds
appropriated in part 1 for child development and care public assistance, the
department shall implement a biweekly block reimbursement rate schedule through
the following block segments:
(a) The block segment for a
biweekly block reimbursement rate schedule for child care centers, group homes,
and registered family homes, for paid hours between 1 to 30 hours, shall be
reimbursed at the hourly reimbursement rate.
(b) The block segment for a
biweekly block reimbursement rate schedule for child care centers, group homes,
and registered family homes, for paid hours between 31 to 60 hours, shall be
reimbursed as 60 hours.
(c) The block segment for a
biweekly block reimbursement rate schedule for child care centers, group homes,
and registered family homes, for paid hours between 61 to 80 hours, shall be
reimbursed as 80 hours.
(d) The block segment for a
biweekly block reimbursement rate schedule for child care centers, group homes,
and registered family homes, for paid hours between 81 to 90 hours, shall be
reimbursed as 90 hours.
(e) The block segment for a
biweekly block reimbursement rate schedule for unlicensed providers shall be
reimbursed at their current hourly reimbursement rates.
(2) It is the intent of the
legislature that the new biweekly block reimbursement system reimburses
providers based on the block segment that is closest to the number of hours
actually paid to the provider.
Third: That the House and Senate
agree to the title of the bill to read as follows:
A bill to make appropriations for
the department of education for the fiscal year ending September 30, 2020; and
to provide for the expenditure of the appropriations.
Aaron
Miller
Pamela
Hornberger
Conferees
for the House
Wayne
Schmidt
Jim
Stamas
Conferees
for the Senate
The
question being on the adoption of the conference report,
Roll Call No. 237 Yeas 57
Afendoulis Frederick LaFave Rendon
Albert Glenn Leutheuser Schroeder
Alexander Green Lightner Sheppard
Allor Griffin Lilly Slagh
Bellino Hall Lower VanSingel
Berman Hauck Maddock VanWoerkom
Bollin Hernandez Marino Vaupel
Brann Hoitenga Markkanen Wakeman
Calley Hornberger Meerman Webber
Chatfield Howell Miller Wendzel
Cole Huizenga Mueller Wentworth
Crawford Iden O Malley Whiteford
Eisen Johnson, S. Paquette Wozniak
Farrington Kahle Reilly Yaroch
Filler
Nays 51
Anthony Garrett Kennedy Robinson
Bolden Garza Koleszar Sabo
Brixie Gay-Dagnogo Kuppa Shannon
Byrd Greig LaGrand Sneller
Cambensy Guerra Lasinski Sowerby
Camilleri Haadsma Liberati Stone
Carter,
T. Hammoud Love Tate
Cherry Hertel Manoogian Warren
Chirkun Hoadley Neeley Whitsett
Clemente Hood Pagan Wittenberg
Coleman Hope Peterson Witwer
Elder Johnson, C. Pohutsky Yancey
Ellison Jones Rabhi
In The Chair: Wentworth
Rep.
Cole moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
______
Rep.
Inman entered the House Chambers.
The Speaker laid before the House the
conference report relative to
House Bill No. 4236, entitled
A bill to amend 1979 PA 94,
entitled The state school aid act of 1979, by amending sections 236, 236a,
236b, 236c, 237, 241, 245, 245a, 251, 252, 256, 263, 264, 265, 265a, 265b,
265c, 265d, 267, 268, 269, 270, 274, 274c, 276, 277, 278, 279, 280, 281, 282,
283, and 289 (MCL 388.1836, 388.1836a, 388.1836b, 388.1836c, 388.1837,
388.1841, 388.1845, 388.1845a, 388.1851, 388.1852, 388.1856, 388.1863,
388.1864, 388.1865, 388.1865a, 388.1865b, 388.1865c, 388.1865d, 388.1867,
388.1868, 388.1869, 388.1870, 388.1874, 388.1874c, 388.1876, 388.1877,
388.1878, 388.1879, 388.1880, 388.1881, 388.1882, 388.1883, and 388.1889),
sections 236, 236a, 236b, 236c, 241, 245, 251, 252, 256, 263, 264, 265a, 267,
268, 269, 270, 274, 274c, 276, 277, 278, 279, 280, 281, 282, and 289 as amended
and sections 245a, 265b, 265c, and 265d as added by 2018 PA 265, section 237
as amended by 2012 PA 201, section 265 as amended by 2018 PA 586,
and section 283 as amended by 2017 PA 108.
(The conference report was reported by
the conference committee on September 17.)
(For conference report, see House
Journal No. 86, p. 1068.)
The question being on the adoption of
the conference report,
The conference report was adopted, a
majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 238 Yeas 58
Afendoulis Frederick LaFave Rendon
Albert Glenn Leutheuser Schroeder
Alexander Green Lightner Sheppard
Allor Griffin Lilly Slagh
Bellino Hall Lower VanSingel
Bollin Hauck Maddock VanWoerkom
Brann Hernandez Marino Vaupel
Calley Hoitenga Markkanen Wakeman
Cambensy Hornberger Meerman Webber
Chatfield Howell Miller Wendzel
Cole Huizenga Mueller Wentworth
Crawford Iden O Malley Whiteford
Eisen Inman Paquette Wozniak
Farrington Johnson,
S. Reilly Yaroch
Filler Kahle
Nays 51
Anthony Garrett Kennedy Robinson
Berman Garza Koleszar Sabo
Bolden Gay-Dagnogo Kuppa Shannon
Brixie Greig LaGrand Sneller
Byrd Guerra Lasinski Sowerby
Camilleri Haadsma Liberati Stone
Carter, T. Hammoud Love Tate
Cherry Hertel Manoogian Warren
Chirkun Hoadley Neeley Whitsett
Clemente Hood Pagan Wittenberg
Coleman Hope Peterson Witwer
Elder Johnson,
C. Pohutsky Yancey
Ellison Jones Rabhi
In The
Chair: Wentworth
Rep.
Cole moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Senate
Bill No. 134, entitled
A bill to amend 1979 PA 94,
entitled The state school aid act of 1979, by amending sections 201, 201a,
206, 207a, 207b, 207c, 209, 209a, 210b, 210f, 225, 229a, and 230 (MCL 388.1801,
388.1801a, 388.1806, 388.1807a, 388.1807b, 388.1807c, 388.1809, 388.1809a,
388.1810b, 388.1810f, 388.1825, 388.1829a, and 388.1830), sections 201, 201a,
206, 207a, 207b, 207c, 209, 210b, 225, 229a, and 230 as amended and sections
209a and 210f as added by 2018 PA 265.
The Senate has adopted the report
of the Committee of Conference and ordered that the bill be given immediate
effect.
The Conference Report was read as
follows:
First Conference Report
The Committee of Conference on
the matters of difference between the two Houses concerning
Senate
Bill No. 134, entitled
A bill to amend 1979 PA 94,
entitled The state school aid act of 1979, by amending sections 201, 201a,
206, 207a, 207b, 207c, 209, 209a, 210b, 210f, 225, 229a, and 230 (MCL 388.1801,
388.1801a, 388.1806, 388.1807a, 388.1807b, 388.1807c, 388.1809, 388.1809a,
388.1810b, 388.1810f, 388.1825, 388.1829a, and 388.1830), sections 201, 201a,
206, 207a, 207b, 207c, 209, 210b, 225, 229a, and 230 as amended and sections
209a and 210f as added by 2018 PA 265.
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:
A bill to amend 1979 PA 94,
entitled The state school aid act of 1979, by amending sections 201, 201a,
206, 207a, 207b, 207c, 209, 209a, 210b, 210f, 217, 225, 229a, and 230 (MCL
388.1801, 388.1801a, 388.1806, 388.1807a, 388.1807b, 388.1807c, 388.1809,
388.1809a, 388.1810b, 388.1810f, 388.1817, 388.1825, 388.1829a, and 388.1830),
sections 201, 201a, 206, 207a, 207b, 207c, 209, 210b, 217, 225, 229a, and 230
as amended and sections 209a and 210f as added by 2018 PA 265; and to
repeal acts and parts of acts.
The people of the state of michigan
enact:
Sec. 201. (1) Subject to the
conditions set forth in this article, the amounts listed in this section are
appropriated for community colleges for the fiscal year ending September 30, 2019, 2020, from the funds
indicated in this section. The following is a summary of the appropriations in
this section:
(a) The gross appropriation is $408,215,500.00. $414,719,000.00. After
deducting total interdepartmental grants and intradepartmental transfers in the
amount of $0.00, the adjusted gross appropriation is $408,215,500.00.$414,719,000.00.
(b) The sources of the adjusted
gross appropriation described in subdivision (a) are as follows:
(i)
Total federal revenues, $0.00.
(ii)
Total local revenues, $0.00.
(iii)
Total private revenues, $0.00.
(iv)
Total other state restricted revenues, $408,215,500.00.$414,719,000.00.
(v)
State general fund/general purpose money, $0.00.
(2) Subject
to subsection (3), the amount appropriated for community college
operations is $322,250,900.00, $325,473,400.00, allocated as follows:
(a) The appropriation for Alpena
Community College is $5,707,600.00,
$5,665,900.00 for operations and $41,700.00 for performance funding.$5,772,600.00, $5,696,800.00 for
operations, $56,500.00 for performance funding, and $19,300.00 for costs
incurred under the North American Indian tuition waiver.
(b) The appropriation for Bay de
Noc Community College is $5,624,800.00,
$5,589,000.00 for operations and $35,800.00 for performance funding.$5,740,700.00, $5,548,600.00 for
operations, $54,200.00 for performance funding, and $137,900.00 for costs
incurred under the North American Indian tuition waiver.
(c) The appropriation for Delta
College is $15,104,300.00,
$14,990,700.00 for operations and $113,600.00 for performance funding.$15,201,400.00, $15,058,600.00 for
operations, $101,900.00 for performance funding, and $40,900.00 for costs
incurred under the North American Indian tuition waiver.
(d) The appropriation for Glen
Oaks Community College is $2,620,000.00,
$2,601,400.00 for operations and $18,600.00 for performance funding.$2,652,400.00, $2,616,600.00 for
operations, $34,600.00 for performance funding, and $1,200.00 for costs
incurred under the North American Indian tuition waiver.
(e) The appropriation for Gogebic
Community College is $4,844,300.00,
$4,809,700.00 for operations and $34,600.00 for performance funding.$4,933,600.00, $4,828,700.00 for
operations, $45,000.00 for performance funding, and $59,900.00 for costs
incurred under the North American Indian tuition waiver.
(f) The appropriation for Grand
Rapids Community College is $18,709,300.00,
$18,556,800.00 for operations and $152,500.00 for performance funding.$19,013,400.00, $18,628,700.00 for
operations, $144,400.00 for performance funding, and $240,300.00 for costs
incurred under the North American Indian tuition waiver.
(g) The appropriation for Henry
Ford College is $22,463,600.00,
$22,299,200.00 for operations and $164,400.00 for performance funding.$22,574,700.00, $22,382,000.00 for
operations, $151,100.00 for performance funding, and $41,600.00 for costs
incurred under the North American Indian tuition waiver.
(h) The appropriation for Jackson
College is $12,698,200.00,
$12,617,200.00 for operations and $81,000.00 for performance funding.$12,802,900.00, $12,679,800.00 for
operations, $76,400.00 for performance funding, and $46,700.00 for costs
incurred under the North American Indian tuition waiver.
(i) The appropriation for
Kalamazoo Valley Community College is $13,046,600.00, $12,948,700.00 for operations and
$97,900.00 for performance funding.$13,155,900.00, $13,009,500.00 for operations, $90,400.00
for performance funding, and $56,000.00 for costs incurred under the North
American Indian tuition waiver.
(j) The appropriation for Kellogg
Community College is $10,214,400.00,
$10,143,600.00 for operations and $70,800.00 for performance funding.$10,346,500.00, $10,199,600.00 for
operations, $67,500.00 for performance funding, and $79,400.00 for costs
incurred under the North American Indian tuition waiver.
(k) The appropriation for
Kirtland Community College is $3,321,600.00,
$3,289,400.00 for operations and $32,200.00 for performance funding.$3,393,000.00, $3,311,600.00 for
operations, $46,800.00 for performance funding, and $34,600.00 for costs
incurred under the North American Indian tuition waiver.
(l)
The appropriation for Lake Michigan College is $5,672,100.00, $5,631,000.00 for operations and $41,100.00
for performance funding.$5,714,000.00, $5,663,300.00 for operations, $39,400.00 for
performance funding, and $11,300.00 for costs incurred under the North American
Indian tuition waiver.
(m) The appropriation for Lansing
Community College is $32,725,800.00,
$32,515,500.00 for operations and $210,300.00 for performance funding.$33,005,900.00, $32,652,300.00 for
operations, $199,700.00 for performance funding, and $153,900.00 for costs
incurred under the North American Indian tuition waiver.
(n) The appropriation for Macomb
Community College is $34,124,000.00,
$33,863,600.00 for operations and $260,400.00 for performance funding.$34,312,100.00, $34,043,100.00 for
operations, $233,000.00 for performance funding, and $36,000.00 for costs
incurred under the North American Indian tuition waiver.
(o) The appropriation for Mid Michigan
Community College is $5,112,400.00,
$5,068,300.00 for operations and $44,100.00 for performance funding.$5,324,500.00, $5,100,400.00 for
operations, $84,000.00 for performance funding, and $140,100.00 for costs
incurred under the North American Indian tuition waiver.
(p) The appropriation for Monroe County
Community College is $4,708,600.00,
$4,665,500.00 for operations and $43,100.00 for performance funding.$4,747,100.00, $4,706,500.00 for
operations, $39,700.00 for performance funding, and $900.00 for costs incurred
under the North American Indian tuition waiver.
(q) The appropriation for Montcalm
Community College is $3,542,900.00,
$3,515,200.00 for operations and $27,700.00 for performance funding.$3,576,300.00, $3,541,400.00 for
operations, $29,200.00 for performance funding, and $5,700.00 for costs
incurred under the North American Indian tuition waiver.
(r) The appropriation for C.S. Mott
Community College is $16,381,600.00,
$16,258,100.00 for operations and $123,500.00 for performance funding.$16,453,400.00, $16,325,800.00 for
operations, $114,200.00 for performance funding, and $13,400.00 for costs
incurred under the North American Indian tuition waiver.
(s) The appropriation for Muskegon
Community College is $9,264,700.00,
$9,203,000.00 for operations and $61,700.00 for performance funding.$9,366,400.00, $9,230,500.00 for
operations, $58,600.00 for performance funding, and $77,300.00 for costs
incurred under the North American Indian tuition waiver.
(t) The appropriation for North Central
Michigan College is $3,402,600.00,
$3,368,400.00 for operations and $34,200.00 for performance funding.$3,567,200.00, $3,358,100.00 for
operations, $31,200.00 for performance funding, and $177,900.00 for costs
incurred under the North American Indian tuition waiver.
(u) The appropriation for Northwestern
Michigan College is $9,625,400.00,
$9,559,700.00 for operations and $65,700.00 for performance funding.$9,813,800.00, $9,503,400.00 for
operations, $63,700.00 for performance funding, and $246,700.00 for costs
incurred under the North American Indian tuition waiver.
(v) The appropriation for Oakland
Community College is $22,093,000.00,
$21,905,700.00 for operations and $187,300.00 for performance funding.$22,235,400.00, $22,033,100.00 for
operations, $178,600.00 for performance funding, and $23,700.00 for costs
incurred under the North American Indian tuition waiver.
(w) The appropriation for Schoolcraft
College is $13,112,900.00,
$12,991,300.00 for operations and $121,600.00 for performance funding.$13,263,200.00, $13,080,600.00 for
operations, $115,600.00 for performance funding, and $67,000.00 for costs
incurred under the North American Indian tuition waiver.
(x) The appropriation for Southwestern
Michigan College is $6,946,900.00,
$6,903,300.00 for operations and $43,600.00 for performance funding.$7,019,100.00, $6,932,700.00 for
operations, $46,700.00 for performance funding, and $39,700.00 for costs
incurred under the North American Indian tuition waiver.
(y) The appropriation for St. Clair
County Community College is $7,358,700.00,
$7,300,100.00 for operations and $58,600.00 for performance funding.$7,393,700.00, $7,329,600.00 for
operations, $55,600.00 for performance funding, and $8,500.00 for costs
incurred under the North American Indian tuition waiver.
(z) The appropriation for Washtenaw
Community College is $13,764,000.00,
$13,631,400.00 for operations and $132,600.00 for performance funding.$13,886,900.00, $13,730,300.00 for
operations, $125,600.00 for performance funding, and $31,000.00 for costs
incurred under the North American Indian tuition waiver.
(aa) The appropriation for Wayne County
Community College is $17,487,200.00,
$17,338,300.00 for operations and $148,900.00 for performance funding.$17,601,900.00, $17,459,700.00 for
operations, $133,700.00 for performance funding, and $8,500.00 for costs
incurred under the North American Indian tuition waiver.
(bb) The appropriation for West Shore
Community College is $2,573,400.00,
$2,556,300.00 for operations and $17,100.00 for performance funding.$2,605,400.00, $2,566,100.00 for
operations, $19,500.00 for performance funding, and $19,800.00 for costs
incurred under the North American Indian tuition waiver.
(3) The amount appropriated in subsection (2)
for community college operations is $322,250,900.00 $325,473,400.00 and is appropriated from the
state school aid fund.
(4) From the appropriations described
in subsection (1), both of the following apply:
(a) Subject to section 207a, the
amount appropriated for fiscal year 2018-2019 2019-2020 to offset certain fiscal year 2018-2019 2019-2020 retirement
contributions is $1,733,600.00, appropriated from the state school aid fund.
(b) For fiscal year 2018-2019 only, 2019-2020, there is
allocated an amount not to exceed $6,431,000.00 $12,212,000.00 for payments to participating
community colleges, appropriated from the state school aid fund. A community
college that receives money under this subdivision shall use that money solely
for the purpose of offsetting the normal cost contribution rate.
(5) From the appropriations described
in subsection (1), subject to section 207b, the amount appropriated
for payments to community colleges that are participating entities of the
retirement system is $75,300,000.00,
$73,100,000.00, appropriated
from the state school aid fund.
(6) From the appropriations described
in subsection (1), subject to section 207c, the amount appropriated
for renaissance zone tax reimbursements is $2,500,000.00, $2,200,000.00, appropriated from the state
school aid fund.
Sec. 201a. It is
the intent of the legislature to provide appropriations for the fiscal year
ending on September 30, 2020 2021 for the items
listed in section 201. The fiscal year 2019-2020 2020-2021 appropriations are anticipated to
be the same as those for fiscal year 2018-2019, 2019-2020, except that the amounts will be
adjusted for changes in retirement costs, caseload and related costs, federal
fund match rates, economic factors, and available revenue. These adjustments
will be determined after the January 2019 2020 consensus revenue estimating conference. For fiscal year 2020-2021, the
amount appropriated for payment to the Michigan public school employee
retirement system is projected to be $98,506,600.00.
Sec. 206. (1) The funds appropriated in
section 201 are appropriated for community colleges with fiscal years
ending June 30, 2019 2020 and shall be paid
out of the state treasury and distributed by the state treasurer to the
respective community colleges in 11 monthly installments on the sixteenth of each
month, or the next succeeding business day, beginning with October 16, 2018. 2019. Each community
college shall accrue its July and August 2019 2020 payments to its institutional fiscal
year ending June 30, 2019.2020.
(2) If the state budget director determines
that a community college failed to submit any of the information described in
subdivisions (a) to (f) in the form and manner specified by the center, the
state treasurer shall, subject to subdivision (g), withhold the monthly
installments from that community college until those data are submitted:
(a) The Michigan community colleges
verified data inventory data for the preceding academic year to the center by the first business day of November
1 of each year
as specified in section 217.
(b) The college credit opportunity data
set as specified in section 209.
(c) The longitudinal data set for the
preceding academic year to the center as specified in section 219.
(d) The annual independent audit as
specified in section 222.
(e) Tuition and mandatory fees
information for the current academic year as specified in section 225.
(f) The number and type of associate
degrees and other certificates awarded during the previous academic year as
specified in section 226.
(g) The state budget director shall
notify the chairs of the house and senate appropriations subcommittees on
community colleges at least 10 days before withholding funds from any community
college.
Sec. 207a. All of the following apply
to the allocation of the fiscal year 2018-2019 2019-2020 appropria tions described in section 201(4):
(a) A community college that receives
money under section 201(4) shall use that money solely for the purpose of
offsetting a portion of the retirement contributions owed by the college for
that fiscal year.
(b) The amount allocated to each
participating community college under section 201(4) shall be based on each
college s percentage of the total covered payroll for all community colleges
that are participating colleges in the immediately preceding fiscal year.
Sec. 207b. All of the following
apply to the allocation of the fiscal year 2018-2019 2019-2020 appropria tions described in section 201(5)
for payments to community colleges that are participating entities of the
retirement system:
(a) The amount of a payment under
section 201(5) shall be the difference between the unfunded actuarial
accrued liability contribution rate as calculated under section 41 of the
public school employees retirement act of 1979, 1980 PA 300, MCL 38.1341,
as calculated without taking into account the maximum employer rate of 20.96%
included in section 41 of the public school employees retirement act of
1979, 1980 PA 300, MCL 38.1341, and the maximum employer rate of 20.96%
under section 41 of the public school employees retirement act of 1979,
1980 PA 300, MCL 38.1341.
(b) The amount allocated to each
community college under section 201(5) shall be based on each community
college s percentage of the total covered payroll for all community colleges
that are participating colleges in the immediately preceding fiscal year. A
community college that receives funds under this subdivision shall use the
funds solely for the purpose of retirement contributions under section 201(5).
(c) Each participating college
that receives funds under section 201(5) shall forward an amount equal to
the amount allocated under subdivision (b) to the retirement system in a form
and manner determined by the retirement system.
Sec. 207c. All of the following
apply to the allocation of the appropriations described in section 201(6)
to community colleges described in section 12(3) of the Michigan renaissance
zone act, 1996 PA 376, MCL 125.2692:
(a) The amount allocated to each
community college under section 201(6) for fiscal year 2018-2019 2019‑2020 shall
be based on that community college s proportion of total revenue lost by
community colleges as a result of the exemption of property taxes levied in 2018 2019 under the Michigan
renaissance zone act, 1996 PA 376, MCL 125.2681 to 125.2696.
(b) The appropriations described
in section 201(6) shall be made to each eligible community college within
60 days after the department of treasury certifies to the state budget director
that it has received all necessary information to properly determine the
amounts payable to each eligible community college under section 12 of the
Michigan renaissance zone act, 1996 PA 376, MCL 125.2692.
Sec. 209. (1) Within 30 days
after the board of a community college adopts its annual operating budget for
the following fiscal year, or after the board adopts a subsequent revision to
that budget, the community college shall make all of the following available
through a link on its website homepage:
(a) The annual operating budget
and subsequent budget revisions.
(b) A link to the most recent Michigan
Community College Data Inventory Report .
(c) General fund revenue and
expenditure projections for the current fiscal year and the next fiscal year.
(d) A listing of all debt service
obligations, detailed by project, anticipated payment of each project, and
total outstanding debt for the current fiscal year.
(e) Links to all of the following
for the community college:
(i)
The current collective bargaining agreement for each bargaining unit.
(ii)
Each health care benefits plan, including, but not limited to, medical, dental,
vision, disability, long-term care, or any other type of benefits that would
constitute health care services, offered to any bargaining unit or employee of
the community college.
(iii)
Audits and financial reports for the most recent fiscal year for which they are
available.
(iv)
A copy of the board of trustees resolution regarding compliance with best
practices for the local strategic value component described in section 230(2).
(f) A map that includes the
boundaries of the community college district.
(2) For statewide consistency and
public visibility, community colleges must use the icon badge provided by the
department of technology, management, and budget consistent with the icon badge
developed by the department of education for K-12 school districts. It must
appear on the front of each community college s homepage. The size of the icon
may be reduced to 150 x 150 pixels.
(3) The state budget director
shall determine whether a community college has complied with this section. The
state budget director may withhold a community college s monthly installments
described in section 206 until the community college complies with this
section. The state budget director shall notify the chairs of the house and senate appropriations subcommittee
on community colleges at least 10 days before withholding funds from any
community college.
(4) Each community college shall
report the following information to the senate and house appropriations
subcommittees on community colleges, the senate and house fiscal agencies, and
the state budget office by November 15 of each fiscal year and post that
information on its website as required under subsection (1):
(a) Budgeted current fiscal year
general fund revenue from tuition and fees.
(b) Budgeted current fiscal year
general fund revenue from state appropriations.
(c) Budgeted current fiscal year
general fund revenue from property taxes.
(d) Budgeted current fiscal year total
general fund revenue.
(e) Budgeted current fiscal year total
general fund expenditures.
(5) By the first business day of November 15 of each year, a
community college shall report the following information to the center and post
the information on its website under the budget transparency icon badge:
(a) Opportunities for earning college
credit through the following programs:
(i)
State approved career and technical education or a tech prep articulated
program of study.
(ii)
Direct college credit or concurrent enrollment.
(iii)
Dual enrollment.
(iv)
An early college/middle college program.
(b) For each program described in
subdivision (a) that the community college offers, all of the following
information:
(i)
The number of high school students participating in the program.
(ii)
The number of school districts that participate in the program with the
community college.
(iii)
Whether a college professor, qualified local school district employee, or other
individual teaches the course or courses in the program.
(iv)
The total cost to the community college to operate the program.
(v)
The cost per credit hour for the course or courses in the program.
(vi)
The location where the course or courses in the program are held.
(vii)
Instructional resources offered to the program instructors.
(viii)
Resources offered to the student in the program.
(ix)
Transportation services provided to students in the program.
Sec. 209a. (1) A public
community college shall develop, maintain, and update a campus safety
information and resources link, prominently displayed on the homepage of its
website, to a section of its website containing all of the
information required under subsection (2).
(2) The campus safety information and
resources section of a public community college s website shall include,
but not be limited to, all of the following information:
(a) Emergency contact numbers for
police, fire, health, and other services.
(b) Hours, locations, phone numbers,
and electronic mail contacts for campus public safety offices and title IX
offices.
(c) A list of safety and security
services provided by the community college, including transportation, escort
services, building surveillance, anonymous tip lines, and other available
security services.
(d) A public community college s
policies applicable to minors on community college property.
(e) A directory of resources available
at the community college or surrounding community for students or employees who
are survivors of sexual assault or sexual abuse.
(f) An electronic copy of A Resource
Handbook for Campus Sexual Assault Survivors, Friends and Family , published in
2018 by the office of the governor in conjunction with the first lady of
Michigan.
(g) Campus security policies and crime
statistics pursuant to the student right-to-know and campus security act,
Public Law 101-542, 104 Stat 2381. Information shall include all material
prepared pursuant to the public information reporting requirements under the
crime awareness and campus security act of 1990, title II of the student
right-to-know and campus security act, Public Law 101-542, 104 Stat 2381.
(3) A community college shall certify
to the state budget director by August 31, 2018 October 1, 2019 and the last business day of each August
thereafter, that it is in compliance with this section. The state
budget director may withhold a public community college s monthly installments
described in section 206 until the public community college complies with
this section.
Sec. 210b. By March 1 , 2019, of each year, the
Michigan Community College Association and the Michigan Association of State
Universities shall submit a report to the senate and house appropriations
subcommittees on community colleges, the senate and house fiscal agencies, and
the state budget director on the activities and programs of the transfer
steering committee since the
March 1 , 2018 report required under this
section, of the
previous year, including all of the following:
(a) The alignment of learning outcomes
in gateway mathematics courses in the quantitative reasoning, college algebra,
and statistics pathways and the transferability of mathematics gateway courses
between and among community colleges and universities.
(b) The development of
program-specific, statewide transfer pathways that meet program requirements
for both associate and bachelor s degree programs.
(c) The development of an enhanced
online communication tool to share information about postsecondary options in
Michigan, course equivalencies, and transfer pathways that are clearly
articulated.
(d) The establishment of clear
timelines for developing and implementing transfer pathways.
(e) A progress report on the
implementation of the Michigan transfer agreement.
Sec. 210f. By February 1, 2019, 2020 and February 1 of every even-numbered
year thereafter, the Michigan community college association, Community College Association, the
Michigan association of state universities, Association of
State Universities, and the
Michigan independent
colleges and universities, Independent Colleges and Universities, on
behalf of their member colleges and universities, shall submit to the senate and house appropriations
subcommittees on higher education, the senate and house appropriations
subcommittees on community colleges, the senate and house fiscal agencies, and
the state budget director a comprehensive report detailing the number of
academic program partnerships between public community colleges, public
universities, and private colleges and universities, including, but not limited
to, the following information:
(a) The names of the baccalaureate
degree programs of study offered by public and private universities on
community college campuses.
(b) The names of the articulation
agreements for baccalaureate degree programs of study between public community
colleges, public universities, and private colleges and universities.
(c) The number of students enrolled and
number of degrees awarded through articulation agreements, and the number of
courses offered, number of students enrolled, and number of degrees awarded
through on-campus programs named in subdivision (a) from July 1, 2017 2018 through June 30, 2018.2019.
Sec. 217. (1) The center shall do all
of the following:
(a) Establish, maintain, and coordinate
the state community college database commonly known as the Michigan Community
College Data Inventory .
(b) Collect data concerning community
colleges and community college programs in this state, including data required
by law.
(c) Establish procedures to ensure the
validity and reliability of the data and the collection process.
(d) Develop model data collection
policies, including, but not limited to, policies that ensure the privacy of
any individual student data. Privacy policies shall ensure that student social
security numbers are not released to the public for any purpose.
(e) Provide data in a useful manner to
allow state policymakers and community college officials to make informed
policy decisions.
(f) Work with the talent investment agency in the department of
talent and economic development to compile Compile and publish electronically the
demographic enrollment profile.
(g) Compile and publish the community
college performance improvement and performance completion rate data to support the performance funding formula
metrics specified in section 230(1)(c) and (e).
(2) There is created within the center
the Michigan Community College Data Inventory advisory committee. The committee
shall provide advice to the director of the center regarding the management of
the state community college database, including, but not limited to:
(a) Determining what data are necessary
to collect and maintain to enable state and community college officials to make
informed policy decisions.
(b) Defining the roles of all
stakeholders in the data collection system.
(c) Recommending timelines for the
implementation and ongoing collection of data.
(d) Establishing and maintaining data
definitions, data transmission protocols, and system specifications and
procedures for the efficient and accurate transmission and collection of data.
(e) Establishing and maintaining a
process for ensuring the accuracy of the data.
(f) Establishing and maintaining
policies related to data collection, including, but not limited to, privacy
policies related to individual student data.
(g) Ensuring that the data are made
available to state policymakers and citizens of this state in the most useful
format possible.
(h) Addressing other matters as
determined by the director of the center or as required by law.
(3) The Michigan Community College Data
Inventory advisory committee created in subsection (2) shall consist of
the following members:
(a) One representative from the house
fiscal agency, appointed by the director of the house fiscal agency.
(b) One representative from the senate
fiscal agency, appointed by the director of the senate fiscal agency.
(c) One representative from the
workforce development agency, appointed by the director of the workforce
development agency.
(d) One representative from the center,
appointed by the director of the center.
(e) One representative from the state
budget office, appointed by the state budget director.
(f) One representative from the
governor s policy office, appointed by that office.
(g) Four representatives of the
Michigan Community College Association, appointed by the president of the
association, . From the groupings of community
colleges given in the Michigan Community College Data Inventory database
described in subsection (1), the association shall appoint 1
representative each from group 1, group 2, and group 3, and 1 representative
from either group 3 or 4.that represents a diverse mix of college sizes.
Sec. 225. Each community college shall
report to the center by the
last business day of August 31 of each year the tuition and mandatory
fees paid by a full-time in-district student and a full-time out-of-district
student as established by the college governing board for the current academic
year. This report should also include the annual cost of tuition and fees based
on a full-time course load of 30 credits. This report must also specify the
amount that tuition and fees have increased for each institution from the prior
academic year. Each community college shall also report any revisions to the
reported current academic year tuition and mandatory fees adopted by the
college governing board to the center within 15 days of being adopted. The
center shall provide this information and any revisions to the house and senate
fiscal agencies and the state budget director.
Sec. 229a.
Included in the fiscal year 2018-2019
2019-2020 appropriations
for the department of technology,
management, and budget are appropriations totaling $36,378,100.00 $34,181,600.00 to provide funding for the state share of costs for previously
constructed capital projects for community colleges. Those appropriations
for state building authority rent represent additional state general fund
support for community colleges, and the following is an estimate of the amount
of that support to each community college:
(a) Alpena Community College, $876,300.00.$702,500.00.
(b) Bay de Noc Community College, $677,000.00.$679,000.00.
(c) Delta College, $3,798,700.00.$3,905,300.00.
(d) Glen Oaks Community College, $123,000.00.$123,400.00.
(e) Gogebic Community College, $56,000.00.$56,200.00.
(f) Grand Rapids Community College, $2,536,500.00.$2,208,700.00.
(g) Henry Ford College, $1,028,000.00.$1,031,000.00.
(h) Jackson College, $2,164,000.00.$2,170,400.00.
(i) Kalamazoo Valley Community College,
$1,942,000.00.$1,947,700.00.
(j) Kellogg Community College, $681,300.00.$715,300.00.
(k) Kirtland Community College, $591,800.00.$639,100.00.
(l)
Lake Michigan College, $975,800.00.$532,300.00.
(m) Lansing Community College, $1,141,000.00.$1,144,300.00.
(n) Macomb Community College, $1,649,000.00.$1,653,900.00.
(o) Mid Michigan Community College, $1,615,000.00.$1,619,700.00.
(p) Monroe County Community College, $1,544,300.00.$1,604,900.00.
(q) Montcalm Community College, $971,000.00.$973,900.00.
(r) C.S. Mott Community College, $2,107,200.00.$1,808,300.00.
(s) Muskegon Community College, $989,000.00.$1,076,800.00.
(t) North Central Michigan College, $668,000.00.$490,900.00.
(u) Northwestern Michigan College, $1,844,900.00.$1,471,300.00.
(v) Oakland Community College, $465,000.00.$466,400.00.
(w) Schoolcraft College, $2,296,000.00.$1,550,600.00.
(x) Southwestern Michigan College, $887,500.00.$890,100.00.
(y) St. Clair County Community College,
$723,500.00.$799,300.00.
(z) Washtenaw Community College, $1,826,000.00.$1,680,900.00.
(aa) Wayne County Community College, $1,462,000.00.$1,466,300.00.
(bb) West Shore Community College, $738,300.00.$773,100.00.
Sec. 230. (1) Money included in the
appropriations for community college operations under section 201(2) in
fiscal year 2018-2019 2019-2020 for
performance funding is distributed based on the following formula:
(a) Allocated proportionate to fiscal
year 2017-2018 2018-2019 base
appropriations, 30%.
(b) Based on a weighted student contact
hour formula as provided for in the 2016 recommendations of the performance
indicators task force, 30%.25%.
(c) Based on the performance
improvement as provided for in the 2016 recommendations of the performance
indicators task force and based
on data provided by the center, 10%.
(d) Based on the performance completion
number as provided for in the 2016 recommendations of the performance indicators
task force, 10%.
(e) Based on the performance completion
rate as provided for in the 2016 recommendations of the performance indicators
task force and based on data
provided by the center, 10%.
(f) Based on administrative costs, 5%.
(g) Based on the local strategic value
component, as developed in cooperation with the Michigan Community College
Association and described in subsection (2), 5%.
(h) Based on the 6 community colleges with the lowest
taxable values in the 2017-2018 Michigan community college data inventory
report, weighted by fiscal year equated students, 5%.
(2) Money included in the
appropriations for community college operations under section 201(2) for
local strategic value shall be allocated to each community college that
certifies to the state budget director, through a board of trustees resolution
on or before October 15, 2018,
2019, that
the college has met 4 out of 5 best practices listed in each category described
in subsection (3). The resolution shall provide specifics as to how the community college meets each best practice
measure within each category. One-third of funding available under the
strategic value component shall be allocated to each category described in subsection (3).
Amounts distributed under local strategic value
shall be on a proportionate basis to each college s fiscal year 2017‑2018 2018-2019 operations
funding. Payments to community colleges that qualify for local strategic value
funding shall be distributed with the November installment payment described in
section 206.
(3) For purposes of subsection (2),
the following categories of best practices reflect functional activities of
community colleges that have strategic value to the local communities and
regional economies:
(a) For Category A, economic
development and business or industry partnerships, the following:
(i)
The community college has active partnerships with local employers including
hospitals and health care providers.
(ii)
The community college provides customized on-site training for area companies,
employees, or both.
(iii)
The community college supports entrepreneurship through a small business
assistance center or other training or consulting activities targeted toward
small businesses.
(iv)
The community college supports technological advancement through industry
partnerships, incubation activities, or operation of a Michigan technical
education center or other advanced technology center.
(v) The community college has active partnerships
with local or regional workforce and economic development agencies.
(b) For Category B, educational
partnerships, the following:
(i)
The community college has active partnerships with regional high schools,
intermediate school districts, and career-tech centers to provide instruction
through dual enrollment, concurrent enrollment, direct credit, middle college,
or academy programs.
(ii)
The community college hosts, sponsors, or participates in enrichment programs
for area K-12 students, such as college days, summer or after-school
programming, or Science Olympiad.
(iii)
The community college provides, supports, or participates in programming to
promote successful transitions to college for traditional age students,
including grant programs such as talent search, upward bound, or other
activities to promote college readiness in area high schools and community
centers.
(iv) The community college provides, supports, or
participates in programming to promote successful transitions to college for new or reentering adult
students, such as adult basic education, a high school equivalency test
preparation program and testing, or recruiting, advising, or orientation
activities specific to adults. As used in this subparagraph, high school
equivalency test preparation program means that term as defined in section 4.
(v)
The community college has active partnerships with regional 4-year colleges and
universities to promote successful transfer,
such as articulation, 2+2, or reverse transfer agreements or operation of a
university center.
(c) For Category C, community
services, the following:
(i)
The community college provides continuing education programming for leisure,
wellness, personal enrichment, or professional development.
(ii) The community college operates or sponsors
opportunities for community members to engage in activities that promote leisure, wellness,
cultural or personal enrichment such as community sports teams, theater or
musical ensembles, or artist guilds.
(iii) The community college operates public
facilities to promote cultural, educational, or personal enrichment for community members, such as
libraries, computer labs, performing arts centers, museums, art galleries, or
television or radio stations.
(iv) The community college operates public
facilities to promote leisure or wellness activities for community members,
including gymnasiums, athletic fields, tennis courts, fitness centers, hiking
or biking trails, or natural areas.
(v)
The community college promotes, sponsors, or hosts community service activities
for students, staff, or community members.
(4) Payments for performance
funding under section 201(2) shall be made to a community college only if
that community college actively participates in the Michigan Transfer Network
sponsored by the Michigan Association of Collegiate Registrars and Admissions
Officers and submits timely updates, including updated course equivalencies at
least every 6 months, to the Michigan transfer network. The state budget
director shall determine if a community college has not satisfied this
requirement. The state budget director may withhold payments for performance
funding until a community college is in compliance with this section.
Enacting section 1. Sections
218 and 227 of the state school aid act of 1979, 1979 PA 94, MCL 388.1818
and 388.1827, are repealed effective October 1, 2019.
Enacting section 2. In
accordance with section 30 of article IX of the state constitution of
1963, total state spending from state sources for community colleges for fiscal
year 2019-2020 under article II of the state school aid act of 1979, 1979 PA 94,
MCL 388.1801 to 388.1830, is estimated at $414,719,000.00 and the amount of
that state spending from state sources to be paid to local units of government
for fiscal year 2019‑2020 is estimated at $414,719,000.00.
Enacting section 3. This
amendatory act takes effect October 1, 2019.
Third: That the Senate and House
agree to the title of the bill to read as follows:
A bill to amend 1979 PA 94,
entitled An act to make appropriations to aid in the support of the public
schools, the intermediate school districts, community colleges, and public
universities of the state; to make appropriations for certain other purposes
relating to education; to provide for the disbursement of the appropriations;
to authorize the issuance of certain bonds and provide for the security of
those bonds; to prescribe the powers and duties of certain state departments,
the state board of education, and certain other boards and officials; to create
certain funds and provide for their expenditure; to prescribe penalties; and to
repeal acts and parts of acts, by amending sections 201, 201a, 206, 207a,
207b, 207c, 209, 209a, 210b, 210f, 225, 229a, and 230 (MCL 388.1801, 388.1801a,
388.1806, 388.1807a, 388.1807b, 388.1807c, 388.1809, 388.1809a, 388.1810b,
388.1810f, 388.1825, 388.1829a, and 388.1830), sections 201, 201a, 206, 207a,
207b, 207c, 209, 210b, 225, 229a, and 230 as amended and sections 209a and 210f
as added by 2018 PA 265; and to repeal acts and parts of acts.
Kim
LaSata
Jim
Stamas
Conferees
for the Senate
Scott
VanSingel
Ann
M. Bollin
Conferees
for the House
The
question being on the adoption of the conference report,
Roll Call No. 239 Yeas 58
Afendoulis Frederick LaFave Rendon
Albert Glenn Leutheuser Schroeder
Alexander Green Lightner Sheppard
Allor Griffin Lilly Slagh
Bellino Hall Lower VanSingel
Berman Hauck Maddock VanWoerkom
Bollin Hernandez Marino Vaupel
Brann Hoitenga Markkanen Wakeman
Calley Hornberger Meerman Webber
Chatfield Howell Miller Wendzel
Cole Huizenga Mueller Wentworth
Crawford Iden O Malley Whiteford
Eisen Inman Paquette Wozniak
Farrington Johnson, S. Reilly Yaroch
Filler Kahle
Nays 51
Anthony Garrett Kennedy Robinson
Bolden Garza Koleszar Sabo
Brixie Gay-Dagnogo Kuppa Shannon
Byrd Greig LaGrand Sneller
Cambensy Guerra Lasinski Sowerby
Camilleri Haadsma Liberati Stone
Carter,
T. Hammoud Love Tate
Cherry Hertel Manoogian Warren
Chirkun Hoadley Neeley Whitsett
Clemente Hood Pagan Wittenberg
Coleman Hope Peterson Witwer
Elder Johnson, C. Pohutsky Yancey
Ellison Jones Rabhi
In The Chair: Wentworth
Rep.
Cole moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Senate
Bill No. 149, entitled
A bill to
make appropriations for the state transportation department for the fiscal year
ending September 30, 2020; and to provide for the
expenditure of the appropriations.
The Senate has adopted the report
of the Committee of Conference and ordered that the bill be given immediate
effect.
The Conference Report was read as
follows:
First Conference Report
The Committee of Conference on the
matters of difference between the two Houses concerning
Senate
Bill No. 149, entitled
A bill to
make appropriations for the state transportation department for the fiscal year
ending September 30, 2020; and to provide for the expenditure of the appropriations.
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:
A bill to
make appropriations for the state transportation department for the fiscal year
ending September 30, 2020; and to provide for the expenditure of the appropriations.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
PART 1
LINE-ITEM APPROPRIATIONS
Sec. 101.
There is appropriated for the state transportation department for the fiscal
year ending September 30, 2020, from the following funds:
STATE TRANSPORTATION DEPARTMENT
APPROPRIATION SUMMARY
Full-time equated unclassified
positions......................................................... 6.0
Full-time equated classified
positions...................................................... 2,818.3
GROSS APPROPRIATION............................................................................... $ 5,386,580,200
Total interdepartmental grants and
intradepartmental transfers................................ 3,974,300
ADJUSTED GROSS APPROPRIATION............................................................ $ 5,382,605,900
Federal revenues:
Federal aid - transportation
programs................................................................... 1,352,350,100
Total federal revenues........................................................................................ 1,352,350,100
Special revenue funds:
Local revenues.................................................................................................. 51,032,000
Private revenues................................................................................................ 900,000
Total local and private revenues.......................................................................... 51,932,000
Blue Water Bridge fund..................................................................................... 24,879,600
Comprehensive transportation fund..................................................................... 353,651,700
Economic development fund............................................................................... 56,329,000
Intercity bus equipment fund............................................................................... 100,000
[Please see the PDF version of this journal, if available, to view this image.]
Local bridge fund.............................................................................................. 31,458,500
Michigan transportation fund.............................................................................. 1,835,530,500
Qualified airport fund......................................................................................... 5,850,000
Rail freight fund................................................................................................ 6,000,000
State aeronautics fund........................................................................................ 16,594,800
State trunkline fund........................................................................................... 1,247,929,700
Total other state restricted
revenues..................................................................... 3,578,323,800
State general fund/general purpose...................................................................... $ 400,000,000
Sec. 102. DEBT SERVICE
Airport safety and protection plan........................................................................ $ 3,435,800
Blue Water Bridge fund..................................................................................... 6,886,400
Comprehensive transportation............................................................................. 10,896,000
Economic development...................................................................................... 11,638,000
Local bridge fund.............................................................................................. 2,380,700
State trunkline................................................................................................... 178,660,600
GROSS APPROPRIATION............................................................................... $ 213,897,500
Appropriated from:
Federal revenues:
Federal aid - transportation
programs................................................................... 81,155,000
Special revenue funds:
Blue Water Bridge fund..................................................................................... 6,886,400
Comprehensive transportation fund..................................................................... 10,896,000
Economic development fund............................................................................... 11,638,000
Local bridge fund.............................................................................................. 2,380,700
State aeronautics fund........................................................................................ 3,435,800
State trunkline fund........................................................................................... 97,505,600
State general fund/general purpose...................................................................... $ 0
Sec. 103. COLLECTION, ENFORCEMENT,
AND OTHER AGENCY
SUPPORT SERVICES
CTF grant to civil service
commission................................................................. $ 250,000
CTF grant to department of
attorney general......................................................... 106,400
CTF grant to department of
technology, management, and budget........................... 50,900
CTF grant to department of treasury.................................................................... 33,100
CTF grant to legislative auditor
general................................................................ 39,800
MTF grant to department of
environment, Great Lakes, and energy......................... 1,383,000
MTF grant to department of state
for collection of revenue and fees........................ 20,000,000
MTF grant to department of
treasury.................................................................... 2,754,800
MTF grant to legislative auditor
general............................................................... 322,100
SAF grant to civil service
commission................................................................. 150,000
SAF grant to department of
attorney general......................................................... 185,100
SAF grant to department of
technology, management, and budget........................... 38,300
SAF grant to department of
treasury.................................................................... 73,500
SAF grant to legislative auditor
general................................................................ 31,000
STF grant to civil service
commission.................................................................. 6,321,000
STF grant to department of
attorney general......................................................... 2,076,800
STF grant to department of state
police................................................................ 11,903,300
STF grant to department of
technology, management, and budget........................... 1,460,000
STF grant to department of
treasury..................................................................... 149,700
STF grant to legislative auditor
general................................................................ 748,200
GROSS APPROPRIATION............................................................................... $ 48,077,000
Appropriated from:
Special revenue funds:
Comprehensive transportation fund..................................................................... 480,200
Michigan transportation fund.............................................................................. 24,459,900
State aeronautics fund........................................................................................ 477,900
State trunkline fund........................................................................................... 22,659,000
State general fund/general purpose...................................................................... $ 0
[Please see the PDF version of this journal, if available, to view this image.]
Sec. 104. DEPARTMENTAL ADMINISTRATION AND SUPPORT
Full-time equated unclassified
positions......................................................... 6.0
Full-time equated classified
positions........................................................ 252.3
Unclassified salaries 6.0 FTE
positions.............................................................. $ 824,100
Asset management council................................................................................. 1,876,400
Business support services 42.0 FTE
positions..................................................... 6,749,400
Commission audit 29.3 FTE
positions............................................................... 3,481,400
Economic development and
enhancement programs 10.0 FTE positions............... 1,701,400
Finance, contracts, and support
services 171.0 FTE positions............................... 21,973,400
Property management........................................................................................ 7,254,400
Road construction unionized labor
study.............................................................. 50,000
Worker s compensation...................................................................................... 1,874,300
GROSS APPROPRIATION............................................................................... $ 45,784,800
Appropriated from:
Interdepartmental grant revenues:
IDG for accounting service center
user charges..................................................... 3,974,300
Special revenue funds:
Comprehensive transportation fund..................................................................... 1,588,000
Economic development fund............................................................................... 394,400
Michigan transportation fund.............................................................................. 4,382,900
State aeronautics fund........................................................................................ 717,200
State trunkline fund........................................................................................... 34,728,000
State general fund/general purpose...................................................................... $ 0
Sec. 105. INFORMATION TECHNOLOGY
Information technology services
and projects........................................................ $ 39,035,000
GROSS APPROPRIATION............................................................................... $ 39,035,000
Appropriated from:
Federal revenues:
Federal aid - transportation
programs................................................................... 520,500
Special revenue funds:
Blue Water Bridge fund..................................................................................... 56,300
Comprehensive transportation fund..................................................................... 228,900
Economic development fund............................................................................... 37,800
Michigan transportation fund.............................................................................. 299,100
State aeronautics fund........................................................................................ 178,500
State trunkline fund........................................................................................... 37,713,900
State general fund/general purpose...................................................................... $ 0
Sec. 106. TRANSPORTATION PLANNING
Full-time equated classified
positions........................................................ 137.0
Planning services 137.0 FTE
positions.............................................................. $ 39,409,300
Grants to regional planning
councils.................................................................... 488,800
GROSS APPROPRIATION............................................................................... $ 39,898,100
Appropriated from:
Federal revenues:
Federal aid - transportation
programs................................................................... 22,000,000
Special revenue funds:
Comprehensive transportation fund..................................................................... 615,500
Michigan transportation fund.............................................................................. 9,703,400
State aeronautics fund........................................................................................ 15,200
State trunkline fund........................................................................................... 7,564,000
State general fund/general purpose...................................................................... $ 0
Sec. 107. DESIGN AND ENGINEERING
SERVICES
Full-time equated classified
positions...................................................... 1,506.3
Program development and delivery 1,031.3
FTE positions................................... $ 97,795,300
System operations management 357.0
FTE positions.......................................... 56,231,200
Business services 118.0 FTE
positions.............................................................. 17,154,300
GROSS APPROPRIATION............................................................................... $ 171,180,800
[Please see the PDF version of this journal, if available, to view this image.]
Appropriated from:
Federal revenues:
Federal aid - transportation
programs................................................................... 23,529,800
Special revenue funds:
Comprehensive transportation fund..................................................................... 187,100
Michigan transportation fund.............................................................................. 13,013,900
State aeronautics fund........................................................................................ 160,300
State trunkline fund........................................................................................... 134,289,700
State general fund/general purpose...................................................................... $ 0
Sec. 108. HIGHWAY MAINTENANCE
Full-time equated classified
positions........................................................ 760.7
State trunkline operations 760.7
FTE positions................................................... $ 405,641,800
GROSS APPROPRIATION............................................................................... $ 405,641,800
Appropriated from:
Special revenue funds:
State trunkline fund........................................................................................... 405,641,800
State general fund/general purpose...................................................................... $ 0
Sec. 109. ROAD AND BRIDGE PROGRAMS
Cities and villages............................................................................................. $ 621,156,000
County road commissioners................................................................................ 1,114,091,700
Grants to local programs.................................................................................... 33,000,000
Local agency wetland mitigation
bank fund.......................................................... 2,000,000
Local bridge program......................................................................................... 29,077,800
Local federal aid and road and
bridge construction................................................ 278,400,300
Movable bridge fund.......................................................................................... 5,337,300
Rail grade crossing............................................................................................ 3,000,000
Rail grade crossing-surface improvements............................................................ 3,000,000
State trunkline federal aid and
road and bridge construction................................... 1,329,604,600
GROSS APPROPRIATION............................................................................... $ 3,418,667,700
Appropriated from:
Federal revenues:
Federal aid - transportation
programs................................................................... 1,065,094,800
Special revenue funds:
Local funds....................................................................................................... 30,003,500
Blue Water Bridge fund..................................................................................... 11,341,100
Local bridge fund.............................................................................................. 29,077,800
Michigan transportation fund.............................................................................. 1,781,585,000
State trunkline fund........................................................................................... 501,565,500
State general fund/general purpose...................................................................... $ 0
Sec. 110. FIXING MICHIGAN ROADS
General fund fixing roads and
bridges.................................................................. 400,000,000
GROSS APPROPRIATION............................................................................... $ 400,000,000
Appropriated from:
Special revenue funds:
State general fund/general purpose...................................................................... $ 400,000,000
Sec. 111. BLUE WATER BRIDGE
Full-time equated classified
positions.......................................................... 41.0
Blue Water Bridge operations 41.0
FTE positions.............................................. $ 6,595,800
GROSS APPROPRIATION............................................................................... $ 6,595,800
Appropriated from:
Special revenue funds:
Blue Water Bridge fund..................................................................................... 6,595,800
State general fund/general purpose...................................................................... $ 0
Sec. 112. TRANSPORTATION ECONOMIC
DEVELOPMENT
Community service infrastructure
fund................................................................ $ 3,000,000
Forest roads...................................................................................................... 5,000,000
Rural county primary......................................................................................... 8,314,700
[Please see the PDF version of this journal, if available, to view this image.]
Rural county urban system.................................................................................. 2,500,000
Target industries/economic
development.............................................................. 17,129,400
Urban county congestion.................................................................................... 8,314,700
GROSS APPROPRIATION............................................................................... $ 44,258,800
Appropriated from:
Special revenue funds:
Economic development fund............................................................................... 44,258,800
State general fund/general purpose...................................................................... $ 0
Sec. 113. AERONAUTICS SERVICES
Full-time equated classified
positions.......................................................... 46.0
Air fleet operations and
maintenance 8.0 FTE positions...................................... $ 1,774,500
Air service program........................................................................................... 250,000
Aviation services 38.0 FTE
positions................................................................ 5,616,600
GROSS APPROPRIATION............................................................................... $ 7,641,100
Appropriated from:
State aeronautics fund........................................................................................ 7,641,100
State general fund/general purpose...................................................................... $ 0
Sec. 114. PUBLIC TRANSPORTATION
SERVICES
Full-time equated classified
positions.......................................................... 36.0
Passenger transportation services 36.0
FTE positions.......................................... $ 5,874,700
GROSS APPROPRIATION............................................................................... $ 5,874,700
Appropriated from:
Federal revenues:
Federal aid - transportation
programs................................................................... 972,100
Special revenue funds:
Comprehensive transportation fund..................................................................... 4,902,600
State general fund/general purpose...................................................................... $ 0
Sec. 115. LOCAL BUS TRANSIT
Local bus operating........................................................................................... $ 190,750,000
Nonurban operating/capital................................................................................. 30,027,900
GROSS APPROPRIATION............................................................................... $ 220,777,900
Appropriated from:
Federal revenues:
Federal aid - transportation
programs................................................................... 28,027,900
Special revenue funds:
Comprehensive transportation fund..................................................................... 190,750,000
Local funds....................................................................................................... 2,000,000
State general fund/general purpose...................................................................... $ 0
Sec. 116. INTERCITY PASSENGER
Full-time equated classified
positions.......................................................... 39.0
Detroit/Wayne County Port
Authority.................................................................. $ 418,200
Freight property management............................................................................. 1,000,000
Intercity services............................................................................................... 7,860,000
Marine passenger service.................................................................................... 1,500,000
Office of rail 39.0 FTE positions...................................................................... 6,656,500
Rail freight, rail economic
development............................................................... 67,566,700
Rail passenger................................................................................................... 18,000,000
GROSS APPROPRIATION............................................................................... $ 103,001,400
Appropriated from:
Federal revenues:
Federal aid - transportation
programs................................................................... 14,500,000
Special revenue funds:
Local funds....................................................................................................... 760,000
Private funds..................................................................................................... 900,000
Comprehensive transportation fund..................................................................... 77,894,400
Intercity bus equipment fund............................................................................... 100,000
Michigan transportation fund.............................................................................. 2,086,300
[Please see the PDF version of this journal, if available, to view this image.]
Rail freight fund................................................................................................ 6,000,000
State trunkline fund........................................................................................... 760,700
State general fund/general purpose...................................................................... $ 0
Sec. 117. PUBLIC TRANSPORTATION
DEVELOPMENT
Municipal credit program................................................................................... $ 2,000,000
Service initiatives.............................................................................................. 4,589,200
Specialized services........................................................................................... 18,438,900
Transit capital - urban........................................................................................ 32,317,400
Transit capital - nonurban................................................................................... 24,303,300
Transportation to work....................................................................................... 3,875,000
Van pooling...................................................................................................... 195,000
Incentive challenge fund..................................................................................... 100
GROSS APPROPRIATION............................................................................... $ 85,718,900
Appropriated from:
Federal revenues:
Federal aid - transportation
programs................................................................... 26,850,000
Special revenue funds:
Local funds....................................................................................................... 5,760,000
Comprehensive transportation fund..................................................................... 53,108,900
State general fund/general purpose...................................................................... $ 0
Sec. 118. CAPITAL OUTLAY
(1) BUILDINGS AND FACILITIES
Salt storage buildings and
containment control...................................................... $ 2,500,000
Special maintenance, remodeling, and
additions.................................................... 3,001,500
GROSS APPROPRIATION............................................................................... $ 5,501,500
Appropriated from:
Special revenue funds:
State trunkline fund........................................................................................... 5,501,500
State general fund/general purpose...................................................................... $ 0
(2) AIRPORT IMPROVEMENT PROGRAMS
Airport safety, protection and
improvement program............................................. $ 95,477,300
Detroit Metropolitan Wayne County
Airport......................................................... 5,850,000
GROSS APPROPRIATION............................................................................... $ 101,327,300
Appropriated from:
Federal revenues:
Federal aid - transportation
programs................................................................... 79,000,000
Special revenue funds:
Local funds....................................................................................................... 12,508,500
Qualified airport fund......................................................................................... 5,850,000
State aeronautics fund........................................................................................ 3,968,800
State general fund/general purpose...................................................................... $ 0
Sec. 119. ONE-TIME BASIS ONLY
Carbide dock/Soo Locks project.......................................................................... $ 1,000,000
Freight rail economic development...................................................................... 100
Rail grade separation project............................................................................... 22,700,000
GROSS APPROPRIATION............................................................................... $ 23,700,100
Appropriated from:
Federal aid........................................................................................................ 10,700,000
Comprehensive transportation fund..................................................................... 13,000,100
State general fund/general purpose
- one-time....................................................... $ 0
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
FOR FISCAL YEAR 2019-2020
GENERAL SECTIONS
Sec. 201. Pursuant to section 30
of article IX of the state constitution of 1963, total state spending from
state sources under part 1 for fiscal year 2019-2020 is $3,978,323,800.00 and
state spending from state sources to be paid to local units of government for
fiscal year 2019-2020 is $2,380,150,900.00. The itemized statement below
identifies appropriations from which spending to local units of government will
occur:
STATE TRANSPORTATION DEPARTMENT
Grants to regional planning
councils.................................................................... $ 488,800
Cities and villages............................................................................................. 688,191,000
County road commissions................................................................................... 1,234,324,200
Grants to local programs.................................................................................... 33,000,000
Local bridge program......................................................................................... 54,077,800
Local bridge projects.......................................................................................... 67,500,000
Local agency wetland mitigation......................................................................... 2,000,000
Movable bridge................................................................................................. 2,668,700
Rail grade crossing............................................................................................ 1,500,000
Rail grade surface crossing
improvements............................................................ 3,000,000
Transportation economic
development................................................................. 37,749,600
Air service program........................................................................................... 250,000
Local bus operating........................................................................................... 190,750,000
Detroit/Wayne County Port
Authority.................................................................. 418,200
Marine passenger service.................................................................................... 1,000,000
Municipal credit program................................................................................... 2,000,000
Service initiatives.............................................................................................. 2,614,200
Specialized services........................................................................................... 4,353,900
Transit capital................................................................................................... 40,070,700
Transportation to work....................................................................................... 4,375,000
Airport safety, protection, and
improvement program............................................ 3,968,800
Detroit Metropolitan Wayne
County Airport......................................................... 5,850,000
Total payments to local units of
government......................................................... $ 2,380,150,900
Sec. 202. The appropriations
authorized under this part and part 1 are subject to the management and budget
act, 1984 PA 431,
Sec. 203. As used in this part
and part 1:
(a) CTF means comprehensive
transportation fund.
(b) Department means the state
transportation department.
(c) Director means the
director of the department.
(d) DOT means the United
States Department of Transportation.
(e) DOT-FHWA means DOT,
Federal Highway Administration.
(f) FTE means full-time
equated.
(g) IDG means
interdepartmental grant.
(h) MTF means Michigan
transportation fund.
(i) SAF means state
aeronautics fund.
(j) STF means state trunkline
fund.
Sec. 204. The departments and
agencies receiving appropriations in part 1 shall use the internet to fulfill
the reporting requirements of this part. This requirement may include
transmission of reports via electronic mail to the recipients identified for
each reporting requirement, or it may include placement of reports on an
internet or intranet site.
Sec. 205. Funds appropriated in
part 1 shall not be used for the purchase of foreign goods or services, or
both, if competitively priced and of comparable quality American goods or
services, or both, are available. Preference shall be given to goods or
services, or both, manufactured or provided by Michigan businesses, if they are
competitively priced and of comparable quality. In addition, preference shall
be given to goods or services, or both, that are manufactured or provided by
Michigan businesses owned and operated by veterans, if they are competitively
priced and of comparable quality.
Sec. 206. The 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. 207.
The departments and agencies receiving appropriations in part 1 shall prepare a
report on out‑of‑state travel expenses not later than January 1 of
each year. The travel report shall be a listing of all travel by classified and
unclassified employees outside this state in the immediately preceding fiscal
year that was funded in whole or in part with funds appropriated in the
department s budget. The report shall be submitted to the senate and house
appropriations committees, the house and senate fiscal agencies, and the state
budget director. The report shall include the following information:
(a) The dates of each travel
occurrence.
(b) The transportation and related
costs of each travel occurrence, including the proportion funded with state
general fund/general purpose revenues, the proportion funded with state restricted
revenues, the proportion funded with federal revenues, and the proportion
funded with other revenues.
Sec. 208. Funds appropriated in
part 1 shall not be used by a principal executive department, state agency, or
authority to hire a person to provide legal services that are the
responsibility of the attorney general. This prohibition does not apply to
legal services for bonding activities and for those activities that the
attorney general authorizes.
Sec. 209. Not later than November
30, the state budget office shall prepare and transmit a report that provides
for estimates of the total general fund/general purpose appropriation lapses at
the close of the prior fiscal year. This report shall summarize the projected
year-end general fund/general purpose appropriation lapses by major
departmental program or program areas. The report shall be transmitted to the
chairpersons of the senate and house of representatives standing committees on
appropriations and the senate and house fiscal agencies.
Sec. 210. (1) In addition to the
funds appropriated in part 1, there is appropriated an amount not to exceed
$40,000,000.00 for federal contingency funds. These funds are not available for
expenditure until they have been transferred to another line item in part 1
pursuant to 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 pursuant to section 393(2) of the management and budget act,
1984 PA 431, MCL 18.1393.
(3) In addition to the funds
appropriated in part 1, there is appropriated an amount not to exceed
$1,000,000.00 for local contingency funds. These funds are not available for
expenditure until they have been transferred to another line item in part 1
pursuant to section 393(2) of the management and budget act, 1984 PA 431,
MCL 18.1393.
(4) In addition to the funds
appropriated in part 1, there is appropriated an amount not to exceed
$1,000,000.00 for private contingency funds. These funds are not available for
expenditure until they have been transferred to another line item in part 1
pursuant to section 393(2) of the management and budget act, 1984 PA 431,
MCL 18.1393.
Sec. 211. The department shall
cooperate with the department of technology, management, and budget to maintain
a searchable website accessible by the public at no cost that includes, but is
not limited to, all of the following:
(a) Fiscal year-to-date
expenditures by category.
(b) Fiscal year-to-date
expenditures by appropriation unit.
(c) Fiscal year-to-date payments
to a selected vendor, including the vendor name, payment date, payment amount,
and payment description.
(d) The number of active
department employees by job classification.
(e) Job specifications and wage
rates.
Sec. 212. Within 14 days after the
release of the executive budget recommendation, the department shall cooperate
with the state budget office to provide the senate and house appropriations
chairs, the senate and house appropriations subcommittees chairs, and the
senate and house fiscal agencies with an annual report on estimated state
restricted fund balances, state restricted fund projected revenues, and state
restricted fund expenditures for the fiscal years ending September 30, 2019 and
September 30, 2020.
Sec. 213. The department shall
maintain, on a publicly accessible website, a department scorecard that
identifies, tracks, and regularly updates key metrics that are used to monitor
and improve the department s performance.
Sec. 214. Total authorized
appropriations from all sources under part 1 for legacy costs for the fiscal
year ending September 30, 2020 are $63,863,700.00. From this amount, total
agency appropriations for pension-related legacy costs are estimated at
$31,045,600.00. Total agency appropriations for retiree health care legacy
costs are estimated at $32,818,100.00.
Sec. 215. A department shall not
take disciplinary action against an employee for communicating with a member of
the legislature or his or her staff. The department shall not require state
employees of the department to report communications with a legislator or
legislative staff.
Sec. 217. The department shall
provide notice to the speaker of the house, the house minority leader, the senate majority leader, the senate minority
leader, the house and senate standing committees on transportation, the
appropriate house and senate appropriations subcommittees on transportation,
and the house and senate fiscal agencies on proposed federal rule changes
related to the department that would require amendments to the laws of this
state. The notice shall be given within 30 business days of the proposed
federal rule being posted to the federal register and shall include a
description of the proposed federal rule, the publication date, the date when
public comment closes, the document citation, and a description of the
statutory changes needed when the rule is finalized.
Sec. 270. In order to reduce costs
and maintain quality, it is the intent of the legislature that, excluding the
fleet of motor vehicles for the department of state police, the department will
prioritize the utilization of remanufactured parts as the primary means of
maintenance and repair for the state of Michigan s fleet of motor vehicles.
Sec. 280. From the general funds
appropriated in part 1, section 110, the department shall expend funds and
award grants as follows:
(a) One hundred thirty-two
million of ongoing general fund dollars shall be used for road and bridge
construction and distributed to the following entities in the following
amounts:
(i) To county road commissioners, $51,612,000.00 shall be
distributed in accordance with section 12 of 1951 PA 51, MCL 247.662.
(ii) To cities and villages, $28,776,000.00 shall be distributed in
accordance with section 13 of 1951 PA 51, MCL 247.663.
(iii) To the department, $51,612,000.00
shall be distributed for road and bridge construction and maintenance of
the state trunkline.
(b) Not more than $25,000,000.00
shall be used on a one-time basis for the local bridge program.
(c) The remaining
$243,000,000.00 shall be expended on a one-time basis to the following projects
in the following order:
(i) To the following bridge projects:
(A) A
bridge between Service Drive and Rotunda Drive owned by a county with a
population over 1,750,000 in a city with a population between 98,100 and 98,200 according to the
most recent federal decennial census.
(B) A bridge between 168th
Avenue and Landing Drive owned by a city with a population between 2,850 and
2,900 in a county with a population between 260,000 and 270,000 according to
the most recent federal decennial census.
(C) A bridge east of Lakeshore
Drive owned by a county with a population between 800,000 and 900,000 in a
township with a population between 24,500 and 24,600 according to the most
recent federal decennial census.
(D) A bridge between Platt
Street and River Street owned by a city with a population between 114,200 and
114,300 in a county with a population between 280,000 and 290,000 according to
the most recent federal decennial census.
(ii) To county road commissioners, cities and villages, and the
department in proportion to the distribution amounts
identified in section 10(l) of
1951 PA 51, MCL 247.660. Distributions to county road commissioners
shall be made in accordance with section 12 of 1951 PA 51, MCL
247.662. Distributions to cities and villages shall be made in accordance with section 13
of 1951 PA 51, MCL 247.663.
DEPARTMENT ADMINISTRATION AND SUPPORT
Sec. 301. (1) The department may
establish a fee schedule and collect fees sufficient to cover the costs to
issue the permits that the department is authorized by law to issue upon
request, unless otherwise stipulated by law. All permit fees are nonrefundable
application fees and shall be credited to the appropriate fund to recover the
direct and indirect costs of receiving, reviewing, and processing the requests.
(2) A bridge authority shall
hold 3 public hearings on an increase in any toll charged by the authority at
least 30 days before the toll change will become effective. Two of the hearings
shall be held within 5 miles of the bridge over which the bridge authority has
jurisdiction. One hearing shall be held in Lansing. Public hearings held under
this section shall be conducted in accordance with the open meetings act,
1976 PA 267,
Sec. 304. If, as a requirement
of bidding on a highway project, the department requires a contractor to submit
financial or proprietary documentation as to how the bid was calculated, that
bid documentation shall be kept confidential and shall not be disclosed other
than to a department representative without the contractor s written consent.
The department may disclose the bid documentation if necessary to address or
defend a claim by a contractor.
Sec. 305. (1) The department may
permit space on public passenger transportation properties to be occupied by
public or private tenants on a competitive market rate basis. The department
shall require that revenue from the tenants be placed in an account to be used
to pay the costs to maintain and improve the property.
(2) The department shall charge
public transit agencies and intercity bus carriers equal rates per square foot
for leasing space in state-owned intermodal facilities.
Sec. 306. (1) The amounts
appropriated in part 1 to support tax and fee collection, law enforcement, and
other program services provided to the department and to transportation funds
by other state departments shall be expended from transportation funds pursuant
to annual contracts between the department and those other state departments.
The contracts shall be executed prior to the expenditure or obligation of those
funds. The contracts shall provide, but are not limited to, the following data
applicable to each state department:
(a) Estimated costs to be
recovered from transportation funds.
(b) Description of services
provided to the department and/or transportation funds and financed with
transportation funds.
(c) Detailed cost allocation
methods appropriate to the type of services being provided and the activities
financed with transportation funds.
(2) Not later than 2 months
after publication of the state of Michigan comprehensive annual financial
report, each state department receiving funding pursuant to an interdepartment
contract with the department shall submit a written report to the department,
the state budget director, and the house and senate fiscal agencies stating by
spending authorization account the amount of estimated funds contracted with
the department, the amount of funds expended, the amount of funds returned to
the transportation funds, and any unreimbursed transportation-related costs
incurred but not billed to transportation funds. A copy of the report shall be
submitted to the auditor general, and the report shall be subject to audit.
(3) The auditor general shall
use a risk-based approach in developing an audit program for the use of
transportation funds.
Sec. 307. Before March 1 of each
year, the department will provide to the legislature, the state budget
director, and the house and senate fiscal agencies its rolling 5-year plan
listing by county or by county road commission all highway construction
projects for the fiscal year and all expected projects for the ensuing fiscal
years.
Sec. 308. By January 15, 2020,
the department must provide a report to the legislature that includes all of
the following:
(a) A list of all real estate
owned or held by the department.
(b) The current market value of
any real estate owned or held by the department.
(c) The amount paid for any real
estate owned or held by the department.
(d) A list of any real estate
sold by the department during the prior fiscal year, along with the amount of
the sale and the names of the purchasers of the real estate.
Sec. 309. No later than 90 days
before the close of the fiscal year, the department shall compile and issue a report to the legislature regarding the use of
employee accountability systems, including electronic monitoring of
FTEs, contractors, part-time workers, and vendors. The report must include, but
is not limited to, all of the following:
(a) The number of individuals
being monitored during the fiscal year.
(b) The standards used to assess
individual performance.
(c) Any general findings from
the accountability systems.
(d) Any specific findings from
the accountability systems.
(e) A list of any corrective
measures taken as a result of any findings from the accountability systems.
(f) The standards by which the
department applied personnel corrective measures.
Sec. 310. The department shall
provide in a timely manner copies of the agenda and approved minutes of monthly transportation commission meetings to the
members of the house and senate appropriations subcommittees on
transportation, the house and senate fiscal agencies, and the state budget
director.
Sec. 311. From funds
appropriated in part 1, the department shall research 3 options for the
relocation of its 3 highest rent operations to an area within the state located
in a unit of government that is an enterprise zone under the enterprise zone
act, 1985 PA 224, MCL 125.2101 to 125.2123, and not within 150 miles of
the state capitol. The department shall report to each house of the legislature
on its activities and findings under this section.
Sec. 313. (1) From funds
appropriated in part 1, the department may increase a state infrastructure bank
program and grant or loan funds in accordance with regulations of the state
infrastructure bank program of the United States Department of Transportation.
The state infrastructure bank is to be administered by the department for the
purpose of providing a revolving, self-sustaining resource for financing
transportation infrastructure projects.
(2) In addition to funds provided
in subsection (1), money received by the state as federal grants,
repayment of state infrastructure bank loans, or other reimbursement or revenue
received by the state as a result of projects funded by the program and
interest earned on that money shall be deposited in the revolving state
infrastructure bank fund and shall be available for transportation
infrastructure projects. At the close of the fiscal year, any unencumbered
funds remaining in the state infrastructure bank fund shall remain in the fund
and be carried forward into the succeeding fiscal year.
(3) The department shall submit a
report to the state budget director, the house and senate appropriations
subcommittees on transportation, and the house and senate fiscal agencies on
the status of the state infrastructure bank. The report shall be submitted on
or before December 1, 2019. The report shall include all of the following:
(a) The balance in the state
infrastructure bank at September 30, 2019, including a breakdown of the balance
by cash and cash equivalents, outstanding loans, and balance available for loan
to local agencies.
(b) A breakdown of the state
infrastructure loan balance by amounts designated as originating from federal
sources and the amounts originating from nonfederal sources.
(c) A list of outstanding loans by
agency, original loan amount, project description, loan term, and amount
outstanding.
Sec. 319. The department shall
post signs at each rest area to identify the agency or contractor responsible
for maintenance of the rest area. The signs shall include a department
telephone number and shall indicate that unsafe or unclean conditions at the
rest area may be reported to that telephone number.
Sec. 320. From the funds
appropriated in part 1, all payments by the department to counties, cities,
villages, and transit agencies or authorities must be accompanied by a
statement that includes all of the following:
(a) The amount of the current
payment.
(b) The date and estimated amount
for the next payment.
(c) The dates and estimated
payments for the next 12 months.
(d) The amount of any money being
withheld by the department and the date by which the money can be fully
recovered.
Sec. 323. From the funds
appropriated in part 1, the department shall take all actions needed to develop
a solicitation for proposals for the sale of department-owned rail property
between Grayling and Gaylord by September 30, 2020. Any proposals received by
the department shall include a commitment to maintain the rail property between
Grayling and Gaylord as an operational rail line.
Sec. 324. (1) From the funds
appropriated in part 1, the department shall take all actions needed to develop
a solicitation for proposals for the sale of the following state-owned airports
in this state by September 30, 2020:
(a) Romeo State Airport.
(b) Linden (Price s Airport).
(2) In developing solicitations
for proposals under this section, the department may include an option for the
sale of all state-owned airports in this state.
(3) Money from the sale of
state-owned airports shall be used to offset any costs associated with the
sale, including costs related to contract termination.
Sec. 327. From the funds
appropriated in part 1, Road Construction Unionized Labor Study, the department
shall do all of the following:
(a) Provide for economical,
nondiscriminatory, neutral, and efficient procurement of construction-related
goods and services by this state and political subdivisions of this state in
awarding contracts from funds appropriated in part 1.
(b) Not award any contract using
funds appropriated in part 1 for the construction, repair, remodeling, or
demolition of a project to a prime contractor who, as a condition of awarding
or not awarding a contract to a subcontractor, does either of the following:
(i) Requires or prohibits a subcontractor in the performance of work
to comply with any rates, terms or conditions, or fringe benefit contributions
of a collective bargaining agreement.
(ii) Requires or prohibits a subcontractor with employees to pay
into any health, welfare, educational, or retirement benefit fund in which
their employees do not participate.
(c) Perform a study analyzing the
number of union labor hours and nonunion labor hours used on state road
construction projects.
(d) As used in this section, project
means any actual physical improvement to real property owned or leased by the
department, including, but not limited to, roads, bridges, runways, rails, or a
building or structure including the building s or structure s grounds,
approaches, services, and appurtenances.
Sec. 328. From the funds
appropriated in part 1, section 104, the department shall do the
following:
(a) Not later than 90 days before the close of the fiscal year, the
department shall issue a report to each house of the legislature regarding
freedom of information act compliance by the department that includes all of
the following:
(i) The estimated cost and number of staff hours spent by the
department to comply with the freedom of information act during the reporting
period.
(ii) The estimated number of freedom of information act requests to
the department, listed by subject area, during the reporting period.
(iii) A copy of each freedom of information act request to the
department during the reporting period.
(iv) A copy of each freedom of information act response by the
department to the requester during the reporting period.
(v) Any documents relating to an appeal or contested case involving
a freedom of information act request to the department during the reporting
period.
(b) The department shall submit
the report described in subdivision (a) in electronic format.
Sec. 353. The department shall
review its contractor payment process and ensure that all prime contractors are
paid promptly. The department shall ensure that prime contractors are in
compliance with special provision 109.10 regarding the prompt payment of
subcontractors.
Sec. 357. When presented with
complete local federal aid project submittals, the department shall complete
all necessary reviews and inspections required to let local federal aid
projects within 120 days of receipt. The department shall implement a system
for monitoring the local federal aid project review process.
Sec. 375. The department is
prohibited from reimbursing contractors or consultants for costs associated
with groundbreaking ceremonies, receptions, open houses, or press conferences
related to transportation projects funded, in whole or in part, by revenue
appropriated in part 1.
Sec. 376. The department shall not
spend funds appropriated in part 1 for the purpose of examining the potential
association between commercial signs, outdoor advertising signs, billboards,
digital billboards, or commercial electronic variable message signs and motor
vehicle activity or motor vehicle driver behavior.
Sec. 381. The department shall
require as a condition of each contract or subcontract for construction,
maintenance, or engineering services that the prequalified contractor or
prequalified subcontractor agree to use the E-Verify system to verify that all
persons hired during the contract term by the contractor or subcontractor are
legally present and authorized to work in the United States. The department may
verify this information directly or may require contractors and subcontractors
to verify the information and submit a certification to the department. The
department shall report to the house and senate appropriations committees and
the house and senate fiscal agencies by March 1 of each year describing the
processes it has developed and implemented under provisions of this section. As
used in this section, E-Verify means an internet-based system operated by the
Department of Homeland Security, U.S. Citizenship and Immigration Services in
partnership with the Social Security Administration.
Sec. 382. In administering a
contract with a county road commission, city, or village that allocates costs
of construction or reconstruction of highways, roads, and streets as provided
in section 18d of 1951 PA 51, MCL 247.668d, the department shall
submit the final cost-sharing bill to the county road commission, city, or
village not later than 2 years after the date of the final contract payment to
the construction contractor.
Sec. 383. (1) The department shall
prepare a report on use of department-owned aircraft during the fiscal year
ending September 30, 2019. With respect to each department-owned aircraft, the
report shall include all of the following:
(a) Total hours of usage.
(b) Description of specific
flights including dates of travel, names of passengers including state agency,
university, or local government affiliation, travel origin and destination, and
total estimated costs associated with the air travel.
(2) The report shall be submitted
to the senate and house appropriations subcommittees on transportation, state
budget director, and the house and senate fiscal agencies no later than
February 1, 2020.
(3) The department shall maintain
a system for recovering the cost of operating department-owned aircraft through
charges to aircraft users.
(4) From the funds appropriated in
part 1, the department is prohibited from transporting legislators or
legislative staff on state-owned aircraft without prior approval from the
senate majority leader or the speaker of the house of representatives and only
when the aircraft is already scheduled by state agencies on related official
state business.
Sec. 384. (1) Except as otherwise
provided in subsection (2), the department shall not obligate the state to
expend any state transportation revenue for construction planning or
construction of the Gordie Howe International Crossing or a renamed successor.
In addition, except as provided in subsection (2), the department shall
not commit the state to any new contract related to the construction planning
or construction of the Gordie Howe International Crossing or a renamed
successor that would obligate the state to expend any state transportation
revenue. An expenditure for staff resources used in connection with project activities,
which expenditure is subject to full and prompt reimbursement from Canada,
shall not be considered an expenditure of state transportation revenue.
(2) If the legislature enacts
specific enabling legislation for the construction of the Gordie Howe
International Crossing or a renamed successor, subsection (1) does not
apply once the enabling legislation goes into effect.
Sec. 385. (1) The department shall
submit monthly reports to the state budget director, the speaker of the house
of representatives, the house of representatives minority leader, the senate
majority leader, the senate minority leader, the house and senate
appropriations subcommittees on transportation, and the house and senate fiscal
agencies on all of the following:
(a) All expenditures made by the
state related to the Gordie Howe Bridge.
(b) All reimbursements made by
Canada under section 384(1) of this part to the state for expenditures for
staff resources used in connection with project activities.
(2) The initial report required
under subsection (1) shall be submitted on or before December 1, 2019. The
initial report shall cover the fiscal year ending September 30, 2019.
Sec. 386. (1) On or before May 1
of each year, the department shall submit a report to the state budget director,
the house and senate appropriations subcommittees on transportation, and the
house and senate fiscal agencies on its toll credit program. The report shall
include the following information:
(a) The amount of toll credits
earned and certified by the DOT-FHWA in the prior fiscal year.
(b) The value of toll credits used
by programs and projects in the previous fiscal year.
(c) The balance of available toll
credits at the end of the prior fiscal year.
(d) A discussion of the department s
strategy for using toll credits.
(2) The department shall use toll
credits to match grants from federal funds in the following order of priority:
(a) State trunkline and local
agency road and bridge construction and preservation projects.
(b) Rail infrastructure projects.
(c) Transit capital grants.
(d) Aeronautics capital grants.
(e) Any other eligible projects.
(f) Bike paths.
Sec. 387. (1) Within 60 days of
completion of any formal traffic study, formal traffic control study, or formal
traffic mitigation study, the department shall post the results of the study on
the department s website.
(2) As used in this section, the
terms traffic study , traffic control study , and traffic mitigation study
include, but are not limited to, investigations into the need for traffic
lights, reviews of traffic speeds and related recommendations regarding speed
limits, and ways to improve traffic flow during peak travel times.
Sec. 389. Within 30 days of
entering into a long-term agreement with a private contractor, a public agency,
or a partnership between 1 or more private contractors or public agencies, the
department shall notify the state budget director, the house and senate
appropriations subcommittees on transportation, and the house and senate fiscal
agencies of the agreement, including the subject of the agreement, the term of
the agreement, and financial obligations under the agreement. As used in this
section, long-term agreement means an agreement that obligates the department
for a period of 5 years or more and that actually or contingently obligates the
department to make payments over the contract period of $5,000,000.00 or more.
Sec. 390. (1) Within 14 days after
the release of the executive budget recommendation, the department shall report
on prior fiscal year revenues, expenditures, and ending balances, including a
description of obligations or restrictions in ending balances, for the
following funds and accounts:
(a) The moveable bridge fund.
(b) The rail grade crossing
account.
(c) The transportation economic
development fund.
(d) The roads and risks reserve
fund.
(e) Any unencumbered general fund
revenue.
(f) Any unexpended federal
earmarks.
(2) The department shall transmit
the reports required under this section to the state budget director, the
house and senate appropriations subcommittees on transportation, and the house
and senate fiscal agencies.
Sec. 391. The department shall not
use any funds from the appropriations in part 1 to perform, or to assist any
other state department in performing, inspections or testing of motor fuel
quality.
Sec. 393. The department shall
promote best practices for public transportation services in this state,
including, but not limited to, the following:
(a) Transit
vehicle rehabilitation to reduce life-cycle cost of public transportation
through midlife rehabilitation of transit buses.
(b) Cooperation between entities
using transit, including school districts, cities, townships, and counties with
a view to promoting cost savings through joint purchasing of fuel and other
procurements.
(c) Coordination of transportation
dollars among state departments which provide transit-related services,
including the department of health and human services. Priority should be given
to use of public transportation services where available.
(d) Promotion of intelligent
transportation services for buses that incorporate computer and navigation
technology to make transit systems more efficient, including stoplight
coordinating, vehicle tracking, data tracking, and computerized scheduling.
Sec. 394. The department and local
road agencies shall make the preservation of their existing road networks a
funding priority.
Sec. 395. From the funds
appropriated in part 1 for state trunkline federal aid road and bridge
construction, the department may expend up to $10,000,000.00 on highway
maintenance activities to support safety-related, high-priority, and other
deferred routine maintenance needs on Michigan s state trunkline network.
Sec. 396. In soliciting proposals
for contractual services, other than construction contracts, the department
shall obtain assurance that the respondents have the financial capability,
equipment, work force, and prior work experience sufficient to perform the
proposed services.
Sec. 398. The department shall
continue to work to eliminate fatalities and serious injuries on Michigan s
trunkline and shall maintain the Toward Zero Deaths statewide safety campaign.
The department shall prioritize additional median cable guardrail installation
when appropriate to address trunkline locations with a history of correctable
fatal and serious injury crashes.
FEDERAL
Sec. 402. A portion of the federal
DOT-FHWA highway research, planning, and construction funds made available to
this state shall be allocated to transportation programs administered by local
jurisdictions in accordance with section 10o of 1951 PA 51,
Sec. 403.
After meeting the capital needs of existing section 5310 subrecipients,
the department shall include in its grant application to the Federal
Transit Administration replacement buses for rural transit agencies to the
maximum extent possible based on the federal regulations that govern the section 5310
program.
MICHIGAN TRANSPORTATION FUND
Sec. 501. The money received under
the motor carrier act, 1933 PA 254,
Sec. 503. (1) The funds
appropriated in part 1 for the economic development and local bridge programs
shall not lapse at the end of the fiscal year but shall carry forward each
fiscal year for the purposes for which appropriated in accordance with 1987 PA 231,
(2) Interest earned in the
department of transportation economic development fund and local bridge fund
shall remain in the respective funds and shall be allocated to the respective
programs based on actual interest earned at the end of each fiscal year.
(3) In addition to the funds
appropriated in part 1, the department of transportation economic development
fund and local bridge fund may receive federal, local, or private funds or
restricted source funds such as interest earnings. These funds are appropriated
for projects that are consistent with the purposes of the respective funds.
(4) None of the funds statutorily
dedicated to the transportation economic development fund and local bridge fund
shall be diverted to other projects.
Sec. 504.
Funds from the Michigan transportation fund shall be distributed to the
comprehensive transportation fund, the economic development fund, the
recreation improvement fund, and the state trunkline fund, in accordance with
this part and part 1 and part 711 of the natural resources and environmental
protection act, 1994 PA 451,
STATE TRUNKLINE FUND
Sec. 601. The department shall
maintain documentation to support initial acceptance of warrantied projects,
interim and final inspections, and notifications to contractors that the
warranty period had expired. The department also shall review and evaluate
consultant evaluation requirements or recommendations and update existing
policies and procedures accordingly.
Sec. 604. At the close of the
fiscal year, any unencumbered and unexpended balance in the state trunkline
fund shall remain in the state trunkline fund and shall carry forward and is
appropriated for federal aid road and bridge programs for projects contained in
the annual state transportation program.
Sec. 605. (1) From the increased
funds appropriated in part 1 for highway maintenance, the department shall
expand highway maintenance activities in the current fiscal year to support
flooding mitigation-related activities on limited-access state trunklines in
Wayne, Oakland, and Macomb Counties, as well as other safety-related,
high-priority, and deferred routine maintenance needs on Michigan s state
trunkline network.
(2) The department shall report on
specific outcomes and performance measures, including, but not limited to, the
following:
(a) The number of drainage catch
basins cleaned on limited-access state trunklines in Wayne, Oakland, and Macomb
Counties during the fiscal year ending September 30, 2020.
(b) The number of flooding-related
closures on limited-access state trunklines in Wayne, Oakland, and Macomb
Counties during the fiscal year ending September 30, 2020.
Sec. 610. The department shall
have as a priority the removal of dead deer and other large animal remains from
the traveled portion and shoulder of state highways. The department, and
counties that perform state highway maintenance under contract, shall remove
animal remains, wherever practicable and when funds are available, away from
the traveled portion and shoulder of state highways.
Sec. 612. The department shall
establish guidelines governing incentives and disincentives provided under
contracts for state trunkline projects. The guidelines shall include specific
financial information concerning incentives and disincentives. On or before
January 1 of each year, the department shall prepare a report for the
immediately preceding fiscal year regarding contract incentives and disincentives.
This report shall include a list, by project, of the contractors that received
contract incentives and/or disincentives, the amount of the incentives and/or
disincentives, the fund source of any incentives, and the number of days that
each project was completed either ahead or past the contracted completion date.
This report shall be provided to the senate
and house appropriations subcommittees on transportation, the senate and house
standing committees on transportation, and the senate and house fiscal
agencies.
Sec. 613. (1) On or before
February 1 of each year, the department shall prepare a report on all capital
federal aid participating construction projects completed in the prior fiscal
year. The report shall include the following information:
(a) Location of the project.
(b) General description of the
project.
(c) As-bid cost of the project.
(d) As-built cost of the project.
(e) Estimated completion date.
(f) Actual completion date.
(g) Whether design engineering was
performed by department staff or contract engineering consultants, and, if
performed by contract engineering consultants, the name of the contract
engineering consultant firm or firms.
(h) Design engineering costs.
(i) Whether
construction engineering was performed by department staff or contract
engineering consultants, and, if performed by contract engineering consultants, the name of the
contract engineering consultant firm or firms.
(j) Construction engineering
costs.
(k) Design life.
(2) The report shall include a
discussion of design engineering and construction engineering costs as a
proportion of total project costs and in comparison with other state
transportation agencies. The report shall also include a discussion of relative
efficiency and effectiveness of work performed by department staff and work
performed by contract engineering consultants.
(3) The
report described in this section shall be provided to the senate and house
appropriations subcommittees on transportation, the senate and house
standing committees on transportation, and the senate and house fiscal
agencies.
Sec. 660. (1) The legislature
encourages the department to examine the use of alternative road surface
materials, including recycled materials, and to develop criteria and
specifications for their use in both department-managed and contracted
projects.
(2) The
department shall report on efforts taken to implement this section. The report
shall include descriptions of specific materials evaluated, evaluation methods, and results of
specific field or laboratory tests. The department
shall complete and submit the report to the state budget director, the house
and senate appropriations subcommittees on transportation, and the house
and senate fiscal agencies on or before March 1 of each year.
Sec. 661. (1) From funds
appropriated in part 1, the department shall establish a collaborative
stakeholder group to review innovative road
materials and innovative road and bridge design and construction
specifications. The collaborative group shall include representatives
from the following stakeholder groups:
(a) The DOT-FHWA.
(b) An appointee of the speaker of
the house of representatives.
(c) An appointee of the senate
majority leader.
(d) The Asphalt Pavement Association
of Michigan.
(e) The Michigan Concrete
Association.
(f) The Michigan Council of
Engineering Companies of Michigan.
(g) The Michigan Infrastructure
and Transportation Association.
(h) The County Road Association
of Michigan.
(i) The Michigan Municipal
League.
(j) The Michigan Association of
Drain Commissioners.
(k) The Michigan Aggregates
Association.
(l) The Michigan Association of Counties.
(m) The Michigan Road
Preservation Association.
(2) Beginning July 1, 2020, the
department shall report quarterly on the activities of the collaborative
stakeholder group established under this section. The report shall be provided
by April 1, 2020, to the house appropriations
committee, the senate appropriations committee, the house standing committee on
transportation and infrastructure, the senate standing committee on
transportation and infrastructure, and the house and senate fiscal agencies.
The report shall describe the innovative materials and innovative road and
bridge design and construction specifications submitted for review. The report
shall also describe, of the innovative materials and innovative road and bridge
design and construction specifications submitted for review, the submissions
recommended for adoption by the department and the submissions not recommended
for adoption by the department. The department shall provide recipients with
updated reports on activities of the collaborative stakeholder group by July 1,
2020 and September 30, 2020.
TRANSIT AND RAIL RELATED FUNDS
Sec. 701. The department shall
establish an intercity bus equipment and facility fund as a subsidiary fund
within the comprehensive transportation fund created under section 10b of
1951 PA 51, MCL 247.660b. Proceeds received by this state from the sale of
state-owned intercity bus equipment shall be credited to the intercity bus equipment and facility fund for the
purchase and repair of intercity bus equipment, as appropriated.
Security deposits not returned to a lessee of state-owned intercity bus
equipment under terms of the lease agreement shall be credited to the intercity
bus equipment and facility fund for the repair of intercity bus equipment, as appropriated. Money received by the
department from lease payments for state‑owned intercity bus
equipment, and facility maintenance charges under terms of leases of
state-owned intercity facilities, shall be credited to the intercity bus
equipment and facility fund for the purchase and repair of intercity bus
equipment or for the maintenance and rehabilitation of state-owned intercity
facilities, as appropriated. At the close of the fiscal year, any funds
remaining in the intercity bus equipment and facility fund shall remain in the
fund and be carried forward into the succeeding fiscal year.
Sec. 702. Money that is received
by this state as repayment for loans made for rail or water freight capital
projects, and as a result of the sale of property or equipment used or
projected to be used for rail or water freight projects shall be deposited in
the rail freight fund created by section 17 of the state transportation
preservation act of 1976, 1976 PA 295,
Sec. 703.
After receiving notification from a railroad company pursuant to section 8
of the state transportation preservation act of 1976, 1976 PA 295,
Sec. 704. From the funds
appropriated in part 1, the department shall prepare and transmit a report that
provides detail regarding the department s obligations for programs funded
under the appropriation in part 1 for rail operations and infrastructure.
The report shall include a breakdown of the appropriation by program, year-to-date
obligations under each program itemized by project, and an estimate of future
obligations under each program itemized by project for the remainder of the
fiscal year. The initial report shall be submitted to the senate and house
appropriations subcommittees on transportation, the state budget director, and
the senate and house fiscal agencies, on or before February 1, 2020. The
department also shall update and resubmit the final report on or before
November 1, 2020.
Sec. 706. The Detroit/Wayne County
Port Authority shall issue a complete operations assessment and a financial
disclosure statement. The operations assessment shall include operational goals
for the next 5 years and recommendations to improve land acquisition and
development efficiency. The report shall be completed and submitted to the
house of representatives and senate appropriations subcommittees on
transportation, the state budget director, and the house and senate fiscal
agencies by June 30 of each fiscal year for the prior fiscal year.
Sec. 711. (1) As prescribed in
subsection (2), the department shall submit reports to the state budget
director, the house and senate appropriations subcommittees on transportation,
and the house and senate fiscal agencies on rail passenger service provided by
Amtrak under a contractual agreement with the department. The report shall be
submitted on or before May 1 of each year.
(2) The report shall include all
of the following:
(a) Passenger counts for the
preceding fiscal year for each Amtrak service route in Michigan.
(b) Revenue and operating
expenses by Amtrak route.
(c) Total state operating
payments to Amtrak in the preceding fiscal year by Amtrak route.
(d) A discussion of major
factors affecting route costs and revenue and net state costs in the preceding
fiscal year, and factors affecting route costs and revenue and net state costs
anticipated in the current and future fiscal years.
(e) Fare revenue by route and
fare revenue as a percentage of route operating expense.
Sec. 712. From the funds
appropriated in part 1, the department shall take all actions needed to develop
a solicitation for proposals for the delivery of daily round-trip rail
passenger service between Grand Rapids and Chicago, Illinois by September 30,
2020.
Sec. 719. It is the intent of
the legislature that by September 30, 2020, each subsidized elderly and medical
transit system located in a county with a population of 100,000 or more must
determine that system s estimated cost per rider. It is the intent of the
legislature that during the fiscal year, each system must issue a request for
proposals from ride-sharing companies for 100% of the system s anticipated
service.
Sec. 735. For the fiscal year
ending September 30, 2020, the appropriation to a street railway pursuant to section 10e(22)
of 1951 PA 51,
Sec. 752. At least once each
fiscal year, the department shall meet with representatives of a rail industry
trade association to provide information on the availability of rail
infrastructure loan and grant funding programs and freight economic development
project opportunities.
Sec. 753. From the funds
appropriated in part 1 for marine passenger service, 60% must be spent on
eligible entities servicing multiple destinations. The remaining funds must be
spent on eligible entities servicing a single destination.
AERONAUTICS FUND
Sec. 801. Except as otherwise
provided in section 903 of this part for capital outlay, at the close of
the fiscal year, any unobligated and unexpended balance in the state
aeronautics fund created in the aeronautics code of the state of Michigan, 1945
PA 327,
Sec. 802. The legislature
encourages the department to find private entities or local public agencies to
assume ownership and operating responsibility for airports currently owned by
the department.
Sec. 804. (1) The department
shall not expend funds from the appropriation in part 1, air fleet operations
and maintenance, if the department owns a Cessna 206 aircraft. The department
shall notify the state budget director, the house and senate appropriations
subcommittees on transportation, and the house and senate fiscal agencies when
it no longer owns a Cessna 206 aircraft.
(2) The department shall submit
a report by February 1, 2020 to the state budget director, the house and senate appropriations subcommittees on
transportation, and the house and senate fiscal agencies on the number
of FTEs required to maintain and operate airfleet operations.
Sec. 805. The department shall
take all steps necessary to sell any aircraft with less than 50 flight hours
logged by September 15, 2020.
Sec. 806. (1) From the funds
appropriated in part 1 for aviation services, the department shall review the
information and forms on the office of aeronautics public website to ensure
that the terminology used on the website is consistent with the terminology and
definitions used in the aeronautics code of the state of Michigan, 1945 PA 327,
MCL 259.1 to 259.208. In addition, the department shall review the aeronautics
code of the state of Michigan, 1945 PA 327, MCL 259.1 to 259.208, to
identify definitions or provisions that are unclear, out-of-date, or otherwise
no longer consistent with current practice.
(2) On or
before December 1, 2019, the department shall submit a report to the house and
senate appropriations subcommittees on transportation and the house and senate fiscal
agencies describing its activities under subsection (1). The report shall
include a list of terminology, definitions, and provisions of the aeronautics
code of the state of Michigan, 1945 PA 327, MCL 259.1 to 259.208, the
department has identified as unclear, out-of-date, or no longer consistent with
current practice. The department shall include in the report any recommended
changes to the aeronautics code of the state of Michigan, 1945 PA 327, MCL
259.1 to 259.208, and the reasons for any proposed changes.
CAPITAL OUTLAY
Sec. 901. (1) From
federal-state-local project appropriations contained in part 1 for the purpose
of assisting political entities and subdivisions of this state in the
construction and improvement of publicly used airports and landing fields
within this state, the state transportation department may permit the award of
contracts on behalf of units of local government for the authorized locations
not to exceed the indicated amounts, of which the state allocated portion shall
not exceed the amount appropriated in part 1.
(2) Political entities and
subdivisions shall provide not less than 5% of the cost of any project under
this section, unless a total nonfederal share less than 10% is otherwise
specified in federal law. State money shall not be allocated until local money
is allocated. State money for any 1 project shall not exceed 1/3 of the total
appropriation in part 1 from state funds for airport improvement programs.
(3) The Michigan aeronautics
commission may take those steps necessary to match federal money available for
airport construction and improvement within this state and to meet the matching
requirements of the federal government. Whether acting alone or jointly with
another political subdivision or public agency or with this state, a political
subdivision or public agency of this state shall not submit to any agency of
the federal government a project application for airport planning or
development unless it is authorized in this part and part 1 and the project
application is approved by the governing body of each political subdivision or
public agency making the application and by the Michigan aeronautics commission.
Sec. 903. The appropriations in
part 1 for capital outlay shall be carried forward at the end of the fiscal
year consistent with the provisions of section 248 of the management and
budget act, 1984 PA 431,
ONE-TIME APPROPRIATIONS
Sec. 1001. The one-time general
fund/general purpose appropriation in part 1 for county road commissions shall
be distributed among the county road commissions in accordance with section 12
of 1951 PA 51, MCL 247.662, to be used by county road commissions as provided
under that section. The one-time general fund/general purpose appropriation in
part 1 for cities and villages shall be distributed among cities and villages
in accordance with section 13 of 1951 PA 51, MCL 247.663, to be used
by cities and villages as provided under that section.
Sec. 1002. The one-time
appropriation of comprehensive transportation funds for Carbide dock/Soo Locks
project shall be used for demolition needs associated with the Carbide dock
project.
Sec. 1003. From the funds appropriated
in one-time spending in part 1, to enhance the movement of people and goods on
public or privately owned rail lines, the department shall award up to
$22,700,000.00 of which $10,700,000.00 is federal spending authority, to a
county with a population greater than 1,500,000 for a railroad grade separation
project in a city with a population between 12,750 and 13,000 according to the
most recent federal decennial census.
Third: That the Senate and House
agree to the title of the bill to read as follows:
A bill to
make appropriations for the state transportation department for the fiscal year
ending September 30, 2020; and to provide for the expenditure of the appropriations.
Wayne
Schmidt
Jim
Stamas
Conferees
for the Senate
Matt
Maddock
Jeff
Yaroch
Conferees
for the House
The
question being on the adoption of the conference report,
Roll Call No. 240 Yeas 58
Afendoulis Frederick LaFave Rendon
Albert Glenn Leutheuser Schroeder
Alexander Green Lightner Sheppard
Allor Griffin Lilly Slagh
Bellino Hall Lower VanSingel
Berman Hauck Maddock VanWoerkom
Bollin Hernandez Marino Vaupel
Brann Hoitenga Markkanen Wakeman
Calley Hornberger Meerman Webber
Chatfield Howell Miller Wendzel
Cole Huizenga Mueller Wentworth
Crawford Iden O Malley Whiteford
Eisen Inman Paquette Wozniak
Farrington Johnson, S. Reilly Yaroch
Filler Kahle
Nays 51
Anthony Garrett Kennedy Robinson
Bolden Garza Koleszar Sabo
Brixie Gay-Dagnogo Kuppa Shannon
Byrd Greig LaGrand Sneller
Cambensy Guerra Lasinski Sowerby
Camilleri Haadsma Liberati Stone
Carter,
T. Hammoud Love Tate
Cherry Hertel Manoogian Warren
Chirkun Hoadley Neeley Whitsett
Clemente Hood Pagan Wittenberg
Coleman Hope Peterson Witwer
Elder Johnson, C. Pohutsky Yancey
Ellison Jones Rabhi
In The Chair: Wentworth
Rep.
Cole moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
First Conference Report
The Committee of Conference on the
matters of difference between the two Houses concerning
House
Bill No. 4231, entitled
A bill to make appropriations for
the department of corrections for the fiscal year ending September 30, 2020;
and to provide for the expenditure of the appropriations.
Recommends:
First: That the Senate recede from
the Substitute of the Senate as passed by the Senate.
Second: That the House and Senate
agree to the Substitute of the House as passed by the House, amended to read as
follows:
A bill to make appropriations for
the department of corrections for the fiscal year ending September 30, 2020;
and to provide for the expenditure of the appropriations.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
PART 1
LINE-ITEM APPROPRIATIONS
Sec. 101. There is appropriated
for the department of corrections for the fiscal year ending September 30,
2020, from the following funds:
DEPARTMENT OF CORRECTIONS
APPROPRIATION SUMMARY
Average population................................................................................. 38,429
Full-time equated unclassified
positions........................................................ 16.0
Full-time equated classified
positions..................................................... 13,778.3
GROSS APPROPRIATION............................................................................... $ 2,026,123,400
Interdepartmental grant revenues:
Total interdepartmental grants and
intradepartmental transfers................................ 0
ADJUSTED GROSS APPROPRIATION............................................................ $ 2,026,123,400
Federal revenues:
Total federal revenues........................................................................................ 5,323,700
Special revenue funds:
Total local revenues........................................................................................... 11,687,200
Total private revenues........................................................................................ 0
Total other state restricted
revenues..................................................................... 65,112,500
State general fund/general purpose...................................................................... $ 1,944,000,000
[Please see the PDF version of this journal, if available, to view this image.]
Sec. 102. DEPARTMENTAL ADMINISTRATION AND SUPPORT
Full-time equated unclassified
positions....................................................... 16.0
Full-time equated classified
positions........................................................ 322.0
Unclassified salaries 16.0 FTE
positions............................................................ $ 1,760,700
Administrative hearings officers.......................................................................... 3,136,800
Budget and operations
administration 241.0 FTE positions.................................. 31,886,300
Compensatory buyout and union
leave bank......................................................... 100
County jail reimbursement program..................................................................... 14,814,600
Equipment and special maintenance..................................................................... 1,559,700
Executive direction 20.0 FTE
positions............................................................. 4,299,400
Judicial data warehouse user fees........................................................................ 50,600
New custody staff training.................................................................................. 9,491,100
Prison industries operations 61.0
FTE positions.................................................. 9,989,100
Property management........................................................................................ 2,455,100
Prosecutorial and detainer
expenses..................................................................... 4,801,000
Sheriffs coordinating and
training office............................................................. 100,000
Worker s compensation...................................................................................... 10,052,900
GROSS APPROPRIATION............................................................................... $ 94,397,400
Appropriated from:
Federal revenues:
DOJ, prison rape elimination act
grant................................................................. 674,700
Special revenue funds:
Correctional industries revolving
fund................................................................. 9,989,100
Correctional industries revolving
fund 110........................................................... 721,600
Jail reimbursement program fund........................................................................ 5,900,000
Local corrections officer training
fund................................................................. 100,000
Program and special equipment fund................................................................... 100
State general fund/general purpose...................................................................... $ 77,011,900
Sec. 103. OFFENDER SUCCESS
ADMINISTRATION
Full-time equated classified
positions........................................................ 344.4
Community corrections
comprehensive plans and services..................................... $ 11,658,000
Drunk driver jail reduction and
community treatment program............................... 1,440,100
Education/skilled trades/career
readiness programs 266.4 FTE positions............... 38,331,600
Enhanced food technology program 12.0
FTE positions...................................... 2,000,000
Goodwill flip the
script........................................................................................ 1,500,000
Offender success community
partners.................................................................. 14,500,000
Offender success federal grants........................................................................... 751,000
Offender success programming........................................................................... 11,772,800
Offender success services 66.0 FTE
positions.................................................... 29,561,400
Public safety initiative........................................................................................ 4,000,000
Residential probation diversions.......................................................................... 17,825,500
GROSS APPROPRIATION............................................................................... $ 133,340,400
Appropriated from:
Federal revenues:
DOJ, prisoner reintegration................................................................................. 751,000
Federal education funding.................................................................................. 1,540,800
Special revenue funds:
Program and special equipment fund................................................................... 34,213,200
State general fund/general purpose...................................................................... $ 96,835,400
Sec. 104. FIELD OPERATIONS
ADMINISTRATION
Full-time equated classified
positions...................................................... 2,181.5
Criminal justice reinvestment.............................................................................. $ 5,498,400
Detroit Detention Center 69.1 FTE
positions...................................................... 11,412,200
Detroit Reentry Center 237.9 FTE
positions....................................................... 30,561,100
Field operations 1,843.5 FTE
positions.............................................................. 217,647,700
Parole board operations 31.0 FTE positions....................................................... 3,793,300
Parole/probation services.................................................................................... 940,000
Residential alternative to prison
program.............................................................. 1,500,000
GROSS APPROPRIATION............................................................................... $ 271,352,700
[Please see the PDF version of this journal, if available, to view this image.]
Appropriated from:
Special revenue funds:
Local - community tether program
reimbursement................................................ 275,000
Local revenues.................................................................................................. 11,412,200
Parole and probation oversight
fees..................................................................... 4,000,000
Parole and probation oversight
fees set-aside........................................................ 940,000
Reentry center offender
reimbursements.............................................................. 10,000
Tether program participant
contributions.............................................................. 2,630,500
State general fund/general purpose...................................................................... $ 252,085,000
Sec. 105. CORRECTIONAL FACILITIES
ADMINISTRATION
Full-time equated classified
positions........................................................ 663.0
Central records 35.0 FTE positions................................................................... $ 4,646,800
Correctional facilities
administration 31.0 FTE positions..................................... 5,991,400
Housing inmates in federal
institutions................................................................. 511,000
Inmate housing fund.......................................................................................... 100
Inmate legal services.......................................................................................... 290,900
Leased beds and alternatives to
leased beds.......................................................... 100
Prison food service 352.0 FTE
positions............................................................ 71,131,100
Prison store operations 34.0 FTE
positions........................................................ 3,331,400
Public works programs....................................................................................... 1,000,000
Transportation 211.0 FTE positions.................................................................. 29,938,400
GROSS APPROPRIATION............................................................................... $ 116,841,200
Appropriated from:
Federal revenues:
DOJ-BOP, federal prisoner
reimbursement........................................................... 411,000
SSA-SSI, incentive payment............................................................................... 272,000
Special revenue funds:
Correctional industries revolving
fund 110........................................................... 583,900
Public works user fees........................................................................................ 1,000,000
Resident stores.................................................................................................. 3,331,400
State general fund/general purpose...................................................................... $ 111,242,900
Sec. 106. HEALTH CARE
Full-time equated classified
positions...................................................... 1,473.3
Clinical complexes 1,035.3 FTE
positions......................................................... $ 146,369,900
Health care administration 20.0
FTE positions................................................... 3,815,200
Healthy Michigan plan administration 12.0
FTE positions................................... 982,700
Hepatitis C treatment......................................................................................... 13,700,700
Interdepartmental grant to health
and human services, eligibility specialists............. 121,500
Mental health and substance abuse
treatment services 406.0 FTE positions........... 50,924,800
Prisoner health care services............................................................................... 89,224,000
Vaccination program.......................................................................................... 691,200
GROSS APPROPRIATION............................................................................... $ 305,830,000
Appropriated from:
Federal revenues:
DOJ, Office of Justice programs,
RSAT............................................................... 250,200
Federal revenues and
reimbursements.................................................................. 389,200
Special revenue funds:
Prisoner health care copayments.......................................................................... 257,200
State general fund/general purpose...................................................................... $ 304,933,400
Sec. 107. CORRECTIONAL FACILITIES
Average population................................................................................ 38,429
Full-time equated classified
positions...................................................... 8,794.1
Alger Correctional Facility -
Munising 259.0 FTE positions................................ $ 31,510,900
Baraga Correctional Facility -
Baraga 295.8 FTE positions.................................. 36,622,100
Bellamy Creek Correctional
Facility - Ionia 391.2 FTE positions......................... 45,578,500
Carson City Correctional Facility
- Carson City 423.4 FTE positions.................... 50,103,600
Central Michigan Correctional
Facility - St. Louis 388.6 FTE positions................ 47,665,900
[Please see the PDF version of this journal, if available, to view this image.]
Charles E. Egeler Correctional Facility -
Jackson 386.6 FTE positions.................. 47,136,400
Chippewa Correctional Facility -
Kincheloe 443.6 FTE positions......................... 52,687,300
Cooper Street Correctional
Facility - Jackson 262.1 FTE positions....................... 30,716,700
Earnest C. Brooks Correctional
Facility - Muskegon 248.2 FTE positions............. 31,058,100
G. Robert Cotton Correctional
Facility - Jackson 393.0 FTE positions.................. 46,141,700
Gus Harrison Correctional Facility
- Adrian 443.6 FTE positions......................... 51,430,500
Ionia Correctional Facility -
Ionia 287.3 FTE positions....................................... 35,236,300
Kinross Correctional Facility -
Kincheloe 258.6 FTE positions............................ 33,574,700
Lakeland Correctional Facility -
Coldwater 275.4 FTE positions.......................... 33,883,000
Macomb Correctional Facility - New
Haven 292.8 FTE positions........................ 35,755,800
Marquette Branch Prison - Marquette 319.7
FTE positions.................................. 39,115,100
Michigan Reformatory - Ionia 317.8
FTE positions............................................ 36,388,100
Muskegon Correctional Facility -
Muskegon 206.0 FTE positions........................ 26,478,300
Newberry Correctional Facility -
Newberry 198.1 FTE positions......................... 24,989,900
Oaks Correctional Facility -
Eastlake 289.4 FTE positions................................... 35,358,300
Parnall Correctional Facility -
Jackson 264.1 FTE positions................................. 29,818,600
Richard A. Handlon Correctional
Facility - Ionia 252.7 FTE positions.................. 31,116,300
Saginaw Correctional Facility -
Freeland 276.9 FTE positions............................. 34,390,100
Special Alternative Incarceration
Program - Cassidy Lake 120.0 FTE positions..... 14,325,300
St. Louis Correctional Facility -
St. Louis 303.6 FTE positions............................ 38,496,600
Thumb Correctional Facility -
Lapeer 283.6 FTE positions.................................. 34,269,200
Womens Huron Valley Correctional
Complex - Ypsilanti 504.1 FTE positions...... 61,141,400
Woodland Correctional Facility -
Whitmore Lake 277.9 FTE positions................. 33,516,900
Northern region administration and
support 43.0 FTE positions........................... 4,406,900
Southern region administration and
support 88.0 FTE positions........................... 20,640,500
GROSS APPROPRIATION............................................................................... $ 1,073,553,000
Appropriated from:
Federal revenues:
DOJ, state criminal assistance
program................................................................ 1,034,800
Special revenue funds:
State restricted fees, revenues,
and reimbursements............................................... 102,100
State general fund/general purpose...................................................................... $ 1,072,416,100
Sec. 108. INFORMATION TECHNOLOGY
Information technology services
and projects........................................................ $ 30,808,700
GROSS APPROPRIATION............................................................................... $ 30,808,700
Appropriated from:
Special revenue funds:
Correctional industries revolving
fund 110........................................................... 179,900
Parole and probation oversight
fees set-aside........................................................ 706,200
Program and special equipment fund................................................................... 447,300
State general fund/general purpose...................................................................... $ 29,475,300
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
FOR FISCAL YEAR 2019-2020
GENERAL SECTIONS
Sec. 201. Pursuant to section 30
of article IX of the state constitution of 1963, total state spending from
state sources under part 1 for fiscal year 2019-2020 is $2,009,112,500.00 and
state spending from state sources to be paid to local units of government for
fiscal year 2019-2020 is $122,635,700.00. The itemized statement below
identifies appropriations from which spending to local units of government will
occur:
DEPARTMENT OF CORRECTIONS
County jail reimbursement program..................................................................... $ 14,814,600
Community corrections
comprehensive plans and services..................................... 11,658,000
Drunk driver jail reduction and
community treatment program............................... 1,440,100
Field operations................................................................................................. 66,596,400
Leased beds and alternatives to
leased beds.......................................................... 100
Public safety initiative........................................................................................ 4,000,000
Prosecutorial and detainer
expenses..................................................................... 4,801,000
Residential alternative to prison
program.............................................................. 1,500,000
Residential probation diversions.......................................................................... 17,825,500
TOTAL............................................................................................................ $ 122,635,700
Sec. 202. The appropriations
authorized under this part and part 1 are subject to the management and budget
act, 1984 PA 431,
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 2019-2020:
(i) New custody staff training.
(ii) Education/skilled trades/career readiness programs.
(iii) Offender success programming.
(iv) Central records.
(v) Correctional facilities administration.
(vi) Inmate legal services.
(vii) Prison food service.
(viii) Prison store operations.
(ix) Transportation.
(x) Clinical complexes.
(xi) Hepatitis C treatment.
(xii) Mental health and substance abuse treatment services.
(xiii) Prisoner health care services.
(xiv) Vaccination program.
(xv) Correctional facilities.
(xvi) Northern and southern region administration and support.
(c) Department or MDOC means
the Michigan department of corrections.
(d) DOJ means the United
States Department of Justice.
(e) DOJ-BOP means the DOJ
Bureau of Prisons.
(f) EPIC program means the
department s effective process improvement and communications program.
(g) Evidence-based means a
decision-making process that integrates the best available research, clinician
expertise, and client characteristics.
(h) Federally qualified health
center means that term as defined in section 1396d(l)(2)(B) of the social security act, 42 USC 1396d.
(i)
(j) Goal means the intended or
projected result of a comprehensive corrections plan or community corrections
program to reduce repeat offending, criminogenic and high-risk behaviors,
prison commitment rates, the length of stay in a jail, or to improve the
utilization of a jail.
(k) 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.
(l) MDHHS means the Michigan department of health and human
services.
(m) Medicaid benefit means a
benefit paid or payable under a program for medical assistance under the social
welfare act, 1939 PA 280,
(n) 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.
(o) OCC means the office of
community corrections.
(p) 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.
(q) 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.
(r) Offender target populations
means felons or misdemeanants who would likely be sentenced to imprisonment in
a state correctional facility or jail, who would not likely increase the risk
to the public safety based on an objective risk and needs assessment that
indicates that the offender can be safely treated and supervised in the
community.
(s) 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.
(t) 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.
(u) Recidivism means that term
as defined in section 1 of 2017 PA 5, MCL 798.31.
(v) RSAT means residential
substance abuse treatment.
(w) Serious emotional disturbance
means that term as defined in section 100d(2) of the mental health code,
1974 PA 258,
(x) Serious mental illness means
that term as defined in section 100d(3) of the mental health code, 1974 PA 258,
(y) SSA means the United States
Social Security Administration.
(z) SSA-SSI means SSA
supplemental security income.
Sec. 204. The department shall use
the internet to fulfill the reporting requirements of this part. This
requirement 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. 205. Funds appropriated in
part 1 shall not be used for the purchase of foreign goods or services, or
both, if competitively priced and of comparable quality American goods or
services, or both, are available. Preference shall be given to goods or
services, or both, manufactured or provided by Michigan businesses, if they are
competitively priced and of comparable quality. In addition, preference shall
be given to goods or services, or both, that are manufactured or provided by
Michigan businesses owned and operated by veterans, if they are competitively
priced and of comparable quality.
Sec. 206. The department shall not
take disciplinary action against an employee or a prisoner for communicating
with a member of the legislature or his or her staff.
Sec. 207. 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 appropriations
committees, the senate and house fiscal agencies, and the state budget office.
The report shall include the following information:
(a) The dates of each travel
occurrence.
(b) The total transportation and
related costs of each travel occurrence, including the proportion funded with
state general fund/general purpose revenues, the proportion funded with state
restricted revenues, the proportion funded with federal revenues, and the
proportion funded with other revenues.
Sec. 208. Funds appropriated in
part 1 shall not be used by the department to hire a person to provide legal
services that are the responsibility of the attorney general. This prohibition
does not apply to legal services for bonding activities and for those outside
services that the attorney general authorizes.
Sec. 209. Not later than November
30, the state budget office shall prepare and transmit a report that provides
for estimates of the total general fund/general purpose appropriation lapses at
the close of the prior fiscal year. This report shall summarize the projected
year-end general fund/general purpose appropriation lapses by major
departmental program or program areas. The report shall be transmitted to the
chairpersons of the senate and house appropriations committees and the senate
and house fiscal agencies.
Sec. 210. In addition to the funds
appropriated in part 1, there is appropriated an amount not to exceed
$2,500,000.00 for 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,
Sec. 211. The department shall
cooperate with the department of technology, management, and budget to maintain
a searchable website accessible by the public at no cost that includes, but is
not limited to, all of the following for the department:
(a) Fiscal year-to-date
expenditures by category.
(b) Fiscal year-to-date
expenditures by appropriation unit.
(c) Fiscal year-to-date payments
to a selected vendor, including the vendor name, payment date, payment amount,
and payment description.
(d) The number of active
department employees by job classification.
(e) Job specifications and wage
rates.
Sec. 212. Within 14 days after the
release of the executive budget recommendation, the department shall cooperate
with the state budget office to provide the chairpersons of the senate and
house appropriations committees, the chairpersons of the senate and house
appropriations subcommittees on corrections, and the senate and house fiscal
agencies with an annual report on estimated state restricted fund balances,
state restricted fund projected revenues, and state restricted fund
expenditures for the prior 2 fiscal years.
Sec. 213. The department shall
maintain, on a publicly accessible website, a department scorecard that
identifies, tracks, and regularly updates key metrics that are used to monitor
and improve the department s performance.
Sec. 214. Total authorized
appropriations from all sources under part 1 for legacy costs for the fiscal
year ending September 30, 2020 are estimated
at $295,107,000.00. From this amount, total department appropriations
for pension-related legacy costs are estimated at $143,458,300.00. Total
department appropriations for retiree health care legacy costs are estimated at
$151,648,700.00.
Sec. 216. (1) On a quarterly
basis, the department shall report on the number of full-time equated positions
in pay status by civil service classification, including the number of
full-time equated positions in pay status by
civil service classification for each correctional facility, to the senate and
house appropriations subcommittees on corrections, the senate and house
fiscal agencies, the legislative corrections ombudsman, and the state budget
office. This report must include the following:
(a) A detailed accounting of all
vacant positions that exist within the department.
(b) A detailed accounting of all
correction officer positions at each correctional facility, including positions
that are filled and vacant positions, by facility.
(c) A detailed accounting of all vacant
positions that are health care-related.
(d) A detailed accounting of
vacant positions that are being held open for temporarily nonactive employees.
(2) As used in this section, vacant
position means any position that has not been filled at any time during the
past 12 calendar months.
Sec. 219. (1) Any contract for
prisoner telephone services entered into after the effective date of this section shall
include a condition that fee schedules for prisoner telephone calls, including
rates and any surcharges other than those necessary to meet program and special
equipment costs, be the same as fee schedules for calls placed from outside of
correctional facilities.
(2) Revenues appropriated and
collected for program and special equipment funds shall be considered state
restricted revenue. Funding shall be used for prisoner programming, special
equipment, and security projects. Unexpended funds remaining at the close of
the fiscal year shall not lapse to the general fund but shall be carried
forward and be available for appropriation in subsequent fiscal years.
(3) The department shall submit a
report to the senate and house appropriations subcommittees on corrections, the
senate and house fiscal agencies, the legislative corrections ombudsman, and the
state budget office by February 1 outlining revenues and expenditures from
program and special equipment funds. The report shall include all of the
following:
(a) A list of all individual
projects and purchases financed with program and special equipment funds in the
immediately preceding fiscal year, the amounts expended on each project or
purchase, and the name of each vendor from which the products or services were
purchased.
(b) A list of planned projects and
purchases to be financed with program and special equipment funds during the
current fiscal year, the amounts to be expended on each project or purchase,
and the name of each vendor from which the products or services will be
purchased.
(c) A review of projects and
purchases planned for future fiscal years from program and special equipment
funds.
Sec. 220. The department may
charge fees and collect revenues in excess of appropriations in part 1 not to
exceed the cost of offender services and programming, employee meals, parolee
loans, academic/vocational services, custody escorts, compassionate visits,
union steward activities, and public works programs and services provided to
local units of government or private nonprofit organizations. The revenues and
fees collected are appropriated for all expenses associated with these services
and activities.
Sec. 225. Appropriations in part 1
shall not be expended until all existing work project authorization available
for the same purposes is exhausted.
Sec. 226. (1) From the unexpended
and unencumbered funds appropriated in 2014 PA 252, 2015 PA 84, 2016 PA 268,
2017 PA 107, 2018 PA 207, and 2018 PA 618 for MDOC physical
plant projects utilizing operating funds, pilot online career high school
education program, new custody officer training, offender success/local reentry/local reentry services,
education/vocational village enhancements, Ojibway Correctional Facility
closure costs and site maintenance, staff transition costs, Hepatitis C
treatment program, Pugsley Correctional Facility closure costs and site
maintenance, and swift and sure sanctions program Michigan rehabilitation
services, the following appropriations shall be made:
(a) $7,393,400.00 for training new
custody staff.
(b) $4,567,100.00 for replacing
electronic tethers.
(c) $1,000,000.00 to continue
the substance abuse parole certain sanction program.
(d) $950,000.00 for providing
post-traumatic stress disorder training and wellness support for department
employees.
(e) $750,000.00 for demolition
of the former Deerfield Correctional Facility.
(f) $500,000.00 for replacing
corrections officer training binders with electronic equipment.
(g) $200,000.00 for requalifying
corrections officers in handgun training.
(2) The funds appropriated under
subsection (1) are considered work project appropriations for the fiscal
year ending September 30, 2020. Any unencumbered or unallotted funds shall not
lapse at the end of the fiscal year and shall be available for expenditure in
succeeding years. The following is in compliance with section 451a of the
management and budget act, 1984 PA 431, MCL 18.1451a:
(a) The purposes of the projects
are as follows:
(i) To train additional corrections officers to address higher than
normal attrition and decrease the department s overtime costs.
(ii) To replace 6,619 electronic tethers.
(iii) To continue the substance abuse parole certain sanction
program.
(iv) To provide enhanced post-traumatic stress disorder outreach,
employee wellness programming, and mental health programming for all department
employees.
(v) To demolish the former Deerfield Correctional Facility.
(vi) To replace corrections officer training binders with electronic
equipment.
(vii) To requalify corrections officers choosing to be requalified
in handgun training.
(b) The projects will be
accomplished by state employees or by contracts.
(c) The total estimated cost of
the projects is $15,360,500.00.
(d) The tentative completion
date is September 30, 2024.
Sec. 227. (1) From the
repurposed work project appropriation of $1,000,000.00 for the substance abuse
parole certain sanction program, funding shall be distributed to an American
Correctional Association accredited rehabilitation organization operating in
any of the following counties: Berrien, Calhoun, Genesee, Kalamazoo, Kent,
Macomb, Muskegon, Oakland, Saginaw, and Wayne for operations and administration
of the program. The 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 office.
The report shall include program performance measurements, the number of
individuals who participate in the program, the number of individuals who
return to prison after participating, and outcomes of participants who complete
the program.
Sec. 228. From the repurposed
work project appropriation of $750,000.00 for demolition of the former
Deerfield Correctional Facility, the department shall work with the department
of technology, management, and budget on awarding a contract to the most
responsive and responsible best value bidder for demolition of the facility.
The $750,000.00 shall be transferred by the department of corrections to the
department of technology, management, and budget through the interdepartmental
grant and transfer process and be used for demolition of the facility.
Sec. 239. It is the intent of
the legislature that the department establish and maintain a
management-to-staff ratio of not more than 1 supervisor for each 8 employees at
the department s central office in Lansing and at both the northern and
southern region administration offices.
Sec. 247. In cooperation with
the state court administrative office, the department shall assist with the
data compilation for the swift and sure sanctions program.
Sec. 248. At the May 2020
consensus revenue estimating conference, the senate and house fiscal agencies
and the state budget director, or state treasurer, shall establish a projected
prisoner population for fiscal year 2020-2021, and a projected number of
available beds based on the population projection.
DEPARTMENTAL ADMINISTRATION AND SUPPORT
Sec. 301. For 3 years after a
felony offender is released from the department s jurisdiction, the department
shall maintain the offender s file on the offender tracking information system
and make it publicly accessible in the same manner as the file of the current
offender. However, the department shall immediately remove the offender s file
from the offender tracking information system upon determination that the
offender was wrongfully convicted and the offender s file is not otherwise
required to be maintained on the offender tracking information system.
Sec. 302. From the funds
appropriated in part 1, the department shall submit a report by March 1 on the
department s staff retention strategies to the senate and house appropriations
subcommittees on corrections, the senate and
house committees on oversight, the senate and house fiscal agencies, the
legislative corrections ombudsman, and the state budget office. The
report must include, but not be limited to, the following:
(a) The department s strategies on
how to improve employee engagement, how to improve employee wellness, and how
to offer additional training and professional development for employees,
including metrics the department is using to measure success of employee
wellness programming.
(b) Mechanisms by which the
department receives employee feedback in areas under subdivision (a) and how
the department considers suggestions made by employees.
(c) Steps the department has
taken, and future plans and goals the department has for retention and
improving employee wellness.
Sec. 303. From the funds
appropriated in part 1, the department shall submit a report by March 1 on the
number of employee departures to the senate and house appropriations
subcommittees on corrections, the senate and house committees on oversight, the
senate and house fiscal agencies, the legislative corrections ombudsman, and
the state budget office. The report must include the number of corrections
officers that departed from employment at a state correctional facility in the
immediately preceding fiscal year and the number of years they worked for the
department.
Sec. 304. The department shall
maintain a staff savings initiative program in conjunction with the EPIC
program for employees to submit suggestions for efficiencies for the
department. The department shall consider each suggestion in a timely manner.
By March 1, the department shall report to the senate and house appropriations
subcommittees on corrections, the senate and house fiscal agencies, the
legislative corrections ombudsman, and the
state budget office on process improvements that were implemented based on
suggestions that were recommended for implementation from the staff
savings initiative and EPIC programs.
Sec. 305. From the funds
appropriated in part 1 for prosecutorial and detainer expenses, the department
shall reimburse counties for housing and custody of parole violators and
offenders being returned by the department from community placement who are
available for return to institutional status and for prisoners who volunteer
for placement in a county jail.
Sec. 306. Funds included in part 1
for the sheriffs coordinating and training office are appropriated for and may
be expended to defray costs of continuing education, certification,
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,
Sec. 307. The department shall
issue a biannual report for all vendor contracts to the senate and house
appropriations subcommittees on corrections, the senate and house fiscal
agencies, the legislative corrections ombudsman, and the state budget office.
The report shall cover service contracts with a value of $500,000.00 or more
and include all of the following:
(a) The original start date and
the current expiration date of each contract.
(b) The number, if any, of
contract compliance monitoring site visits completed by the department for each
vendor.
(c) The number and amount of
fines, if any, for service-level agreement noncompliance for each vendor broken
down by area of noncompliance.
Sec. 308. The department shall
provide for the training of all custody staff in effective and safe ways of
handling prisoners with mental illness and referring prisoners to mental health
treatment programs. Mental health awareness training shall be incorporated into
the training of new custody staff.
Sec. 309. The
department shall issue a report for all correctional facilities to the senate
and house appropriations subcommittees on corrections, the senate and house fiscal agencies, the
legislative corrections ombudsman, and the state budget office by January 1
setting forth the following information for each facility: its name, street
address, and date of construction; its current maintenance costs; any
maintenance planned; its current utility costs; its expected future capital
improvement costs; the current unspent balance of any authorized capital outlay
projects, including the original authorized amount; and its expected future
useful life. For facilities closed prior to November 1, 2018, the report shall
include a list of costs associated with maintenance and upkeep of closed
facilities, by facility, and estimated costs of demolition of closed
facilities.
Sec. 310. (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 office 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 reenter 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.
Sec. 311. By December 1, the
department shall provide a report on the Michigan state industries program to
the senate and house appropriations subcommittees on corrections, the senate
and house fiscal agencies, the legislative corrections ombudsman, and the state
budget office. The report shall include, but not be limited to, the locations
of the programs, the total number of participants at each location, a
description of job duties and typical inmate schedules, the products that are
produced, and how the program provides marketable skills that lead to
employable outcomes after release from a department facility.
Sec. 312. (1) From the funds
appropriated in part 1 for budget and operations administration, $50,000.00 shall be used for post-traumatic stress disorder
outreach and employee wellness programming. The department shall work
with the Michigan corrections organization and others, including a
multidisciplinary team of department employees representing every job category
and administration, to determine strategies for treating mental health issues
and implementing mental health programming for all department staff, with a
focus on staff working in correctional facilities on a daily basis.
(2) The appropriation of
$50,000.00 in part 1 shall be used in addition to the repurposed work project
appropriation of $950,000.00 contained in section 226 of this part.
(3) By September 30, the
department shall submit a report detailing strategies and goals determined,
programs established, the level of employee involvement in the creation of
programs, the prevalence of post-traumatic stress disorder and other
psychological issues among corrections officers that are exacerbated by the
corrections environment and exposure to highly stressful situations, and
details on expenditures. The department shall submit the report to the senate
and house appropriations subcommittees on corrections, the senate and house
committees on oversight, the senate and house fiscal agencies, the legislative
corrections ombudsman, and the state budget office.
Sec. 313. (1) From the funds
appropriated in part 1, the department shall submit quarterly reports on new
employee schools to the senate and house appropriations subcommittees on
corrections, the senate and house committees on oversight, the senate and house
fiscal agencies, the legislative corrections ombudsman, and the state budget
office. The reports must include the following information for the immediately
preceding fiscal quarter, and as much of the information as possible for the
current and next fiscal year.
(a) The number of new employee
schools that took place and the location of each.
(b) The number of recruits that
started in each employee school.
(c) The number of recruits that
graduated from each employee school and continued employment with the
department.
(2) The report must outline the
department s strategy to achieve a 5% or lower target corrections officer
vacancy rate.
Sec. 314. From the funds
appropriated in part 1, the department shall submit a monthly report on the
number of overtime hours worked by all custody staff, by facility. The report
shall include for each facility, the number of mandatory overtime hours worked,
the number of voluntary overtime hours worked, the reasons for overtime hours
worked, and the average number of overtime hours worked by active employees.
The report shall be submitted to the senate and house appropriations
subcommittees on corrections, the senate and
house committees on oversight, the senate and house fiscal agencies, the
legislative corrections ombudsman, and the state budget office.
Sec. 315. It is the intent of
the legislature that, once staffing vacancy rates improve to a sufficient
level, the department will allow corrections officers the option to work
12-hour shifts.
Sec. 316. (1) From the funds
appropriated in part 1 for new custody staff training, $200,000.00 shall be
allocated for handgun requalification for corrections officers wanting to be
requalified.
(2) The appropriation of
$200,000.00 in part 1 shall be used in addition to the repurposed work project
appropriation of $200,000.00 contained in section 226 of this part.
Sec. 317. (1) From the funds
appropriated in part 1, the department shall conduct a study, in cooperation
with the department of technology, management, and budget, to find a suitable
location for a training academy. At a minimum, 4 locations must be selected for
the study, and 2 locations must be the former Riverside Correctional Facility
and the former Ojibway Correctional Facility. The new training academy must
have classrooms, administrative offices, a gymnasium, a cafeteria, lodging
facilities, an outdoor training area, and a firearm range.
(2) The results of the study,
including projected costs for each location, must be reported to the senate and
house of representatives appropriations subcommittees on corrections, the
senate and house fiscal agencies, the legislative corrections ombudsman, and
the state budget office by April 1.
OFFENDER SUCCESS ADMINISTRATION
Sec. 401. The department shall
submit 3-year and 5-year prison population projection updates concurrent with submission of the executive budget
recommendation to the senate and house appropriations subcommittees on
corrections, the senate and house fiscal agencies, the legislative corrections
ombudsman, and the state budget office. The report shall include explanations
of the methodology and assumptions used in developing the projection updates.
Sec. 402. By March 1, the
department shall provide a report on offender success expenditures and
allocations to the senate and house appropriations subcommittees on
corrections, the senate and house fiscal agencies, the legislative corrections
ombudsman, and the state budget office. At a minimum, the report shall include
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. The department shall
partner with nonprofit faith-based, business and professional, civic, and
community organizations for the purpose of providing offender success services.
Offender success services include, but are not limited to, counseling,
providing information on housing and job placement, and money management
assistance.
Sec. 404. From the funds
appropriated in part 1 for offender success services, the department, when
reasonably possible, shall ensure that inmates have potential employer matches
in the communities to which they will return prior to each inmate s initial parole
hearing.
Sec. 405. By March 1, the
department shall report to the senate and house appropriations subcommittees on
corrections, the senate and house fiscal agencies, the legislative corrections
ombudsman, and the state budget office on 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 department of labor and economic opportunity and local entities
to design services and shall use appropriations provided in part 1 for offender
success and vocational education programs. The department shall ensure that the
collaboration provides relevant profes sional development opportunities to
prisoners to ensure that the programs are high quality, demand driven, locally
receptive, and responsive to the needs of communities where the prisoners are
expected to reside after their release from correctional facilities. The
programs shall begin upon the intake of the prisoner into a department
facility.
(2) The department shall continue
to offer workforce development programming through the entire duration of the
prisoner s incarceration to encourage employment upon release.
(3) By March 1, the department
shall provide a report to the senate and house appropriations subcommittees on
corrections, the senate and house fiscal agencies, the legislative corrections
ombudsman, and the state budget office 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,
(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 $52.50.
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,
Sec. 412. (1) The department
shall submit to the senate and house appropriations subcommittees on
corrections, the senate and house fiscal agencies, the legislative corrections
ombudsman, and the state budget office the following information for each
county and counties consolidated for 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 drunk driver jail reduction and community treatment
program.
(2) The
report required under subsection (1) shall include the total funding
allocated, program expenditures, required program data, and year-to-date
totals.
Sec. 413. (1) From the funds
appropriated in part 1 for public safety initiative, the county sheriff of the
county receiving the funding under part 1 shall report a detailed listing of
expenditures made for the prior three fiscal years. The report must be
submitted by February 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 office
and must include the purpose for which the expenditures were made, the amounts
of expenditures by purpose, specific services that were provided, and number of
individuals served.
(2) If requested by the senate
and house of representatives appropriations subcommittees on corrections, the
county sheriff of the county receiving the funding under part 1 shall appear
before the subcommittees to discuss the expenditure report required under subsection (1).
The subcommittees will work with the county sheriff to determine when the
meeting will occur.
Sec. 414.
(1) The department shall administer a county jail reimbursement program from
the funds appropriated in part 1 for the purpose of reimbursing counties for housing in jails
certain felons who otherwise would have been sentenced to prison.
(2) The county jail
reimbursement program shall reimburse counties for convicted felons in the
custody of the sheriff if the conviction was for a crime committed on or after
(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,
(b) The
felon s minimum sentencing guidelines range minimum is more than 12 months
under the sentencing guidelines described in subdivision (a).
(c) The felon was sentenced to
jail for a felony committed while he or she was on parole and under the
jurisdiction of the parole board and for which the sentencing guidelines
recommended range for the minimum sentence has an upper limit of more than 18
months.
(3) State reimbursement under
this section shall be $65.00 per diem per diverted offender for offenders
with a presumptive prison guideline score, $55.00 per diem per diverted
offender for offenders with a straddle cell guideline for a group 1 crime, and
$40.00 per diem per diverted offender for offenders with a straddle cell
guideline for a group 2 crime. Reimbursements shall be paid for sentences up to
a 1-year total.
(4) As used in this section:
(a) Group
1 crime means a crime in 1 or more of the following offense categories: arson,
assault, assaultive other, burglary, criminal sexual conduct, homicide or resulting in
death, other sex offenses, robbery, and weapon possession as determined by the
department based on specific crimes for which counties received reimbursement
under the county jail reimbursement program in fiscal year 2007 and fiscal year
2008, and listed in the county jail reimbursement program document titled FY
2007 and FY 2008 Group One Crimes Reimbursed , dated March 31, 2009.
(b) Group
2 crime means a crime that is not a group 1 crime, including larceny, fraud,
forgery, embezzlement, motor vehicle, malicious destruction of property, controlled substance
offense, felony drunk driving, and other nonassaultive offenses.
(c) In the custody of the
sheriff means that the convicted felon has been sentenced to the county jail
and is either housed in a county jail, is in custody but is being housed at a
hospital or medical facility for a medical or mental health purpose, or has
been released from jail and is being monitored through the use of the sheriff s
electronic monitoring system.
(5) County jail reimbursement
program expenditures shall not exceed the amount appropriated in part 1
for the county jail reimbursement program. Payments to counties under the
county jail reimbursement program shall be made in the order in which properly
documented requests for reimbursements are received. A request shall be
considered to be properly documented if it meets MDOC requirements for
documentation. By October 15, the department shall distribute the documentation
requirements to all counties.
(6) Any county that receives
funding under this section for the purpose of housing in jails certain
felons who otherwise would have been sentenced to prison shall, as a condition
of receiving the funding, report by September
30 an annual average jail capacity and annual average jail occupancy for the
immediately preceding fiscal year.
(7) Any county that enacts or
enforces any law, ordinance, policy, or rule that limits or prohibits a peace
officer or local official, officer, or employee from communicating or cooperating
with appropriate federal officials
concerning the immigration status of an individual in this state is not
eligible to receive reimbursement from funds appropriated in part 1 to
house in jails certain felons who otherwise would have been sentenced to
prison.
(8) Not
later than February 1, the department shall report to the senate and house
appropriations subcommittees on corrections all of the following
information:
(a) The
number of inmates sentenced to the custody of the sheriff and eligible for the
county jail reimbursement program.
(b) The total amount paid to
counties under the county jail reimbursement program.
(c) The total number of days
inmates were in the custody of the sheriff and eligible for the county jail
reimbursement program.
(d) The number of inmates
sentenced to the custody of the sheriff under each of the 3 categories:
presumptive prison, group 1 crime, and group 2 crime in subsection (3).
(e) The total amount paid to
counties under each of the 3 categories: presumptive prison, group 1 crime, and
group 2 crime in subsection (3).
(f) The total number of days
inmates were in the custody of the sheriff under each of the 3 categories:
presumptive prison, group 1 crime, and group 2 crime in subsection (3).
(g) The estimated cost of
housing inmates sentenced to the custody of the sheriff and eligible for the
county jail reimbursement program as inmates of a state prison.
Sec. 416. Allowable uses of
drunk driver jail reduction and community treatment program funding shall
include reimbursing counties for transportation, treatment costs, and housing
drunk drivers during a period of assessment for treatment and case planning.
Reimbursements for housing during the assessment process shall be at the rate
of $43.50 per day per offender, up to a maximum of 5 days per offender.
Sec. 417. (1) By March 1, the
department shall report to the senate and house appropriations subcommittees on
corrections, the senate and house fiscal agencies, the legislative corrections
ombudsman, and the state budget office on both of the following programs from
the previous fiscal year:
(a) The drunk driver jail
reduction and community treatment program.
(b) 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 senate and house fiscal agencies, the
legislative corrections ombudsman, and the state budget office on prisoner
populations by security levels by facility, prison facility capacities, and
parolee and probationer populations.
(2) The department shall provide
monthly electronic mail reports to the senate and house appropriations
subcommittees on corrections, the senate and house fiscal agencies, the
legislative corrections ombudsman, and the state budget office. The reports
shall include information on end-of-month prisoner populations in county jails,
the net operating capacity according to the most recent certification report,
identified by date, the number of beds in currently closed housing units by
facility, and end-of-month data, year-to-date data, and comparisons to the prior
year for the following:
(a) Community residential program
populations, separated by centers and electronic monitoring.
(b) Parole populations.
(c) Probation populations, with
identification of the number in special alternative incarceration.
(d) Prison
and camp populations, with separate identification of the number in special
alternative incarceration and the number 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. 422. On a quarterly basis,
the department shall issue a report to the senate and house appropriations
subcommittees on corrections, the senate and house fiscal agencies, the
legislative corrections ombudsman, and the state budget office, for the
previous 4 quarters detailing the outcomes of prisoners who have been reviewed
for parole. The report shall include all of the following:
(a) How many prisoners in each
quarter were reviewed.
(b) How many prisoners were
granted parole.
(c) How many prisoners were denied
parole.
(d) How many parole decisions were
deferred.
(e) The distribution of the total
number of prisoners reviewed during that quarter grouped by whether the
prisoner had been interviewed for the first, second, third, fourth, fifth,
sixth, or more than sixth time.
(f) The number of paroles granted,
denied, or deferred for each of the parole guideline scores of low, average,
and high.
(g) The reason for denying or
deferring parole.
Sec. 423. From the funds
appropriated in part 1 for offender success administration, the department
shall collaborate with the Michigan Restaurant Association for job placement
for individuals on probation and parole.
Sec. 425. (1) From the funds
appropriated in part 1 for offender success programming, $1,000,000.00 shall be
used by the department to establish medication-assisted treatment offender
success pilot programs to provide prerelease treatment and postrelease referral
for opioid-addicted and alcohol-addicted offenders who voluntarily participate
in the medication-assisted treatment offender success pilot programs. The
department shall collaborate with
residential and nonresidential substance abuse treatment providers and with
community-based clinics to provide postrelease treatment. The programs
shall employ a multifaceted approach to treatment, including a long-acting
nonaddictive medication approved by the Food and Drug Administration for the
treatment of opioid and alcohol dependence, counseling, and postrelease
referral to community-based providers.
(2) The
manufacturer of a long-acting nonaddictive medication approved by the Food and
Drug Administration for opioid and alcohol dependence shall provide the department with
samples of the medication, at no cost to the department, during the duration of
the medication-assisted treatment offender success pilot programs. Offenders
shall receive 1 injection prior to being released from custody and shall be
connected with an aftercare plan and assistance with obtaining insurance to
cover subsequent injections.
(3) Participants of the programs
shall be required to attend substance abuse treatment programming as directed
by their agent, including coordination of both direct or indirect services
through federally qualified health centers in Wayne, Washtenaw, Genesee,
Berrien, Van Buren, and Allegan Counties, but not limited to only those
counties, shall be subject to routine drug and alcohol testing, shall not be
allowed to consume drugs or alcohol, and shall possess a strong will to
overcome addiction.
(4) The
department shall submit a report by September 30 to the senate and house
appropriations subcommittees on corrections, the senate and house fiscal
agencies, the legislative corrections ombudsman, and the state budget office on
the number of offenders who received injections upon release, the number of
offenders who received injections and tested positive for drugs or alcohol, the
number of offenders who received injections in the community for a duration of
at least 3 months, and the number of offenders who received injections and were
subsequently returned to prison.
Sec. 426. From the funds
appropriated in part 1, the department shall ensure that any inmate with a
diagnosed mental illness is referred to a local mental health care provider
that is able and willing to treat the inmate upon parole or discharge. The
department shall ensure that the provider is informed of the inmate s current
treatment plan including any medications that are currently prescribed to the
inmate.
Sec. 437. (1) Funds appropriated
in part 1 for Goodwill Flip the Script shall be distributed to a
Michigan-chartered 501(c)(3) nonprofit corporation operating in a county with
greater than 1,500,000 people for administration and expansion of a program
that serves a population of individuals aged 16 to 39. The program shall target
those who are entering the criminal justice system for the first or second time
and shall assist those individuals through the following program types:
(a) Alternative sentencing
programs in partnership with a local district or circuit court.
(b) Educational recovery for
special adult populations with high rates of illiteracy.
(c) Career development and
continuing education for women.
(2) The program selected shall
report by March 30 to the department, the senate and house appropriations
subcommittees on corrections, the senate and house fiscal agencies, the legislative
corrections ombudsman, and the state budget office. The report shall include
program performance measurements, the number of individuals diverted from
incarceration, the number of individuals served, and outcomes of participants
who complete the program.
FIELD OPERATIONS ADMINISTRATION
Sec. 602. It is the intent of the
legislature that the department not extend any contracts for electronic
monitoring devices. When the current contract ends, a complete review of all
providers and technology must be conducted to determine the efficacy.
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,
(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. 604. (1) The funds
appropriated in part 1 for criminal justice reinvestment shall be used only to
fund data collection and evidence-based programs designed to reduce recidivism
among probationers and parolees.
(2) Of the funds appropriated in
part 1 for criminal justice reinvestment, at least $600,000.00 shall be
allocated to an organization that has received a United States Department of
Labor training to work 2-adult reentry grant to provide county jail inmates
with programming and services to prepare them to get and keep jobs. Examples of
eligible programs and services are, but are not limited to: adult education,
tutoring, manufacturing skills training, participation in a simulated work
environment, mentoring, cognitive therapy groups, life skills classes, substance
abuse recovery groups, fatherhood programs, classes in understanding the legal system, family literacy, health and
wellness, finance management, employer presentations, and classes on job
retention. Programming and support services should begin before release and
continue after release from the county jail. To be eligible for funding, an
organization must show at least 2 years worth of data that demonstrate program
success.
Sec. 611. The department shall
prepare by March 1 individual reports for the residential reentry program, the
electronic monitoring program, and the special alternative to incarceration
program. The reports shall be submitted to the senate and house appropriations
subcommittees on corrections, the senate and house fiscal agencies, the
legislative corrections ombudsman, and the state budget office. Each program s
report shall include information on all of the following:
(a) Monthly new participants by
type of offender. Residential reentry program participants shall be categorized
by reason for placement. For technical rule violators, the report shall sort
offenders by length of time since release from prison, by the most recent
violation, and by the number of violations occurring since release from prison.
(b) Monthly participant unsuccessful
terminations, including cause.
(c) Number of successful
terminations.
(d) End month population by
facility/program.
(e) Average length of placement.
(f) Return to prison statistics.
(g) Description of each program
location or locations, capacity, and staffing.
(h) Sentencing guideline scores
and actual sentence statistics for participants, if applicable.
(i) Comparison with prior year
statistics.
(j) Analysis of the impact on
prison admissions and jail utilization and the cost effectiveness of the
program.
Sec. 612. (1) The department
shall review and revise as necessary policy proposals that provide alternatives
to prison for offenders being sentenced to prison as a result of technical
probation violations and technical parole violations. To the extent the
department has insufficient policies or resources to affect the continued
increase in prison commitments among these offender populations, the department
shall explore other policy options to allow
for program alternatives, including department or OCC-funded programs, local
level programs, and programs available through private agencies that may
be used as prison alternatives for these offenders.
(2) By April 1, the department
shall provide a report to the senate and house appropriations subcommittees on
corrections, the senate and house fiscal agencies, the legislative corrections
ombudsman, and the state budget office on the number of all parolees returned
to prison and probationers sentenced to prison for either a technical violation
or new sentence during the preceding fiscal year. The report shall include the
following information for probationers, for parolees after their first parole,
and for parolees who have been paroled more than once:
(a) The numbers of parole and probation
violators returned to or sent to prison for a new crime with a comparison of
original versus new offenses by major offense type: assaultive, nonassaultive,
drug, and sex.
(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. 613. When the department is
determining where to place a parolee with chronic technical violations, the
department shall give priority to placing a parolee in an intensive detention
program that offers specific programming to address the behavioral needs of the
parolee, and that works on a plan with the parolee to ensure that once the parolee
is released he or she can remain in the community and successfully complete his
or her parole.
Sec. 615. (1) The department
shall submit a report detailing the number of prisoners who have received life
imprisonment sentences with the possibility of parole and who are currently
eligible for parole to the senate and house appropriations subcommittees on
corrections, the senate and house fiscal agencies, the legislative corrections
ombudsman, and the state budget office by April 30.
(2) The report shall include the
following information on parolable lifers who have served more than 25 years:
prisoner name, MDOC identification number, prefix, offense for which life term
is being served, county of conviction, age
at time offense was committed, current age, race, gender, true security
classification, dates of parole board file reviews, dates of parole
board interviews, parole guideline scores, and reason for decision not to
release.
Sec. 617. From the funds
appropriated in part 1 for the residential alternative to prison program, the
department shall provide vocational, educational, and cognitive programming in
a secure environment to enhance existing alternative sentencing options,
increase employment readiness and successful placement rates, and reduce new
criminal behavior for the west Michigan probation violator population. The
department shall measure and set the following metric goals:
(a) 85% of participants
successfully complete the program.
(b) Of the participants that
complete the program, 75% will earn a nationally recognized credential for
career and vocational programs.
(c) Of the participants that
complete the program, 100% will earn a certificate of completion for cognitive
programming.
(d) The prison commitment rate
for probation violators will be reduced by 5% within the impacted geographical
area after the first year of program operation.
HEALTH
Sec. 802. As a condition of
expenditure of the funds appropriated in part 1, the department shall provide
the senate and house appropriations subcommittees on corrections, the senate
and house fiscal agencies, the legislative corrections ombudsman, and the state
budget office with quarterly reports on physical and mental health care
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. These reports
shall include a breakdown of all payments to the integrated care provider
itemized by physical health care, mental health care, and pharmacy
expenditures.
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
online, on a public website managed by the department.
Sec. 804. The department shall
report quarterly to the senate and house appropriations subcommittees on
corrections, the senate and house fiscal agencies, the legislative corrections
ombudsman, and the state budget office on prisoner health care utilization. The
report shall include the number of inpatient hospital days, outpatient visits,
emergency room visits, and prisoners receiving off-site inpatient medical care
in the previous quarter, by facility.
Sec. 807. The funds appropriated
in part 1 for Hepatitis C treatment shall be used only to purchase specialty
medication for Hepatitis C treatment in the prison population. In addition to
the above appropriation, any rebates
received from the medications used shall be used only to purchase specialty
medication for Hepatitis C treatment. On a quarterly basis, the
department shall issue a report to the senate and house appropriations
subcommittees on corrections, the senate and house fiscal agencies, the
legislative corrections ombudsman, and the
state budget office, showing for the previous 4 quarters the total amount spent
on specialty medication for the treatment of Hepatitis C, the number of
prisoners that were treated, the amount of any rebates that were received from
the purchase of specialty medication, and what outstanding rebates are expected
to be received.
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 senate
and house fiscal agencies, the legislative corrections ombudsman, and the state
budget office with quarterly updates on the utilization of Medicaid benefits
for prisoners.
Sec. 816. By April 1, the
department shall provide the senate and house appropriations subcommittees on corrections,
the senate and house fiscal agencies, the legislative corrections ombudsman,
and the state budget office with a 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. 901. From the funds
appropriated in part 1 for the enhanced food technology program, the department
shall expand the existing food technology education program to at least 700
inmates annually. A participant in the food technology program shall complete
408 hours of on-the-job training in a prison kitchen as a part of the program.
Sec. 903.
From the funds appropriated in part 1 for prison food service, the department
shall report biannually to the senate and house appropriations subcommittees on corrections,
the senate and house fiscal agencies, the legislative corrections ombudsman,
and the state budget office on the following:
(a) Average per-meal cost for
prisoner food service. Per-meal cost shall include all costs directly related
to the provision of food for the prisoner population, and shall include, but
not be limited to, actual food costs, total compensation for all food service
workers, including benefits and legacy costs, and inspection and compliance
costs for food service.
(b) Food service-related
contracts, including goods or services to be provided and the vendor.
(c) Major sanitation violations.
Sec. 904. The department shall
calculate the cost per prisoner/per day for each security custody level. This
calculation shall include all actual direct and indirect costs for the previous
fiscal year, 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 cost per prisoner/per day, 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. 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 senate and house fiscal agencies, the legislative corrections ombudsman,
and the state budget office 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 senate and house fiscal agencies, the legislative corrections
ombudsman, and the state budget office on academic and vocational programs. The
report shall provide information relevant to an assessment of the department s
academic and vocational programs, including, but not limited to, all of the
following:
(a) The number of instructors and
the number of instructor vacancies, by program and facility.
(b) The number of prisoners
enrolled in each program, the number of prisoners completing each program, the
number of prisoners who do not complete each program and are not subsequently
reenrolled, and the reason for not completing the program, the number of
prisoners transferred to another facility while enrolled in a program and not
subsequently reenrolled, the number of prisoners enrolled who are repeating the
program, and the number of prisoners on waiting lists for each program, all
itemized by facility.
(c) The steps the department has
undertaken to improve programs, track records, accommodate transfers and
prisoners with health care needs, and reduce waiting lists.
(d) The number of prisoners
paroled without a high school diploma and the number of prisoners paroled
without a high school equivalency.
(e) An explanation of the value
and purpose of each program, for example, to improve employability, reduce
recidivism, reduce prisoner idleness, or some combination of these and other
factors.
(f) An identification of program
outcomes for each academic and vocational program.
(g) The number of prisoners not
paroled at their earliest release date due to lack of a high school
equivalency, and the reason those prisoners have not obtained a high school
equivalency.
Sec. 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 office the number of critical incidents
occurring each month by type and the number and severity of assaults, escape
attempts, suicides, and attempted suicides occurring each month at each
facility during the immediately preceding calendar year.
Sec. 912. The department shall
report monthly to the senate and house appropriations subcommittees on
corrections, the senate and house fiscal agencies, the legislative corrections
ombudsman, and the state budget office on the ratio of correctional officers to
prisoners for each correctional institution, the ratio of shift command staff
to line custody staff, and the ratio of noncustody institutional staff to
prisoners for each correctional institution.
Sec. 913. (1) From the funds
appropriated in part 1, the department shall focus on providing required
programming to prisoners who are past their earliest release date because of
not having received the required programming. Programming includes, but is not
limited to, violence prevention programming, assaultive offender programming,
sexual offender programming, substance abuse treatment programming, thinking
for a change programming, and any other programming that is required as a
condition of parole.
(2) It is the intent of the
legislature that any prisoner required to complete a violence prevention
program, sexual offender program, or other program as a condition of parole
shall be placed on a waiting list for the appropriate programming upon entrance
to prison and transferred to a facility where that program is available in order to accomplish timely completion of that
program prior to the expiration of his or her minimum sentence and
eligibility for parole. Nothing in this section should be deemed to make
parole denial appealable in court.
(3) The department shall submit a
quarterly report to the senate and house appropriations subcommittees on
corrections, the senate and house fiscal agencies, the legislative corrections
ombudsman, and the state budget office detailing enrollment in sex offender
programming, assaultive offender programming, violent offender programming, and
thinking for a change programming. At a minimum, the report shall include the
following:
(a) A full accounting, from the
date of entrance to prison, of the number of individuals who are required to
complete the programming, but have not yet done so.
(b) The number of individuals who
have reached their earliest release date, but who have not completed required
programming.
(c) A plan of action for
addressing any waiting lists or backlogs for programming that may exist.
Sec. 920. If a female prisoner
consents to a visitor being present, the department shall allow that 1 person
to be present during the prisoner s labor and delivery. The person allowed to
accompany the prisoner must be an immediate family member, legal guardian,
spouse, or domestic partner. The department is authorized to deny access to a
visitor if the department has a safety concern with that visitor s access. The
department is authorized to conduct a criminal background check on a visitor.
Sec. 924. The department shall
evaluate all prisoners at intake for substance abuse disorders, serious
developmental disorders, serious mental illness, and other mental health
disorders. Prisoners with serious mental illness or serious developmental
disorders shall not be removed from the general population as a punitive
response to behavior caused by their serious mental illness or serious
developmental disorder. Due to persistent high violence risk or severe disruptive
behavior that is unresponsive to treatment, prisoners with serious mental
illness or serious developmental disorders may be placed in secure residential
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 office on the annual number of prisoners in administrative
segregation between October 1, 2018 and September 30, 2019, and the annual
number of prisoners in administrative segregation between October 1, 2018
and September 30, 2019 who at any time during the current or prior prison term
were diagnosed with serious mental illness or have a developmental disorder and
the number of days each of the prisoners with serious mental illness or a
developmental disorder have been confined to administrative segregation.
Sec. 929. From the funds appropriated
in part 1, the department shall do all of the following:
(a) Ensure that any inmate care
and control staff in contact with prisoners less than 18 years of age are
adequately trained with regard to the developmental and mental health needs of prisoners
less than 18 years of age. By April 1, the department shall report to the
senate and house appropriations subcommittees on corrections, the senate and
house fiscal agencies, the legislative corrections ombudsman, and the state
budget office on the training curriculum used and the number and types of staff
receiving annual training under that curriculum.
(b) Provide appropriate
placement for prisoners less than 18 years of age who have serious mental
illness, serious emotional disturbance, or a serious developmental disorder and
need to be housed separately from the general population. Prisoners less than
18 years of age who have serious mental illness, serious emotional disturbance,
or a serious developmental disorder shall not be removed from an existing
placement as a punitive response to behavior caused by their serious mental
illness, serious emotional disturbance, or a serious developmental disorder.
Due to persistent high violence risk or severe disruptive behavior that is
unresponsive to treatment, prisoners less than 18 years of age with serious
emotional disturbance, serious mental illness, or serious developmental
disorders may be placed in secure residential housing programs that will
facilitate access to institutional programming and ongoing mental health
services. A prisoner less than 18 years of age with serious mental
illness, serious emotional disturbance, or a serious developmental disorder who
is confined in these specialized housing programs shall be evaluated or
monitored by a medical professional at a frequency of not less than every 12
hours.
(c) Implement a specialized
offender success program that recognizes the needs of prisoners less than 18 years
old for supervised offender success.
Sec. 930.
The department shall submit a quarterly report to the senate and house
appropriations subcommittees on corrections, the senate and house fiscal
agencies, the legislative corrections ombudsman, and the state budget office on
the number of youth in prison. The report shall include, but not be limited to,
the following information:
(a) The total number of inmates
under age 18 who are not on Holmes youthful trainee act status.
(b) The total number of inmates
under age 18 who are on Holmes youthful trainee act status.
(c) The total number of inmates
aged 18 to 23 who are on Holmes youthful trainee act status.
Sec. 940. (1) Any lease, rental,
contract, or other legal agreement that includes a provision allowing a private
person or entity to use state-owned facilities or other property to conduct a
for-profit business enterprise shall require the lessee to pay fair market
value for the use of the state-owned property.
(2) The lease, rental, contract,
or other legal agreement shall also require the party using the property to
make a payment in lieu of taxes to the local jurisdictions that would otherwise
receive property tax revenue, as if the property were not owned by the state.
Sec. 942. The department shall
ensure that any contract with a public or private party to operate a facility
to house state prisoners includes a provision to allow access by both the
office of the legislative auditor general and the office of the legislative
corrections ombudsman to the facility and to appropriate records and documents
related to the operation of the facility. These access rights for both offices
shall be the same for the contracted facility as for a general state-operated
correctional facility.
Sec. 943. The department shall
submit a report by May 1 to the senate and house appropriations subcommittees
on corrections, the senate and house fiscal agencies, the legislative
corrections ombudsman, and the state budget office on the actual and projected
savings achieved by closing correctional facilities. Savings amounts shall be
itemized by facility. Information required by this section shall start
with the closure of the Pugsley Correctional Facility, which closed in
September of 2016.
Sec. 944. When the department is
planning to close a correctional facility, the department shall fully consider
the potential economic impact of the prison closure on the community where the
facility is located. The department, when weighing all factors related to the
closure of a facility, shall also consider the impact on the local community
where the facility to be closed is located.
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. 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 electronic mail accounts, how to visit in person, proper procedures for
filing complaints or grievances, the rights of prisoners to physical and mental
health care, how to utilize the offender tracking information system (OTIS),
truth-in-sentencing and how it applies to minimum sentences, the parole
process, and guidance on the importance of the role of families in the reentry
process. The department is encouraged to partner with external advocacy groups
and actual families of prisoners in the packet-writing process to ensure that
the information is useful and complete.
Sec. 1011. The department may
accept in-kind services and equipment donations to facilitate the addition of a cable network that provides programming that
will address the religious needs of incarcerated individuals. This
network may be a cable television network that presently reaches the majority
of households in the United States. A
bilingual channel affiliated with this network may also be added to department
programming to assist the religious needs of Spanish-speaking inmates.
The addition of these channels shall be at no additional cost to this state.
Sec. 1013. From the funds
appropriated in part 1, priority may be given to funding reentry or
rehabilitation programs that have been demonstrated to reduce prison violence
and recidivism, including faith-based initiatives.
Third: That the House and Senate
agree to the title of the bill to read as follows:
A bill to make appropriations for
the department of corrections for the fiscal year ending September 30, 2020;
and to provide for the expenditure of the appropriations.
Thomas
A. Albert
Bradley
Slagh
Conferees
for the House
Tom
Barrett
Jim
Stamas
Conferees
for the Senate
The
question being on the adoption of the conference report,
Roll Call No. 241 Yeas 58
Afendoulis Frederick LaFave Rendon
Albert Glenn Leutheuser Schroeder
Alexander Green Lightner Sheppard
Allor Griffin Lilly Slagh
Bellino Hall Lower VanSingel
Berman Hauck Maddock VanWoerkom
Bollin Hernandez Marino Vaupel
Brann Hoitenga Markkanen Wakeman
Calley Hornberger Meerman Webber
Chatfield Howell Miller Wendzel
Cole Huizenga Mueller Wentworth
Crawford Iden O Malley Whiteford
Eisen Inman Paquette Wozniak
Farrington Johnson, S. Reilly Yaroch
Filler Kahle
Nays 51
Anthony Garrett Kennedy Robinson
Bolden Garza Koleszar Sabo
Brixie Gay-Dagnogo Kuppa Shannon
Byrd Greig LaGrand Sneller
Cambensy Guerra Lasinski Sowerby
Camilleri Haadsma Liberati Stone
Carter,
T. Hammoud Love Tate
Cherry Hertel Manoogian Warren
Chirkun Hoadley Neeley Whitsett
Clemente Hood Pagan Wittenberg
Coleman Hope Peterson Witwer
Elder Johnson, C. Pohutsky Yancey
Ellison Jones Rabhi
In The Chair: Wentworth
Rep.
Cole moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Senate
Bill No. 147, entitled
A bill to make appropriations for
the department of state police for the fiscal year ending September 30, 2020;
and to provide for the expenditure of the appropriations.
The Senate has adopted the report
of the Committee of Conference and ordered that the bill be given immediate
effect.
The Conference Report was read as
follows:
First Conference Report
The Committee of Conference on the
matters of difference between the two Houses concerning
Senate
Bill No. 147, entitled
A bill to make appropriations for
the department of state police for the fiscal year ending September 30, 2020;
and to provide for the expenditure of the appropriations.
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:
A bill to make appropriations for
the department of state police for the fiscal year ending September 30, 2020;
and to provide for the expenditure of the appropriations.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
PART 1
LINE-ITEM APPROPRIATIONS
Sec. 101. There is appropriated
for the department of state police for the fiscal year ending September 30,
2020, from the following funds:
DEPARTMENT OF STATE POLICE
APPROPRIATION SUMMARY
Full-time equated unclassified
positions......................................................... 3.0
Full-time
equated classified positions...................................................... 3,580.0
GROSS APPROPRIATION............................................................................... $ 728,943,500
Interdepartmental grant revenues:
IDG from department of corrections.................................................................... 344,200
IDG from department of state............................................................................. 383,800
IDG from department of technology,
management, and budget............................... 665,100
IDG from department of
transportation................................................................ 11,903,300
IDG from department of treasury......................................................................... 5,475,100
IDG from other restricted funding....................................................................... 2,608,500
Intradepartmental transfers................................................................................. 3,553,900
Total interdepartmental grants and
intradepartmental transfers................................ 24,933,900
ADJUSTED GROSS APPROPRIATION............................................................ $ 704,009,600
Federal revenues:
Other federal revenues....................................................................................... 75,728,500
Total federal revenues........................................................................................ 75,728,500
Special revenue funds:
Local revenues.................................................................................................. 4,766,200
Total local revenues........................................................................................... 4,766,200
Private revenues................................................................................................ 35,000
Total private revenues........................................................................................ 35,000
[Please see the PDF version of this journal, if available, to view this image.]
Michigan merit award trust fund.......................................................................... 851,500
State services fee fund........................................................................................ 10,925,200
Other state restricted revenue.............................................................................. 135,381,500
Total state restricted revenues............................................................................. 147,158,200
State general fund/general purpose...................................................................... $ 476,321,700
State general fund/general
purpose schedule:
Ongoing state general fund/general
purpose...................................... 464,244,300
One-time state general fund/general
purpose...................................... 12,077,400
Sec. 102. DEPARTMENTAL
ADMINISTRATION AND SUPPORT
Full-time equated unclassified
positions......................................................... 3.0
Full-time equated classified
positions.......................................................... 83.0
Unclassified salaries 3.0 FTE
positions.............................................................. $ 621,700
Accounting service center................................................................................... 1,456,200
Department services 58.0 FTE
positions............................................................ 9,028,500
Departmentwide................................................................................................ 41,408,500
Executive direction 25.0 FTE
positions............................................................. 4,301,700
GROSS APPROPRIATION............................................................................... $ 56,816,600
Appropriated from:
Interdepartmental grant revenues:
IDG from department of corrections.................................................................... 26,000
IDG from department of state............................................................................. 1,400
IDG from department of
transportation................................................................ 3,900
IDG from department of treasury......................................................................... 116,200
IDG from other restricted funding....................................................................... 170,300
Intradepartmental transfers................................................................................. 38,200
Federal revenues:
Other federal revenues....................................................................................... 353,000
Special revenue funds:
Local revenues.................................................................................................. 1,200
Michigan merit award trust fund.......................................................................... 18,000
State services fee fund........................................................................................ 309,900
Other state restricted revenues............................................................................. 2,932,200
State general fund/general purpose...................................................................... $ 52,846,300
Sec. 103. LAW ENFORCEMENT SERVICES
Full-time equated classified
positions........................................................ 529.0
Biometrics and identification 54.0
FTE positions................................................ $ 9,639,700
Criminal justice information
center 132.0 FTE positions..................................... 22,456,300
Forensic science 265.0 FTE
positions................................................................ 45,045,500
Grants and community services 15.0
FTE positions............................................ 15,933,900
Office of school safety 3.0 FTE
positions.......................................................... 500,000
State 9-1-1 administration 5.0 FTE
positions...................................................... 1,093,900
Training 55.0 FTE positions............................................................................. 10,618,300
GROSS APPROPRIATION............................................................................... $ 105,287,600
Appropriated from:
Interdepartmental grant revenues:
IDG from department of corrections.................................................................... 318,200
IDG from department of state............................................................................. 378,600
IDG from department of
transportation................................................................ 1,227,400
IDG from other restricted funding....................................................................... 2,426,000
Intradepartmental transfers................................................................................. 750,000
Federal revenues:
Other federal funds............................................................................................ 13,325,200
Special revenue funds:
Local revenue funds........................................................................................... 918,300
Private revenues................................................................................................ 20,000
State services fee fund........................................................................................ 8,033,300
Other state restricted revenues............................................................................. 32,708,100
State general fund/general purpose...................................................................... $ 45,182,500
[Please see the PDF version of this journal, if available, to view this image.]
Sec. 104. MICHIGAN COMMISSION ON LAW ENFORCEMENT
STANDARDS
Full-time equated classified
positions.......................................................... 18.0
Public safety officers benefit
program 1.0 FTE position...................................... $ 302,100
Standards and training/justice
training grants 17.0 FTE positions......................... 10,995,500
Training only to local units................................................................................. 654,500
GROSS APPROPRIATION............................................................................... $ 11,952,100
Appropriated from:
Federal revenues:
Other federal revenues....................................................................................... 250,000
Special revenue funds:
Other state restricted revenues............................................................................. 10,128,800
State general fund/general purpose...................................................................... $ 1,573,300
Sec. 105. FIELD SERVICES
Full-time equated classified
positions...................................................... 2,350.0
Investigative services 170.5 FTE
positions......................................................... $ 33,256,900
Post operations 2,149.5 FTE
positions............................................................... 330,769,500
Secure cities partnership 30.0 FTE
positions...................................................... 7,798,900
GROSS APPROPRIATION............................................................................... $ 371,825,300
Appropriated from:
Interdepartmental grant revenues:
IDG from department of treasury......................................................................... 5,162,100
Intradepartmental transfers................................................................................. 794,300
Federal revenues:
Other federal revenues....................................................................................... 6,711,400
Special revenue funds:
Local revenues.................................................................................................. 1,200,000
State services fee fund........................................................................................ 2,500,000
Michigan merit award trust fund.......................................................................... 827,400
Other state restricted revenues............................................................................. 48,990,100
State general fund/general purpose...................................................................... $ 305,640,000
Sec. 106. SPECIALIZED SERVICES
Full-time equated classified
positions........................................................ 600.0
Commercial vehicle enforcement,
headquarters and central costs 30.0 FTE
positions........................................................................................................... $ 8,644,700
Commercial vehicle enforcement,
first district 48.0 FTE positions........................ 6,003,200
Commercial vehicle enforcement,
second district 31.0 FTE positions................... 3,697,400
Commercial vehicle enforcement,
third district 25.0 FTE positions....................... 3,040,500
Commercial vehicle enforcement,
fifth district 28.0 FTE positions....................... 3,441,400
Commercial vehicle enforcement,
sixth district 20.0 FTE positions...................... 2,456,400
Commercial vehicle enforcement,
seventh district 7.0 FTE positions.................... 961,200
Commercial vehicle enforcement,
eighth district 13.0 FTE positions.................... 1,702,900
School bus inspections 14.0 FTE
positions........................................................ 1,742,700
Emergency management and homeland
security 64.0 FTE positions..................... 15,946,100
Hazardous materials programs 25.0
FTE positions.............................................. 23,759,000
Highway safety planning 26.0 FTE
positions..................................................... 18,101,900
Intelligence operations 202.0 FTE
positions....................................................... 28,151,300
Secondary road patrol program 1.0
FTE position................................................ 13,074,300
Civil Air Patrol.................................................................................................. 20,000
Special operations 66.0 FTE
positions............................................................... 11,908,600
GROSS APPROPRIATION............................................................................... $ 142,651,600
Appropriated from:
Interdepartmental grant revenues:
IDG from department of technology,
management, and budget............................... 665,100
IDG from department of
transportation................................................................ 10,413,600
IDG from department of treasury......................................................................... 100,000
Intradepartmental transfers................................................................................. 1,950,600
[Please see the PDF version of this journal, if available, to view this image.]
Federal revenues:
Other federal revenues....................................................................................... 54,128,500
Special revenue funds:
Local revenues.................................................................................................. 1,742,700
Private revenues................................................................................................ 15,000
Other state restricted revenues............................................................................. 28,602,800
State general fund/general purpose...................................................................... $ 45,033,300
Sec. 107. INFORMATION TECHNOLOGY
Information technology services
and projects........................................................ $ 28,332,900
GROSS APPROPRIATION............................................................................... $ 28,332,900
Appropriated from:
Interdepartmental grant revenues:
IDG from department of state............................................................................. 3,800
IDG from department of
transportation................................................................ 258,400
IDG from department of treasury......................................................................... 96,800
IDG from other restricted funding....................................................................... 12,200
Intradepartmental transfers................................................................................. 20,800
Federal revenues:
Other federal revenues....................................................................................... 960,400
Special revenue funds:
Local revenues.................................................................................................. 904,000
Michigan merit award trust fund.......................................................................... 6,100
State services fee fund........................................................................................ $ 82,000
Other state restricted revenues............................................................................. 12,019,500
State general fund/general purpose...................................................................... $ 13,968,900
Sec. 108. ONE-TIME APPROPRIATIONS
First responder communications
network............................................................. $ 2,000,000
In-car camera video streaming
network................................................................ 766,600
Michigan International Speedway
traffic control................................................... 600,000
Sexual assault prevention and
education initiative................................................. 1,321,000
Trooper school.................................................................................................. 7,389,800
GROSS APPROPRIATION............................................................................... $ 12,077,400
Appropriated from:
State general fund/general purpose...................................................................... $ 12,077,400
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
FOR FISCAL YEAR 2019-2020
GENERAL SECTIONS
Sec. 201. Pursuant to section 30
of article IX of the state constitution of 1963, total state spending from
state sources under part 1 for fiscal year 2019-2020 is $623,479,900.00 and
state spending from state sources to be paid to local units of government for
fiscal year 2019-2020 is $16,078,600.00. The itemized statement below
identifies appropriations from which spending to local units of government will
occur:
DEPARTMENT OF STATE POLICE
Secondary road patrol program.......................................................................... $ 12,963,600
Standards and training/justice
training grants....................................................... 2,460,500
Training only to local units................................................................................ 654,500
TOTAL............................................................................................................ $ 16,078,600
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) CJIS means Criminal Justice
Information Systems.
(b) Core service means that term
as defined in section 373 of the management and budget act, 1984 PA 431,
MCL 18.1373.
(c) Department means the
department of state police.
(d) Director means the director
of the department.
(e) DNA means deoxyribonucleic
acid.
(f) DTMB means the department of
technology, management, and budget.
(g) FTE means full-time
equated.
(h) IDG means
interdepartmental grant.
(i) MCOLES means the Michigan
commission on law enforcement standards.
(j) Subcommittees
means the subcommittees of the senate and house standing committees on
appropriations with jurisdiction over the budget for the department.
(k) Support service means an
activity required to support the ongoing delivery of core services.
Sec. 204. The department 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. 205. Funds appropriated in
part 1 shall not be used for the purchase of foreign goods or services, or
both, if competitively priced and of comparable quality American goods or
services, or both, are available. Preference shall be given to goods or services,
or both, manufactured or provided by Michigan businesses, if they are
competitively priced and of comparable quality. In addition, preference shall
be given to goods or services, or both, that are manufactured or provided by
Michigan businesses owned and operated by veterans, if they are competitively
priced and of comparable quality.
Sec. 206. The director shall
take all reasonable steps to ensure businesses in deprived and depressed
communities compete for and perform contracts to provide services or supplies,
or both. The director shall strongly encourage firms with which the department
contracts to subcontract with certified businesses in depressed and deprived
communities for services or supplies, or both.
Sec. 207.
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 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 transportation and
related costs of each travel occurrence, including the proportion funded with
state general fund/general purpose revenues, the proportion funded with state
restricted revenues, the proportion funded with federal revenues, and the
proportion funded with other revenues.
Sec. 208. Funds appropriated in
part 1 shall not be used by a principal executive department, state agency, or
authority to hire a person to provide legal services that are the
responsibility of the attorney general. This prohibition does not apply to
legal services for bonding activities and for those outside services that the
attorney general authorizes.
Sec. 209. Not later than
November 30, the state budget office shall prepare and transmit a report that
provides for estimates of the total general fund/general purpose appropriation
lapses at the close of the prior fiscal year. This report shall summarize the
projected year-end general fund/general purpose appropriation lapses by major
departmental program or program areas. The report shall be transmitted to the
chairpersons of the senate and house appropriations committees, the
subcommittees, and the senate and house fiscal agencies.
Sec. 210. (1) In addition to the
funds appropriated in part 1, there is appropriated an amount not to exceed
$2,000,000.00 for federal contingency funds. These funds are not available for
expenditure until they have been transferred to another line item in 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
$4,000,000.00 for state restricted contingency funds. These funds are not
available for expenditure until they have been transferred to another line item
in part 1 under section 393(2) of the management and budget act, 1984 PA 431,
MCL 18.1393.
Sec. 211. The department shall
cooperate with the DTMB 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. 212. Within 14 days after
the release of the executive budget recommendation, the department shall
cooperate with the state budget office to provide the senate and house
appropriations chairs, the senate and house appropriations subcommittees
chairs, and the senate and house fiscal agencies with an annual report on
estimated state restricted fund balances, state restricted fund projected
revenues, and state restricted fund expenditures for the fiscal years ending
September 30, 2019 and September 30, 2020.
Sec. 213. The department shall
maintain, on a publicly accessible website, a department scorecard that
identifies, tracks, and regularly updates key metrics that are used to monitor
and improve the department s performance.
Sec. 214. Total authorized
appropriations from all sources under part 1 for legacy costs for the fiscal
year ending September 30, 2020 are estimated at $137,272,300.00. From this
amount, total agency appropriations for pension-related legacy costs are
estimated at $74,914,400.00. Total agency appropriations for retiree health
care legacy costs are estimated at $62,357,900.00.
Sec. 215. Based on the
availability of federal funding and demonstrated need, as indicated by
applications submitted to the state court administrative office, the department
shall provide $1,500,000.00 in Byrne justice assistance grant program funding
to the judiciary by interdepartmental grant.
Sec. 216. A department or state
agency shall not take disciplinary action against an employee for communicating
with a member of the legislature or his or her staff.
Sec. 217. The department shall
provide biannual reports to the subcommittees, the senate and house fiscal
agencies, and the state budget office that provide the following data:
(a) A list of major work
projects, including the status of each project.
(b) The department s financial
status, featuring a report of budgeted versus actual expenditures by part 1
line item including a year-end projection of budget requirements. If projected
department budget requirements exceed the allocated budget, the report shall
include a plan to reduce overall expenses while still satisfying specified
service level requirements.
(c) A report on the performance
metrics cited or information required to be reported in this part, reasons for
nonachievement of metric targets, and proposed corrective actions.
Sec. 218. The appropriations in
part 1 are for the core services, support services, and work projects of the
department, including, but not limited to, the following core services:
(a) State security operations.
(b) Training.
(c) MCOLES.
(d) CJIS.
(e) Forensic analysis and
biometric identification.
(f) Post operations and
investigative services.
(g) Special operations.
(h) Intelligence operations.
(i) Commercial vehicle regulation
and enforcement.
(j) Emergency management and
homeland security.
(k) Highway safety planning.
(l) Secondary road patrol program.
Sec. 219. The department shall
notify the subcommittees, the chairpersons of the senate and house standing
committees on appropriations, and the senate and house fiscal agencies not less
than 90 days before recommending to close or consolidate any state police post.
The notification shall include a local and state impact study of the proposed
post closure or consolidation.
Sec. 220. At least 90 days
before beginning any effort to privatize, the department shall submit a
complete project plan to the subcommittees and the senate and house fiscal
agencies. The plan shall include the criteria under which the privatization initiative
will be evaluated. The evaluation shall be completed and submitted to the
subcommittees and the senate and house fiscal agencies within 30 months.
Sec. 221. (1) When the
department provides contractual services to a local unit of government, the department
shall be reimbursed for all costs incurred in providing the services,
including, but not limited to, retirement and overtime costs.
(2) The department shall define
service cost models for those services requiring reimbursement.
(3) Contractual services
provided to an entity other than a local unit of government may be provided by
department personnel, but only on an overtime basis outside the normal work
schedule of the personnel.
(4) This section does not
apply to services provided to state agencies.
(5) Revenues received for
contractual or reimbursed services in excess of the appropriation in part 1 are
appropriated and may be received and expended by the department for the
purposes for which funds are received.
(6) If
additional authorization is approved in the statewide integrated governmental
management application (SIGMA) by the state budget office under this section, the department
shall notify the subcommittees and the senate and house fiscal agencies within
10 days after the approval. The notification shall include the amount and
funding source of the additional authorization, the date of its approval, and
the projected use of funds to be expended.
Sec. 222. The department shall
serve as an active liaison between the DTMB and state, local, regional, and
federal public safety agencies on matters pertaining to the Michigan public
safety communications system and shall report user issues to the DTMB.
Sec. 223. The department may
establish and collect fees for publications, videos, conferences, workshops,
and related materials. Collected fees shall be used to offset expenditures for
costs of the publications, videos, workshops, conferences, and related
materials. The department shall not collect fees under this section that
exceed the cost of the expenditures.
Sec. 224. (1)
The department may accept monetary and nonmonetary gifts, bequests, donations,
contributions, or grants from any private or public source to support, in whole or in
part, a departmental function or program. The department shall expend or use
such gifts, bequests, donations, contributions, or grants for the purposes
designated by the private or public source, if the purpose is specified.
(2) Revenue collected by the
department under this section that is unexpended and unencumbered shall
not lapse to the general fund but shall be carried forward to the subsequent
fiscal year.
Sec. 225. (1) Federal revenues
authorized by and available from the federal government in excess of the
appropriations in part 1 are appropriated and may be received and expended by
the department for purposes authorized under state law and subject to federal
requirements.
(2) The department shall notify
the subcommittees and the senate and house fiscal agencies before expending
federal revenues received and appropriated under subsection (1).
(3) If
additional authorization is approved in the statewide integrated governmental
management application (SIGMA) by the state budget office under this section, the department
shall notify the subcommittees and the senate and house fiscal agencies within
10 days after the approval. The notification shall include the amount and
funding source of the additional authorization, the date of its approval, and
the projected use of funds to be expended.
Sec. 226. It is the intent of the
legislature that the department shall take all steps necessary to protect the
data and privacy of citizens who are not the focus of a departmental
investigation and to protect personal information from unauthorized access or
misuse. This includes, but is not limited to, requiring vendors or service
providers to protect data shared with them, ensuring that when personal data is
collected, but no longer utilized by the department, that reasonable steps be
taken to securely destroy records containing personal information when it is to
be discarded so that the information is rendered indecipherable and is not sold
for marketing or other purposes. In addition, the department shall provide
written notification to any data subject whose sensitive personal information
is accessed or acquired by an unauthorized person.
Sec. 227. The department shall
utilize attrition savings from the appropriations in part 1 to conduct an
attrition school during the 2019-2020 fiscal year that will graduate at least
70 new troopers.
Sec. 228. A law enforcement
officer or a motor carrier officer funded under part 1 shall not be required to
issue a predetermined or specified number of citations for violations of the
Michigan vehicle code, 1949 PA 300, MCL 257.1 to 257.923, or of local
ordinances substantially corresponding to provisions of the Michigan vehicle
code, 1949 PA 300, MCL 257.1 to 257.923, including parking or standing
violations. A law enforcement officer s or motor carrier officer s performance
evaluation system shall not require a predetermined or specified number of
citations to be issued.
LAW ENFORCEMENT SERVICES
Sec. 401. (1) The department shall
develop and deliver professional, innovative, and quality training that
supports the enforcement and public safety efforts of the criminal justice
community.
(2) The department shall provide
performance data, as provided under section 217 of this part, for average
classroom occupancy rate, with an annual goal of at least 55%.
(3) The department shall submit a
report to the subcommittees and the senate and house fiscal agencies within 60
days of the conclusion of any trooper, motor carrier, or state properties
security recruit school. The report shall include the following:
(a) The number of veterans and the
number of MCOLES-certified police officers who were admitted to and the number
who graduated from the recruit school.
(b) The total number of recruits
who were admitted to the school, the number of recruits who graduated from the
school, and the location at which each of these recruits is assigned.
(4) The department shall
distribute and review course evaluations to ensure that quality training is
provided.
Sec. 402. (1) In accordance with
applicable state and federal laws and regulations, the department shall
maintain and ensure compliance with CJIS databases and applications in the
support of public safety and law enforcement communities.
(2) The
department shall improve the accuracy, timeliness, and completeness of criminal
history information by conducting a minimum of 30 outreach activities targeted to criminal
justice agencies.
(3) The department shall provide
for the compilation of crime statistics consistent with the uniform crime
reporting (UCR) program and the national incident-based report system (NIBRS).
(4) The department shall provide
for the compilation and evaluation of traffic crash reports and the maintenance
of the state accident data collection system.
(5) The department shall make
individual traffic crash reports available for a fee of $10.00 per incident.
The department may also sell an extract of electronic traffic crash data for a
fee of $0.25 per incident, provided that the name, address, and any other
personal identifying information have been excluded.
(6) In accordance with applicable
state and federal laws and regulations, the department shall provide for the
maintenance and dissemination of criminal history records and juvenile records,
including to the extent necessary to exchange criminal history records
information with the Federal Bureau of Investigation and other states through
the interstate identification index, the National Crime Information Center, and
other federal CJIS databases and indices.
(7) In accordance with applicable
state and federal laws, the department shall provide for the maintenance of
records, including criminal history records regarding firearms licensure.
(8) The department shall provide a
report to the legislature on concealed pistol licensing not later than December
1, 2020 that includes all of the following:
(a) The department s actual
revenue received from fees paid for concealed pistol license (CPL) applications
for fiscal year 2019-2020 and the uses of that revenue.
(b) The
department s fiscal year 2019-2020 costs for administering its concealed pistol
licensing responsibilities under 1927 PA 372, MCL 28.421 to 28.435, but not including costs
related to the administration of other state statutes or requirements of
federal law.
(9) The department shall provide
information on the number of background checks processed through the internet
criminal history access tool (ICHAT), as provided in section 217 of this
part.
(10) The following unexpended and
unencumbered revenues deposited into the criminal justice information center
service fees shall not lapse to the general fund, but shall be carried forward
into the subsequent fiscal year:
(a) Fees for fingerprinting and
criminal record checks and name-based criminal record checks under 1935 PA 120,
MCL 28.271 to 28.274.
(b) Fees for application and
licensing for initial and renewal concealed pistol licenses under 1927 PA 372,
MCL 28.421 to 28.435.
(c) Fees for searching, copying,
and providing public records under the freedom of information act, 1976 PA 442,
MCL 15.231 to 15.246.
(d) Revenue from other sources,
including, but not limited to, investment and interest earnings.
(11) Unexpended and unencumbered
revenue generated by state records management system fees shall not lapse to
the general fund, but shall be carried forward into the subsequent fiscal year.
Sec. 403. (1) The department shall
provide forensic testing services to aid in criminal investigations.
(2) The department shall ensure
its ability to maintain accreditation by a federally designated accrediting
agency, as provided under 34 USC 12592.
(3) The department shall provide
forensic science services with an average turnaround time of 55 days, assuming
an annual caseload volume commensurate with that received in fiscal year
2012-2013, and shall achieve a goal of a 30-day average turnaround time across
all forensic science disciplines.
(4) The department shall provide
the following data as provided in section 217 of this part:
(a) The average turnaround time
for processing forensic evidence across all disciplines.
(b) Forensic laboratory staffing
levels, including scientists in training, and vacancies.
(c) The number of backlogged cases
in each discipline.
(5) The department shall provide
for the forensic testing and analysis/profiling of DNA evidence to aid criminal
investigations by law enforcement agencies in this state.
Sec. 404. (1) The biometrics and
identification division shall house and manage the automated fingerprint
identification system, the statewide network of agency photographs, and
combined offender DNA index system biometric databases.
(2) The
department shall provide data on the number of 10-print and palm-print
submissions to the database, with a goal of at least 97% of submissions provided electronically, as
provided in section 217 of this part.
(3) The department shall maintain
the staffing and resources necessary to have a 28-day average wait time for scheduling
a polygraph examination, assuming an annual caseload received commensurate with
fiscal year 2012-2013, with a goal of achieving a 15-day average wait time.
(4) If changes are made to the
department s protocol for retaining and purging DNA analysis samples and
records, the department shall post a copy of the protocol changes on the
department s website.
Sec. 405. Not later than December
1, the department shall submit a report to the subcommittees and senate and
house fiscal agencies that includes, but is not limited to, all of the
following information:
(a) Sexual assault kit analysis
backlog at the beginning of the prior fiscal year.
(b) The number of sexual assault
kits collected or submitted for analysis during the prior fiscal year.
(c) The number of sexual assault
kits analyzed and the number of associated DNA profiles created and uploaded
during the prior fiscal year.
(d) Sexual assault kit analysis
backlog at the ending of the prior fiscal year.
(e) The average turnaround time to
analyze sexual assault kits and to create and upload associated DNA profiles
for the prior fiscal year.
Sec. 406. The department shall
provide administrative support for the following grant and community service
programs:
(a) The operations of the
automobile theft prevention authority.
(b) Administration of the Edward
Byrne memorial justice assistance program and other grant programs, as well as
the department s community policing efforts.
(c) Administration of school
safety grants.
Sec. 407. Not later than March 30,
the office of school safety shall provide a school safety report to the
legislature and the house and senate fiscal agencies that must include the
following:
(a) The status of school safety
grants, if any, issued by the grants and community services unit or the office
of school safety, including grant amounts awarded to each school district for
school safety improvements. This information shall also be provided on a
biannual basis, as provided under section 217 of this part.
(b) Reports of incidents of school
violence or threats reported to the state police by local law enforcement or
local school districts, or received through the Michigan incident crime report
(MICR).
(c) Reports of OK2SAY-based
incidents and activities, as provided to the department of attorney general.
(d) Based
upon an evaluation of incidents of school safety and analysis of school safety
grants, recommendations on best practices and other safety measures to ensure school safety in
this state.
MICHIGAN COMMISSION ON LAW ENFORCEMENT STANDARDS
Sec. 501. (1)
MCOLES shall establish standards for the selection, employment, training,
education, licensing, and licensing revocation of all law enforcement officers and provide
the basic law enforcement training curriculum for law enforcement training
academy programs statewide.
(2) MCOLES shall maintain staffing
and resources necessary to update law enforcement standards within 120 days
of the enactment date of any new legislation.
FIELD SERVICES
Sec. 601. (1) Department enlisted
personnel who are employed to enforce traffic laws as provided in section 629e
of the Michigan vehicle code, 1949 PA 300, MCL 257.629e, are not
prohibited from responding to crimes in progress or other emergency situations
and are responsible for making every effort to protect all residents of this
state.
(2) The department shall maintain
the staffing and resources necessary to continually work to enhance traffic
safety throughout this state and shall dedicate a minimum of 455,200 hours to
statewide patrol, of which a minimum of 40,000 shall be committed to distressed
cities in this state. The department shall work to improve public safety efforts within distressed cities by enhancing
data analysis capabilities and identifying crime trends and areas with
high occurrence of crime.
(3) The department shall maintain
the staffing and resources necessary to annually conduct 7,000 residence checks
of registered sex offenders.
(4) The department shall submit a
report on or before April 15 to the subcommittees and senate and house fiscal
agencies regarding the secure cities partnership during the prior calendar
year.
Sec. 602. (1) The department shall
identify and apprehend criminals through criminal investigations in this state.
(2) The department shall maintain
the staffing and resources necessary to provide a comparable number of hours
investigating crimes as those performed in fiscal year 2012-2013.
(3) The department shall maintain
the staffing and resources necessary to annually meet or exceed a case
clearance rate of 62%.
(4) The department shall annually
provide 4 training opportunities to local law enforcement partners with the goal of increasing their knowledge of gambling
laws, trends, legal issues, and opioid-related investigations.
(5) The department shall maintain
the staffing and resources necessary to increase the number of opioid-related
investigations by 20% above the number of those investigations conducted in the
2014-2015 fiscal year by multijurisdictional task forces and hometown security
teams. The department shall work to enhance investigative and drug interdiction
efforts by enhancing data analysis capabilities and linking investigations
among multijurisdictional task forces and hometown security teams.
Sec. 603. (1) The department shall
provide protection to this state, its economy, welfare, and vital
state-sponsored programs through the prevention and suppression of organized
smuggling of untaxed tobacco products in this state, through enforcement of the
tobacco products tax act, 1993 PA 327, MCL 205.421 to 205.436, and other
laws pertaining to combating criminal activity in this state, and by
maintaining a tobacco tax enforcement unit.
(2) The department shall submit an
annual report on December 1 to the subcommittees, the senate and house
appropriations subcommittees on general government, the senate and house fiscal
agencies, and the state budget office that details expenditures and activities
related to tobacco tax enforcement for the prior fiscal year.
(3) The
tobacco tax enforcement unit shall dedicate a minimum of 16,600 hours to
tobacco tax enforcement.
Sec. 604. (1) The department shall
provide fire investigation training and investigative assistance to public
safety agencies in this state.
(2) The department shall maintain
the staffing and resources necessary to maintain readiness to respond
appropriately to at least the number of requests for fire investigation
services that occurred in fiscal year 2010-2011 and shall be available for call
out statewide 100% of the time.
SPECIALIZED SERVICES
Sec. 701. (1) The department shall
operate the Michigan intelligence operation center for homeland security as
this state s primary federally designated fusion center to receive, analyze,
gather, and disseminate threat-related information among federal, state, local,
tribal, and private sector partners.
(2) The department shall ensure
public safety by providing public and private sector partners with timely and
accurate information regarding critical information key resource threats as
reported to or discovered by the Michigan intelligence operations center for
homeland security and shall increase public awareness on how to report
suspicious activity through website or telephone communications.
(3) The department shall maintain
the staffing and resources necessary to support the cyber section, including
the Michigan cyber command center, the computer crimes unit, and the internet
crimes against children task force. The
department shall maintain the staffing and resources necessary to increase the
number of cases completed by the
computer crimes unit by 40% above the number of cases completed in the 2014‑2015
fiscal year. The unit shall pursue process improvement initiatives to
effectively utilize staff resources in providing investigatory assistance and
evidentiary analysis for law enforcement and criminal justice agencies
statewide. The department shall maintain the staffing and resources necessary
to increase the Michigan cyber command center casework by 25% above the level
of activity in the 2017-2018 fiscal year.
(4) The department shall maintain
the staffing and resources necessary to provide digital forensic analysis
services with a goal of decreasing backlogs of digital forensic analysis cases
annually until the department maintains a 60-day turnaround time.
Sec. 702. (1) The department shall
provide specialized services in support of, and to enhance, local, state, and
federal law enforcement operations within this state in accordance with all
applicable state and federal laws and regulations.
(2) The department shall maintain
the staffing and resources necessary to provide training to maintain readiness
to respond appropriately to at least the number of requests for specialty
services which occurred in fiscal year 2010-2011.
(3) The canine unit shall be
available for call out statewide 100% of the time.
(4) The bomb squad unit shall be
available for call out statewide 100% of the time.
(5) The emergency support teams
shall be available for call out statewide 100% of the time.
(6) The marine services team shall
be available for call out statewide 100% of the time.
(7) Aviation services shall be
available for call out statewide 100% of the time, unless prohibited by weather
or unexpected mechanical breakdowns.
(8) The department shall maintain
the staff and resources necessary to provide security services at the State
Capitol Complex facilities and the State Secondary Complex, as provided under section 6c
of 1935 PA 59, MCL 28.6c. The department shall also maintain the staff and
resources necessary to respond to emergencies at the State Capitol Complex,
State Secondary Complex, House Office Building, Binsfeld Office Building,
Capitol parking lot, Townsend Parking Ramp, Roosevelt Parking Ramp, and other
areas as directed. The department shall
maintain a goal of annually conducting 35,000 property inspections of state
owned and leased facilities.
Sec. 703. (1) The department shall
maintain commercial vehicle regulation, school bus inspections, and enforcement
activities, including enforcement of requirements concerning size, weight, and
load restrictions; operating authority;
registration; fuel taxes; transportation of hazardous materials; operations of
new entrants; and commercial driver s licenses.
(2) The department shall maintain
the staffing and resources necessary to meet inspection goals consistent with
the department s federal motor carrier assistance program activities.
(3) Revenue collected under the
motor carrier act, 1933 PA 254, MCL 475.1 to 479.42, shall be expended in
accordance with that act. Unexpended and unencumbered revenues shall not lapse
to the general fund but shall be carried forward into the subsequent fiscal
year.
(4) From the funds appropriated in
part 1 from interdepartmental grants, intradepartmental transfers, and federal
funds for commercial vehicle enforcement line items, there shall be established
a commercial vehicle enforcement operations reserve fund. Funds shall be
expended from the commercial vehicle enforcement operations reserve fund only after the commercial vehicle enforcement
division within the department provides sufficient evidence to the
subcommittees on the need for these funds for commercial vehicle enforcement
operations. Upon providing the evidence, the state budget director shall
request a legislative transfer of the funds from the commercial vehicle
enforcement operations reserve fund for the funding of commercial vehicle
enforcement line items.
Sec. 704. (1) The department shall
coordinate the mitigation, preparation, response, and recovery activities of municipal, county, state, and federal
governments, and other governmental entities, for all hazards, disasters,
and emergencies.
(2) The state director of
emergency management may expend money appropriated under part 1 to call upon
any agency or department of the state or any resource of the state to protect
life or property or to provide for the health or safety of the population in
any area of this state in which the governor proclaims a state of emergency or state of disaster under 1945 PA 302,
MCL 10.31 to 10.33, or under the emergency management act, 1976 PA 390,
MCL 30.401 to 30.421. The state director of emergency management may expend the
amounts the director considers necessary to accomplish these purposes. The
director shall submit to the state budget director, as soon as possible, a
complete report of all actions taken under the authority of this section. The
report shall contain, as a separate item, a statement of all money expended
that is not reimbursable from federal funding. The state budget director shall
review the expenditures and submit recommendations to the legislature in regard
to any possible need for a supplemental appropriation.
(3) In addition to the funds
appropriated in part 1, the department may receive and expend money from local,
private, federal, or state sources for the purpose of providing emergency
management training to local or private
interests and for the purpose of supporting emergency preparedness, response,
recovery, and mitigation activity. If
additional expenditure authorization in the statewide integrated governmental
management application (SIGMA) is approved by the state budget office
under this section, the department and the state budget office shall notify the
subcommittees and the senate and house fiscal agencies within 10 days after the
approval. The notification shall include the amount and source of the
additional authorization, the date of its approval, and the projected use of
funds to be expended under the authorization.
(4) The department shall foster,
promote, and maintain partnerships to protect this state and homeland from all
hazards.
(5) The department shall maintain
the staffing and resources necessary to do all of the following:
(a) Serve approximately 105 local
emergency management preparedness programs and 88 local emergency planning
committees in this state.
(b) Operate and maintain the state s
emergency operations center and provide command and control in support of
emergency response services.
(c) Maintain readiness, including
training and equipment to respond to civil disorders and natural disasters
commensurate with the capabilities of fiscal year 2010-2011.
(d) Perform hazardous materials
response training.
(6) The department shall conduct a
minimum of 3 training sessions to enhance safe response in the event of natural
or manmade incidents, emergencies, or disasters.
(7) In addition to the funds
appropriated in part 1, there is appropriated from the disaster and emergency
contingency fund an amount necessary to cover costs related to any disaster or
emergency as defined in the emergency management act, 1976 PA 390, MCL
30.401 to 30.421. Funds shall be expended as provided under sections 18 and 19
of the emergency management act, 1976 PA 390, MCL 30.418 and 30.419, and R 30.51
to R 30.61 of the Michigan Administrative Code.
(8) Funds in the disaster and
emergency contingency fund shall not be expended unless the state budget
director approves the expenditure and the department and the state budget
office notify the senate and house appropriations committees. If expenditures are made from the disaster and emergency contingency
fund during a month, the department shall submit monthly reports to the senate
and house fiscal agencies detailing the purpose of the expenditures. These
monthly reports shall be submitted within 30 days after the end of the month
during which funds from the disaster and emergency contingency fund were
expended.
(9) Upon the
declaration of a state of emergency or disaster by the governor under section 3
of the emergency management act, 1976 PA 390, MCL 30.403, approval of the state
budget director, and notification of the subcommittees and senate and house
fiscal agencies, the director may expend funds appropriated from any source to
any line item within part 1 for the purpose of paying the necessary and
reasonable expenses incurred by the department in responding to or mitigating
the effects of any emergency or disaster as those terms are defined in section 2
of the emergency management act, 1976 PA 390, MCL 30.402.
(10) The department shall track
and report on a biannual basis, as provided in section 217 of this part,
the status of the department s assessment of critical infrastructure vulnerabilities,
including the protection status of critical infrastructure items identified by
the assessment.
Sec. 705. The department shall
provide for the planning, administration, and implementation of highway traffic
safety programs to save lives and reduce injuries on roads in this state, in
partnership with other public and private organizations.
Sec. 706. (1) Funds appropriated
in part 1 for the secondary road patrol program shall be used to provide grants to sheriffs under the secondary road patrol
program described under section 76 of 1846 RS 14, MCL 51.76.
(2) Not later than January 31,
2020, the office of highway safety planning shall work with the state court
administrator to issue a report to the department and the subcommittees on the
following data from the previous calendar year:
(a) The total number of traffic
civil infractions written under both state and local ordinances for which the
$40.00 justice system assessment is to be assessed.
(b) Of the total number reported
under subdivision (a), the number of traffic civil infractions written under
both state and local ordinances that the court assessed and ordered payment of
the justice system assessment.
(c) Of the number reported under
subdivision (b), the number of traffic civil infractions for which the justice
system assessment was collected and distributed to the justice system fund
created in section 181 of the revised judicature act of 1961, 1961 PA 236,
MCL 600.181.
(d) The number of citations,
misdemeanors, and felonies written under both state and local ordinances
corresponding to a law of this state for a violation of each of the following:
(i) Section 617a of the Michigan vehicle code, 1949 PA 300, MCL
257.617a.
(ii) Section 618 of the Michigan vehicle code, 1949 PA 300, MCL
257.618.
(iii) Section 625(1) of the Michigan vehicle code, 1949 PA 300,
MCL 257.625.
(iv) Section 625(8) of the Michigan vehicle code, 1949 PA 300,
MCL 257.625.
(v) Section 626 of the Michigan vehicle code, 1949 PA 300, MCL
257.626.
(vi) Section 676b of the Michigan vehicle code, 1949 PA 300,
MCL 257.676b.
(vii) Section 904 of the Michigan vehicle code, 1949 PA 300,
MCL 257.904.
(3) The
sheriffs duties under the secondary road patrol program, as outlined in section 76(2)
of 1846 RS 14, MCL 51.76, are to patrol and monitor traffic violations; to enforce the
criminal laws of this state, violations of
which are observed by or brought to the attention of the sheriff s department
while patrolling and monitoring secondary roads; to investigate
accidents involving motor vehicles; and to provide emergency assistance to
persons on or near a highway or road the sheriff is patrolling and monitoring.
ONE-TIME APPROPRIATIONS
Sec. 801. (1) Except as otherwise
provided in this section, funds appropriated in part 1 for sexual assault
prevention and education initiative shall be used to provide and administer
grants to public or nonpublic community colleges, colleges, universities, and
high schools with a physical presence in this state to address campus sexual
assault issues in order to improve the safety and security of students,
faculty, and staff in campus environments in this state.
(2) Grant funds awarded shall
support sexual assault programs, including education, awareness, prevention,
reporting, bystander intervention programs, peer advocacy groups, and student
organizations dedicated to campus sexual assault prevention and other actions
covered by title IX protections.
(3) The
department shall award grants no later than February 15, 2020, with a grant
period of 1 year. Any of the funds appropriated in part 1 for sexual assault
prevention and education initiative that are not awarded by February 15, 2020
may be utilized to support other initiatives or programs through the office of
school safety.
PART 2A
PROVISIONS CONCERNING ANTICIPATED APPROPRIATIONS
FOR FISCAL YEAR 2020-2021
GENERAL SECTIONS
Sec. 1001. It
is the intent of the legislature to provide appropriations for the fiscal year
ending on September 30, 2021 for the line items listed in part 1. The
fiscal year 2020-2021 appropriations are anticipated to be the same as those
for fiscal year 2019-2020, excluding appropriations designated as one-time
appropriations and adjusting for changes in caseload and related costs, federal
fund match rates, economic factors, and available revenue. These adjustments will be determined after the January 2020
consensus revenue estimating conference.
Third: That the Senate and House
agree to the title of the bill to read as follows:
A bill to make appropriations for
the department of state police for the fiscal year ending September 30, 2020;
and to provide for the expenditure of the appropriations.
Tom
Barrett
Jim
Stamas
Conferees
for the Senate
Aaron
Miller
Greg
VanWoerkom
Conferees
for the House
The
question being on the adoption of the conference report,
Roll Call No. 242 Yeas 73
Afendoulis Filler LaFave Shannon
Albert Frederick Leutheuser Sheppard
Alexander Glenn Lightner Slagh
Allor Green Lilly Sneller
Bellino Griffin Lower Sowerby
Berman Hall Maddock Tate
Bollin Hauck Marino VanSingel
Brann Hernandez Markkanen VanWoerkom
Byrd Hoitenga Meerman Vaupel
Calley Hood Miller Wakeman
Cambensy Hornberger Mueller Webber
Chatfield Howell Neeley Wendzel
Cherry Huizenga O Malley Wentworth
Chirkun Iden Paquette Whiteford
Cole Inman Peterson Whitsett
Coleman Johnson, S. Reilly Witwer
Crawford Kahle Rendon Wozniak
Eisen Kennedy Schroeder Yaroch
Farrington
Nays 36
Anthony Garza Johnson, C. Pagan
Bolden Gay-Dagnogo Jones Pohutsky
Brixie Greig Koleszar Rabhi
Camilleri Guerra Kuppa Robinson
Carter,
T. Haadsma LaGrand Sabo
Clemente Hammoud Lasinski Stone
Elder Hertel Liberati Warren
Ellison Hoadley Love Wittenberg
Garrett Hope Manoogian Yancey
In The Chair: Wentworth
Rep.
Cole moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Senate
Bill No. 141, entitled
A bill to make appropriations for
the department of insurance and financial services for the fiscal year ending
September 30, 2020; and to provide for the expenditure of the appropriations.
The Senate has adopted the report
of the Committee of Conference and ordered that the bill be given immediate
effect.
The Conference Report was read as
follows:
First Conference Report
The Committee of Conference on the
matters of difference between the two Houses concerning
Senate
Bill No. 141, entitled
A bill to make appropriations for
the department of insurance and financial services for the fiscal year ending
September 30, 2020; and to provide for the expenditure of the appropriations.
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:
A bill to make appropriations for
the department of insurance and financial services for the fiscal year ending
September 30, 2020; and to provide for the expenditure of the appropriations.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
PART 1
LINE-ITEM APPROPRIATIONS
Sec. 101. There is appropriated
for the department of insurance and financial services for the fiscal year
ending September 30, 2020, from the following funds:
DEPARTMENT OF INSURANCE AND FINANCIAL SERVICES
APPROPRIATION SUMMARY
Full-time equated unclassified
positions......................................................... 6.0
Full-time equated classified
positions........................................................ 346.5
GROSS APPROPRIATION............................................................................... $ 68,889,800
Interdepartmental grant revenues:
Total interdepartmental grants and
intradepartmental transfers................................ 723,100
ADJUSTED GROSS APPROPRIATION............................................................ $ 68,166,700
Federal revenues:
Total federal revenues........................................................................................ 1,017,600
Special revenue funds:
Total other state restricted
revenues..................................................................... 66,999,100
State general fund/general purpose...................................................................... $ 150,000
Sec. 102. DEPARTMENTAL
ADMINISTRATION AND SUPPORT
Full-time equated unclassified
positions......................................................... 6.0
Full-time equated classified
positions.......................................................... 22.5
Unclassified salaries 6.0 FTE
positions.............................................................. $ 816,200
Administrative hearings..................................................................................... 182,500
Department services 19.0 FTE
positions............................................................ 3,823,300
Executive director programs 3.5
FTE positions.................................................. 1,091,900
Property management........................................................................................ 1,283,500
Worker s compensation...................................................................................... 2,900
GROSS APPROPRIATION............................................................................... $ 7,200,300
Appropriated from:
Special revenue funds:
Bank fees.......................................................................................................... 523,600
Captive insurance regulatory and
supervision fund................................................ 3,000
Consumer finance fees....................................................................................... 207,700
Credit union fees............................................................................................... 877,100
Deferred presentment service
transaction fees....................................................... 279,000
Insurance bureau fund........................................................................................ 2,487,900
Insurance continuing education
fees..................................................................... 65,700
Insurance licensing and regulation
fees................................................................ 1,934,700
MBLSLA fund.................................................................................................. 670,300
Multiple employer welfare
arrangement............................................................... 1,300
State general fund/general purpose...................................................................... $ 150,000
Sec. 103. INSURANCE AND FINANCIAL
SERVICES REGULATION
Full-time equated classified
positions........................................................ 324.0
Consumer services and protection 70.0
FTE positions......................................... $ 9,402,600
Financial institutions evaluation 133.0
FTE positions.......................................... 24,993,600
Insurance evaluation 121.0 FTE
positions.......................................................... 25,017,300
GROSS APPROPRIATION............................................................................... $ 59,413,500
Appropriated from:
Interdepartmental grant revenues:
IDG - LARA, for debt management..................................................................... 723,100
Federal revenues:
Federal revenues................................................................................................ 1,017,600
[Please see the PDF version of this journal, if available, to view this image.]
Special revenue funds:
Bank fees.......................................................................................................... 5,811,100
Captive insurance regulatory and
supervision fund................................................ 491,200
Consumer finance fees....................................................................................... 2,870,200
Credit union fees............................................................................................... 8,986,000
Deferred presentment service
transaction fees....................................................... 2,432,900
Insurance bureau fund........................................................................................ 21,290,100
Insurance continuing education
fees..................................................................... 863,700
Insurance licensing and regulation
fees................................................................ 7,958,500
MBLSLA fund.................................................................................................. 6,481,900
Multiple employer welfare
arrangement............................................................... 487,200
State general fund/general purpose...................................................................... $ 0
Sec. 104. INFORMATION TECHNOLOGY
Information technology services
and projects........................................................ $ 2,276,000
GROSS APPROPRIATION............................................................................... $ 2,276,000
Appropriated from:
Special revenue funds:
Bank fees.......................................................................................................... 227,900
Consumer finance fees....................................................................................... 94,000
Credit union fees............................................................................................... 373,100
Deferred presentment service
transaction fees....................................................... 114,500
Insurance bureau fund........................................................................................ 445,400
Insurance continuing education
fees..................................................................... 23,000
Insurance licensing and regulation
fees................................................................ 735,400
MBLSLA fund.................................................................................................. 262,700
State general fund/general purpose...................................................................... $ 0
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
FOR FISCAL YEAR 2019-2020
GENERAL SECTIONS
Sec. 201. Pursuant to section 30
of article IX of the state constitution of 1963, total state spending from
state sources under part 1 for fiscal year 2019-2020 is $67,149,100.00 and
state spending from state sources to be paid to local units of government for
fiscal year 2019-2020 is $0.
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 insurance and financial services.
(b) Director means the director
of the department.
(c) FTE means full-time equated.
(d) IDG means interdepartmental
grant.
(e) LARA means the department of
licensing and regulatory affairs.
(f) MBLSLA fund means the
restricted account established under section 8 of the mortgage brokers,
lenders, and servicers licensing act, 1987 PA 173, MCL 445.1658.
(g) Subcommittees means the
subcommittees of the house of representatives and senate appropriations
committees with jurisdiction over the budget for the department.
Sec. 204. The department and
agencies receiving appropriations in this part and 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. 205. Funds appropriated in
this part and part 1 must not be used for the purchase of foreign goods or
services, or both, if competitively priced and of comparable quality American
goods or services, or both, are available. Preference must be given to goods or
services, or both, manufactured or provided by Michigan businesses, if they are
competitively priced and of comparable quality. In addition, preference must be
given to goods or services, or both, that are manufactured or provided by
Michigan businesses owned and operated by veterans, if they are competitively
priced and of comparable quality.
Sec. 206. The director shall take
all reasonable steps to ensure businesses in deprived and depressed communities
compete for and perform contracts to provide services or supplies, or both. The
director shall strongly encourage firms with which the department contracts to
subcontract with certified businesses in depressed and deprived communities for
services, supplies, or both.
Sec. 207. (1) Out-of-state travel
must be limited to situations where the travel is approved by a departmental
employee s immediate supervisor and in which 1 or more of the following
conditions apply:
(a) The travel is required by
legal mandate or court order or for law enforcement purposes.
(b) The travel is necessary to
protect the health or safety of Michigan citizens or visitors or to assist
other states in similar circumstances.
(c) The travel is necessary to
produce budgetary savings or to increase state revenues, including protecting
existing federal funds or securing additional federal funds.
(d) The travel is necessary to comply
with federal requirements.
(e) The travel is necessary to
secure specialized training for staff that is not available within this state.
(f) The travel is financed
entirely by federal or nonstate funds.
(2) The department shall not
approve the travel of more than 1 departmental employee to a specific professional development conference or training
seminar that is located outside of this state unless a professional
development conference or training seminar is funded by a federal or private
funding source and requires more than 1 individual from the department to
attend, or the conference or training seminar includes multiple issues in which
1 employee from the department does not have expertise.
(3) Not later than January 1, the department
shall prepare a travel report listing 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 department shall submit the report to the senate and house of
representatives standing committees on appropriations, the senate and house
fiscal agencies, and the state budget director. The report must include all of
the following information:
(a) The name of each person
receiving reimbursement for travel outside this state or whose travel costs
were paid by this state.
(b) The destination of each travel
occurrence.
(c) The dates of each travel
occurrence.
(d) A brief statement of the
reason for each travel occurrence.
(e) 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.
(f) A total of all out-of-state
travel funded for the immediately preceding fiscal year.
Sec. 208. Funds appropriated in
this part and part 1 must not be used by a principal executive department,
state agency, or authority to hire a person to provide legal services that are
the responsibility of the attorney general. This prohibition does not apply to
legal services for bonding activities and for those outside services that the
attorney general authorizes.
Sec. 209. Not later than November
30, the state budget office shall prepare and transmit a report that provides
for estimates of the total general fund/general purpose appropriation lapses at
the close of the prior fiscal year. This report must summarize the projected
year-end general fund/general purpose appropriation lapses by major
departmental program or program areas. The state budget office shall transmit
the report to the chairpersons of the senate and house of representatives appropriations
committees and the senate and house fiscal agencies.
Sec. 210. (1) In addition to the
funds appropriated in part 1, there is appropriated an amount not to exceed
$200,000.00 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 $1,000,000.00
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.
Sec. 211. The department shall
cooperate with the department of technology, management, and budget to maintain
a searchable website accessible by the public at no cost that includes, but is
not limited to, all of the following for the department or each agency:
(a) Fiscal-year-to-date
expenditures by category.
(b) Fiscal-year-to-date
expenditures by appropriation unit.
(c) Fiscal-year-to-date payments
to a selected vendor, including the vendor name, payment date, payment amount,
and payment description.
(d) The number of active
department employees by job classification.
(e) Job specifications and wage
rates.
Sec. 212. Within 14 days after the
release of the executive budget recommendation, the department shall cooperate
with the state budget office to provide the senate and house of representatives
appropriations committee chairs, the senate and house appropriations
subcommittees chairs, and the senate and house fiscal agencies with an annual
report on estimated state restricted fund balances, state restricted fund
projected revenues, and state restricted
fund expenditures for the fiscal years ending September 30, 2019 and September 30,
2020.
Sec. 213. The department shall
maintain, on a publicly accessible website, a department scorecard that
identifies, tracks, and regularly updates key metrics that are used to monitor
and improve the department s performance.
Sec. 214. Total authorized
appropriations from all sources under part 1 for legacy costs for the fiscal
year ending September 30, 2020 are estimated at $9,068,100.00. From this
amount, total agency appropriations for pension-related legacy costs are
estimated at $4,408,200.00. Total agency appropriations for retiree health care
legacy costs are estimated at $4,659,900.00.
Sec. 215. Unless prohibited by
law, the department may accept credit card or other electronic means of payment
for licenses, fees, or permits.
Sec. 216. The department shall
not take disciplinary action against an employee for communicating with a
member of the legislature or his or her staff.
Sec. 217. The department shall
not use any of the funds appropriated in this part or part 1 to contract with a
third-party vendor to develop or produce a television or radio production.
Sec. 218. The department, in
conjunction with the department of health and human services, shall maintain an
accounting structure within this state s accounting system that will allow
expenditures associated with the administration of the Healthy Michigan plan to
be identified.
Sec. 219. The amount
appropriated from the general fund in part 1 for executive director programs
may only be expended to comply with reporting requirements regarding the
Healthy Michigan plan under section 105d(9) of the social welfare act,
1939 PA 280, MCL 400.105d.
Sec. 220. From the funds
appropriated in part 1 from the insurance bureau fund, funds may be expended to support legislative participation in insurance
activities coordinated by insurance and legislative associations, in
accordance with section 225 of the insurance code of 1956, 1956 PA 218,
MCL 500.225.
INSURANCE AND FINANCIAL SERVICES REGULATION
Sec. 301. The department shall
provide a report to the subcommittees, the senate and house fiscal agencies,
and the state budget director by September 30 based on the annual rate filings
from health insurance issuers that includes all of the following:
(a) The number that are approved
by the department.
(b) The number that are denied
by the department.
(c) The percentage of rate
filings processed within the applicable statutory time frames.
(d) The average number of
calendar days to process rate filings.
Sec. 302. In addition to the
funds appropriated in part 1, the funds collected by the department in
connection with a conservatorship under section 32 of the mortgage
brokers, lenders, and servicers licensing act, 1987 PA 173,
Sec. 303. The department may
make available to interested entities customized listings of nonconfidential
information in its possession. The department may establish and collect a
reasonable charge to provide this service. The revenue from this service is
appropriated when received and must be used to offset expenses to provide the
service. Any balance of this revenue collected and unexpended at the end of the
fiscal year must lapse to the appropriate restricted fund.
Sec. 304. From the funds
appropriated in part 1, the department shall conduct a study to determine the
feasibility of an auto insurance marketplace including, but not limited to, the
ability to allow consumers to compare insurance rates, discounts, and features
from different insurance producers.
Sec. 305. The department shall
provide a report to the subcommittees, the senate and house fiscal agencies,
and the state budget director by September 30 providing a total calculation of
cost savings that the anti-fraud unit within the department has achieved for this
state and consumers throughout the fiscal year. If the necessary data is
available, the report must include an itemized listing and description of cost
savings that the anti-fraud unit has achieved. Any itemization must also state
which of the following industries the applicable savings were achieved in:
(a) Financial services.
(b) Auto insurance.
(c) Health insurance.
(d) Life insurance.
(e) Any other category of
insurance.
Sec. 306. The department must
produce a report and transmit the report to the subcommittees, senate and house
fiscal agencies, and state budget director by December 31. The report must
include all of the following information for the prior fiscal year:
(a) The number of complaints
received by the office of consumer services, with number of complaints
specified for auto insurers, health insurers, life insurers, other types of
insurers, banks, credit unions, deferred presentment service providers,
mortgage loan originators, and other consumer finance license types.
(b) A description of the process
that the office of consumer services uses to resolve complaints.
(c) A description of the types of
complaints received by the office of consumer services pertaining to auto
insurers, with counts of the number of complaints of that type received.
(d) The
number of investigations that the office of consumer services initiated and the
number of investigations that the office closed.
(e) The number of recoveries that
the office of consumer services secured and the total value of those recoveries.
(f) The number and type of
enforcement actions taken against licensees as a result of complaints received
by the office of consumer services.
(g) A description of the staffing
level and staff responsibilities in the office of consumer services.
Sec. 307. Not later than January
1, 2020, from the funds appropriated in part 1, the department shall draft and
issue an examination manual and letter of guidance to state-charted financial
institutions that choose to provide banking or other financial services to
marihuana-related businesses or that otherwise handle funds pertaining to the
transport, testing, growth, processing, or sale of marihuana.
Third: That the Senate and House
agree to the title of the bill to read as follows:
A bill to make appropriations for
the department of insurance and financial services for the fiscal year ending
September 30, 2020; and to provide for the expenditure of the appropriations.
Aric
Nesbitt
Jim
Stamas
Conferees
for the Senate
Jeff
Yaroch
Annette
Glenn
Conferees
for the House
The
question being on the adoption of the conference report,
Roll Call No. 243 Yeas 58
Afendoulis Frederick LaFave Rendon
Albert Glenn Leutheuser Schroeder
Alexander Green Lightner Sheppard
Allor Griffin Lilly Slagh
Bellino Hall Lower VanSingel
Berman Hauck Maddock VanWoerkom
Bollin Hernandez Marino Vaupel
Brann Hoitenga Markkanen Wakeman
Calley Hornberger Meerman Webber
Chatfield Howell Miller Wendzel
Cole Huizenga Mueller Wentworth
Crawford Iden O Malley Whiteford
Eisen Inman Paquette Wozniak
Farrington Johnson, S. Reilly Yaroch
Filler Kahle
Nays 51
Anthony Garrett Kennedy Robinson
Bolden Garza Koleszar Sabo
Brixie Gay-Dagnogo Kuppa Shannon
Byrd Greig LaGrand Sneller
Cambensy Guerra Lasinski Sowerby
Camilleri Haadsma Liberati Stone
Carter,
T. Hammoud Love Tate
Cherry Hertel Manoogian Warren
Chirkun Hoadley Neeley Whitsett
Clemente Hood Pagan Wittenberg
Coleman Hope Peterson Witwer
Elder Johnson, C. Pohutsky Yancey
Ellison Jones Rabhi
In The Chair: Wentworth
Rep.
Cole moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Senate
Bill No. 144, entitled
A bill to make appropriations for
the department of military and veterans affairs for the fiscal year ending
September 30, 2020; and to provide for the expenditure of the appropriations.
The Senate has adopted the report
of the Committee of Conference and ordered that the bill be given immediate
effect.
The Conference Report was read as
follows:
First Conference Report
The Committee of Conference on the
matters of difference between the two Houses concerning
Senate
Bill No. 144, entitled
A bill to make appropriations for
the department of military and veterans affairs for the fiscal year ending
September 30, 2020; and to provide for the expenditure of the appropriations.
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:
A bill to make appropriations for
the department of military and veterans affairs for the fiscal year ending
September 30, 2020; and to provide for the expenditure of the appropriations.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
PART 1
LINE-ITEM APPROPRIATIONS
Sec. 101. There is appropriated
for the department of military and veterans affairs for the fiscal year ending
September 30, 2020, from the following funds:
DEPARTMENT OF MILITARY AND VETERANS AFFAIRS
APPROPRIATION SUMMARY
Full-time equated unclassified
positions......................................................... 9.0
Full-time equated classified
positions........................................................ 924.5
GROSS APPROPRIATION............................................................................... $ 204,617,600
Interdepartmental grant revenues:
IDG from department of state
police.................................................................... 101,800
Total interdepartmental grants and
intradepartmental transfers................................ 101,800
ADJUSTED GROSS APPROPRIATION............................................................ $ 204,515,800
Federal revenues:
Other federal revenues....................................................................................... 106,177,200
Total federal revenues........................................................................................ 106,177,200
Special revenue funds:
Total local revenues........................................................................................... 0
[Please see the PDF version of this journal, if available, to view this image.]
Private revenues................................................................................................ 630,000
Total private revenues........................................................................................ 630,000
Other state restricted revenues............................................................................. 23,908,600
Total other state restricted
revenues..................................................................... 23,908,600
State general fund/general purpose...................................................................... $ 73,800,000
State general fund/general
purpose schedule:
Ongoing state general fund/general
purpose....................................... 73,184,900
One-time state general
fund/general purpose........................................... 615,100
Sec. 102. MILITARY
Full-time equated unclassified
positions......................................................... 9.0
Full-time equated classified
positions........................................................ 353.0
Unclassified salaries 9.0 FTE
positions.............................................................. $ 1,558,300
Departmentwide................................................................................................ 1,761,900
Headquarters and armories 86.0 FTE
positions................................................... 20,688,500
Michigan youth challeNGe academy 50.0
FTE positions..................................... 7,580,900
Military family relief fund.................................................................................. 600,000
Military retirement............................................................................................. 1,000,000
Military training sites and
support facilities 215.0 FTE
positions.......................... 36,590,300
National Guard operations.................................................................................. 398,200
National Guard tuition assistance
fund 2.0 FTE positions.................................... 6,509,900
Starbase grant................................................................................................... 2,322,000
GROSS APPROPRIATION............................................................................... $ 79,010,000
Appropriated from:
Interdepartmental grant revenues:
IDG from department of state
police.................................................................... 101,800
Federal revenues:
Other federal revenues....................................................................................... 53,577,700
Special revenue funds:
Private revenues................................................................................................ 90,000
Other state restricted revenues............................................................................. 2,434,900
State general fund/general purpose...................................................................... $ 22,805,600
Sec. 103. MICHIGAN VETERANS
AFFAIRS AGENCY
Full-time equated classified
positions........................................................ 253.0
Board of managers (veterans homes)................................................................... $ 940,000
County veteran service fund................................................................................ 4,000,000
D.J. Jacobetti home for veterans 205.0
FTE positions......................................... 24,918,600
Michigan veterans affairs agency administration 39.0 FTE positions.................... 7,191,600
Michigan veterans facility
authority 3.0 FTE positions........................................ 1,276,900
Veterans trust fund administration 6.0
FTE positions.......................................... 1,488,300
Veterans trust fund grants................................................................................... 3,746,500
Veterans service grants....................................................................................... 3,835,500
GROSS APPROPRIATION............................................................................... $ 47,397,400
Appropriated from:
Federal revenues:
Other federal revenues....................................................................................... 10,447,800
Special revenue funds:
Private revenues................................................................................................ 540,000
Other state restricted revenues............................................................................. 10,947,700
State general fund/general purpose...................................................................... $ 25,461,900
Sec. 104. GRAND RAPIDS HOME FOR
VETERANS
Full-time equated classified
positions........................................................ 318.5
Veterans home operations................................................................................... $ 9,038,900
Purchased services............................................................................................. 10,340,000
Salaries, wages, and fringe
benefits 318.5 FTE positions..................................... 31,885,400
GROSS APPROPRIATION............................................................................... $ 51,264,300
Appropriated from:
Federal revenues:
Other federal revenues....................................................................................... 21,565,000
[Please see the PDF version of this journal, if available, to view this image.]
Special revenue funds:
Other state restricted revenues............................................................................. 6,800,900
State general fund/general purpose...................................................................... $ 22,898,400
Sec. 105. CAPITAL OUTLAY
Land and acquisitions......................................................................................... $ 3,300,000
Special maintenance - National
Guard................................................................. 20,000,000
Special maintenance - veterans
homes................................................................. 500,000
Armory maintenance.......................................................................................... 1,000,000
GROSS APPROPRIATION............................................................................... $ 24,800,000
Appropriated from:
Federal revenues:
Other federal revenues....................................................................................... 20,000,000
Special revenue funds:
Other state restricted revenues............................................................................. 3,300,000
State general fund/general purpose...................................................................... $ 1,500,000
Sec. 106. INFORMATION TECHNOLOGY
Information technology services
and projects........................................................ $ 1,530,800
GROSS APPROPRIATION............................................................................... $ 1,530,800
Appropriated from:
Federal revenues:
Other federal revenues....................................................................................... 586,700
Special revenue funds:
Other state restricted revenues............................................................................. 425,100
State general fund/general purpose...................................................................... $ 519,000
Sec. 107. ONE-TIME APPROPRIATIONS
Armory maintenance.......................................................................................... $ 65,100
Buddy-to-buddy program................................................................................... 250,000
Uniform update................................................................................................. 50,000
Veterans benefit eligibility study......................................................................... 250,000
GROSS APPROPRIATION............................................................................... $ 615,100
Appropriated from:
State general fund/general purpose...................................................................... $ 615,100
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
FOR FISCAL YEAR 2019-2020
GENERAL SECTIONS
Sec. 201. Pursuant to section 30
of article IX of the state constitution of 1963, total state spending from
state sources under part 1 for fiscal year 2019-2020 is $97,708,600.00 and
state spending from state sources to be paid to local units of government for
the fiscal year ending September 30, 2020 is $4,315,000.00. The itemized
statement below identifies appropriations from which spending to local units of
government will occur:
DEPARTMENT OF MILITARY
County veteran service fund................................................................................ $ 4,000,000
Michigan veterans affairs agency
administration................................................... 90,000
Military training sites and
support facilities.......................................................... 225,000
TOTAL............................................................................................................ $ 4,315,000
Sec. 202. The
appropriations made and expenditures authorized under this part and part 1 and
the departments, commissions, boards, offices, and programs for which appropriations are
made under this part and part 1 are subject to the management and budget act,
1984 PA 431,
Sec. 203. As used in this part and
part 1:
(a) Core services means that
term as defined in section 373 of the management and budget act, 1984 PA 431,
MCL 18.1373.
(b) Department means the
department of military and veterans affairs.
(c) Director means the director
of the department.
(d) FTE means full-time equated.
(e) HVAC means heating,
ventilation, and air conditioning.
(f) IDG means interdepartmental
grant.
(g) Michigan veterans facility
authority means the authority created under section 3 of the Michigan
veterans facility authority act, 2016 PA 560, MCL 36.103.
(h) MVAA means the Michigan
veterans affairs agency.
(i) Subcommittees means the
subcommittees of the senate and house appropriations committees with
jurisdiction over the budget of the department.
(j) Support services means an
activity, such as information technology, accounting, human resources, legal,
and other support functions that are required to support the ongoing delivery
of core services.
(k) USDVA means the United
States Department of Veterans Affairs.
(l) USDVA-VHA means the USDVA Veterans Health Administration.
(m) VSO means veterans service
organization.
(n) Work project means that term
as defined in section 404 of the management and budget act, 1984 PA 431,
MCL 18.1404, and that meets the criteria in section 451a(1) of the
management and budget act, 1984 PA 431, MCL 18.1451a.
Sec. 204. The department 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. 205. Funds appropriated in
part 1 shall not be used for the purchase of foreign goods or services, or
both, if competitively priced and of comparable quality American goods or
services, or both, are available. Preference must be given to goods or
services, or both, manufactured or provided by Michigan businesses, if they are
competitively priced and of comparable quality. In addition, preference shall
be given to goods or services, or both, that are manufactured or provided by
Michigan businesses owned and operated by veterans, if they are competitively
priced and of comparable quality.
Sec. 206. The director shall take
all reasonable steps to ensure businesses in deprived and depressed communities
compete for and perform contracts to provide services or supplies, or both. The
director shall strongly encourage firms with which the department contracts to
subcontract with certified businesses in depressed and deprived communities for
services or supplies, or both.
Sec. 207. 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 department and agencies shall submit the report to the
senate and house appropriations committees, the house and senate fiscal
agencies, and the state budget director. The report shall include the following
information:
(a) The dates of each travel
occurrence.
(b) The transportation and related
costs of each travel occurrence, including the proportion funded with state
general fund/general purpose revenues, the proportion funded with state
restricted revenues, the proportion funded with federal revenues, and the
proportion funded with other revenues.
Sec. 208. Funds appropriated in
part 1 shall not be used by a principal executive department, state agency, or
authority to hire a person to provide legal services that are the
responsibility of the attorney general. This prohibition does not apply to
legal services for bonding activities and for those outside services that the
attorney general authorizes.
Sec. 209. Not later than November
30, the state budget office shall prepare and transmit a report that provides
for estimates of the total general fund/general purpose appropriation lapses at
the close of the prior fiscal year. This report shall summarize the projected
year-end general fund/general purpose appropriation lapses by major
departmental program or program areas. The report shall be transmitted to the
chairpersons of the senate and house appropriations committees, the
subcommittees, and the senate and house fiscal agencies.
Sec. 210. (1) In addition to the
funds appropriated in part 1, there is appropriated an amount not to exceed
$8,600,000.00 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
$1,100,000.00 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 $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. 211. The department shall cooperate
with the department of technology, management and budget to maintain a
searchable website accessible by the public at no cost that includes, but is
not limited to, all of the following:
(a) Fiscal year-to-date
expenditures by category.
(b) Fiscal year-to-date
expenditures by appropriation unit.
(c) Fiscal year-to-date payments
to a selected vendor, including the vendor name, payment date, payment amount,
and payment description.
(d) The number of active
department employees by job classification.
(e) Job specifications and wage
rates.
Sec. 212. Within 14 days after
the release of the executive budget recommendation, the department shall
cooperate with the state budget office to provide the senate and house
appropriations chairs, the senate and house appropriations subcommittees
chairs, and the senate and house fiscal agencies with an annual report on
estimated state restricted fund balances, state restricted fund projected
revenues, and state restricted fund expenditures for the fiscal years ending
September 30, 2019 and September 30, 2020.
Sec. 213. The department shall
maintain, on a publicly accessible website, a department scorecard that
identifies, tracks, and regularly updates key metrics that are used to monitor
and improve the department s performance.
Sec. 214. Total authorized
appropriations from all sources under part 1 for legacy costs for the fiscal
year ending September 30, 2020 are estimated at $17,277,800.00. From this
amount, total agency appropriations for pension-related legacy costs are
estimated at $8,399,100.00. Total agency appropriations for retiree health care
legacy costs are estimated at $8,878,700.00.
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. 216. The department shall
provide biannual reports to the subcommittees, the senate and house fiscal
agencies, and the state budget office, which shall provide the following data:
(a) A list of all major work projects,
including a status report of each project.
(b) The department s financial
status, featuring a report of budgeted versus actual expenditures by part 1
line item including a year-end projection of
budget requirements. If projected department budget requirements exceed
the allocated budget, the report shall include a plan to reduce overall
expenses while still satisfying specified service level requirements.
(c) A report on the status of
performance metrics cited in this part and information required to be reported
in this part.
(d) The number of active
employees at the close of the reporting period by job classification and
program.
(e) Evidence of efficiencies and
management of funds within established appropriations.
Sec. 217. The appropriations in
part 1 are for the core services, support services, and work projects of the
department, including, but not limited to, the following core services:
(a) Armories and joint force
readiness.
(b) National Guard training
facilities and air bases.
(c) Michigan youth challeNGe
academy.
(d) Military family relief fund.
(e) Starbase grant.
(f) National Guard tuition
assistance program.
(g) Michigan veterans affairs
agency administration.
(h) Veterans service grants.
(i) Veterans trust fund
administration.
(j) Veterans trust fund grants.
(k) Board of managers (veterans
homes).
(l) Grand Rapids home for veterans.
(m) D.J. Jacobetti home for
veterans.
(n) Michigan veterans facility
authority.
(o) County veteran service fund.
Sec. 218. The appropriations in
part 1 for capital outlay shall be carried forward at the end of the fiscal
year consistent with section 248 of the management and budget act, 1984 PA 431,
Sec. 219. Sixty days prior to
the public announcement of the intention to sell any department real property,
the department shall submit notification of that intent to the subcommittees
and the senate and house fiscal agencies.
MILITARY
Sec. 301. (1) From the funds
appropriated in part 1, there is funding to support unclassified employee
positions as authorized by section 5 of article XI of the state
constitution of 1963.
(2) Not less than 30 days prior
to the department submitting a request for an additional unclassified employee
position from the civil service commission, or for any substantive change to
the duties of an existing unclassified employee position, the department shall
notify the subcommittees and the senate and house fiscal agencies.
Sec. 302. (1) From the funds
appropriated in part 1 for military operations, effective and efficient
executive direction and administrative leadership shall be provided to the
department.
(2) The department shall operate
and maintain National Guard armories.
(3) The department shall
evaluate armories and submit a report as provided under section 216 of
this part on the status of the armories.
(4) The department shall
maintain a system to measure the condition and adequacy of the armories.
(5) The Michigan Army National
Guard and Air National Guard shall work to provide a culture that is free of
sexual assault, through an environment of prevention, education and training,
response capability, victim support, reporting procedures, and appropriate
accountability that enhances the safety and well-being of all guard members.
(6) By December 1, the
department shall report the following information to the subcommittees, the
senate and house fiscal agencies, and the state budget office:
(a) An assessment of the grounds
and facilities of each armory to objectively measure and determine the current
facility condition and capability to support authorized manpower, unit
training, and operations.
(b) Recommendations for the
placement of new armories, the relocation or consolidation of existing
armories, or a change in the mission of units assigned to armories to ideally
position the National Guard in current or projected population centers.
(c)
Recommendations for the enhanced use of armories to facilitate family support
programs during deployments.
(d) An analysis of the
feasibility, potential costs, and benefits of use of armories shared with other
local, state, or federal agencies to improve responses to local emergencies as
well as the community support provided to armories.
(e) An investment strategy and
proposed funding amounts in a prioritized project list to correct the most
critical facility shortfalls across the inventory of armories in this state.
Sec. 303. (1) The department
shall maintain the Michigan youth challeNGe academy to provide values, skills,
education, and self-discipline instruction for at-risk youth as provided under
32 USC 509.
(2) The department shall take
steps to recruit candidates to the challeNGe academy from economically
disadvantaged areas, including those with low-income and high-unemployment
backgrounds.
(3) The department shall partner
with the department of health and human services to identify youth who may be
eligible for the challeNGe academy from those youth served by department of
health and human services programs. These eligible youth shall be given
priority for enrollment in the academy.
(4) The department shall
maintain the staffing and resources necessary to train and graduate at least
114 students per cohort (228 annually).
(5) The department shall ensure
individual academic success as measured by the number of individuals who have
received a general equivalency diploma, high school diploma, or high school
credit recovery or by the improvement of tests of adult basic education scores,
or both.
(6) Any unexpended private
donations to support the Michigan youth challeNGe academy at the close of this
fiscal year shall not lapse to the general fund but shall be carried forward to
the subsequent fiscal year.
Sec. 304. (1) The department
shall provide grants for disbursement from the military family relief fund, as
provided under the military family relief fund act, 2004 PA 363, MCL
35.1211 to 35.1216, and R 200.5 to R 200.95 of the Michigan Administrative
Code.
(2) The department shall provide
information on the revenues, expenditures for advertising and assistance
grants, and fund balance of the Michigan military family relief fund, as
provided under section 216 of this part.
(3) The department shall provide
sufficient staffing and other resources to provide outreach to the Michigan
families of members of the reserve component of the Armed Forces of the United
States called into active duty and to support the processing and approval of
grant applications for this fiscal year under the Michigan military relief fund
and report those applications as provided under section 216 of this part.
Sec. 305. (1) The department
shall provide Army and Air National Guard forces, when directed, for state and
local emergencies and in support of national military requirements.
(2) The department shall operate
and maintain Army National Guard training facilities, including Fort Custer and
Camp Grayling.
(3) The department shall
maintain a system that measures the condition and adequacy of air facilities
using both quality and functionality criteria.
(4) The department shall operate
and maintain Air National Guard air bases, including Selfridge Air National
Guard base, Battle Creek Air National Guard base, and Alpena combat readiness
training center.
(5) The department shall provide
the following information as provided under section 216 of this part:
(a) The apportioned and assigned
strength of the Michigan Army National Guard.
(b) The apportioned and assigned
strength of the Michigan Air National Guard.
(c) Recruiting, retention, and
attrition data, including measurement against stated performance goals, for the
Michigan Army National Guard.
(d) Recruiting, retention, and
attrition data, including measurement against stated performance goals, for the
Michigan Air National Guard.
Sec. 306. There is created and
established under the jurisdiction and control of the department a revolving
account to be known as the billeting fund account. All of the fees and other
revenues generated from the operation of the chargeable transient quarters
program shall be deposited in the billeting fund account. Appropriations will
be made from the account for the support of program operations and the
maintenance and operations of the chargeable transient quarters program and will
not exceed the estimated revenues for the fiscal year in which they are made,
together with unexpended balances from prior years. The department shall submit
an annual report of operations and expenditures regarding the billeting fund
account to the appropriations committees of the senate and house of
representatives, the senate and house fiscal agencies, and the state budget
office at the end of the fiscal year.
Sec. 307. (1) The department
shall maintain a National Guard tuition assistance program for members of the
Michigan Army and Air National Guard.
(2) The objective of the
National Guard tuition assistance program is to bolster military readiness by
increasing recruitment and retention of Michigan Army and Air National Guard
service members, to fill federally authorized strength levels for the state, to
improve the Michigan Army and Air National Guard s competitive draw from other
military enlistment options in the state, to enhance the ability of the
Michigan Army and Air National Guard to compete for members and federal dollars
with surrounding states, and to increase the pool of eligible candidates within
the Michigan Army and Air National Guard to become commissioned officers.
(3) The department shall make
efforts to increase the number of national guard members who have received a
credential or are still enrolled in the Michigan National Guard tuition
assistance program after their initial term of enlistment with the goal of 55%
of program participants, or at the current 4-year college graduation rate in
Michigan, whichever is higher. To evaluate the effectiveness of the program,
the department shall monitor the number of new recruits and new reenlistments
and the percentage of those who become participants in the program to determine
whether the percentage of authorized Michigan Army and Air National Guard
strength obtained and retained is competitive in comparison with the
neighboring army and air national guards from Illinois, Indiana, Ohio, and
Wisconsin.
(4) Not later than March 1,
2020, the department shall provide a report to the subcommittees on the
Michigan National Guard tuition assistance program. The report shall include
the number of guard members receiving tuition assistance, where those guard
members received education or training under the program, the average amount of
financial assistance received, the total funds spent on the program, and, in
the opinion of the department, after those expenditures, whether any unmet
needs remained. The report shall also include performance data regarding the
number of members denied benefits from the program. The report shall include,
but is not limited to, all of the following information:
(a) The total number of
applications for tuition assistance denied.
(b) A delineated list of the
grounds for denial and the number of the total applicable to each reason for
denial.
(c) A list of specific actions
undertaken to increase the opportunities for expanding qualified educational
and training programs.
(d) A list of any educational
and training programs removed from eligibility and the rationale for their
removal.
(e) An explanation of any
identified barriers to the successful utilization of funds appropriated in part
1 for the National Guard tuition assistance fund and applicable proposals for legislative
action to address those barriers.
(5) The general fund/general
purpose funds appropriated in part 1 for the National Guard tuition assistance
fund shall be deposited to the restricted Michigan National Guard tuition
assistance fund created in section 4 of the Michigan National Guard
tuition assistance act, 2014 PA 259, MCL 32.434. All funds in the
restricted Michigan National Guard tuition assistance fund are appropriated and
available for expenditure to support the Michigan National Guard tuition
assistance program.
Sec. 308. The department shall
maintain the starbase program at Air National Guard facilities, as provided
under 10 USC 2193b, to improve the knowledge, skills, and interest of students,
primarily in the fifth grade, in math, science, and technology. The starbase
program is to specifically target minority and at-risk students for
participation.
MICHIGAN VETERANS AFFAIRS AGENCY
Sec. 401. The board of managers
and Michigan veterans facility authority shall exercise certain regulatory and governance authority regarding admission and
member affairs at the Grand Rapids and D.J. Jacobetti homes for
veterans. The board of managers shall also work to represent the interest of
the veterans community in both advisory and advocacy roles.
Sec. 402. (1)
The MVAA, the board of managers, and the Michigan veterans facility authority
shall provide compassionate and quality nursing
and domiciliary care services at the Grand Rapids and D.J. Jacobetti homes
for veterans so that members can achieve their highest potential of wellness,
independence, self-worth, and dignity.
(2) The department shall provide
resources necessary to provide nursing care services to veterans in accordance
with federal standards and provide the results of the annual USDVA survey and
certification as proof of compliance.
(3) Appropriations in part 1 for
the Grand Rapids and the D.J. Jacobetti homes for veterans shall not be used
for any purpose other than for veterans and veterans families.
(4) Any contractor providing
mental health services to the Grand Rapids and D.J. Jacobetti homes for
veterans shall utilize mental health interventions that have been shown to be
effective with the conditions they are
treating, in accordance with evidence-based best practices supported by the
USDVA-VHA, United States Department of Defense, the Substance Abuse
and Mental Health Services Administration, the American Psychological
Association, and the National Association of Social Workers.
(5) Any contractor providing
competency evaluated nursing assistants (CENA) to the Grand Rapids home for veterans shall ensure that each CENA has at
least 8 hours of training on information provided by the home.
(6) Any contractor providing
competency evaluated nursing assistants to the Grand Rapids home for veterans
shall ensure that each CENA has at least 1 eight-hour shift of shadowing at the
veterans home.
(7) Any contractor providing
competency evaluated nursing assistants to the Grand Rapids home for veterans
shall ensure that each CENA is competent in the basic skills needed to perform
his or her assigned duties at the home.
(8) The Grand Rapids home for
veterans shall provide each CENA at least 12 hours of in-service training once
that individual has been assigned to the home.
(9) All complaints of abusive or
neglectful care at the Grand Rapids and the D.J. Jacobetti homes for veterans
by a resident member, a resident member s family or legal guardian, or staff of
the veterans homes received by a supervisor shall be referred to the director
of nursing or his or her designee upon receipt of the complaint. The director
of nursing or his or her designee shall report on not less than a monthly
basis, except that the board of managers may specify a more frequent reporting
period to the home administrator, board of managers, agency, subcommittees,
senate and house fiscal agencies, and state budget office the following
information:
(a) A description of the process
by which resident members and others may file complaints of alleged abuse or
neglect at the Grand Rapids and the D.J. Jacobetti homes for veterans.
(b) Summary statistics on the
number and general nature of complaints of abuse or neglect.
(c) Summary statistics on the
final disposition of complaints of abuse or neglect received.
(10) The Grand Rapids and D.J.
Jacobetti homes for veterans shall provide an on-site, board-certified psychiatrist for all resident members with mental
health disorders in order to ensure that those resident members receive
needed services in a professional and timely manner. The Grand Rapids and D.J.
Jacobetti homes for veterans shall provide all members and staff a safe and
secure environment.
(11) The Grand Rapids and D.J.
Jacobetti homes for veterans shall ensure that they effectively develop,
execute, and monitor all comprehensive care plans in accordance with federal
regulations and their internal policies, with a goal that a comprehensive care
plan is fully developed for all resident members.
(12) The Grand Rapids and D.J.
Jacobetti homes for veterans shall implement controls over their food,
maintenance supplies, pharmaceuticals, and medical supplies inventories.
(13) The
Grand Rapids and D.J. Jacobetti homes for veterans shall establish sufficient
controls for calculating resident member maintenance assessments in order to accurately
calculate resident member maintenance assessments for each billing cycle. The
Grand Rapids and D.J. Jacobetti homes for veterans shall establish sufficient
controls to ensure that all past due resident member maintenance assessments
are addressed within 30 days.
(14) The
Grand Rapids and D.J. Jacobetti homes for veterans shall establish sufficient
controls over monetary donations and donated goods.
(15) The Grand Rapids and D.J.
Jacobetti homes for veterans shall implement sufficient controls over the
handling of resident member funds to ensure the release of funds within 15
calendar days upon the resident member leaving the home and to ensure that a
representative of a resident member is provided a full accounting of that
resident member s funds within 30 calendar days of the death of that resident
member.
(16) The MVAA shall post on its
website all policies adopted by the board of managers, the Michigan veterans
facility authority, and the veterans homes related to the administrative
operations of the veterans homes.
(17) The process by which
visitors, residents, and employees of the Grand Rapids and D.J. Jacobetti homes
for veterans may register complaints shall be displayed in high-traffic areas
throughout the home.
(18) The
MVAA shall report its findings regarding the state veterans homes compliance
with the requirements and standards under this section in
a quarterly report to the legislature and the state budget office. The
quarterly reports shall include, but are not limited to, all of the
following information:
(a) Quality of care metrics,
including:
(i) The number of patient care hours and staffing levels measured
against USDVA-VHA standards.
(ii) Sentinel events reported to the USDVA.
(iii) Fall and wound reports.
(iv) Complaint reports, including abuse and neglect complaints and
outcomes of complaint investigations.
(v) Additional minimum data set quality of care indicators used to
measure quality of care in long-term care facilities.
(b) Quarterly budget update.
(c) An accounting of resident
member populations at the Grand Rapids and D.J. Jacobetti homes for veterans as
follows:
(i) By demographics, including period of service, gender, and age.
(ii) By care setting, payment source, and associated revenue
projections.
(d) Updates related to the
modernization of the Grand Rapids and D.J. Jacobetti homes for veterans,
including information related to the following:
(i) Infrastructure/capital outlay improvements.
(ii) Information technology updates.
(iii) Financial management.
(e) Updates on corrective action
status related to any audit and survey findings until those findings have been
fully addressed.
(19) The Grand Rapids and D.J.
Jacobetti homes for veterans shall provide to the subcommittees, the senate and
house fiscal agencies, and the state budget office the results of any annual or
for-cause survey conducted by the USDVA-VHA and any corresponding corrective
action plan. This information shall also be made available publicly through the
department s or MVAA s website.
(20) The MVAA shall provide to
the legislature and the state budget office quarterly reports of this part
regarding the status of Centers for Medicare and Medicaid certification
efforts, including, but not limited to, descriptions of incremental milestones,
associated expenditures, and the percentage of plan completed.
Sec. 404.
The department shall ensure that the quality of care for members of the Grand
Rapids and D.J. Jacobetti homes for veterans shall meet or exceed the
quality of care for the full spectrum of health care services to meet or exceed
the Centers for Medicare and Medicaid Services certification standards. The
department shall provide a report as provided under section 216 of this
part to the subcommittees, which contains evidence that the quality of care for
the full spectrum of health care services has met or exceeded Centers for
Medicare and Medicaid Services certification standards.
Sec. 405. (1) The MVAA shall
provide a report, as provided under section 216 of this part, on the
financial status of the Michigan veterans trust fund, including the number and
amount of emergency grants, state administrative expenses, and county
administrative expenses.
(2) The Michigan veterans trust
fund board together with the agency shall maintain the staffing and resources
necessary to process a minimum of 2,000 applications for veterans trust fund
emergency grants.
(3) The Michigan veterans trust
fund board together with the MVAA shall provide emergency grants for
disbursement from the Michigan veterans trust fund, as provided under the
following program authorities:
(a) Sections 37, 38, and 39 of
article IX of the state constitution of 1963.
(b) 1946 (1st Ex Sess) PA 9,
MCL 35.602 to 35.610.
(c) R 35.1 to R 35.7 of the
Michigan Administrative Code.
(d) R 35.621 to R 35.623 of the
Michigan Administrative Code.
(4) No
later than December 1, the MVAA shall provide a detailed report of the Michigan
veterans trust fund that includes, for the immediately preceding fiscal year, information
on grants provided from the emergency grant program, including details
concerning the methodology of allocations, the selection of emergency grant
program authorized agents, a description of how the emergency grant program is
administered in each county, and a detailed breakdown of trust fund expenditures
for that year, including the amount distributed to each county for
administrative costs and emergency grants. The report shall also include the
number of approved applications, by category of assistance, and the number of
denied applications, by reason of denial. The report shall also provide an
update on the department s efforts to reduce program administrative costs and
maintain the Michigan veterans trust fund corpus to its original amount of at
least $50,000,000.00.
Sec. 406. (1) The MVAA shall
provide outreach services to Michigan veterans to advise them on the benefits
to which they are entitled, as provided under Executive Reorganization Order
No. 2013-2, MCL 32.92. The MVAA shall also do the following:
(a) Maintain the staffing
partnerships and other resources necessary to develop and operate an outreach
program that communicates benefit eligibility information to at least 50% of
Michigan s population of veterans, as assessed by annual census estimates, with
a goal of reaching 100% and enabling 100% to access benefit information online.
(b)
Communicate veteran benefit information pertaining to the Michigan military
family relief fund, Michigan veterans trust fund, and USDVA health,
financial, and memorial benefits to which veterans are entitled.
(c) Provide sufficient staffing
and other resources to approve requests for military discharge certificates
(DD-214) annually.
(d) Continue the process to
digitize all medical records, military discharge documents, and burial records
that are currently on paper and microfilm.
(e) Provide a report, as
provided under section 216 of this part, on the MVAA s performance on the
performance measures, outcomes, and initiatives developed by the agency in the
strategic plan required by section 501 of 2013 PA 9.
(f) Provide a report to the
subcommittees, the senate and house fiscal agencies, and the state budget
office no later than April 1 providing, to the extent known, data on the
estimated number of homeless veterans, by county, in this state.
(g) Provide the percentage of
Michigan veterans contacted through its outreach programs, with a goal of 90%,
and report that percentage to the subcommittees as provided under section 216
of this part on the status of outreach.
(2) From the funds appropriated
in part 1, the MVAA shall provide for the regional coordination of services, as
follows:
(a) Regional coordinators shall
be selected by the MVAA through a staff augmentation service contract with VSOs
or with a Michigan-based nonprofit organization.
(b) Regional coordinators shall
provide the following services:
(i) Coordinate with veteran benefit counselors throughout a
specified region.
(ii) Coordinate services with the
department of health and human services and the department of corrections.
(iii) Coordinate with regional workforce and economic development
agencies.
(iv) Coordinate activities among local
foundations, nonprofit organizations, and community groups to improve accessibility, enrollment, and utilization of the array
of health care, education, employment assistance, and quality of
life services provided at the local level.
(c) The MVAA may work with MVAA
service officers, regional coordinators, county veteran counselors, VSO service
officers, and other service providers to incorporate the provision of
information relating to mental health care resources into their daily
operations to aid veterans in understanding the mental health care support
services they may be eligible to receive.
(d) The MVAA shall coordinate
with the department of health and human services to identify Medicaid
recipients who are veterans and who may be eligible for federal veterans health
care benefits or other benefits, to the extent that the identification does not
violate applicable confidentiality requirements.
(e) The MVAA shall collaborate
with the department of corrections to create and maintain a process by which prisoners can obtain a copy of their DD-214
form or other military discharge documentation if necessary.
(f) The MVAA shall ensure that all MVAA service officers, VSO service
officers, and regional coordinators receive appropriate training in
processing applications for benefits payable to veterans due to military sexual
trauma, post-traumatic stress disorder, depression, anxiety, substance abuse,
or other mental health issues.
(3) The MVAA shall provide
claims processing services to Michigan veterans in support of benefit claims
submitted to the USDVA for the health, financial, and memorial benefits for
which they are eligible, and shall do all of the following:
(a) Report the following
information as provided in section 216 of this part:
(i) The number of benefit claims, by type, submitted to the USDVA by
MVAA.
(ii) The number of fully developed claims submitted to the USDVA,
with an overall goal of 40% of benefit claims submitted that are considered
fully developed by the USDVA.
(b) Maintain the staffing and
resources necessary to process a minimum of 500 claims per year.
(4) The MVAA shall maintain
staffing and resources necessary to develop and implement a process to ensure
that all county counselors receive the training and accreditation necessary to
provide quality services to veterans. The MVAA shall report information as
provided in section 216 of this part on the number and percentage of county veterans counselors trained
by the MVAA, and the number and percentage who received funding from the MVAA to attend training, with an
overall goal of 100% of county veterans counselors trained.
(5) From the funds appropriated
in part 1 for MVAA, the MVAA is authorized to expend up to $50,000.00 to hire
legal services to represent veterans benefit cases before federal court to
maintain accreditation under 38 CFR 14.628(d)(1)(iv).
Sec. 407. (1) The MVAA shall
disburse grants to achieve agency goals and performance objectives in
partnership with counties and VSOs. Grants will be disbursed to fund programs
and projects that are determined by the agency to meet agency performance
objectives and ensure that grantees communicate the availability of emergency
grants through the Michigan veterans trust fund. In disbursing grants, the
MVAA shall do all of the following:
(a) Ensure that each grantee is
issued performance standards.
(b) Ensure that each grantee
uses those funds for veterans advocacy and outreach.
(c) Monitor the performance of
each grantee.
(d) Require each grantee to
report not less than quarterly on services provided to veterans and account for
all grant fund expenditures.
(e) Require that each grantee
report not less than quarterly both of the following:
(i) The number and type of claims originated and submitted by the
grantee to the USDVA.
(ii) The number and type of claims originated by an organization
other than the grantee and submitted by the grantee to the USDVA.
(f) Promulgate monthly benchmark
requirements, based upon contractual obligations, that each grantee must meet
and require each grantee to report on achieving the benchmark requirements not
less than quarterly to the MVAA, in order to ensure that each grantee meets
MVAA veteran service goals.
(g) Assess the accuracy rate of
claims reported by grantees and the attendance rate of grantees, based upon
contractual obligations.
(h) Ensure that each grantee
adheres to the MVAA approved schedule of operations.
(i) Report quarterly to the
subcommittees and senate and house fiscal agencies on grantee operations
monitored under this subsection, as provided in section 216 of this part.
(2) Grants awarded to a VSO by
the MVAA shall provide for the following, as developed by the MVAA:
(a) The provision of service to
veterans statewide, using a regional service delivery model, with services
provided at specified locations and times, including service provided in state
correctional facilities.
(b) The payment of an hourly
service rate that shall not exceed $34.00 per hour.
(c) A specified number of
service hours within each geographic region of this state, with a statewide
goal based on both appropriations for the fiscal year ending September 30, 2020
for the grant programs and the hourly service rate under subdivision (b). The
statewide goal will include service hours provided to eligible incarcerated
veterans within 1 year of their earliest release date.
(d) Use of an MVAA-designated
internet-based claims data system.
(3) The MVAA shall report the
following information as provided in section 216 of this part:
(a) A summary of activities
supported through the appropriation in part 1 for grants, including the amount
of expenditures to date, number of service hours, number of claims for benefits
submitted by type of claim, and other information deemed appropriate by the
MVAA.
(b) The number and percentage of
fully developed claims submitted to the USDVA, and the number and percentage of
fully developed claims submitted that are considered fully developed by the
USDVA with an overall goal of 40%.
Sec. 409. (1) The department
shall enter into an interagency agreement in cooperation with the department of
health and human services in order to work with the federal public assistance
reporting information system to identify Medicaid recipients who are veterans
and who may be eligible for federal veterans health care benefits or other
benefits. The interagency agreement shall include the specific outcome and
performance reporting requirements described in this section. The interagency
agreement shall require the department to provide all of the following items by
January 1 for the current fiscal year to the subcommittees, the senate and
house fiscal agencies, and the policy offices:
(a) The number of veterans
identified by the department of health and human services through eligibility
determinations.
(b) The number of veterans
referred to the department.
(c) The number of referrals made
by the department of health and human services that were contacted by the
department.
(d) The number of referrals made
to the department that were eligible for veterans health care benefits or other
benefits.
(e) The specific actions and
efforts undertaken by the department of health and human services and the
department to identify female veterans who are applying for public assistance
benefits, but who are eligible for veterans benefits.
(2) By October 1 of the current
fiscal year, the department of health and human services shall change the
public assistance application form from asking whether the prospective
applicant was a veteran to asking whether the applicant had ever served in the
military.
Sec. 410. The general fund/general
purpose funds appropriated in part I for the county veteran service fund shall
be deposited to the restricted county veteran service fund created in section 3a
of 1953 PA 192, MCL 35.623a. All funds
in the restricted county veteran service fund are appropriated and available
for expenditure to support county veteran service grants.
Sec. 411. From the funds
appropriated in part 1, the MVAA shall conduct an assessment of the need for,
feasibility, and annual cost to the state of establishing and maintaining a new
veterans cemetery in the upper peninsula of the state. The assessment shall
consider the availability of any federal funds available for veterans
cemeteries for its determinations. The MVAA shall report the findings of the
assessment to each chairperson of the subcommittees, the house and senate fiscal
agencies, and the state budget office by not later than September 30, 2020.
CAPITAL OUTLAY
Sec. 501. (1) The department shall
provide for the acquisition and disposition of National Guard armories,
facilities, and lands as provided under sections 368, 382, and 382a of the
Michigan military act, 1967 PA 150, MCL 32.768, 32.782, and 32.782a.
(2) The department shall provide a
listing of property sales and acquisitions as provided under section 216
of this part.
Sec. 502. (1) The appropriations
in part 1 for special maintenance - National Guard shall be carried forward at
the end of the fiscal year consistent with section 248 of the management
and budget act, 1984 PA 431,
(2) The appropriations for special
maintenance - National Guard shall be expended in accordance with the
requirements of sections 302 and 305 of this part and shall be expended
according to the maintenance priorities of the department to repair and
modernize military training sites and support facilities, including armories,
which may include projects such as roof, HVAC, or boiler replacement, interior
renovations, facility expansion, improvements to parking facilities, and other
projects.
(3) The department shall provide a
report as provided under section 216 of this part providing information on
the status, projected costs, and projected completion date of current and
planned special maintenance projects at the armories and other National Guard
facilities funded from capital outlay appropriations made in part 1 and in
prior appropriations years.
Sec. 503. (1) The appropriations
in part 1 for special maintenance veterans homes shall be carried forward at
the end of the fiscal year consistent with section 248 of the management
and budget act, 1984 PA 431, MCL 18.1248.
(2) The appropriations for special
maintenance veterans homes shall be expended in accordance with the
requirements of section 402 of this part and shall be expended according
to the maintenance priorities of the department to repair and modernize the
state s veterans homes, which may include projects such as roof, HVAC, or
boiler replacement, interior renovations, facility expansion, improvements to
parking facilities, and other projects designed to enhance the quality of life
and medical care of members.
(3) The MVAA shall provide a
report as provided under section 216 of this part providing information on
the status, projected costs, and projected completion date of current and
planned special maintenance projects at the Grand Rapids home for veterans and
D.J. Jacobetti home for veterans funded from capital outlay appropriations made
in part 1 and in prior appropriations years.
Sec. 504. (1) The appropriations
in part 1 for armory maintenance shall be carried forward at the end of the
fiscal year consistent with section 248 of the management and budget act,
1984 PA 431, MCL 18.1248.
(2) The appropriations for armory
maintenance shall be expended in accordance with the requirements of sections
302 and 305 of this part and shall be expended according to the maintenance
priorities of the department to repair and modernize military training sites
and support facilities, including armories.
ONE-TIME APPROPRIATIONS
Sec. 601. The appropriation in
part 1 for buddy-to-buddy program shall be used to train volunteer Michigan
veterans to provide outreach and support for other Michigan service members and
veterans in dealing with the challenges they face, including those related to
finances, securing benefits, legal issues, education, and health, family, and
emotional concerns.
Sec. 602. Funds appropriated in
part 1 for uniform update shall be used for the fielding and issuing of Army
National Guard aircrew combat uniforms in operational camouflage pattern and
related uniform accessories to replace discontinued universal camouflage
pattern uniforms.
Sec. 603. The appropriation in
part 1 for a veterans benefit eligibility study shall be used for the
commission of a study that will create,
implement, and evaluate a program that will identify Michigan Medicaid
beneficiaries who are veterans and support them in exploring their
eligibility for USDVA-VHA health care benefits. A report from the study must be
delivered to the department and the subcommittees no later than December 1,
2020 and must contain the findings of the study, including data as to the
frequency of veteran Medicaid beneficiaries who are eligible, but who are not
aware, or have not taken steps to seek USDVA-VHA health care services, and
shall include recommendations to the department on effective and efficient
strategies that could be used to identify such veterans and facilitate their
exploration of eligibility for USDVA-VHA health care benefits.
Third: That the Senate and House
agree to the title of the bill to read as follows:
A bill to make appropriations for
the department of military and veterans affairs for the fiscal year ending
September 30, 2020; and to provide for the expenditure of the appropriations.
Tom
Barrett
Jim
Stamas
Adam
Hollier
Conferees
for the Senate
Aaron
Miller
Greg
VanWoerkom
Joe
Tate
Conferees
for the House
The
question being on the adoption of the conference report,
Roll Call No. 244 Yeas 109
Afendoulis Frederick Kahle Reilly
Albert Garrett Kennedy Rendon
Alexander Garza Koleszar Robinson
Allor Gay-Dagnogo Kuppa Sabo
Anthony Glenn LaFave Schroeder
Bellino Green LaGrand Shannon
Berman Greig Lasinski Sheppard
Bolden Griffin Leutheuser Slagh
Bollin Guerra Liberati Sneller
Brann Haadsma Lightner Sowerby
Brixie Hall Lilly Stone
Byrd Hammoud Love Tate
Calley Hauck Lower VanSingel
Cambensy Hernandez Maddock VanWoerkom
Camilleri Hertel Manoogian Vaupel
Carter,
T. Hoadley Marino Wakeman
Chatfield Hoitenga Markkanen Warren
Cherry Hood Meerman Webber
Chirkun Hope Miller Wendzel
Clemente Hornberger Mueller Wentworth
Cole Howell Neeley Whiteford
Coleman Huizenga O Malley Whitsett
Crawford Iden Pagan Wittenberg
Eisen Inman Paquette Witwer
Elder Johnson, C. Peterson Wozniak
Ellison Johnson, S. Pohutsky Yancey
Farrington Jones Rabhi Yaroch
Filler
Nays 0
In The Chair: Wentworth
Rep.
Cole moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Senate
Bill No. 137, entitled
A bill to make appropriations for
the department of environment, Great Lakes, and energy for the fiscal year
ending September 30, 2020; and to provide for the expenditure of the
appropriations.
The Senate has adopted the report
of the Committee of Conference and ordered that the bill be given immediate
effect.
The Conference Report was read as
follows:
First Conference Report
The Committee of Conference on the
matters of difference between the two Houses concerning
Senate
Bill No. 137, entitled
A bill to make appropriations for
the department of environment, Great Lakes, and energy for the fiscal year
ending September 30, 2020; and to provide for the expenditure of the
appropriations.
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:
A bill to make appropriations for
the department of environment, Great Lakes, and energy for the fiscal year
ending September 30, 2020; and to provide for the expenditure of the
appropriations.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
PART 1
LINE-ITEM APPROPRIATIONS
Sec. 101. There is appropriated
for the department of environment, Great Lakes, and energy for the fiscal year
ending September 30, 2020, from the following funds:
DEPARTMENT OF ENVIRONMENT, GREAT
LAKES, AND ENERGY
APPROPRIATION SUMMARY
Full-time equated unclassified
positions......................................................... 6.0
Full-time equated classified
positions...................................................... 1,416.0
GROSS APPROPRIATION............................................................................... $ 616,140,800
Interdepartmental grant revenues:
IDG, MDOT - Michigan
transportation fund......................................................... 1,383,000
IDG from department of state
police.................................................................... 1,793,600
Total interdepartmental grants and
intradepartmental transfers................................ 3,176,600
ADJUSTED GROSS APPROPRIATION............................................................ $ 612,964,200
Federal revenues:
Federal funds.................................................................................................... 175,269,900
Total federal revenues........................................................................................ 175,269,900
Special revenue funds:
Private funds..................................................................................................... 1,201,800
Total private revenues........................................................................................ 1,201,800
Total other state restricted
revenues..................................................................... 267,915,100
State general fund/general purpose...................................................................... $ 168,577,400
FUND SOURCE SUMMARY
Full-time equated unclassified
positions......................................................... 6.0
Full-time equated classified
positions...................................................... 1,416.0
GROSS APPROPRIATION............................................................................... $ 616,140,800
Interdepartmental grant revenues:
IDG, MDOT - Michigan
transportation fund......................................................... 1,383,000
IDG from department of state
police.................................................................... 1,793,600
Total interdepartmental grants and
intradepartmental transfers................................ 3,176,600
ADJUSTED GROSS APPROPRIATION............................................................ $ 612,964,200
Federal revenues:
Total federal revenues........................................................................................ 175,269,900
[Please see the PDF version of this journal, if available, to view this image.]
Special revenue funds:
Private funds..................................................................................................... 1,201,800
Total private revenues........................................................................................ 1,201,800
Air emissions fees............................................................................................. 12,613,200
Aquatic nuisance control fund............................................................................. 948,400
Campground fund.............................................................................................. 328,600
Clean Michigan initiative - clean
water fund......................................................... 2,617,100
Clean Michigan initiative -
nonpoint source.......................................................... 2,000,000
Cleanup and redevelopment fund........................................................................ 21,253,900
Coal ash care fund............................................................................................. 260,000
Community pollution prevention
fund.................................................................. 1,250,000
Drinking water declaration of
emergency reserve fund........................................... 100
Electronic waste recycling fund........................................................................... 339,700
Environmental education fund............................................................................ 176,500
Environmental pollution prevention
fund............................................................. 6,900,800
Environmental protection fund............................................................................ 521,400
Environmental response fund.............................................................................. 5,012,200
Fees and collections........................................................................................... 395,500
Financial instruments......................................................................................... 9,555,400
Great Lakes protection fund................................................................................ 531,600
Groundwater discharge permit fees...................................................................... 1,793,900
Infrastructure construction fund........................................................................... 52,200
Laboratory services fees..................................................................................... 6,637,000
Land and water permit fees................................................................................. 3,357,400
Landfill maintenance trust fund........................................................................... 31,000
Medical waste emergency response
fund.............................................................. 344,200
Metallic mining surveillance fee
revenue.............................................................. 101,100
Mineral well regulatory fee
revenue..................................................................... 223,200
Native copper mine fund.................................................................................... 50,000
Nonferrous metallic mineral
surveillance............................................................. 370,200
NPDES fees...................................................................................................... 4,689,700
Oil and gas regulatory fund................................................................................. 7,331,200
Orphan well fund............................................................................................... 4,329,800
Public swimming pool fund................................................................................ 665,500
Public utility assessments................................................................................... 2,608,700
Public water supply fees..................................................................................... 5,057,900
Refined petroleum fund...................................................................................... 42,407,400
Renew Michigan fund........................................................................................ 69,000,000
Retired engineers technical
assistance program..................................................... 498,200
Revitalization revolving loan fund....................................................................... 103,100
Revolving loan revenue bonds............................................................................ 15,000,000
Sand extraction fee revenue................................................................................ 93,000
Scrap tire regulatory fund................................................................................... 5,127,000
Septage waste program fund............................................................................... 530,600
Settlement funds................................................................................................ 427,000
Sewage sludge land application
fees.................................................................... 1,020,000
Small business pollution
prevention revolving loan fund........................................ 167,400
Soil erosion and sedimentation
control training fund.............................................. 175,300
Solid waste management fund -
staff account........................................................ 5,304,600
Stormwater permit fees...................................................................................... 2,527,000
Strategic water quality
initiatives fund................................................................. 1,220,500
Technologically enhanced naturally
occurring radioactive material......................... 250,000
Underground storage tank cleanup
fund............................................................... 20,044,300
Wastewater operator training fees........................................................................ 608,600
Water pollution control revolving
fund................................................................ 668,900
Water quality protection fund.............................................................................. 100,000
Water use reporting fees..................................................................................... 294,800
Total other state restricted
revenues..................................................................... 267,915,100
State general fund/general purpose...................................................................... $ 168,577,400
[Please see the PDF version of this journal, if available, to view this image.]
Sec. 102. DEPARTMENTAL ADMINISTRATION AND SUPPORT
Full-time equated unclassified
positions......................................................... 6.0
Full-time equated classified
positions.......................................................... 83.0
Unclassified salaries 6.0 FTE
positions.............................................................. $ 824,100
Accounting service center................................................................................... 1,438,000
Administrative hearings officers.......................................................................... 396,000
Central support services 39.0 FTE
positions....................................................... 5,239,500
Communications and community
outreach 31.0 FTE positions............................. 4,659,000
Environmental support projects........................................................................... 5,000,000
Executive direction 13.0 FTE
positions............................................................. 2,133,600
Facilities management........................................................................................ 1,000,000
Property management........................................................................................ 7,741,300
GROSS APPROPRIATION............................................................................... $ 28,431,500
Appropriated from:
Interdepartmental grant revenues:
IDG from department of state
police.................................................................... 76,500
Federal revenues:
Federal funds.................................................................................................... 59,800
Special revenue funds:
Private funds..................................................................................................... 364,100
Air emissions fees............................................................................................. 1,534,000
Campground fund.............................................................................................. 15,800
Cleanup and redevelopment fund........................................................................ 1,611,300
Electronic waste recycling fund........................................................................... 15,300
Environmental education fund............................................................................ 176,500
Environmental pollution prevention
fund............................................................. 1,759,700
Environmental protection fund............................................................................ 327,000
Environmental response fund.............................................................................. 531,600
Fees and collections........................................................................................... 151,500
Financial instruments......................................................................................... 7,369,100
Groundwater discharge permit fees...................................................................... 217,700
Laboratory services fees..................................................................................... 309,100
Land and water permit fees................................................................................. 646,800
Medical waste emergency response
fund.............................................................. 18,200
Metallic mining surveillance fee
revenue.............................................................. 5,200
Mineral well regulatory fee
revenue..................................................................... 9,100
Nonferrous metallic mineral
surveillance............................................................. 800
NPDES fees...................................................................................................... 278,400
Oil and gas regulatory fund................................................................................. 948,000
Orphan well fund............................................................................................... 53,600
Public swimming pool fund................................................................................ 27,900
Public utility assessments................................................................................... 21,400
Public water supply fees..................................................................................... 291,400
Refined petroleum fund...................................................................................... 2,652,600
Retired engineers technical
assistance program..................................................... 7,000
Sand extraction fee revenue................................................................................ 4,300
Scrap tire regulatory fund................................................................................... 175,600
Septage waste program fund............................................................................... 20,500
Settlement funds................................................................................................ 427,000
Sewage sludge land application
fees.................................................................... 125,800
Small business pollution
prevention revolving loan fund........................................ 19,700
Soil erosion and sedimentation
control training fund.............................................. 19,100
Solid waste management fund -
staff account........................................................ 371,400
Stormwater permit fees...................................................................................... 266,400
Wastewater operator training fees........................................................................ 35,000
Water use reporting fees..................................................................................... 25,000
State general fund/general purpose...................................................................... $ 7,462,300
[Please see the PDF version of this journal, if available, to view this image.]
Sec. 103. OFFICE OF THE GREAT LAKES
Full-time equated classified
positions.......................................................... 23.0
Coastal management grants................................................................................ $ 1,250,000
Great Lakes restoration initiative 11.0
FTE positions.......................................... 8,444,800
Office of the Great Lakes 12.0 FTE
positions..................................................... 2,263,100
GROSS APPROPRIATION............................................................................... $ 11,957,900
Appropriated from:
Federal revenues:
Federal funds.................................................................................................... 10,510,400
Special revenue funds:
Great Lakes protection fund................................................................................ 506,600
State general fund/general purpose...................................................................... $ 940,900
Sec. 104. WATER RESOURCES DIVISION
Full-time equated classified
positions........................................................ 312.0
Aquatic nuisance control program 6.0
FTE positions.......................................... $ 948,400
Expedited water/wastewater permits 1.0
FTE position........................................ 52,200
Federal - Great Lakes remedial
action plan grants................................................. 583,800
Federal - nonpoint source water
pollution grants................................................... 4,083,300
Fish contaminant monitoring.............................................................................. 316,100
Great Lakes restoration initiative......................................................................... 6,252,100
Groundwater discharge permit program 22.0
FTE positions................................. 3,286,400
Land and water interface permit
programs 82.0 FTE positions............................. 12,037,700
Nonpoint source pollution
prevention and control project
program.......................... 2,000,000
NPDES nonstormwater program 83.0
FTE positions........................................... 13,467,800
Program direction and project
assistance 27.0 FTE positions............................... 3,164,500
Surface water 51.5 FTE positions..................................................................... 9,392,300
Sewage sludge land application
program 7.0 FTE positions................................. 859,600
Stormwater activities 27.5 FTE
positions........................................................... 5,100,000
Technology advancements for water
monitoring................................................... 500,000
Water quality protection grants........................................................................... 100,000
Water withdrawal assessment
program 5.0 FTE positions.................................... 829,200
Wetlands program............................................................................................. 1,000,000
GROSS APPROPRIATION............................................................................... $ 63,973,400
Appropriated from:
Interdepartmental grant revenues:
IDG, MDOT - Michigan
transportation fund......................................................... 1,296,900
Federal revenues:
Federal funds.................................................................................................... 26,967,200
Special revenue funds:
Aquatic nuisance control fund............................................................................. 948,400
Clean Michigan initiative - clean
water fund......................................................... 2,617,100
Clean Michigan initiative -
nonpoint source.......................................................... 2,000,000
Environmental response fund.............................................................................. 1,404,800
Groundwater discharge permit fees...................................................................... 1,479,900
Infrastructure construction fund........................................................................... 52,200
Land and water permit fees................................................................................. 2,359,400
NPDES fees...................................................................................................... 4,234,300
Refined petroleum fund...................................................................................... 445,900
Sewage sludge land application
fees.................................................................... 859,600
Soil erosion and sedimentation
control training fund.............................................. 143,200
Stormwater permit fees...................................................................................... 2,171,400
Wastewater operator training fees........................................................................ 293,200
Water pollution control revolving
fund................................................................ 146,800
Water quality protection fund.............................................................................. 100,000
Water use reporting fees..................................................................................... 253,400
State general fund/general purpose...................................................................... $ 16,199,700
[Please see the PDF version of this journal, if available, to view this image.]
Sec. 105. LAW ENFORCEMENT
Full-time equated classified
positions.......................................................... 15.0
Environmental investigations 15.0
FTE positions............................................... $ 3,035,700
GROSS APPROPRIATION............................................................................... $ 3,035,700
Appropriated from:
Federal revenues:
Federal funds.................................................................................................... 575,800
Special revenue funds:
Air emissions fees............................................................................................. 58,000
Campground fund.............................................................................................. 2,100
Cleanup and redevelopment fund........................................................................ 192,500
Electronic waste recycling fund........................................................................... 1,600
Environmental pollution prevention
fund............................................................. 265,400
Environmental response fund.............................................................................. 41,900
Fees and collections........................................................................................... 4,100
Financial instruments......................................................................................... 532,800
Groundwater discharge permit fees...................................................................... 19,600
Laboratory services fees..................................................................................... 35,600
Land and water permit fees................................................................................. 79,900
Medical waste emergency response
fund.............................................................. 2,400
Metallic mining surveillance fee
revenue.............................................................. 700
Mineral well regulatory fee
revenue..................................................................... 1,200
NPDES fees...................................................................................................... 33,100
Oil and gas regulatory fund................................................................................. 89,300
Orphan well fund............................................................................................... 7,100
Public swimming pool fund................................................................................ 3,700
Public utility assessments................................................................................... 2,000
Public water supply fees..................................................................................... 27,300
Refined petroleum fund...................................................................................... 375,800
Sand extraction fee revenue................................................................................ 600
Scrap tire regulatory fund................................................................................... 30,200
Septage waste program fund............................................................................... 2,700
Sewage sludge land application
fees.................................................................... 11,700
Small business pollution
prevention revolving loan fund........................................ 2,600
Soil erosion and sedimentation
control training fund.............................................. 2,600
Solid waste management fund -
staff account........................................................ 42,400
Stormwater permit fees...................................................................................... 18,300
Wastewater operator training fees........................................................................ 4,600
Water use reporting fees..................................................................................... 3,100
State general fund/general purpose...................................................................... $ 565,000
Sec. 106. AIR QUALITY DIVISION
Full-time equated classified
positions........................................................ 187.0
Air quality programs 187.0 FTE
positions......................................................... $ 29,944,100
GROSS APPROPRIATION............................................................................... $ 29,944,100
Appropriated from:
Federal revenues:
Federal funds.................................................................................................... 7,392,300
Special revenue funds:
Air emissions fees............................................................................................. 10,340,700
Fees and collections........................................................................................... 205,400
Oil and gas regulatory fund................................................................................. 142,400
Public utility assessments................................................................................... 150,000
Refined petroleum fund...................................................................................... 3,697,100
State general fund/general purpose...................................................................... $ 8,016,200
Sec. 107. REMEDIATION AND
REDEVELOPMENT DIVISION
Full-time equated classified
positions........................................................ 308.0
Contaminated site investigations,
cleanup, and revitalization 130.0
FTE positions.. $ 15,480,500
Emergency cleanup actions................................................................................. 2,000,000
Environmental cleanup support........................................................................... 1,000,000
[Please see the PDF version of this journal, if available, to view this image.]
Federal cleanup project management 40.0 FTE
positions..................................... 7,163,300
Laboratory services 39.0 FTE
positions............................................................. 6,471,000
Refined petroleum product cleanup
program 99.0 FTE positions.......................... 34,849,000
Superfund cleanup............................................................................................. 1,000,000
GROSS APPROPRIATION............................................................................... $ 67,963,800
Appropriated from:
Federal revenues:
Federal funds.................................................................................................... 6,480,300
Special revenue funds:
Private funds..................................................................................................... 192,500
Cleanup and redevelopment fund........................................................................ 17,641,200
Community pollution prevention
fund.................................................................. 1,000,000
Environmental protection fund............................................................................ 107,000
Environmental response fund.............................................................................. 2,864,800
Laboratory services fees..................................................................................... 6,153,200
Landfill maintenance trust fund........................................................................... 31,000
Public water supply fees..................................................................................... 317,800
Refined petroleum fund...................................................................................... 32,765,900
Revitalization revolving loan fund....................................................................... 103,100
State general fund/general purpose...................................................................... $ 307,000
Sec. 108. UNDERGROUND STORAGE TANK
AUTHORITY
Full-time equated classified
positions............................................................ 5.0
Underground storage tank cleanup
program 5.0 FTE positions............................. $ 20,044,300
GROSS APPROPRIATION............................................................................... $ 20,044,300
Appropriated from:
Special revenue funds:
Underground storage tank cleanup
fund............................................................... 20,044,300
State general fund/general purpose...................................................................... $ 0
Sec. 109. RENEWING MICHIGAN S ENVIRONMENT
Full-time equated classified
positions........................................................ 133.0
Mapping and other support 5.0 FTE
positions.................................................... $ 4,300,000
Renew Michigan program 128.0 FTE
positions.................................................. 69,000,000
GROSS APPROPRIATION............................................................................... $ 73,300,000
Appropriated from:
Special revenue funds:
Renew Michigan fund........................................................................................ 69,000,000
State general fund/general purpose...................................................................... $ 4,300,000
Sec. 110. INFORMATION TECHNOLOGY
Information technology services
and projects........................................................ $ 9,679,200
GROSS APPROPRIATION............................................................................... $ 9,679,200
Appropriated from:
Interdepartmental grant revenues:
IDG, MDOT - Michigan
transportation fund......................................................... 86,100
IDG from department of state
police.................................................................... 25,800
Federal revenues:
Federal funds.................................................................................................... 1,838,700
Special revenue funds:
Air emissions fees............................................................................................. 680,500
Campground fund.............................................................................................. 8,400
Cleanup and redevelopment fund........................................................................ 808,900
Electronic waste recycling fund........................................................................... 6,500
Environmental pollution prevention
fund............................................................. 469,100
Environmental protection fund............................................................................ 87,400
Environmental response fund.............................................................................. 169,100
Financial instruments......................................................................................... 1,653,500
Great Lakes protection fund................................................................................ 25,000
Groundwater discharge permit fees...................................................................... 76,700
[Please see the PDF version of this journal, if available, to view this image.]
Laboratory services fees..................................................................................... 139,100
Land and water permit fees................................................................................. 271,300
Medical waste emergency response
fund.............................................................. 10,000
Metallic mining surveillance fee
revenue.............................................................. 2,700
Mineral well regulatory fee
revenue..................................................................... 4,900
Nonferrous metallic mineral
surveillance............................................................. 300
NPDES fees...................................................................................................... 143,900
Oil and gas regulatory fund................................................................................. 333,500
Orphan well fund............................................................................................... 29,500
Public swimming pool fund................................................................................ 15,100
Public utility assessments................................................................................... 7,900
Public water supply fees..................................................................................... 151,100
Refined petroleum fund...................................................................................... 1,748,700
Sand extraction fee revenue................................................................................ 2,300
Scrap tire regulatory fund................................................................................... 64,300
Septage waste program fund............................................................................... 11,300
Sewage sludge land application
fees.................................................................... 22,900
Small business pollution
prevention revolving loan fund........................................ 10,700
Soil erosion and sedimentation
control training fund.............................................. 10,400
Solid waste management fund -
staff account........................................................ 174,700
Stormwater permit fees...................................................................................... 70,900
Wastewater operator training fees........................................................................ 19,200
Water pollution control revolving
fund................................................................ 7,400
Water use reporting fees..................................................................................... 13,300
State general fund/general purpose...................................................................... $ 478,100
Sec. 111. CLIMATE AND ENERGY
Full-time equated classified positions.......................................................... 21.0
Office of climate and energy 21.0
FTE positions................................................ $ 7,192,500
GROSS APPROPRIATION............................................................................... $ 7,192,500
Appropriated from:
Federal revenues:
Federal funds.................................................................................................... 3,810,200
Special revenue funds:
Private funds..................................................................................................... 140,000
Public utility assessments................................................................................... 2,188,700
Retired engineers technical
assistance program..................................................... 491,200
State general fund/general purpose...................................................................... $ 562,400
Sec. 112. DRINKING WATER AND
ENVIRONMENTAL HEALTH
Full-time equated classified
positions........................................................ 125.0
Drinking water 68.0 FTE positions................................................................... $ 11,650,600
Environmental health 57.0 FTE
positions.......................................................... 7,052,700
Drinking water program grants............................................................................ 830,000
Noncommunity water grants............................................................................... 1,905,700
Septage waste compliance grants......................................................................... 275,000
GROSS APPROPRIATION............................................................................... $ 21,714,000
Appropriated from:
Federal revenues:
Federal funds.................................................................................................... 10,417,100
Special revenue funds:
Campground fund.............................................................................................. 302,300
Fees and collections........................................................................................... 34,500
Public swimming pool fund................................................................................ 618,800
Public water supply fees..................................................................................... 4,270,300
Refined petroleum fund...................................................................................... 721,400
Septage waste program fund............................................................................... 496,100
Wastewater operator training fees........................................................................ 256,600
State general fund/general purpose...................................................................... $ 4,596,900
[Please see the PDF version of this journal, if available, to view this image.]
Sec. 113. MATERIALS MANAGEMENT DIVISION
Full-time equated classified
positions........................................................ 118.0
Hazardous waste management program 45.0
FTE positions................................. $ 6,977,000
Low-level radioactive waste
authority 2.0 FTE positions..................................... 238,700
Medical waste program 2.0 FTE
positions......................................................... 313,600
Pollution prevention 7.0 FTE positions.............................................................. 2,289,400
Radiological protection program 12.0
FTE positions........................................... 2,004,600
Recycling initiative 3.0 FTE
positions............................................................... 1,000,000
Scrap tire grants................................................................................................ 3,500,000
Scrap tire regulatory program 10.0
FTE positions............................................... 1,356,900
Solid waste management program 37.0
FTE positions......................................... 5,292,400
GROSS APPROPRIATION............................................................................... $ 22,972,600
Appropriated from:
Interdepartmental grant revenues:
IDG from department of state
police.................................................................... 1,691,300
Federal revenues:
Federal funds.................................................................................................... 4,033,500
Special revenue funds:
Private funds..................................................................................................... 505,200
Cleanup and redevelopment fund........................................................................ 1,000,000
Coal ash care fund............................................................................................. 260,000
Community pollution prevention
fund.................................................................. 250,000
Electronic waste recycling fund........................................................................... 316,300
Environmental pollution prevention
fund............................................................. 4,406,600
Medical waste emergency response
fund.............................................................. 313,600
Public utility assessments................................................................................... 238,700
Scrap tire regulatory fund................................................................................... 4,856,900
Small business pollution
prevention revolving loan fund........................................ 134,400
Solid waste management fund -
staff account........................................................ 4,716,100
Technologically enhanced naturally
occurring radioactive material......................... 250,000
State general fund/general purpose...................................................................... $ 0
Sec. 114. OIL, GAS, AND MINERALS
DIVISION
Full-time equated classified
positions.......................................................... 57.0
Oil, gas, and mineral services 57.0
FTE positions............................................... $ 11,011,900
GROSS APPROPRIATION............................................................................... $ 11,011,900
Appropriated from:
Special revenue funds:
Metallic mining surveillance fee
revenue.............................................................. 92,500
Mineral well regulatory fee
revenue..................................................................... 208,000
Native copper mine fund.................................................................................... 50,000
Nonferrous metallic mineral
surveillance............................................................. 369,100
Oil and gas regulatory fund................................................................................. 5,818,000
Orphan well fund............................................................................................... 4,239,600
Sand extraction fee revenue................................................................................ 85,800
State general fund/general purpose...................................................................... $ 148,900
Sec. 115. WATER INFRASTRUCTURE
Full-time equated classified
positions.......................................................... 29.0
Municipal assistance 29.0 FTE
positions........................................................... $ 4,919,800
Water state revolving funds................................................................................ 120,000,000
GROSS APPROPRIATION............................................................................... $ 124,919,800
Appropriated from:
Federal revenues:
Federal funds.................................................................................................... 103,184,600
Special revenue funds:
Revolving loan revenue bonds............................................................................ 15,000,000
Strategic water quality
initiatives fund................................................................. 1,220,500
Water pollution control revolving
fund................................................................ 514,700
State general fund/general purpose...................................................................... $ 5,000,000
[Please see the PDF version of this journal, if available, to view this image.]
Sec. 116. ONE-TIME APPROPRIATIONS
Drinking water declaration of
emergency............................................................. $ 100
Lead and copper rule
implementation.................................................................. 30,000,000
PFAS and emerging contaminants....................................................................... 40,000,000
Drinking water revolving fund loan
forgiveness.................................................... 35,000,000
Private well testing............................................................................................ 7,500,000
Affordability and planning.................................................................................. 7,500,000
GROSS APPROPRIATION............................................................................... $ 120,000,100
Appropriated from:
Special revenue funds:
Drinking water declaration of
emergency reserve fund........................................... 100
State general fund/general purpose...................................................................... $ 120,000,000
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
FOR FISCAL YEAR 2019-2020
GENERAL SECTIONS
Sec. 201. Pursuant to section 30
of article IX of the state constitution of 1963, total state spending from
state sources under part 1 for the fiscal year ending September 30, 2020 is
$436,492,500.00 and state spending from state sources to be paid to local units
of government for the fiscal year ending September 30, 2020 is $19,646,000. The
itemized statement below identifies appropriations from which spending to local
units of government will occur:
DEPARTMENT OF ENVIRONMENT, GREAT LAKES, AND ENERGY
Surface water.................................................................................................... $ 160,000
Technology advancements for water
monitoring................................................... 500,000
Drinking water program grants............................................................................ 600,000
Medical waste program...................................................................................... 70,000
Noncommunity water grants............................................................................... 1,830,000
Pollution prevention........................................................................................... 250,000
Recycling initiative............................................................................................ 500,000
Scrap tire grants................................................................................................. 500,000
Septage waste compliance grants......................................................................... 120,000
Emergency cleanup actions................................................................................. 116,000
Renewing Michigan s environment..................................................................... 15,000,000
TOTAL............................................................................................................ $ 19,646,000
Sec. 202. The appropriations
authorized under this part and part 1 are subject to the management and budget
act, 1984 PA 431,
Sec. 203. As used in this part and
part 1:
(a) Department means the
department of environment, Great Lakes, and energy.
(b) Director means the director
of the department.
(c)
(d)
(e) NPDES means national
pollution discharge elimination system.
Sec. 204. The departments and
agencies receiving appropriations in part 1 shall use the internet to fulfill
the reporting requirements of this part. This requirement may include
transmission of reports via electronic mail to the recipients identified for
each reporting requirement, or it may include placement of reports on an
internet or intranet site.
Sec. 205. Funds appropriated in
part 1 shall not be used for the purchase of foreign goods or services, or
both, if competitively priced and of comparable quality American goods or
services, or both, are available. Preference shall be given to goods or
services, or both, manufactured or provided by Michigan businesses if they are
competitively priced and of comparable quality. In addition, preference shall
be given to goods or services, or both, that are manufactured or provided by
Michigan businesses owned and operated by veterans, if they are competitively
priced and of comparable quality.
Sec. 206. The 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. 207. The
departments and agencies receiving appropriations in part 1 shall prepare a
report on out‑of‑state travel expenses not later than January 1 of
each year. The travel report shall be a listing of all travel by classified and
unclassified employees outside this state in the immediately preceding fiscal
year that was funded in whole or in part with funds appropriated in the
department s budget. The report shall be submitted to the house and senate
appropriations committees, the house and senate fiscal agencies, and the state
budget director. The report shall include the following information:
(a) The dates of each travel
occurrence.
(b) The total transportation and
related costs of each travel occurrence, including the proportion funded with
state general fund/general purpose revenues, the proportion funded with state
restricted revenues, the proportion funded with federal revenues, and the
proportion funded with other revenues.
Sec. 208. Funds appropriated in
part 1 shall not be used by 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. 209. Not later than November
30, the state budget office shall prepare and transmit a report that provides
for estimates of the total general fund/general purpose appropriation lapses at
the close of the prior fiscal year. This report shall summarize the projected
year-end general fund/general purpose appropriation lapses by major departmental
program or program areas. The report shall be transmitted to the chairpersons
of the senate and house appropriations committees and the senate and house
fiscal agencies.
Sec. 210. In addition to the funds
appropriated in part 1, there is appropriated an amount not to exceed
$3,000,000.00 for state restricted contingency funds. These funds are not
available for expenditure until they have been transferred to another line item
in part 1 under section 393(2) of the management and budget act, 1984 PA 431,
Sec. 211. The department shall
cooperate with the department of technology, management, and budget to maintain
a searchable website accessible by the public at no cost that includes, but is
not limited to, all of the following for each department or agency:
(a) Fiscal year-to-date
expenditures by category.
(b) Fiscal year-to-date
expenditures by appropriation unit.
(c) Fiscal year-to-date payments
to a selected vendor, including the vendor name, payment date, payment amount,
and payment description.
(d) The number of active
department employees by job classification.
(e) Job specifications and wage
rates.
Sec. 212. Within 14 days after the
release of the executive budget recommendation, the department shall cooperate
with the state budget office to provide the senate and house appropriations
chairs, the 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, 2019 and September
30, 2020.
Sec. 213. The department shall
maintain, on a publicly accessible website, a department scorecard that
identifies, tracks, and regularly updates key metrics that are used to monitor
and improve the agency s performance.
Sec. 214. Total authorized
appropriations from all sources under part 1 for legacy costs for the fiscal
year ending September 30, 2020 are estimated at $31,893,100.00. From this
amount, total agency appropriations for pension-related legacy costs are
estimated at $15,504,000.00. Total agency appropriations for retiree health
care legacy costs are estimated at $16,389,100.00.
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 cleanups, emergency actions, superfund
cleanups, 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,
(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 by September 30, 2020.
(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 section 20108c
of the natural resources and environmental protection act, 1994 PA 451,
(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,
(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 appro priations to meet funding needs of legislatively
approved sites for the environmental cleanup and redevelopment program,
the refined petroleum product cleanup program, brownfield grants and loans,
waterfront grants, and the environmental bond site reclamation program.
(2) Unexpended and unencumbered
amounts remaining from appropriations from the environmental protection bond
fund contained in 2003 PA 173, 2005 PA 109, 2006 PA 343, 2011 PA 63,
and 2012 PA 236 are appropriated for expenditure for any site listed in
this part and part 1 and any site listed in the public acts referenced in this
section.
(3) Unexpended and unencumbered
amounts remaining from appropriations from the clean Michigan initiative fund -
response activities contained in 2000 PA 52, 2004 PA 309, 2005 PA 11,
2006 PA 343, 2007 PA 121, 2011 PA 63,
2013 PA 59, 2014 PA 252, 2015 PA 84, 2016 PA 268, and 2017 PA 107
are appropriated for expenditure for any site listed in this part and
part 1 and any site listed in the public acts referenced in this section.
(4) Unexpended and unencumbered
amounts remaining from appropriations from the refined petroleum fund
activities contained in 2007 PA 121, 2008 PA 247, 2009 PA 118,
2010 PA 189, 2011 PA 63, 2012 PA 200,
2013 PA 59, 2014 PA 252, 2015 PA 84, 2016 PA 268, 2017 PA 107,
and 2018 PA 207 are appropriated for expenditure for any site
listed in this part and part 1 and any site listed in the public acts
referenced in this section.
(5) Unexpended and unencumbered
amounts remaining from the appropriations from the strategic water quality
initiatives fund contained in 2011 PA 50, 2011 PA 63, 2012 PA 200,
2013 PA 59, 2014 PA 252, 2015 PA 84, 2016 PA 268, 2017 PA 107,
and 2018 PA 207 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. 220. The department shall
not take disciplinary action against an employee for communicating with a
member of the legislature or his or her staff.
Sec. 221. (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,
(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,
(b) Small business means that
term as defined under section 7a of the administrative procedures act of
1969, 1969 PA 306,
Sec. 235. The department shall
prepare an annual report to the legislature by March 31 that details all of the
following for each of the allocations from the clean Michigan initiative bond
fund as described in section 19607(1)(a) to (i) of the natural resources
and environmental protection act, 1994 PA 451, MCL 324.19607:
(a) The progress of each project
funded in each category.
(b) The current cost to date of
each project funded in each category.
(c) The estimated remaining cost
of each project funded in each category.
(d) The remaining balance of
money in the fund allocated for each category.
(e) The total debt obligation on
all clean Michigan initiative bonds and the length of time remaining until full
bond repayment is achieved.
Sec. 236.
The department shall provide a report detailing the expenditure of departmental
funds appropriated in 2015 PA 143, 2016 PA 3, 2016 PA 268, and 2016 PA 340.
The report shall include the following:
(a) The names and locations of
entities receiving funds.
(b) The purpose for each
expenditure.
(c) The status of programs
supported by this funding.
(d) A brief description of how
related problems have been or will be resolved if expenditures are made for
immediate response.
(e) The job titles and number of
departmental FTEs engaged in the Flint declaration of emergency response
effort.
Sec. 237. From the funds
appropriated in part 1, the department shall be responsible for the necessary
and reasonable attorney fees and costs incurred by private and independent
legal counsel chosen by current and former classified and unclassified
department employees in the defense of the department employees named as a
party in any state or federal lawsuits or investigations related to the city of
Flint municipal water system.
Sec. 238. From funds
appropriated in part 1, the department shall post the following on the
department s publicly accessible website:
(a) By November 1, a report
listing each fee the department assessed during the previous fiscal year. The
report shall include the dollar amount of each fee, the amount of revenue that
was projected to be received from each fee at the beginning of the previous
fiscal year, and the actual revenue received for each fee. If the actual
revenue for a particular fee is not available by November 1, the department may
use an unaudited or estimated figure and indicate it as such in the report.
(b) By November 1, a report
listing all fees currently assessed by the department. The report shall include
the dollar amount of each fee, projected revenue for each fee, and the program
areas within the department that each fee will support. The report shall also
list the fund into which each fee is deposited. By May 1, the department shall
update this report with year-to-date revenue for each fee.
(c) By November 1, a report
listing all federal and state fund sources utilized by the department during
the previous fiscal year. The report shall include the amount of revenue that
was projected to be received from each fund source at the beginning of that
fiscal year, the current balance of each fund source, and the actual revenue
received for each fund source during that fiscal year. If actual revenue for a
particular fund or the actual balance of a particular fund is not available by
November 1, the department may use an unaudited or estimated figure and
indicate it as such in the report.
(d) By November 1, a report
listing the federal and state fund sources that will be utilized by the
department during the current fiscal year. The report shall contain the
following for each fund source: an estimate of revenue that will be collected
during the fiscal year, the balance of the fund source at the beginning of the
fiscal year, and the program areas within the department that each fund source
will support. If the actual fund balance is not available on November 1, the
department may use an unaudited or estimated figure and indicate it as such in
the report. By May 1, the department shall update this report with year-to-date
figures for each item in the report, and include year-to-date revenue for each
fund source.
(e) Any audits conducted on
department programs or funds.
Sec. 239. From the funds
appropriated in part 1 for central support services, not more than $150,000.00
is designated for the chair of the environmental rules review committee to
contract with consultants pursuant to section 65 of the administrative
procedures act of 1969, 1969 PA 306, MCL 24.265, to assist with business
before the committee.
REMEDIATION AND REDEVELOPMENT DIVISION
Sec. 301. Revenues remaining in
the laboratory services fees fund at the end of the fiscal year shall carry
forward into the succeeding fiscal year.
Sec. 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,
Sec. 306. (1) The funds
appropriated in part 1 for the refined petroleum cleanup program shall be used
to fund corrective actions performed by the department pursuant to section 21320
of the natural resources and environmental protection act, 1994 PA 451,
MCL 324.21320.
(2) By
January 1, the department shall provide a report to the house and senate
subcommittees on environmental quality and the state budget director on the
refined petroleum product cleanup program containing the following information:
(a) A list of sites the
department intends to work on during the current fiscal year, including the
fiscal year the project began.
(b) A list of sites at which the
department performed corrective actions during the previous fiscal year.
(c) A list of sites the
department closed during the previous fiscal year.
Sec. 308. 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, 2022.
Sec. 310. (1) Upon approval by
the state budget director, the department may expend from the general fund of
the state an amount to meet the cash-flow requirements of projects funded under
any of the following that are financed from bond proceeds and for which bonds
have been authorized but not yet issued:
(a) Part 52 of the natural
resources and environmental protection act, 1994 PA 451, MCL 324.5201 to
324.5206.
(b) Part 193 of the natural
resources and environmental protection act, 1994 PA 451, MCL 324.19301 to
324.19306.
(c) Part 196 of the natural
resources and environmental protection act, 1994 PA 451, MCL 324.19601 to
324.19616.
(2) Upon the sale of bonds for
projects described in subsection (1), the department shall credit the
general fund of the state an amount equal to that expended from the general
fund.
WATER RESOURCES DIVISION
Sec. 405. If a certified health
department does not exist in a city, county, or district or does not fulfill
its responsibilities under part 117 of the natural resources and environmental
protection act, 1994 PA 451,
Sec. 410. From the funds
appropriated in part 1, the department shall compile a report on the status of
the implementation plan for the western Lake Erie basin collaborative
agreement. In an effort to learn more about the presence and timing of harmful
algal blooms, the report shall contain all of the following:
(a) An estimated cost of removal
of total phosphorus per pound at the 4 major wastewater treatment plants.
(b) A description of the grants
that have been awarded.
(c) A description of the work
that has commenced on the issue of dissolved reactive phosphorus, the expected
objectives and outcomes of that work, and a list of the parties involved in
that effort.
(d) A description of the efforts
and outcomes aimed at the total phosphorus reduction for the River Raisin
watershed.
Sec. 412. (1) From the funds
appropriated in part 1 for surface water, $675,000.00 in grant funds shall be awarded to watershed councils for education,
administration, and conservation efforts. A grant to an individual
watershed council shall not exceed $40,000.00.
(2) On or before April 1, the
department shall transmit to the appropriations subcommittees, the fiscal
agencies, and the state budget office and post on the department s website a
report on the previous calendar year s activities of the watershed grant program.
The report shall include a list of all grantees and award amounts.
Sec. 413. From funds
appropriated in part 1 for surface water, $150,000.00 is allocated to the
continuation of the department s contract for the cooperative lakes monitoring program
to ensure the continued operation of the program.
RENEWING MICHIGAN S ENVIRONMENT
Sec. 503.
From the funds appropriated in part 1 for renewing Michigan s environment
program, $500,000.00 is allocated for the Michigan geological survey.
CLIMATE AND ENERGY
Sec. 601. The department shall
enter into a memorandum of understanding with the public service commission to
outline the responsibilities to be served by the office of climate and energy.
UNDERGROUND STORAGE TANK AUTHORITY
Sec. 701. The unexpended funds
appropriated in part 1 for the underground storage tank cleanup program are
designated as a work project appropriation, and any unencumbered or unallotted
funds shall not lapse at the end of the fiscal year and shall be available for
expenditures for projects under this section until the projects have been
completed. The following is in compliance with section 451a(1) of the
management and budget act, 1984 PA 431, MCL 18.1451a:
(a) The purpose of the project
is to provide contaminated site cleanup.
(b) The project will be
accomplished by contract.
(c) The total estimated cost of
the project is $20,000,000.00.
(d) The tentative completion
date is September 30, 2023.
ONE-TIME APPROPRIATIONS
Sec. 1001.
(1) From the funds appropriated in part 1 for lead and copper rule
implementation, the department shall award grants as follows:
(a) Grants for asset management
plan creation and distribution system materials inventory. A grant under this
subdivision shall not exceed $2,000.000.00.
(b) Grants for public awareness
and education efforts related to lead and other potential drinking water
contaminants. A grant to an individual water supply advisory council under this
subdivision shall not exceed $25,000.00. Not more than $1,000,000.00 shall be
allocated for grants under this subdivision.
(2) On or before April 1, the
department shall transmit to the appropriations subcommittees, the fiscal
agencies, and the state budget office and post on the department s website a
report on the previous calendar year s activities funded with lead and copper
rule implementation funds. The report shall include a list of all grantees and
award amounts.
Sec. 1002. (1) From the funds
appropriated in part 1 for PFAS and emerging contaminants, $15,000,000.00 is
allocated for a grant program for municipal airports for costs of monitoring
and additional testing related to PFAS testing results. From the remaining
funds, the department shall award grants for up to $5,000,000.00 to drinking
water systems for contaminant remediation efforts or connection to an alternate
system as well as to invest in technologies to address contaminants in public
water systems.
(2) On or before April 1, the
department shall transmit to the appropriations subcommittees, the fiscal
agencies, and the state budget office and post on the department s website a
report on the previous calendar year s activities funded with PFAS and emerging
contaminants funds. The report shall include a list of all grantees and award
amounts.
Sec. 1003. (1) From the funds
appropriated in part 1 for drinking water revolving fund loan forgiveness, the
department shall award grants for drinking water infrastructure upgrades
included in community asset management plans. An applicant is eligible for
annual grant funding for 30% of the total project cost or $2,000,000.00,
whichever is less.
(2) On or before April 1, the
department shall transmit to the appropriations subcommittees, the fiscal
agencies, and the state budget office and post on the department s website a
report on the previous calendar year s activities funded with drinking water
revolving fund loan forgiveness funds. The report shall include a list of all
grantees and award amounts.
Sec. 1004. (1) From the funds
appropriated in part 1 for affordability and planning, the department shall
award grants to communities for 1 or more of the following:
(a) To enhance asset management
plans.
(b) To develop sustainable water
rate plans.
(c) To develop watershed plans.
(2) Grants under subsection (1)
shall be awarded on a competitive basis and shall not exceed $500,000.00 for an
individual grant applicant. If a region applies on behalf of multiple community
water supplies, the maximum grant shall not exceed $2,000,000.00.
(3) On or
before April 1, the department shall transmit to the appropriations
subcommittees, the fiscal agencies, and the state budget office and post on the
department s website a report on the previous calendar year s activities funded
with affordability and planning funds. The report shall include a list of all
grantees and award amounts.
Sec. 1005. (1) From the funds
appropriated in part 1 for private well testing, the department shall award
grants to local health departments to provide free or low-cost water testing to
private well owners. Testing offered shall
include coliforms, nitrates/nitrites, arsenic, and other contaminants as
determined by application.
(2) On or before April 1, the
department shall transmit to the appropriations subcommittees, the fiscal
agencies, and the state budget office and post on the department s website a
report on the previous calendar year s activities funded with private well
testing funds. The report shall include a list of all grantees and award
amounts.
Third: That the Senate and House agree
to the title of the bill to read as follows:
A bill to make appropriations for
the department of environment, Great Lakes, and energy for the fiscal year
ending September 30, 2020; and to provide for the expenditure of the
appropriations.
Jon
Bumstead
Jim
Stamas
Conferees
for the Senate
Sue
Allor
Annette
Glenn
Conferees
for the House
The
question being on the adoption of the conference report,
Roll Call No. 245 Yeas 108
Afendoulis Filler Jones Rabhi
Albert Frederick Kahle Rendon
Alexander Garrett Kennedy Robinson
Allor Garza Koleszar Sabo
Anthony Gay-Dagnogo Kuppa Schroeder
Bellino Glenn LaFave Shannon
Berman Green LaGrand Sheppard
Bolden Greig Lasinski Slagh
Bollin Griffin Leutheuser Sneller
Brann Guerra Liberati Sowerby
Brixie Haadsma Lightner Stone
Byrd Hall Lilly Tate
Calley Hammoud Love VanSingel
Cambensy Hauck Lower VanWoerkom
Camilleri Hernandez Maddock Vaupel
Carter,
T. Hertel Manoogian Wakeman
Chatfield Hoadley Marino Warren
Cherry Hoitenga Markkanen Webber
Chirkun Hood Meerman Wendzel
Clemente Hope Miller Wentworth
Cole Hornberger Mueller Whiteford
Coleman Howell Neeley Whitsett
Crawford Huizenga O Malley Wittenberg
Eisen Iden Pagan Witwer
Elder Inman Paquette Wozniak
Ellison Johnson, C. Peterson Yancey
Farrington Johnson, S. Pohutsky Yaroch
Nays 1
Reilly
In The Chair: Wentworth
Rep.
Cole moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
By
unanimous consent the House returned to the order of
Announcement
by the Clerk of Printing and Enrollment
The Clerk announced that the
following bills and joint resolution had been reproduced and made available
electronically on Thursday, September 19:
House Bill Nos. 4995 4996 4997 4998 4999 5000 5001 5002 5003 5004 5005
House Joint Resolution N
The
Clerk announced that the following bills had been reproduced and made available
electronically on Tuesday, September 24:
Senate Bill Nos. 534 535 536 537
The
Clerk announced that the following Senate bills had been received on Tuesday,
September 24:
Reports of Standing Committees
The Committee on Health Policy,
by Rep. Vaupel, Chair, referred
House Bill No. 4325, entitled
A bill to amend 1978 PA 368,
entitled Public health code, by amending sections 18101, 18107, 18111, and
18115 (MCL 333.18101, 333.18107, 333.18111, and 333.18115), sections 18101 and
18111 as added by 1988 PA 421, section 18107 as amended by 1989 PA 262,
and section 18115 as amended by 2006 PA 429, and by adding sections
18106 and 18116.
to the Committee on Ways and
Means with the recommendation that the substitute (H-3) be adopted.
Favorable Roll
Call
To Refer:
Yeas: Reps. Vaupel, Frederick,
Alexander, Calley, Hornberger, Lower, Whiteford, Afendoulis, Filler, Mueller,
Wozniak, Liberati, Garrett, Clemente, Ellison, Koleszar, Pohutsky, Stone and
Witwer
Nays: None
The bill and substitute were
referred to the Committee on Ways and Means.
COMMITTEE ATTENDANCE REPORT
The following report, submitted
by Rep. Vaupel, Chair, of the Committee on Health Policy, was received and
read:
Meeting held on: Thursday,
September 19, 2019
Present: Reps. Vaupel, Frederick,
Alexander, Calley, Hornberger, Lower, Whiteford, Afendoulis, Filler, Mueller,
Wozniak, Liberati, Garrett, Clemente, Ellison, Koleszar, Pohutsky, Stone and
Witwer
COMMITTEE ATTENDANCE REPORT
The following report, submitted
by Rep. Hornberger, Chair, of the Committee on Education, was received and
read:
Meeting held on: Tuesday,
September 24, 2019
Present: Reps. Hornberger,
Paquette, Crawford, Vaupel, Reilly, Hall, Markkanen, O Malley, Wakeman,
Camilleri, Sowerby, Tyrone Carter, Koleszar and Stone
Absent: Rep. Brenda Carter
Excused: Rep. Brenda Carter
COMMITTEE ATTENDANCE REPORT
The
following report, submitted by Rep. Filler, Chair, of the Committee on
Judiciary, was received and read:
Meeting held on: Tuesday,
September 24, 2019
Present: Reps. Filler, LaFave,
Farrington, Howell, Steven Johnson, Rendon, Berman, Wozniak, LaGrand, Guerra,
Elder, Yancey and Bolden
Communications from State Officers
The following communications from
the Secretary of State were received and read:
Notices of Filing
Administrative Rules
June 4, 2019
In
accordance with the requirements of Section 46 of Act No. 306 of the Public
Acts of 1969, being MCL 24.246, and
paragraph 16 of Executive Order 1995-6, this is to advise you that the Michigan
Office of Admin istrative Hearings and Rules filed Administrative Rule
#2019-005-LR (Secretary of State Filing #19‑06-01) on this date at 3:00
P.M. for the Department of Licensing and Regulatory Affairs entitled, General
Industry Safety and Health Standard, Part 6. Fire Exits.
These
rules take effect immediately upon filing with the Secretary of State unless
adopted under section 33, 44, or 45a(6) of the administrative procedures
act of 1969, 1969 PA 306, MCL 24.233, 24.244, or 24.245a. Rules adopted
under these sections become effective 7 days after filing with the Secretary of
State.
June 4, 2019
In
accordance with the requirements of Section 46 of Act No. 306 of the Public
Acts of 1969, being MCL 24.246, and
paragraph 16 of Executive Order 1995-6, this is to advise you that the Michigan
Office of Admin istrative Hearings and Rules filed Administrative Rule
#2019-006-LR (Secretary of State Filing #19‑06-02) on this date at 3:00
P.M. for the Department of Licensing and Regulatory Affairs entitled, General
Industry Safety and Health Standard, Part 7. Guards for Power Transmission.
These
rules take effect immediately upon filing with the Secretary of State unless
adopted under section 33, 44, or 45a(6) of the administrative procedures
act of 1969, 1969 PA 306, MCL 24.233, 24.244, or 24.245a. Rules adopted
under these sections become effective 7 days after filing with the Secretary of
State.
June 4, 2019
In
accordance with the requirements of Section 46 of Act No. 306 of the Public
Acts of 1969, being MCL 24.246, and
paragraph 16 of Executive Order 1995-6, this is to advise you that the Michigan
Office of Admin istrative Hearings and Rules filed Administrative Rule
#2019-007-LR (Secretary of State Filing #19‑06-03) on this date at 3:00
P.M. for the Department of Licensing and Regulatory Affairs entitled, General
Industry Safety and Health Standard, Part 14, Conveyors.
These
rules take effect immediately upon filing with the Secretary of State unless
adopted under section 33, 44, or 45a(6) of the administrative procedures
act of 1969, 1969 PA 306, MCL 24.233, 24.244, or 24.245a. Rules adopted
under these sections become effective 7 days after filing with the Secretary of
State.
June 4, 2019
In
accordance with the requirements of Section 46 of Act No. 306 of the Public
Acts of 1969, being MCL 24.246, and
paragraph 16 of Executive Order 1995-6, this is to advise you that the Michigan
Office of Admin istrative Hearings and Rules filed Administrative Rule
#2019-008-LR (Secretary of State Filing #19‑06-04) on this date at 2:59
P.M. for the Department of Licensing and Regulatory Affairs entitled, General
Industry Safety and Health Standard, Part 17, Refuse Packer Units.
These
rules take effect immediately upon filing with the Secretary of State unless
adopted under section 33, 44, or 45a(6) of the administrative procedures
act of 1969, 1969 PA 306, MCL 24.233, 24.244, or 24.245a. Rules adopted
under these sections become effective 7 days after filing with the Secretary of
State.
Sincerely,
Jocelyn
Benson
Secretary
of State
Robin
L. Houston, Departmental Supervisor
Office
of the Great Seal
The communications were referred
to the Clerk.
Introduction of Bills
Reps. Rabhi, Hood, Pohutsky,
LaGrand, Pagan, Haadsma, Brixie, Wittenberg, Kuppa, Lasinski, Sabo, Sowerby,
Cynthia Johnson, Love, Warren, Stone, Anthony, Gay-Dagnogo and Peterson
introduced
House Bill No. 5006, entitled
A bill to amend 1994 PA 451, entitled Natural
resources and environmental protection act, by amending the heading of part
163 and sections 16301 and 16303 (MCL 324.16301 and 324.16303) and by adding
sections 16304, 16305, 16306, 16307, and 16308.
The bill was read a first time by its title
and referred to the Committee on Natural Resources and Outdoor Recreation.
House Bill No. 5007, entitled
A bill to amend 1994 PA 451, entitled Natural resources and
environmental protection act, (MCL 324.101 to 324.90106) by adding section 16309.
The bill was read a first time by its title and referred to the
Committee on Natural Resources and Outdoor Recreation.
Reps. Lower, Eisen, Frederick, Albert and
Paquette introduced
House Bill No. 5008, entitled
A bill to amend 1953 PA 232,
entitled Corrections code of 1953, (MCL 791.201 to 791.285) by adding section 63b.
The bill was read a first time by
its title and referred to the Committee on Local Government and Municipal
Finance.
House Bill No. 5009, entitled
A bill to amend 1984 PA 431, entitled The
management and budget act, (MCL 18.1101 to 18.1594) by adding section 241d.
The bill was read a first time by its title
and referred to the Committee on Commerce and Tourism.
Reps. Marino, Hornberger, Paquette and Yaroch
introduced
House Bill No. 5010, entitled
A bill to amend 1954 PA 116, entitled Michigan
election law, by amending section 362 (MCL 168.362), as amended by 1980 PA 112.
The bill was read a first time by its title
and referred to the Committee on Elections and Ethics.
Reps. Yaroch, Marino, Hornberger and Paquette
introduced
House Bill No. 5011, entitled
A bill to amend 1846 RS 16, entitled Of the
powers and duties of townships, the election and duties of township officers,
and the division of townships, by amending section 1b (MCL 41.1b), as
added by 1989 PA 77.
The bill was read a first time by its title
and referred to the Committee on Elections and Ethics.
Reps. Paquette, Marino, Hornberger and Yaroch
introduced
House Bill No. 5012, entitled
A bill to amend 1954 PA 116, entitled Michigan
election law, by amending section 358 (MCL 168.358), as amended by 1999 PA 16;
and to repeal acts and parts of acts.
The bill was read a first time by its title
and referred to the Committee on Elections and Ethics.
Reps. Marino, Hornberger, Paquette and Yaroch
introduced
House Bill No. 5013, entitled
A bill to amend 1954 PA 116, entitled Michigan
election law, by amending section 370 (MCL 168.370), as amended by 2014 PA 94.
The bill was read a first time by its title
and referred to the Committee on Elections and Ethics.
House Bill No. 5014, entitled
A bill to amend 2001 PA 142, entitled Michigan
memorial highway act, (MCL 250.1001 to 250.2081) by adding section 101.
The bill was read a first time by its title
and referred to the Committee on Transportation.
Reps. Berman, LaGrand, O Malley and Bolden
introduced
House Bill No. 5015, entitled
A bill to amend 2016 PA 370, entitled Electronic
open access to government act, by amending section 1 (MCL 15.451).
The bill was read a first time by its title
and referred to the Committee on Oversight.
Reps. Lightner, Leutheuser, Yaroch and Wozniak
introduced
House Bill No. 5016, entitled
A bill to amend 1941 PA 122, entitled An
act to establish the revenue collection duties of the department of treasury;
to prescribe its powers and duties as the revenue collection agency of this
state; to prescribe certain powers and duties of the state treasurer; to
establish the collection duties of certain other state departments for money or
accounts owed to this state; to regulate the importation, stamping, and
disposition of certain tobacco products; to provide for the transfer of powers
and duties now vested in certain other state boards, commissions, departments,
and offices; to prescribe certain duties of and require certain reports from
the department of treasury; to provide procedures for the payment,
administration, audit, assessment, levy of interests or penalties on, and
appeals of taxes and tax liability; to prescribe its powers and duties if an
agreement to act as agent for a city to administer, collect, and enforce the
city income tax act on behalf of a city is entered into with any city; to
provide an appropriation; to abolish the state board of tax administration; to
prescribe penalties and provide remedies; and to declare the effect of this
act, by amending section 30a (MCL 205.30a), as amended by 2018 PA 553.
The bill was read a first time by its title
and referred to the Committee on Local Government and Municipal Finance.
Reps. Leutheuser, Yaroch, Wozniak and Lightner
introduced
House Bill No. 5017, entitled
A bill to amend 1972 PA 239,
entitled McCauley-Traxler-Law-Bowman-McNeely lottery act, by amending section 32 (MCL 432.32), as amended by
2014 PA 388.
The bill was read a first time by its title
and referred to the Committee on Local Government and Municipal Finance.
Reps. Hornberger, Marino and Yaroch introduced
House Bill No. 5018, entitled
A bill to amend 1954 PA 116, entitled Michigan
election law, by amending section 699 (MCL 168.699), as amended by 2012 PA 523.
The bill was read a first time by its title
and referred to the Committee on Elections and Ethics.
Rep. Steven Johnson introduced
House Bill No. 5019, entitled
A bill to amend 1978 PA 368, entitled Public
health code, by amending section 2226 (MCL 333.2226).
The bill was read a first time by its title
and referred to the Committee on Regulatory Reform.
By unanimous consent the House returned to the order of
Second Reading of Bills
House Bill No. 4315, entitled
A bill to amend 1931 PA 328,
entitled The Michigan penal code, by amending section 479b (MCL
750.479b), as added by 1994 PA 33.
Was read a second time, and the
question being on the adoption of the proposed substitute (H-2) previously
recommended by the Committee on Judiciary,
The
substitute (H-2) was adopted, a majority of the members serving voting
therefor.
Rep.
Mueller moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 4316, entitled
A bill to amend 1927 PA 175,
entitled The code of criminal procedure, by amending section 16x of
chapter XVII (MCL 777.16x), as amended by 2012 PA 323.
Was read a second time, and the
question being on the adoption of the proposed substitute (H-3) previously
recommended by the Committee on Judiciary,
The
substitute (H-3) was adopted, a majority of the members serving voting
therefor.
Rep.
LaGrand moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
______
Rep. Cole moved that House
Committees be given leave to meet during the balance of today s session.
The motion prevailed.
By
unanimous consent the House returned to the order of
Announcement by the Clerk of Printing and Enrollment
The Clerk announced that the
following Senate bills had been received on Tuesday, September 24:
Senate Bill Nos. 473 474 475 476
Reports of Select Committees
A bill to make appropriations for
the department of agriculture and rural development for the fiscal year ending
September 30, 2020; and to provide for the expenditure of the appropriations.
(For text of conference report,
see today s Journal, p. 1376.)
The Senate has adopted the report
of the Committee of Conference and ordered that the bill be given immediate
effect.
The bill was referred to the
Clerk for enrollment printing and presentation to the Governor.
A bill to make appropriations for
the department of corrections for the fiscal year ending September 30, 2020;
and to provide for the expenditure of the appropriations.
(For
text of conference report, see today s Journal, p. 1589.)
The Senate has adopted the report
of the Committee of Conference and ordered that the bill be given immediate
effect.
The bill was referred to the
Clerk for enrollment printing and presentation to the Governor.
A bill to make appropriations for
the department of education for the fiscal year ending September 30, 2020; and
to provide for the expenditure of the appropriations.
(For text of conference report,
see today s Journal, p. 1547.)
The Senate has adopted the report
of the Committee of Conference and ordered that the bill be given immediate effect.
The bill was referred to the
Clerk for enrollment printing and presentation to the Governor.
A bill to amend 1979 PA 94,
entitled The state school aid act of 1979, by amending sections 236, 236a,
236b, 236c, 237, 241, 245, 245a, 251, 252, 256, 263, 264, 265, 265a, 265b,
265c, 265d, 267, 268, 269, 270, 274, 274c, 276, 277, 278, 279, 280, 281, 282,
283, and 289 (MCL 388.1836, 388.1836a, 388.1836b, 388.1836c, 388.1837,
388.1841, 388.1845, 388.1845a, 388.1851, 388.1852, 388.1856, 388.1863,
388.1864, 388.1865, 388.1865a, 388.1865b, 388.1865c, 388.1865d, 388.1867,
388.1868, 388.1869, 388.1870, 388.1874, 388.1874c, 388.1876, 388.1877,
388.1878, 388.1879, 388.1880, 388.1881, 388.1882, 388.1883, and 388.1889),
sections 236, 236a, 236b, 236c, 241, 245, 251, 252, 256, 263, 264, 265a, 267,
268, 269, 270, 274, 274c, 276, 277, 278, 279, 280, 281, 282, and 289 as amended
and sections 245a, 265b, 265c, and 265d as added by 2018 PA 265, section 237
as amended by 2012 PA 201, section 265 as amended by 2018 PA 586,
and section 283 as amended by 2017 PA 108.
(For text of conference report,
see House Journal No. 86, p. 1068.)
The Senate has adopted the report
of the Committee of Conference and ordered that the bill be given immediate
effect.
The bill was referred to the
Clerk for enrollment printing and presentation to the Governor.
A bill to make appropriations for
the judiciary for the fiscal year ending September 30, 2020; and to provide for
the expenditure of the appropriations.
(For text of conference report,
see today s Journal, p. 1368.)
The Senate has adopted the report
of the Committee of Conference and ordered that the bill be given immediate
effect.
The bill was referred to the
Clerk for enrollment printing and presentation to the Governor.
A bill to make appropriations for
the department of licensing and regulatory affairs for the fiscal year ending September
30, 2020; and to provide for the expenditure of the appropriations.
(For text of conference report,
see today s Journal, p. 1352.)
The Senate has adopted the report
of the Committee of Conference and ordered that the bill be given immediate
effect.
The bill was referred to the
Clerk for enrollment printing and presentation to the Governor.
A bill to
make appropriations for the department of natural resources for the fiscal year
ending September 30, 2020; and to provide for the
expenditure of the appropriations.
(For text of conference report,
see House Journal No. 86, p. 1083.)
The Senate has adopted the report
of the Committee of Conference and ordered that the bill be given immediate
effect.
The bill was referred to the
Clerk for enrollment printing and presentation to the Governor.
Messages from the Senate
House
Concurrent Resolution No. 9.
A concurrent resolution relative
to secondary road patrol funds for counties providing road patrol services to
cities and villages.
(For text of concurrent resolution,
see House Journal No. 79, p. 952.)
The Senate has adopted the
concurrent resolution.
The concurrent resolution was
referred to the Clerk for record.
A bill to amend 1893 PA 206,
entitled The general property tax act, by amending section 7ff (MCL
211.7ff), as amended by 2005 PA 165.
The Senate has passed the bill.
The bill was read a first time by
its title and referred to the Committee on Commerce and Tourism.
A bill to amend 1978 PA 368,
entitled Public health code, by amending sections 20904 and 20910 (MCL
333.20904 and 333.20910), section 20904 as amended by 2000 PA 375 and
section 20910 as amended by 2006 PA 582.
The Senate has passed the bill.
The bill was read a first time by its
title and referred to the Committee on Health Policy.
A bill
to amend 1976 PA 451, entitled The revised school code, by amending section 1211
(MCL 380.1211), as amended by 2012 PA 285.
The
Senate has passed the bill.
The
bill was read a first time by its title and referred to the Committee on
Appropriations.
A bill
to amend 1996 PA 160, entitled Postsecondary enrollment options act, by
amending section 4 (MCL 388.514), as amended by 2012 PA 134.
The
Senate has passed the bill.
The
bill was read a first time by its title and referred to the Committee on
Appropriations.
A bill
to amend 1984 PA 431, entitled The management and budget act, by
amending section 367b (MCL 18.1367b), as amended by 2018 PA 613.
The
Senate has passed the bill.
The
bill was read a first time by its title and referred to the Committee on
Appropriations.
Senate
Bill No. 476, entitled
A bill
to amend 2000 PA 258, entitled Career and technical preparation act, by
amending section 4 (MCL 388.1904), as amended by 2012 PA 133.
The
Senate has passed the bill.
The
bill was read a first time by its title and referred to the Committee on
Appropriations.
Senate
Bill No. 530, entitled
A bill
to amend 1994 PA 451, entitled Natural resources and environmental
protection act, by amending sections 5501 and 5522 (MCL 324.5501 and
324.5522), section 5501 as amended by 1998 PA 245 and section 5522
as amended by 2015 PA 60.
The
Senate has passed the bill.
The
bill was read a first time by its title and referred to the Committee on
Appropriations.
______
Rep. Griffin moved that the House adjourn.
The motion prevailed, the time being 3:30 p.m.
The
Speaker Pro Tempore declared the House adjourned until Wednesday, September 25,
at 1:30 p.m.
GARY L. RANDALL
Clerk of the House of
Representatives