Bill Text: MI HB4102 | 2015-2016 | 98th Legislature | Engrossed
Bill Title: Appropriations; zero budget; supplemental appropriations bill; provide for. Creates appropriation act.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2015-10-15 - Assigned Pa 143'15 With Immediate Effect [HB4102 Detail]
Download: Michigan-2015-HB4102-Engrossed.html
HB-4102, As Passed House, April 28, 2015
SUBSTITUTE FOR
HOUSE BILL NO. 4102
A bill to make, supplement, adjust, and consolidate
appropriations for various state departments and agencies, the
judicial branch, and the legislative branch for the fiscal year
ending September 30, 2016 and other fiscal years; to provide for
certain conditions on appropriations; and to provide for the
expenditure of the appropriations.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
ARTICLE I
DEPARTMENT OF AGRICULTURE AND RURAL DEVELOPMENT
PART 1
LINE-ITEM APPROPRIATIONS
Sec. 101. There is appropriated for the department of
agriculture and rural development for the fiscal year ending
September 30, 2016, from the following funds:
DEPARTMENT OF AGRICULTURE AND RURAL DEVELOPMENT
APPROPRIATION SUMMARY
Full-time equated unclassified positions.......... 6.0
Full-time equated classified positions.......... 454.0
GROSS APPROPRIATION.................................... $ 85,294,000
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 317,300
ADJUSTED GROSS APPROPRIATION........................... $ 84,976,700
Federal revenues:
Total federal revenues................................. 10,427,900
Special revenue funds:
Total private revenues................................. 128,100
Total other state restricted revenues.................. 32,047,100
State general fund/general purpose..................... $ 42,373,600
Sec. 102. DEPARTMENTWIDE
Full-time equated unclassified positions.......... 6.0
Full-time equated classified positions........... 28.0
Commissions and boards................................. $ 23,800
Unclassified positions--6.0 FTE positions.............. 532,600
Executive direction--9.0 FTE positions................. 1,376,100
Operational services--15.0 FTE positions............... 1,736,700
Statistical reporting service--1.0 FTE position........ 150,400
Emergency management--3.0 FTE positions................ 600,300
Accounting service center.............................. 1,115,900
Building occupancy charges............................. 625,300
GROSS APPROPRIATION.................................... $ 6,161,100
Appropriated from:
Federal revenues:
HHS-FDA................................................ 324,100
Special revenue funds:
Private - commodity group revenue...................... 77,400
Agricultural preservation fund......................... 15,100
Agriculture licensing and inspection fees.............. 367,200
Dairy and food safety fund............................. 384,400
Freshwater protection fund............................. 22,300
Grain dealers fee fund................................. 7,300
Industry support funds................................. 52,800
Migratory housing fund................................. 26,200
Nonretail liquor fees.................................. 27,900
Refined petroleum fund................................. 220,300
State general fund/general purpose..................... $ 4,636,100
Sec. 103. INFORMATION AND TECHNOLOGY
Information technology services and projects........... $ 1,372,500
GROSS APPROPRIATION.................................... $ 1,372,500
Appropriated from:
Interdepartmental grant revenues:
IDG from LARA (LCC), liquor quality testing fees....... 3,200
Special revenue funds:
Agricultural preservation fund......................... 200
Agriculture licensing and inspection fees.............. 32,400
Freshwater protection fund............................. 100
Gasoline inspection and testing fund................... 31,400
Nonretail liquor fees.................................. 500
State general fund/general purpose..................... $ 1,304,700
Sec. 104. FOOD AND DAIRY
Full-time equated classified positions.......... 121.0
Food safety and quality assurance--91.0 FTE positions.. $ 13,537,800
Milk safety and quality assurance--30.0 FTE positions.. 4,170,600
GROSS APPROPRIATION.................................... $ 17,708,400
Appropriated from:
Federal revenues:
HHS-FDA................................................ 1,172,000
USDA, multiple grants.................................. 133,800
Special revenue funds:
Consumer and industry food safety education fund....... 348,800
Dairy and food safety fund............................. 4,486,300
State general fund/general purpose..................... $ 11,567,500
Sec. 105. ANIMAL INDUSTRY
Full-time equated classified positions........... 60.0
Animal disease prevention and response--60.0 FTE
positions............................................ $ 8,881,000
Indemnification - livestock depredation................ 50,000
GROSS APPROPRIATION.................................... $ 8,931,000
Appropriated from:
Federal revenues:
HHS-FDA................................................ 65,600
USDA, multiple grants.................................. 518,600
Special revenue funds:
Private commodity group revenue........................ 29,900
Agriculture licensing and inspection fees.............. 48,900
Animal welfare fund.................................... 217,100
State general fund/general purpose..................... $ 8,050,900
Sec. 106. PESTICIDE AND PLANT PEST MANAGEMENT
Full-time equated classified positions........... 85.0
Pesticide and plant pest management--80.0 FTE
positions............................................ $ 13,271,100
Producer security/grain dealers--5.0 FTE positions..... 643,800
GROSS APPROPRIATION.................................... $ 13,914,900
Appropriated from:
Federal revenues:
Department of interior................................. 222,000
EPA, multiple grants................................... 319,700
HHS-FDA................................................ 524,300
USDA, multiple grants.................................. 829,800
Special revenue funds:
Private - slow-the-spread foundation................... 20,800
Agriculture licensing and inspection fees.............. 4,864,600
Commodity inspection fees.............................. 508,600
Freshwater protection fund............................. 151,400
Grain dealers fee fund................................. 597,900
Horticulture fund...................................... 38,200
Industry support funds................................. 242,300
State general fund/general purpose..................... $ 5,595,300
Sec. 107. ENVIRONMENTAL STEWARDSHIP
Full-time equated classified positions........... 55.0
Environmental stewardship - MAEAP--23.0 FTE positions.. $ 9,128,500
Farmland and open space preservation--7.0 FTE
positions............................................ 905,200
Qualified forest program--9.0 FTE positions............ 2,532,500
Commercial forestry audit program...................... 300,000
Migrant labor housing--9.0 FTE positions............... 1,186,600
Right-to-farm--3.0 FTE positions....................... 567,900
Intercounty drain--4.0 FTE positions................... 474,100
GROSS APPROPRIATION.................................... $ 15,094,800
Appropriated from:
Interdepartmental grant revenues:
IDG from MDEQ, biosolids............................... 101,200
Federal revenues:
Department of interior................................. 120,600
EPA, multiple grants................................... 604,700
USDA, multiple grants.................................. 916,700
Special revenue funds:
Agricultural preservation fund......................... 583,600
Freshwater protection fund............................. 6,142,800
Migratory labor housing fund........................... 138,200
Private forestland enhancement fund.................... 284,900
State general fund/general purpose..................... $ 6,202,100
Sec. 108. LABORATORY PROGRAM
Full-time equated classified positions........... 90.0
Laboratory services--37.0 FTE positions................ $ 5,322,000
USDA monitoring--13.0 FTE positions.................... 1,596,700
Consumer protection program--40.0 FTE positions........ 6,072,200
GROSS APPROPRIATION.................................... $ 12,990,900
Appropriated from:
Interdepartmental grant revenues:
IDG from LARA (LCC), liquor quality testing fees....... 212,900
Federal revenues:
EPA, multiple grants................................... 168,500
HHS-FDA................................................ 611,700
USDA, multiple grants.................................. 1,597,600
Special revenue funds:
Agriculture equine industry development fund........... 610,300
Agriculture licensing and inspection fees.............. 3,200
Gasoline inspection and testing fund................... 2,587,500
Refined petroleum fund................................. 3,654,300
Renewable fuels fund................................... 51,800
Testing fees........................................... 287,600
Weights and measures regulation fees................... 1,000,400
State general fund/general purpose..................... $ 2,205,100
Sec. 109. AGRICULTURE DEVELOPMENT
Full-time equated classified positions........... 14.0
Agriculture development--11.0 FTE positions............ $ 3,576,700
Strategic growth initiative............................ 1,100,000
Grape and wine program--3.0 FTE positions.............. 856,500
GROSS APPROPRIATION.................................... $ 5,533,200
Appropriated from:
Federal revenues:
USDA, multiple grants.................................. 2,298,200
Special revenue funds:
Industry support funds................................. 131,600
Nonretail liquor fees.................................. 811,500
State general fund/general purpose..................... $ 2,291,900
Sec. 110. FAIRS AND EXPOSITIONS
Full-time equated classified positions............ 1.0
Fairs and racing--1.0 FTE position..................... $ 256,600
County fairs capital improvement grants................ 170,000
Purses and supplements - fairs/licensed tracks......... 708,300
Licensed tracks - light horse racing................... 40,300
Light horse racing - breeders' awards.................. 20,000
Standardbred breeders' awards.......................... 285,900
Standardbred purses and supplements - licensed tracks.. 527,800
Standardbred sire stakes............................... 239,000
Thoroughbred supplements - licensed tracks............. 385,900
Thoroughbred breeders' awards.......................... 358,600
Thoroughbred sire stakes............................... 244,800
GROSS APPROPRIATION.................................... $ 3,237,200
Appropriated from:
Special revenue funds:
Agriculture equine industry development fund........... 3,067,200
State general fund/general purpose..................... $ 170,000
Sec. 111. ONE-TIME BASIS ONLY
Laboratory equipment................................... $ 350,000
GROSS APPROPRIATION.................................... $ 350,000
Appropriated from:
State general fund/general purpose..................... $ 350,000
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
FOR FISCAL YEAR 2015-2016
GENERAL SECTIONS
Sec. 201. Pursuant to section 30 of article IX of the state
constitution of 1963, total state spending from state resources
under part 1 for fiscal year 2015-2016 is $74,420,700.00 and state
spending from state resources to be paid to local units of
government for fiscal year 2015-2016 is $4,750,000.00. The itemized
statement below identifies appropriations from which spending to
local units of government will occur:
DEPARTMENT OF AGRICULTURE AND RURAL DEVELOPMENT
Environmental stewardship - MAEAP...................... $ 3,250,000
Qualified forest program............................... 1,500,000
TOTAL.................................................. $ 4,750,000
Sec. 202. The appropriations authorized under part 1 and this
part are subject to the management and budget act, 1984 PA 431, MCL
18.1101 to 18.1594.
Sec. 203. As used in part 1 and this part:
(a) "Department" means the department of agriculture and rural
development.
(b) "Director" means the director of the department.
(c) "EPA" means the United States Environmental Protection
Agency.
(d) "Fiscal agencies" means the Michigan house fiscal agency
and the Michigan senate fiscal agency.
(e) "FTE" means full-time equated.
(f) "HHS-FDA" means the United States Department of Health and
Human Services – Food and Drug Administration.
(g) "IDG" means interdepartmental grant.
(h) "LARA" means the Michigan department of licensing and
regulatory affairs.
(i) "LCC" means the Michigan liquor control commission.
(j) "MDEQ" means the Michigan department of environmental
quality.
(k) "MDNR" means the Michigan department of natural resources.
(l) "MOU" means memorandum of understanding.
(m) "Subcommittees" means all members of the subcommittees of
the house and senate appropriations committees with jurisdiction
over the budget for the department.
(n) "TB" means tuberculosis.
(o) "USDA" means the United States Department of Agriculture.
Sec. 205. (1) For each new program or program expansion for
which funds in excess of $500,000.00 are appropriated in part 1,
the department shall identify specific benchmarks intended to
measure the performance or return on taxpayer investment of the
program and its associated expenditures. Not later than November 1,
2015, the department shall report the proposed benchmarks to the
house and senate appropriations subcommittees for that department,
the house and senate fiscal agencies, and the state budget
director. The department shall provide an update on its progress in
achieving those benchmarks at an appropriations subcommittee
meeting called for the purpose of discussing benchmarks and their
status.
(2) It is the intent of the legislature that, beginning with
the budget for the fiscal year ending September 30, 2016, any
proposal for a new program or an expansion of an existing program
in excess of $500,000.00 initiated by the executive branch or the
legislature shall include, as part of the original proposal or
budget request, a list of benchmarks intended to measure the
performance or return on taxpayer investment of the program or
spending increase.
Sec. 206. (1) In addition to the funds appropriated in part 1,
there is appropriated an amount not to exceed $5,000,000.00 for
federal contingency funds. These funds are not available for
expenditure until they have been transferred to another line item
in part 1 under section 393(2) of the management and budget act,
1984 PA 431, MCL 18.1393.
(2) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $6,000,000.00 for state
restricted contingency funds. These funds are not available for
expenditure until they have been transferred to another line item
in part 1 under section 393(2) of the management and budget act,
1984 PA 431, MCL 18.1393.
(3) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $100,000.00 for local
contingency funds. These funds are not available for expenditure
until they have been transferred to another line item in part 1
under section 393(2) of the management and budget act, 1984 PA 431,
MCL 18.1393.
(4) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $100,000.00 for private
contingency funds. These funds are not available for expenditure
until they have been transferred to another line item in part 1
under section 393(2) of the management and budget act, 1984 PA 431,
MCL 18.1393.
Sec. 207. The department shall cooperate with the department
of technology, management, and budget to maintain a searchable
website accessible by the public at no cost that includes, but is
not limited to, all of the following:
(a) Fiscal year-to-date expenditures by category.
(b) Fiscal year-to-date expenditures by appropriation unit.
(c) Fiscal year-to-date payments to a selected vendor,
including the vendor name, payment date, payment amount, and
payment description.
(d) The number of active department employees by job
classification.
(e) Job specifications and wage rates.
Sec. 208. The departments and agencies receiving
appropriations in part 1 shall use the Internet to fulfill the
reporting requirements of this part. This requirement may include
transmission of reports via electronic mail to the recipients
identified for each reporting requirement, or it may include
placement of reports on an Internet or intranet site.
Sec. 209. Funds appropriated in part 1 shall not be used for
the purchase of foreign goods or services, or both, if
competitively priced and of comparable quality American goods or
services, or both, are available. Preference shall be given to
goods or services, or both, manufactured or provided by Michigan
businesses, if they are competitively priced and of comparable
quality. In addition, preference shall be given to goods or
services, or both, that are manufactured or provided by Michigan
businesses owned and operated by veterans, if they are
competitively priced and of comparable quality.
Sec. 210. The director shall take all reasonable steps to
ensure businesses in deprived and depressed communities compete for
and perform contracts to provide services or supplies, or both.
Each director shall strongly encourage firms with which the
department contracts to subcontract with certified businesses in
depressed and deprived communities for services, supplies, or both.
Sec. 212. The department and agencies receiving appropriations
in part 1 shall receive and retain copies of all reports funded
from appropriations in part 1. Federal and state guidelines for
short-term and long-term retention of records shall be followed.
The department may electronically retain copies of reports unless
otherwise required by federal and state guidelines.
Sec. 215. The department shall not take disciplinary action
against an employee for communicating with a member of the
legislature or his or her staff.
Sec. 218. The departments and agencies receiving
appropriations in part 1 shall prepare a report on out-of-state
travel expenses not later than January 1 of each year. The travel
report shall be a listing of all travel by classified and
unclassified employees outside this state in the immediately
preceding fiscal year that was funded in whole or in part with
funds appropriated in the department's budget. The report shall be
submitted to the house and senate appropriations committees, the
house and senate fiscal agencies, and the state budget director.
The report shall include the following information:
(a) The dates of each travel occurrence.
(b) The transportation and related costs of each travel
occurrence, including the proportion funded with state general
fund/general purpose revenues, the proportion funded with state
restricted revenues, the proportion funded with federal revenues,
and the proportion funded with other revenues.
Sec. 228. Not later than November 30, the state budget office
shall prepare and transmit a report that provides for estimates of
the total general fund/general purpose appropriation lapses at the
close of the prior fiscal year. This report shall summarize the
projected year-end general fund/general purpose appropriation
lapses by major departmental program or program areas. The report
shall be transmitted to the chairpersons of the senate and house of
representatives standing committees on appropriations and the
senate and house fiscal agencies.
Sec. 229. Within 14 days after the release of the executive
budget recommendation, the department shall cooperate with the
state budget office to provide the senate and house appropriations
chairs, the senate and house appropriations subcommittees on
agriculture and rural development, respectively, and the senate and
house fiscal agencies with an annual report on estimated state
restricted fund balances, state restricted fund projected revenues,
and state restricted fund expenditures for the fiscal years ending
September 30, 2015 and September 30, 2016.
Sec. 230. Funds appropriated in part 1 shall not be used by a
principal executive department, state agency, or authority to hire
a person to provide legal services that are the responsibility of
the attorney general. This prohibition does not apply to legal
services for bonding activities and for those outside services that
the attorney general authorizes.
Sec. 231. The department shall maintain, on a publicly
accessible website, a department scorecard that identifies, tracks,
and regularly updates key metrics that are used to monitor and
improve the agency's performance.
Sec. 232. Total authorized appropriations from all sources
under part 1 for legacy costs for the fiscal year ending September
30, 2016 is $12,751,500.00. From this amount, total agency
appropriations for pension-related legacy costs are estimated at
$7,237,700.00. Total agency appropriations for retiree health care
legacy costs are estimated at $5,513,800.00.
DEPARTMENTWIDE
Sec. 301. (1) Pursuant to the appropriations in part 1, the
department may receive and expend revenue and use that revenue to
cover necessary expenses related to publications, audit and
licensing functions, livestock sales, certification of nursery
stock, and laboratory analyses as specified in the following:
(a) Management services publications.
(b) Management services audit and licensing functions.
(c) Pesticide and plant pest management propagation and
certification of virus-free foundation stock.
(d) Pesticide and plant pest management grading services.
(e) Laboratory support testing for testing horses in draft
horse pulling contests at county fairs when local jurisdictions
request state assistance.
(f) Laboratory support analyses to determine foreign
substances in horses engaged in racing or pulling contests at
tracks.
(g) Laboratory support analyses of food, livestock, and
agricultural products for disease, foreign products for disease,
toxic materials, foreign substances, and quality standards.
(h) Laboratory support test samples for other agencies and
organizations.
(i) Fruit and vegetable inspection at shipping and termination
points and processing plants.
(2) The department shall notify the subcommittees and the
fiscal agencies 30 days prior to proposing changes in fees
authorized under this section or under section 5 of 1915 PA 91, MCL
285.35.
(3) Annually, before February 1, the department shall provide
a report to the subcommittees and the fiscal agencies detailing all
the fees charged by the department under the authorization provided
in this section, including, but not limited to, rates, number of
individuals paying each fee, and the revenue generated by each fee
in the previous fiscal year.
Sec. 302. Of the funds appropriated in part 1 that are other
than line-item grants, the department shall not provide grants to
local government agencies, institutions of higher education, or
nonprofit organizations unless the department provides notice of
the grant to the subcommittees and fiscal agencies at least 10 days
before the grant is issued. The grants shall be used to support
research or other related activities for the purpose of enhancing
the agricultural industries in this state.
Sec. 303. It is the intent of the legislature that the
department use revenue from licensing and inspection fees to
increase the use of technology in licensing and inspection
activities to make licensing and inspection functions, including
reporting, more efficient. The department shall work to ensure that
all license and registration applications can be completed online
through a secure web portal.
FOOD AND DAIRY
Sec. 401. (1) From the increased funds appropriated in part 1
for the food safety and quality assurance line item, the department
shall increase the number of inspections performed at licensed food
establishments in the current fiscal year. The purpose of this
increase is to improve the monthly rate of compliance with the
Michigan food law at licensed establishments.
(2) The department shall identify specific outcomes and
performance measures for this initiative, including, but not
limited to, that the number of licensed food establishments that
are in compliance with the Michigan food law will increase as a
result of the department's ability to improve the frequency of
initial food safety evaluations.
Sec. 402. The department shall provide information on
significant food-borne outbreaks and emergencies, including any
enforcement actions taken related to food safety during the
immediately preceding fiscal year in the food and dairy annual
report and post that report on the department's website no later
than April 1. The department shall provide electronic notification
of where the report can be found on the department's website to the
appropriation subcommittees, fiscal agencies, and state budget
office.
ANIMAL INDUSTRY
Sec. 451. From the funds appropriated in part 1, the
department shall pay for all whole herd testing costs and
individual animal testing costs in the modified accredited zone to
maintain split-state status requirements. These costs include
indemnity and compensation for injury causing death or downer to
animals.
Sec. 453. (1) Of the funds appropriated in part 1, the
department may provide for indemnity as provided for pursuant to
the animal industry act, 1988 PA 466, MCL 287.701 to 287.746, not
to exceed $100,000.00 per order from any line item for the current
fiscal year. Before the department provides for an indemnification
under this section, the department shall report the reason for the
indemnification, the amount of the indemnification, and to whom the
indemnification is to be paid. The report shall be given to the
subcommittees and the fiscal agencies.
(2) The department of agriculture and rural development shall
make an indemnification payment for the fair market value of
livestock killed by a wolf, coyote, or cougar, if the kill is
verified by the department of natural resources. The fair market
value of the livestock shall be determined pursuant to the
indemnification procedures prescribed in the animal industry act,
1988 PA 466, MCL 287.701 to 287.746.
(3) The funds appropriated in part 1 for indemnification -
livestock depredation are appropriated for indemnification payments
and related department costs under subsection (2). On or before
March 1 of the current fiscal year, the department shall report to
the subcommittees and the fiscal agencies on costs incurred in the
previous 2 fiscal years for indemnification payments to producers
made under subsection (2) and related department costs.
Sec. 454. The department shall use its resources to
collaborate with the USDA to monitor bovine TB, consistent with the
May 2014 memorandum of understanding between the department and the
USDA.
Sec. 456. Of the funds appropriated in part 1, no funds shall
be used to enforce the mandatory electronic animal identification
program for any domestic animals other than cattle until specific
procedures and guidelines for electronic animal identification are
outlined in statute.
Sec. 457. On or before October 15 of the current fiscal year
and on a quarterly basis thereafter, the department shall report to
the senate and house agriculture committees, the subcommittees, and
the fiscal agencies on the department's progress toward meeting the
USDA requirements as outlined in the March 2007 bovine TB program
review. The report shall include, but is not limited to,
information and data on: wildlife risk mitigation plan
implementation in the modified accredited zone; implementation of a
movement certificate process; progress toward annual surveillance
test requirements set out in the June 2007 MOU; efforts to work
with slaughter facilities in Michigan, as well as those that
slaughter a significant number of animals from Michigan;
educational programs and information for Michigan's livestock
community; any other item the legislature should be aware of that
will promote or hinder efforts to achieve bovine TB-free status for
Michigan.
Sec. 459. It is the intent of the legislature that the
department shall not conduct whole herd bovine TB testing on any 1
herd in a TB-free zone more often than every 4 years or re-test
until all other herds in their county have been tested, unless
involved in an epidemiological investigation, there is an outbreak
within a 10-radius-mile area, or is not on a verified wildlife risk
mitigated premises. If there is an outbreak within a 10 radius mile
area, protocols outlined by the current memorandum of understanding
with the USDA shall be used.
PESTICIDE AND PLANT PEST MANAGEMENT
Sec. 501. From the increased funds appropriated in part 1 for
the pesticide and plant pest management line item, the department
shall improve the department's ability to perform proper
surveillance of the fertilizer and pesticide industries in the
current fiscal year. The purpose of this surveillance is to ensure
that statutory requirements related to use and storage are being
met, specifically those intended to protect the environment or the
food supply.
ENVIRONMENTAL STEWARDSHIP
Sec. 601. The funds appropriated in part 1 for environmental
stewardship/MAEAP shall be used to support department agriculture
pollution prevention programs, including groundwater and freshwater
protection programs under part 87 of the Michigan natural resources
and environmental protection act, 1994 PA 451, MCL 324.8701 to
324.8717, and technical assistance in implementing conservation
grants available under the federal farm bill of 2014.
Sec. 604. (1) Federal revenues authorized by and available
from the federal government in excess of the appropriation in part
1 under section 107 are appropriated and may be received and
expended by the department for purposes authorized under state law
and subject to federal requirements.
(2) The department shall notify the subcommittees and fiscal
agencies prior to expending federal revenues received and
appropriated under subsection (1).
Sec. 608. (1) The appropriations in part 1 for qualified
forest affidavit program are for the purpose of increasing the
knowledge of nonindustrial private forestland owners of sound
forest management practices and increasing the amount of commercial
timber production from those lands.
(2) The department shall work in partnership with stakeholder
groups and other state and federal agencies to increase the active
management of nonindustrial private forestland to foster the growth
of Michigan's timber product industry.
Sec. 609. (1) From the appropriation in part 1 for commercial
forestry audit program, the department shall develop an analysis
and audit of forestry best management practices for water quality
and the related forest ecosystem, including native plant and animal
species and wildlife habitat. The analysis and audit shall have a
statewide perspective. The best management practices audit shall be
performed by an audit team composed of qualified professionals,
including, but not limited to, the department, the department of
environmental quality, university faculty, and conservation groups.
(2) At the close of the fiscal year, the unexpended portion of
the commercial forestry audit program is considered a work project
appropriation in accordance with section 451a of the management and
budget act, 1984 PA 431, MCL 18.1451a.
(3) At the completion of the analysis and audit, the
department shall provide a report to the house and senate
appropriations subcommittees on agriculture and rural development,
and the house and senate fiscal agencies, describing the results of
the analysis and audit.
AGRICULTURE DEVELOPMENT
Sec. 706. On or before April 1, the department shall report to
the house and senate appropriations subcommittees on agriculture
and rural development, and the house and senate fiscal agencies, on
the department's agriculture development and export market
development activities. The report shall include the following
information on agriculture industry, rural development, and
strategic growth grants awarded during the prior fiscal year:
(a) The name of the grantee.
(b) The amount of the grant.
(c) The purpose of the grant, including measurable outcomes.
(d) Additional state, federal, private, or local funds
contributed to the grant project.
(e) The completion date of grant-funded activities.
Sec. 709. (1) Not later than April 1 of the current fiscal
year, the department shall provide a report to the subcommittees
and the fiscal agencies describing the activities of the grape and
wine industry council established under section 303 of the Michigan
liquor control act of 1998, 1998 PA 58, MCL 436.1303.
(2) The report shall include all of the following:
(a) Council activities and accomplishments for the previous
fiscal year.
(b) Council expenditures for the previous fiscal year by
category of administration, industry support, research and
education grants, and promotion and consumer education.
(c) Grants awarded during the prior fiscal year and the
results of research grant projects completed during the prior
fiscal year.
Sec. 711. (1) The department shall establish and administer
the strategic growth initiative. The program shall use a grant
process to support research, education, and technical assistance
efforts focused on removing barriers and leveraging opportunities
identified by those in the food and agriculture industry as
critical to business development and growth within the state.
(2) In addition to the funds appropriated in part 1, the
department of agriculture and rural development may receive and
expend funds received from outside sources for the strategic growth
initiative.
(3) The director shall establish a consortium of interested
parties including those involved in the food and agriculture
industry sector to develop the program priorities described in
subsection (1).
(4) The department shall award grants from the funds
appropriated in part 1 or received from outside sources under
subsection (2) for strategic growth initiative grants. Grantees
will be required to identify measurable project outcomes.
(5) A joint evaluation committee selected by the director
shall 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 strategic growth initiative for
administering the program.
FAIRS AND EXPOSITIONS
Sec. 801. All appropriations from the agriculture equine
industry development fund shall be spent on equine-related
purposes. No funds from the agriculture equine industry development
fund shall be expended for nonequine-related purposes without prior
approval of the legislature.
Sec. 802. All appropriations from the agriculture equine
industry development fund, except for the Michigan gaming control
board's regulatory expenses and the department's expenses to
administer horse racing programs and laboratory analysis, shall be
reduced proportionately if revenues to the agriculture equine
industry development fund decline during the preceding fiscal year
to a level lower than the amounts appropriated in part 1.
Sec. 803. (1) In the event that there is no live thoroughbred
race meet in 2015 or 2016, all purse money and program money
appropriated for the thoroughbred industry in fiscal year 2014-2015
and fiscal year 2015-2016 shall be held in escrow for a period not
to exceed 18 months, or until a thoroughbred race meet license is
applied for and granted by the Michigan gaming control board.
(2) In the event that there is no live standardbred race meet
in 2015 or 2016, all purse money and program money appropriated for
the standardbred industry in fiscal year 2014-2015 and fiscal year
2015-2016 shall be held in escrow for a period not to exceed 18
months, or until a standardbred race meet license is applied for
and granted by the Michigan gaming control board.
Sec. 804. It is the intent of the legislature that the
Michigan gaming control board shall use actual expenditure data in
determining the actual regulatory costs of conducting racing dates
and shall provide that data to the senate and house of
representatives appropriations subcommittees on agriculture and
rural development and general government and the fiscal agencies by
November 1 of the current fiscal year. The Michigan gaming control
board shall not be reimbursed for more than the actual regulatory
cost of conducting race dates. If a certified horsemen's
organization funds more than the actual regulatory cost, the
balance shall remain in the agriculture equine industry development
fund to be used to fund subsequent race dates conducted by race
meeting licensees with which the certified horsemen's organization
has contracts. If a certified horsemen's organization funds less
than the actual regulatory costs of the additional horse racing
dates, the Michigan gaming control board shall reduce the number of
future race dates conducted by race meeting licensees with which
the certified horsemen's organization has contracts. Prior to the
reduction in the number of authorized race dates due to budget
deficits, the executive director of the Michigan gaming control
board shall provide notice to the certified horsemen's
organizations with an opportunity to respond with alternatives. In
determining actual costs, the Michigan gaming control board shall
take into account that each specific breed may require different
regulatory mechanisms.
Sec. 805. (1) The department shall establish and administer a
county fairs capital improvement grant program. The program shall
assist in the promotion of building improvements or other capital
improvements at county fairgrounds of the state.
(2) The department shall award grants on a competitive basis
to county fair organizations from the funds appropriated in part 1
for county fairs capital improvements grants. Grantees will be
required to provide a dollar-for-dollar cash match with grant
awards and identify measurable project outcomes.
(3) The department shall identify criteria, evaluate
applications, and provide recommendations to the director for final
approval of grant awards.
(4) The department may expend money from the funds
appropriated in part 1 for the county fairs capital improvement
grants for administering the program.
(5) The unexpended portion of the county fairs capital
improvement grant program is considered a work project
appropriation in accordance with the management and budget act,
1984 PA 431, MCL 18.1101 to 18.1594.
(6) The department shall provide a year-end report no later
than December 1, 2016 to the subcommittees and the fiscal agencies,
including the grantees, award amount, match funding, and project
outcomes.
ARTICLE IV
DEPARTMENT OF COMMUNITY HEALTH
PART 1
LINE-ITEM APPROPRIATIONS
Sec. 101. There is appropriated for the department of
community health for the fiscal year ending September 30, 2016,
from the following funds:
DEPARTMENT OF COMMUNITY HEALTH
APPROPRIATION SUMMARY
Full-time equated unclassified positions.......... 6.0
Full-time equated classified positions........ 3,677.1
Average population.............................. 893.0
GROSS APPROPRIATION.................................... $ 18,932,657,100
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 9,678,100
ADJUSTED GROSS APPROPRIATION........................... $ 18,922,979,000
Federal revenues:
Total federal revenues................................. 13,439,841,000
Social security act, temporary assistance for needy
families............................................. 17,814,100
Special revenue funds:
Total local revenues................................... 85,961,700
Total private revenues................................. 127,698,700
Merit award trust fund................................. 105,834,700
Total other state restricted revenues.................. 2,024,731,500
State general fund/general purpose..................... $ 3,121,097,300
Sec. 102. DEPARTMENTWIDE ADMINISTRATION
Full-time equated unclassified positions.......... 6.0
Full-time equated classified positions.......... 190.7
Director and other unclassified--6.0 FTE positions..... $ 385,500
Departmental administration and management--180.7 FTE
positions............................................ 26,399,500
Worker's compensation program.......................... 5,205,700
Rent and building occupancy............................ 10,602,500
Developmental disabilities council and projects--10.0
FTE positions........................................ 3,038,900
Human trafficking intervention services................ 200,000
GROSS APPROPRIATION.................................... $ 45,832,100
Appropriated from:
Federal revenues:
Total federal revenues................................. 16,096,300
Special revenue funds:
Total private revenues................................. 35,200
Total other state restricted revenues.................. 834,500
State general fund/general purpose..................... $ 28,866,100
Sec. 103. BEHAVIORAL HEALTH PROGRAM ADMINISTRATION
AND SPECIAL PROJECTS
Full-time equated classified positions.......... 106.0
Behavioral health program administration--105.0 FTE
positions............................................ $ 63,352,600
Gambling addiction--1.0 FTE position................... 3,003,700
Protection and advocacy services support............... 194,400
Community residential and support services............. 592,100
Federal and other special projects..................... 2,535,600
Family support subsidy................................. 17,633,600
Housing and support services........................... 13,238,800
GROSS APPROPRIATION.................................... $ 100,550,800
Appropriated from:
Federal revenues:
Total federal revenues................................. 48,812,500
Social security act, temporary assistance for needy
families............................................. 17,814,100
Special revenue funds:
Total private revenues................................. 1,000,000
Total other state restricted revenues.................. 3,003,700
State general fund/general purpose..................... $ 29,920,500
Sec. 104. BEHAVIORAL HEALTH SERVICES
Full-time equated classified positions............ 9.5
Medicaid mental health services........................ $ 2,365,893,200
Community mental health non-Medicaid services.......... 117,050,400
Mental health services for special populations......... 8,842,800
Medicaid substance use disorder services............... 46,967,800
Civil service charges.................................. 1,499,300
Federal mental health block grant--2.5 FTE positions... 15,444,600
State disability assistance program substance use
disorder services.................................... 2,018,800
Community substance use disorder prevention,
education, and treatment............................. 74,725,000
Children's waiver home care program.................... 20,000,000
Nursing home PAS/ARR-OBRA--7.0 FTE positions........... 12,258,800
Children with serious emotional disturbance waiver..... 12,647,900
Health homes........................................... 3,369,000
Healthy Michigan plan - behavioral health.............. 310,767,700
Autism services........................................ 36,769,400
GROSS APPROPRIATION.................................... $ 3,028,254,700
Appropriated from:
Interdepartmental grant revenues:
Interdepartmental grant from the department of human
services............................................. 6,340,500
Federal revenues:
Total federal revenues................................. 2,027,932,300
Special revenue funds:
Total local revenues................................... 25,475,800
Total other state restricted revenues.................. 23,425,900
State general fund/general purpose..................... $ 945,080,200
Sec. 105. STATE PSYCHIATRIC HOSPITALS AND FORENSIC
MENTAL HEALTH SERVICES
Total average population........................ 893.0
Full-time equated classified positions........ 2,130.9
Caro Regional Mental Health Center - psychiatric
hospital - adult--461.3 FTE positions................ $ 56,358,300
Average population.............................. 185.0
Kalamazoo Psychiatric Hospital - adult--466.1 FTE
positions............................................ 64,510,900
Average population.............................. 189.0
Walter P. Reuther Psychiatric Hospital - adult--420.8
FTE positions........................................ 55,849,100
Average population.............................. 234.0
Hawthorn Center - psychiatric hospital - children and
adolescents--226.4 FTE positions..................... 28,746,000
Average population............................... 75.0
Center for forensic psychiatry--556.3 FTE positions.... 72,558,600
Average population.............................. 210.0
Revenue recapture...................................... 750,000
IDEA, federal special education........................ 120,000
Special maintenance.................................... 332,500
Purchase of medical services for residents of
hospitals and centers................................ 445,600
Gifts and bequests for patient living and treatment
environment.......................................... 1,000,000
GROSS APPROPRIATION.................................... $ 280,671,000
Appropriated from:
Federal revenues:
Total federal revenues................................. 34,720,700
Special revenue funds:
Total local revenues................................... 19,490,600
Total private revenues................................. 1,000,000
Total other state restricted revenues.................. 18,878,700
State general fund/general purpose..................... $ 206,581,000
Sec. 106. PUBLIC HEALTH ADMINISTRATION
Full-time equated classified positions.......... 100.4
Public health administration--7.3 FTE positions........ $ 1,567,800
Health and wellness initiatives--11.7 FTE positions.... 8,946,400
Vital records and health statistics--81.4 FTE
positions............................................ 11,763,400
GROSS APPROPRIATION.................................... $ 22,277,600
Appropriated from:
Interdepartmental grant revenues:
Interdepartmental grant from the department of human
services............................................. 1,206,100
Federal revenues:
Total federal revenues................................. 3,650,800
Special revenue funds:
Total other state restricted revenues.................. 12,337,600
State general fund/general purpose..................... $ 5,083,100
Sec. 107. HEALTH POLICY
Full-time equated classified positions........... 64.8
Certificate of need program administration--12.3 FTE
positions............................................ $ 2,781,400
Emergency medical services program--23.0 FTE positions. 6,415,200
Health innovation grants............................... 100
Health policy administration--24.1 FTE positions....... 53,106,300
Michigan essential health provider..................... 3,591,300
Minority health grants and contracts................... 612,700
Nurse education and research program--3.0 FTE
positions............................................ 1,041,500
Primary care services--1.4 FTE positions............... 4,067,500
Rural health services--1.0 FTE position................ 1,555,500
GROSS APPROPRIATION.................................... $ 73,171,500
Appropriated from:
Interdepartmental grant revenues:
Interdepartmental grant from the department of
licensing and regulatory affairs..................... 1,041,500
Interdepartmental grant from the department of
treasury, Michigan state hospital finance authority.. 116,000
Federal revenues:
Total federal revenues................................. 57,987,200
Special revenue funds:
Total private revenues................................. 865,000
Total other state restricted revenues.................. 6,561,700
State general fund/general purpose..................... $ 6,600,100
Sec. 108. LABORATORY SERVICES
Full-time equated classified positions.......... 100.0
Laboratory services--100.0 FTE positions............... $ 20,295,500
GROSS APPROPRIATION.................................... $ 20,295,500
Appropriated from:
Interdepartmental grant revenues:
Interdepartmental grant from the department of
environmental quality................................ 974,000
Federal revenues:
Total federal revenues................................. 2,294,400
Special revenue funds:
Total other state restricted revenues.................. 10,261,900
State general fund/general purpose..................... $ 6,765,200
Sec. 109. EPIDEMIOLOGY AND INFECTIOUS DISEASE
Full-time equated classified positions.......... 144.9
AIDS surveillance and prevention program............... $ 1,854,100
Bioterrorism preparedness--52.0 FTE positions.......... 30,077,600
Epidemiology administration--41.6 FTE positions........ 12,455,700
Healthy homes program--8.0 FTE positions............... 4,384,300
Immunization program--12.8 FTE positions............... 16,317,900
Newborn screening follow-up and treatment services--
10.5 FTE positions................................... 7,223,000
Sexually transmitted disease control program--20.0 FTE
positions............................................ 6,246,900
Tuberculosis control and prevention.................... 867,000
GROSS APPROPRIATION.................................... $ 79,426,500
Appropriated from:
Federal revenues:
Total federal revenues................................. 60,864,000
Special revenue funds:
Total private revenues................................. 339,000
Total other state restricted revenues.................. 11,577,900
State general fund/general purpose..................... $ 6,645,600
Sec. 110. LOCAL HEALTH ADMINISTRATION AND GRANTS
Full-time equated classified positions............ 2.0
Essential local public health services................. $ 40,886,100
Implementation of 1993 PA 133, MCL 333.17015........... 20,000
Local health services--2.0 FTE positions............... 536,100
Medicaid outreach cost reimbursement to local health
departments.......................................... 9,000,000
GROSS APPROPRIATION.................................... $ 50,442,200
Appropriated from:
Federal revenues:
Total federal revenues................................. 9,536,100
Special revenue funds:
Total local revenues................................... 5,150,000
State general fund/general purpose..................... $ 35,756,100
Sec. 111. CHRONIC DISEASE AND INJURY PREVENTION AND
HEALTH PROMOTION
Full-time equated classified positions.......... 113.0
AIDS prevention, testing, and care programs--47.7 FTE
positions............................................ $ 70,423,000
Cancer prevention and control program--13.0 FTE
positions............................................ 15,005,800
Chronic disease control and health promotion
administration--29.4 FTE positions................... 6,356,200
Diabetes and kidney program--8.0 FTE positions......... 3,038,100
Smoking prevention program--12.0 FTE positions......... 2,107,600
Violence prevention--2.9 FTE positions................. 1,823,700
GROSS APPROPRIATION.................................... $ 98,754,400
Appropriated from:
Federal revenues:
Total federal revenues................................. 52,671,100
Special revenue funds:
Total private revenues................................. 38,778,400
Total other state restricted revenues.................. 5,534,000
State general fund/general purpose..................... $ 1,770,900
Sec. 112. FAMILY, MATERNAL, AND CHILDREN'S HEALTH
SERVICES
Full-time equated classified positions........... 69.6
Childhood lead program--2.5 FTE positions.............. $ 1,563,300
Dental programs--3.0 FTE positions..................... 1,667,200
Dental program for persons with developmental
disabilities......................................... 151,000
Family, maternal, and children's health services
administration--50.1 FTE positions................... 8,437,000
Family planning local agreements....................... 8,310,700
Local MCH services..................................... 7,018,100
Pregnancy prevention program........................... 602,100
Prenatal care outreach and service delivery support--
14.0 FTE positions................................... 18,933,000
Special projects....................................... 6,289,100
Sudden infant death syndrome program................... 321,300
GROSS APPROPRIATION.................................... $ 53,292,800
Appropriated from:
Federal revenues:
Total federal revenues................................. 42,214,500
Special revenue funds:
Total local revenues................................... 75,000
Total private revenues................................. 874,500
Total other state restricted revenues.................. 20,000
State general fund/general purpose..................... $ 10,108,800
Sec. 113. WOMEN, INFANTS, AND CHILDREN FOOD AND
NUTRITION PROGRAM
Full-time equated classified positions........... 45.0
Women, infants, and children program administration
and special projects--45.0 FTE positions............. $ 17,905,900
Women, infants, and children program local agreements
and food costs....................................... 256,285,000
GROSS APPROPRIATION.................................... $ 274,190,900
Appropriated from:
Federal revenues:
Total federal revenues................................. 213,113,000
Special revenue funds:
Total private revenues................................. 61,077,900
State general fund/general purpose..................... $ 0
Sec. 114. CHILDREN'S SPECIAL HEALTH CARE SERVICES
Full-time equated classified positions........... 46.8
Children's special health care services
administration--44.0 FTE positions................... $ 5,897,900
Bequests for care and services--2.8 FTE positions...... 1,528,200
Outreach and advocacy.................................. 5,510,000
Nonemergency medical transportation.................... 905,900
Medical care and treatment............................. 189,966,200
GROSS APPROPRIATION.................................... $ 203,808,200
Appropriated from:
Federal revenues:
Total federal revenues................................. 107,080,900
Special revenue funds:
Total private revenues................................. 1,008,900
Total other state restricted revenues.................. 3,858,400
State general fund/general purpose..................... $ 91,860,000
Sec. 115. CRIME VICTIM SERVICES COMMISSION
Full-time equated classified positions........... 13.0
Grants administration services--13.0 FTE positions..... $ 2,129,800
Justice assistance grants.............................. 15,000,000
Crime victim rights services grants.................... 16,870,000
GROSS APPROPRIATION.................................... $ 33,999,800
Appropriated from:
Federal revenues:
Total federal revenues................................. 18,697,500
Special revenue funds:
Total other state restricted revenues.................. 15,302,300
State general fund/general purpose..................... $ 0
Sec. 116. OFFICE OF SERVICES TO THE AGING
Full-time equated classified positions........... 40.0
Office of services to aging administration--40.0 FTE
positions............................................ $ 7,784,500
Community services..................................... 39,013,900
Nutrition services..................................... 39,044,000
Foster grandparent volunteer program................... 2,233,600
Retired and senior volunteer program................... 627,300
Senior companion volunteer program..................... 1,604,400
Employment assistance.................................. 3,500,000
Respite care program................................... 5,868,700
GROSS APPROPRIATION.................................... $ 99,676,400
Appropriated from:
Federal revenues:
Total federal revenues................................. 57,525,800
Special revenue funds:
Total private revenues................................. 520,000
Merit award trust fund................................. 4,068,700
Total other state restricted revenues.................. 1,400,000
State general fund/general purpose..................... $ 36,161,900
Sec. 117. MEDICAL SERVICES ADMINISTRATION
Full-time equated classified positions.......... 500.5
Medical services administration--440.5 FTE positions... $ 90,248,500
Healthy Michigan plan administration--36.0 FTE
positions............................................ 49,342,300
Facility inspection contract........................... 132,800
MIChild administration................................. 3,500,000
Electronic health record incentive program--24.0 FTE
positions............................................ 144,226,200
GROSS APPROPRIATION.................................... $ 287,449,800
Appropriated from:
Federal revenues:
Total federal revenues................................. 241,588,100
Special revenue funds:
Total local revenues................................... 105,700
Total private revenues................................. 99,800
Total other state restricted revenues.................. 331,300
State general fund/general purpose..................... $ 45,324,900
Sec. 118. MEDICAL SERVICES
Hospital services and therapy.......................... $ 1,212,378,900
Hospital disproportionate share payments............... 45,000,000
Physician services..................................... 361,890,200
Medicare premium payments.............................. 408,503,400
Pharmaceutical services................................ 297,891,800
Home health services................................... 5,804,700
Hospice services....................................... 111,982,500
Transportation......................................... 21,888,200
Auxiliary medical services............................. 7,268,800
Dental services........................................ 222,143,900
Ambulance services..................................... 11,000,000
Long-term care services................................ 1,440,328,500
Integrated care organizations.......................... 454,700,100
Medicaid home- and community-based services waiver..... 325,318,000
Adult home help services............................... 262,816,800
Personal care services................................. 12,237,000
Program of all-inclusive care for the elderly.......... 75,738,600
Health plan services................................... 4,861,568,800
MIChild program........................................ 18,022,600
Federal Medicare pharmaceutical program................ 198,811,800
Maternal and child health.............................. 20,279,500
Healthy Michigan plan.................................. 3,215,577,600
Subtotal basic medical services program................ 13,591,151,700
School-based services.................................. 112,102,700
Special Medicaid reimbursement......................... 388,891,700
Subtotal special medical services payments............. 500,994,400
GROSS APPROPRIATION.................................... $ 14,092,146,100
Appropriated from:
Federal revenues:
Total federal revenues................................. 10,399,603,000
Special revenue funds:
Total local revenues................................... 35,664,600
Total private revenues................................. 2,100,000
Merit award trust fund................................. 101,766,000
Total other state restricted revenues.................. 1,909,417,800
State general fund/general purpose..................... $ 1,643,594,700
Sec. 119. INFORMATION TECHNOLOGY
Information technology services and projects........... $ 36,715,100
Michigan Medicaid information system................... 50,201,100
GROSS APPROPRIATION.................................... $ 86,916,200
Appropriated from:
Federal revenues:
Total federal revenues................................. 45,452,800
Special revenue funds:
Total private revenues................................. 20,000,000
Total other state restricted revenues.................. 1,985,800
State general fund/general purpose..................... $ 19,477,600
Sec. 120. ONE-TIME BASIS ONLY APPROPRIATIONS
University autism programs............................. $ 100
Pay for success contracts.............................. 100
Child and adolescent health services................... 100
Mental health commission recommendations............... 1,500,000
Dental clinic program.................................. 100
Drug policy initiatives................................ 100
Hospice services....................................... 100
GROSS APPROPRIATION.................................... $ 1,500,600
Appropriated from:..................................
State general fund/general purpose..................... $ 1,500,600
PART 1B
SUPPLEMENTAL LINE-ITEM APPROPRIATIONS
Sec. 191. There is appropriated for the department of
community health for the fiscal year ending September 30, 2015,
from the following funds:
DEPARTMENT OF COMMUNITY HEALTH
APPROPRIATION SUMMARY
GROSS APPROPRIATION.................................... $ 361,118,400
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 0
ADJUSTED GROSS APPROPRIATION........................... $ 361,118,400
Federal revenues:
Total federal revenues................................. 361,118,400
Special revenue funds:
Total local revenues................................... 0
Total private revenues................................. 0
Total other state restricted revenues.................. 0
State general fund/general purpose..................... $ 0
Sec. 192. BEHAVIORAL HEALTH SERVICES
Healthy Michigan plan - behavioral health.............. $ (10,575,200)
GROSS APPROPRIATION.................................... $ (10,575,200)
Appropriated from:
Federal revenues:
Total federal revenues................................. (10,575,200)
State general fund/general purpose..................... $ 0
Sec. 193. MEDICAL SERVICES
Healthy Michigan plan.................................. $ 371,693,600
Subtotal basic medical services program................ 371,693,600
GROSS APPROPRIATION.................................... $ 371,693,600
Appropriated from:
Federal revenues:
Total federal revenues................................. 371,693,600
State general fund/general purpose..................... $ 0
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
FOR FISCAL YEAR 2015-2016
GENERAL SECTIONS
Sec. 201. Pursuant to section 30 of article IX of the state
constitution of 1963, total state spending from state resources
under part 1 for fiscal year 2015-2016 is $5,251,663,500.00 and
state spending from state resources to be paid to local units of
government for fiscal year 2015-2016 is $1,126,972,500.00. The
itemized statement below identifies appropriations from which
spending to local units of government will occur:
DEPARTMENT OF COMMUNITY HEALTH
BEHAVIORAL HEALTH PROGRAM ADMINISTRATION AND SPECIAL PROJECTS
Community residential and support services............. $ 592,100
Housing and support services........................... 667,400
BEHAVIORAL HEALTH SERVICES
Medicaid mental health services........................ $ 785,127,300
Community mental health non-Medicaid services.......... 117,050,400
Mental health services for special populations......... 8,842,800
Medicaid substance use disorder services............... 16,157,300
State disability assistance program substance use
disorder services................................... 2,018,000
Community substance use disorder prevention,
education, and treatment............................ 14,553,400
Children's waiver home care program.................... 6,880,000
Nursing home PAS/ARR-OBRA.............................. 2,725,300
LABORATORY SERVICES
Laboratory services.................................... $ 5,000
EPIDEMIOLOGY AND INFECTIOUS DISEASE
Sexually transmitted disease control program........... $ 377,000
LOCAL HEALTH ADMINISTRATION AND GRANTS
Essential local public health services................. $ 34,199,500
Implementation of 1993 PA 133, MCL 333.17015........... 300
CHRONIC DISEASE AND INJURY PREVENTION AND HEALTH PROMOTION
AIDS prevention, testing, and care programs............ $ 606,100
Cancer prevention and control program.................. 116,700
FAMILY, MATERNAL, AND CHILDREN'S HEALTH SERVICES
Prenatal care outreach and service delivery support.... $ 2,044,900
CHILDREN'S SPECIAL HEALTH CARE SERVICES
Outreach and advocacy.................................. $ 2,204,000
Medical care and treatment............................. 949,800
CRIME VICTIM SERVICES COMMISSION
Crime victim rights services grants.................... $ 6,389,800
OFFICE OF SERVICES TO THE AGING
Community services..................................... $ 13,333,500
Nutrition services..................................... 9,287,000
Foster grandparent volunteer program................... 579,200
Retired and senior volunteer program................... 197,300
Senior companion volunteer program..................... 351,400
Respite care program................................... 5,868,700
MEDICAL SERVICES
Hospital services and therapy.......................... $ 2,449,500
Physician services..................................... 10,665,900
Dental services........................................ 1,202,000
Long-term care services................................ 81,530,900
TOTAL OF PAYMENTS TO LOCAL UNITS
OF GOVERNMENT.......................................... $ 1,126,972,500
Sec. 202. The appropriations authorized under this part and
part 1 are subject to the management and budget act, 1984 PA 431,
MCL 18.1101 to 18.1594.
Sec. 203. As used in this part and part 1:
(a) "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) "Current fiscal year" means the fiscal year ending
September 30, 2016.
(d) "Department" means the department of community health.
(e) "Director" means the director of the department.
(f) "DSH" means disproportionate share hospital.
(g) "EPSDT" means early and periodic screening, diagnosis, and
treatment.
(h) "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.
(i) "FTE" means full-time equated.
(j) "GME" means graduate medical education.
(k) "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.
(l) "HEDIS" means healthcare effectiveness data and
information set.
(m) "HMO" means health maintenance organization.
(n) "IDEA" means the individuals with disabilities education
act, 20 USC 1400 to 1482.
(o) "MCH" means maternal and child health.
(p) "Medicare" means subchapter XVIII of the social security
act, 42 USC 1395 to 1395lll.
(q) "MIChild" means the program described in section 1670.
(r) "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.
(s) "PIHP" means a governmental 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.
(t) "Temporary assistance for needy families" means part A of
subchapter IV of the social security act, 42 USC 601 to 619.
(u) "Title X" means title X of the public health service act,
42 USC 300 to 300a-8, that establishes grants to states for family
planning services.
(v) "Title XIX" and "Medicaid" mean subchapter XIX of the
social security act, 42 USC 1396 to 1396w-5.
Sec. 204. It is the intent of the legislature that any
proposal for a new program or an expansion of an existing program
in excess of $1,000,000.00 initiated by the executive branch or the
legislature shall include, as part of the original proposal or
budget request, a list of benchmarks intended to measure the
performance or return on taxpayer investment of the program or
spending increase.
Sec. 206. (1) In addition to the funds appropriated in part 1,
there is appropriated an amount not to exceed $200,000,000.00 for
federal contingency funds. These funds are not available for
expenditure until they have been transferred to another line item
in 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 $40,000,000.00 for state
restricted contingency funds. These funds are not available for
expenditure until they have been transferred to another line item
in 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 $20,000,000.00 for local
contingency funds. These funds are not available for expenditure
until they have been transferred to another line item in part 1
under section 393(2) of the management and budget act, 1984 PA 431,
MCL 18.1393.
(4) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $40,000,000.00 for private
contingency funds. These funds are not available for expenditure
until they have been transferred to another line item in part 1
under section 393(2) of the management and budget act, 1984 PA 431,
MCL 18.1393.
Sec. 207. The department shall maintain, on a public
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. 208. 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
may include transmission of reports via electronic mail to the
recipients identified for each reporting requirement, or it may
include placement of reports on the Internet.
Sec. 209. Funds appropriated in part 1 shall not be used for
the purchase of foreign goods or services, or both, if
competitively priced and of comparable quality American goods or
services, or both, are available. Preference shall be given to
goods or services, or both, manufactured or provided by Michigan
businesses if they are competitively priced and of comparable
quality. In addition, preference shall be given to goods or
services, or both, that are manufactured or provided by Michigan
businesses owned and operated by veterans if they are competitively
priced and of comparable quality.
Sec. 210. The director and the director of the office of
services to the aging 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 and the director of the office of services to the aging
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. 211. 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. 212. (1) On or before February 1 of the current fiscal
year, the department shall report to the house and senate
appropriations subcommittees on community health, the house and
senate fiscal agencies, and the state budget director on the
detailed name and amounts of 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. 213. 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.
(e) Any other information considered necessary by the house of
representatives or senate appropriations committees or the state
budget director.
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
deductions 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. 218. The department shall include the following in its
annual list of proposed basic health services as required in part
23 of the public health code, 1978 PA 368, MCL 333.2301 to
333.2321:
(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, MCL 333.5431, or
recommended by the newborn screening quality assurance advisory
committee created under section 5430 of the public health code,
1978 PA 368, MCL 333.5430.
(g) Community health 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, MCL
333.2611. The department may develop a master agreement with the
Institute to carry out these purposes for up to a 3-year period.
The department shall report to the house and senate appropriations
subcommittees on community health, the house and senate fiscal
agencies, and the state budget director on or before January 1 of
the current fiscal year all of the following:
(a) A detailed description of each funded project.
(b) The amount allocated for each project, the appropriation
line item from which the allocation is funded, and the source of
financing for each project.
(c) The expected project duration.
(d) A detailed spending plan for each project, including a
list of all subgrantees and the amount allocated to each
subgrantee.
(2) On or before September 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 part 1 and allocated to
the Michigan Public Health Institute.
Sec. 223. The department may establish and collect fees for
publications, videos and related materials, conferences, and
workshops. Collected fees 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.
Sec. 264. (1) Upon submission of a Medicaid waiver, a Medicaid
state plan amendment, or a similar proposal to the Centers for
Medicare and Medicaid Services, the department shall notify the
house and senate appropriations subcommittees on community health,
the house and senate fiscal agencies, and the state budget office
of the submission.
(2) The department shall provide written or verbal biannual
reports to the senate and house appropriations subcommittees on
community health, the senate and house fiscal agencies, and the
state budget office summarizing the status of any new or ongoing
discussions with the Centers for Medicare and Medicaid Services or
the United States Department of Health and Human Services regarding
potential or future Medicaid waiver applications.
(3) The department shall inform the senate and house
appropriations subcommittees on community health and the senate and
house fiscal agencies of any alterations or adjustments made to the
published plan for integrated care for individuals who are eligible
for both Medicare and Medicaid when the final version of the plan
has been submitted to the federal Centers for Medicare and Medicaid
Services or the United States Department of Health and Human
Services.
Sec. 266. 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. 267. 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 pursuant to
section 106(4) of the social welfare act, 1939 PA 280, MCL 400.106,
or any other statute under which the department has the right to
recover expenses. By March 1 and September 1 of the current fiscal
year, the department shall submit a written report to the house and
senate appropriations subcommittees on community health, the house
and senate fiscal agencies, and the state budget office which
includes, at a minimum, all of the following:
(a) The total amount recovered from the legal action.
(b) The program or service for which the money was originally
expended.
(c) Details on the disposition of the funds recovered such as
the appropriation or revenue account in which the money was
deposited.
(d) A description of the facts involved in the legal action.
Sec. 276. 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. 282. (1) The department shall work with the department of
technology, management, and budget to plan for the development of
an automated annual metric collection, validation, and reporting
system for contracts. The department shall report the status of
this work to the house and senate appropriations subcommittees on
community health and the house and senate fiscal agencies by
February 1 of the current fiscal year.
(2) It is the intent of the legislature that the automated
system established in subsection (1) shall be able to generate a
report to the house and senate appropriations subcommittees on
community health and the house and senate fiscal agencies that
presents performance metrics on all new or existing contracts at
renewal of $1,000,000.00 or more funded only with state general
fund/general purpose or state restricted resources. The performance
metrics shall include, at a minimum, service delivery volumes and
provider or beneficiary outcomes.
Sec. 285. The department shall participate in a work group to
investigate means of minimizing fraud in the MIBridges benefits
programs. The members of the workgroup shall include, but are not
limited to, the department and the departments of human services,
state, and state police, and members of the house of
representatives and the senate. The workgroup shall, at a minimum,
address the following possibilities and make recommendations on the
implementation of any of the following items considered feasible:
(a) Whether the department of human services' policies
concerning the replacement of lost bridge cards sufficiently deter
improper use of those cards.
(b) What technologies may exist to deter the sale or other
improper use of bridge cards.
(c) Whether a state driver license or state identification
card might be used to replace the existing bridge cards.
(d) What federal policies exist that may inhibit or enhance
adoption of fraud minimization actions.
Sec. 287. 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. 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 community health, 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. 290. By the first day of each month of the current fiscal
year, the department shall report on the status of the merger,
executed under Executive Order No. 2015-4, of the department of
community health and the department of human services to create the
department of health and human services. The department shall
provide the report to the house and senate appropriations
subcommittees on community health, the house and senate
appropriations subcommittees on human services, and the house and
senate fiscal agencies. The report must include, but not be limited
to, the current status of FTE positions, facilities in use,
services including restructuring or consolidation, efficiencies,
and estimated savings or costs associated with the merger. The
report must indicate changes from the prior report.
Sec. 292. 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. 296. 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, 2015 and September 30, 2016.
Sec. 297. Total authorized appropriations from all sources
under part 1 for legacy costs for the fiscal year ending September
30, 2016 are $87,425,100.00. From this amount, total agency
appropriations for pension-related legacy costs are estimated at
$49,623,700.00. Total agency appropriations for retiree health care
legacy costs are estimated at $37,801,400.00.
Sec. 298. From the funds appropriated in part 1 for the
Michigan Medicaid information system line item, $20,000,000.00 in
private revenue will be allocated for the Michigan-Illinois
alliance Medicaid management information systems project.
Sec. 299. 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.
BEHAVIORAL HEALTH SERVICES
Sec. 401. 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. 402. (1) From 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 community health, the senate
and house fiscal agencies, and the state budget director if either
of the following occurs:
(a) Any new contracts with CMHSPs or PIHPs that would affect
rates or expenditures are enacted.
(b) Any amendments to contracts with CMHSPs or PIHPs that
would affect rates or expenditures are enacted.
(3) The report required by subsection (2) shall include
information about the changes and their effects on rates and
expenditures.
Sec. 403. (1) From the funds appropriated in part 1 for mental
health services for special populations, the department may require
each contractor to provide data and information on performance-
related metrics. These metrics may include, but are not limited to,
all of the following:
(a) Each contractor or subcontractor shall have a mission that
is consistent with the purpose of multicultural integration
funding.
(b) Each contractor shall validate that any subcontractors
utilized within these appropriations share the same mission as the
lead agency receiving funding.
(c) Each contractor or subcontractor shall demonstrate cost-
effectiveness.
(d) Each contractor or subcontractor shall ensure its ability
to leverage private dollars to strengthen and maximize service
provision.
(e) Each contractor or subcontractor shall provide timely and
accurate reports regarding the number of clients served, units of
service provision, and ability to meet its stated goals.
(2) The department shall require an annual report from the
contractors that receive mental health services for special
populations funding. 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 community health, the senate and
house fiscal agencies, and the state budget office.
(3) The department of human services and the department shall
convene a workgroup to discuss and make recommendations on
including accreditation in the contractor specifications and
potentially moving toward competitive bidding. Each contractor
required to provide data per this section shall be invited to
participate in the workgroup.
Sec. 404. (1) Not later than May 31 of the current fiscal
year, the department shall provide a report on the CMHSPs, PIHPs,
regional entities designated by the department as PIHPs, and
managing entities for substance use disorders to the members of the
house and senate appropriations subcommittees on community health,
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,
regional entity designated by the department as a PIHP, and
managing entity for substance use disorders and a statewide
summary, each of which shall include at least the following
information:
(a) A demographic description of service recipients which,
minimally, shall include reimbursement eligibility, client
population, age, ethnicity, housing arrangements, and diagnosis.
(b) Per capita expenditures 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 client group and
fund source; and cost information by Medicaid and Healthy Michigan
plan service category, 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 services and supports. Service category
includes all department-approved services. General fund
expenditures should reflect those funds used to cover uninsured
individuals including Medicaid spenddowns.
(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 community mental health
services programs 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 code and
the determination of any appeals.
(g) An analysis of information provided by CMHSPs in response
to the needs assessment requirements of the mental health code,
1974 PA 258, MCL 330.1001 to 330.2106.
(h) Lapses and carryforwards during the immediately preceding
fiscal year for CMHSPs, PIHPs, regional entities designated by the
department as PIHPs, and managing entities for substance use
disorders.
(i) Information about contracts for both administrative and
mental health services entered into by CMHSPs, PIHPs, regional
entities designated by the department as PIHPs, and managing
entities for substance use disorders with providers and others,
including, but not limited to, all of the following:
(i) The amount of the contract, organized by type of service
provided.
(ii) Payment rates, organized by the type of service provided.
(iii) Administrative costs, including contract and consultant
costs, for services provided to CMHSPs, PIHPs, regional entities
designated by the department as PIHPs, and managing entities for
substance use disorders.
(j) Information on the community mental health Medicaid
managed care and Healthy Michigan plan programs, including, but not
limited to, the following:
(i) Expenditures by each CMHSP, PIHP, regional entity
designated by the department as a PIHP, and managing entity for
substance use disorders organized by Medicaid eligibility group,
including per eligible individual expenditure averages.
(ii) Expenditures on, and utilization of, each Medicaid and
Healthy Michigan plan service category by each CMHSP, PIHP,
regional entity designated by the department as a PIHP, and
managing entity for substance use disorders.
(iii) Performance indicator information required to be
submitted to the department in the contracts with CMHSPs, PIHPs,
regional entities designated by the department as PIHPs, and
managing entities for substance use disorders.
(k) An estimate of the number of direct care workers, and the
average rate of pay for those direct care workers, providing
services in local residential settings and the number of
paraprofessional and other nonprofessional direct care workers, and
the average rate of pay for those paraprofessional and
nonprofessional direct care workers, providing services in settings
where skill building, community living supports and training, and
personal care services are provided by CMHSPs, PIHPs, regional
entities designated by the department as PIHPs, and managing
entities for substance use disorders as of September 30 of the
prior fiscal year employed directly or through contracts with
provider organizations.
(l) Administrative expenditures of each CMHSP, PIHP, regional
entity designated by the department as a PIHP, and managing entity
for substance use disorders that includes 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 department shall include data reporting requirements
listed in subsection (2) in the annual contract with each
individual CMHSP, PIHP, regional entity designated by the
department as a PIHP, and managing entity for substance use
disorders.
(4) The department shall take all reasonable actions to ensure
that the data required are complete and consistent among all
CMHSPs, PIHPs, regional entities designated by the department as
PIHPs, and managing entities for substance use disorders.
Sec. 406. (1) The funds appropriated in part 1 for the state
disability assistance substance use disorder services program shall
be used to support per diem room and board payments in substance
use disorder residential facilities. Eligibility of clients for the
state disability assistance substance use disorder services program
shall include needy persons 18 years of age or older, or
emancipated minors, who reside in a substance use disorder
treatment center.
(2) The department shall reimburse all licensed substance use
disorder programs eligible to participate in the program at a rate
equivalent to that paid by the department of human services to
adult foster care providers. Programs accredited by department-
approved accrediting organizations shall be reimbursed at the
personal care rate, while all other eligible programs shall be
reimbursed at the domiciliary care rate.
Sec. 407. (1) The amount appropriated in part 1 for substance
use disorder prevention, education, and treatment grants 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. 408. (1) By April 1 of the current fiscal year, the
department shall report the following data from the prior fiscal
year on substance use disorder prevention, education, and treatment
programs to the senate and house appropriations subcommittees on
community health, the senate and house fiscal agencies, and the
state budget office:
(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. Additionally, data on administrative expenditures by
department-designated community mental health entity shall be
reported.
(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.
(2) The department shall take all reasonable actions to ensure
that the required data reported are complete and consistent among
all department-designated community mental health entities.
Sec. 410. The department shall assure that substance use
disorder treatment is provided to applicants and recipients of
public assistance through the department of human services who are
required to obtain substance use disorder treatment as a condition
of eligibility for public assistance.
Sec. 411. (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. 418. On or before the twenty-fifth of each month, the
department shall report to the senate and house appropriations
subcommittees on community health, 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. 424. Each PIHP that contracts with the department to
provide services to the Medicaid population shall adhere to the
following timely claims processing and payment procedure for claims
submitted by health professionals and facilities:
(a) A "clean claim" as described in section 111i of the social
welfare act, 1939 PA 280, MCL 400.111i, shall be paid within 45
days after receipt of the claim by the PIHP. A clean claim that is
not paid within this time frame shall bear simple interest at a
rate of 12% per annum.
(b) A PIHP shall state in writing to the health professional
or facility any defect in the claim within 30 days after receipt of
the claim.
(c) A health professional and a health facility have 30 days
after receipt of a notice that a claim or a portion of a claim is
defective within which to correct the defect. The PIHP shall pay
the claim within 30 days after the defect is corrected.
Sec. 428. Each PIHP shall provide, from internal resources,
local funds to be used as a bona fide part of the state match
required under the Medicaid program in order to increase capitation
rates for PIHPs. These funds shall not include either state funds
received by a CMHSP for services provided to non-Medicaid
recipients or the state matching portion of the Medicaid capitation
payments made to a PIHP.
Sec. 435. A county required under the provisions of the mental
health code, 1974 PA 258, MCL 330.1001 to 330.2106, to provide
matching funds to a CMHSP for mental health services rendered to
residents in its jurisdiction shall pay the matching funds in equal
installments on not less than a quarterly basis throughout the
fiscal year, with the first payment being made by October 1 of the
current fiscal year.
Sec. 436. Of the funds appropriated to the Detroit Wayne
County Mental Health Authority, $8,900,000.00 shall be used to fund
mental health services at the Wayne County adult and juvenile
detention facilities.
Sec. 458. Medicaid services shall include treatment for autism
spectrum disorders as defined in the federally approved Medicaid
state plan. Such alternatives may be coordinated with the Medicaid
health plans and the Michigan Association of Health Plans.
Sec. 494. (1) Contingent upon federal approval, if a CMHSP,
PIHP, or subcontracting provider agency is reviewed and accredited
by a national accrediting entity for behavioral health care
services, the department, by April 1 of the current fiscal year,
shall consider that CMHSP, PIHP, or subcontracting provider agency
in compliance with state program review and audit requirements that
are addressed and reviewed by that national accrediting entity.
(2) By June 1 of the current fiscal year, the department shall
report to the house and senate appropriations subcommittees on
community health, the house and senate fiscal agencies, and the
state budget office all of the following:
(a) A list of each CMHSP, PIHP, and subcontracting provider
agency that is considered in compliance with state program review
and audit requirements under subsection (1).
(b) For each CMHSP, PIHP, or subcontracting provider agency
described in subdivision (a), all of the following:
(i) The state program review and audit requirements that the
CMHSP, PIHP, or subcontracting provider agency is considered 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.
(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 other appropriate entity, as approved by the
department.
Sec. 495. From the funds appropriated in part 1 for behavioral
health program administration, $4,350,000.00 is intended to address
the recommendations of the mental health diversion council.
Sec. 497. The population data used in determining the
distribution of substance use disorder block grant funds shall be
from the most recent federal census.
Sec. 498. For distribution of state general funds to CMHSPs,
if the department decides to use census data, the department shall
use the most recent federal decennial census data available.
Sec. 502. (1) The department shall continue developing an
outreach program on fetal alcohol syndrome services.
(2) The department shall explore federal grant funding to
address prevention services for fetal alcohol syndrome and reduce
alcohol consumption among pregnant women.
Sec. 503. The department shall notify the Michigan Association
of Community Mental Health Boards when developing policies and
procedures that will impact PIHPs or CMHSPs.
Sec. 504. (1) The department shall continue to work with the
workgroup created to make recommendations to achieve more
uniformity in capitation payments made to the PIHPs.
(2) The workgroup shall include but not be limited to
representatives of the department, PIHPs, and CMHSPs.
(3) The department shall provide the workgroup's
recommendations to the senate and house appropriations
subcommittees on community health, the senate and house fiscal
agencies, and the state budget director by March 1 of the current
fiscal year.
Sec. 505. 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. 506. No later than June 1 of the current fiscal year, the
department shall provide the house and senate appropriations
subcommittees on community health, the house and senate fiscal
agencies, and the state budget office with the most recent cost
data information submitted by the CMHSPs on how the funds
appropriated in part 1 for the community mental health services
non-Medicaid services line item were expended by each CMHSP. At a
minimum, the information must include CMHSPs general fund/general
purpose costs for each of the following categories: administration,
prevention, jail diversion and treatment services, MIChild program,
children's waiver home care program, children with serious
emotional disturbance waiver program, services provided to
individuals with mental illness and developmental disabilities who
are not eligible for Medicaid, and the Medicaid spenddown
population.
Sec. 507. (1) From the funds appropriated in part 1 for
behavioral health program administration, the department shall
establish a psychiatric residential treatment facility and
children's behavioral action 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.
STATE PSYCHIATRIC HOSPITALS AND FORENSIC MENTAL HEALTH SERVICES
Sec. 601. 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. 602. 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. 605. (1) The department shall not implement any closures
or consolidations of state hospitals, centers, or agencies until
CMHSPs or PIHPs have programs and services in place for those
individuals currently in those facilities and a plan for service
provision for those individuals who would have been admitted to
those facilities.
(2) All closures or consolidations are dependent upon adequate
department-approved CMHSP and PIHP plans that include a discharge
and aftercare plan for each individual currently in the facility. A
discharge and aftercare plan shall address the individual's housing
needs. A homeless shelter or similar temporary shelter arrangements
are inadequate to meet the individual's housing needs.
(3) Four months after the certification of closure required in
section 19(6) of the state employees' retirement act, 1943 PA 240,
MCL 38.19, the department shall provide a closure plan to the house
and senate appropriations subcommittees on community health and the
state budget director.
(4) Upon the closure of state-run operations and after
transitional costs have been paid, the remaining balances of funds
appropriated for that operation shall be transferred to CMHSPs or
PIHPs responsible for providing services for individuals previously
served by the operations.
Sec. 606. 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. 608. 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.
PUBLIC HEALTH ADMINISTRATION
Sec. 651. The department shall work with the Michigan health
endowment fund corporation established pursuant to section 653 of
the nonprofit health care corporation reform act, 1980 PA 350, MCL
550.1653, to explore ways to expand health and wellness programs.
Sec. 654. From the funds appropriated in part 1 for health and
wellness initiatives, $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.
HEALTH POLICY
Sec. 712. From the funds appropriated in part 1 for primary
care services, $250,000.00 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. 713. The department shall continue support of
multicultural agencies that provide primary care services from the
funds appropriated in part 1.
Sec. 715. 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. 717. The department may award health innovation grants to
address emerging issues and encourage cutting edge advances in
health care including strategic partners in both the public and
private sectors.
Sec. 718. (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. Over the next 4 years 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) By March 1 and September 1 of the current fiscal year, the
department shall submit a written report to the house and senate
appropriations subcommittees on community health, the house and
senate fiscal agencies, and the state budget office on the status
of the program and progress made since the prior report.
EPIDEMIOLOGY AND INFECTIOUS DISEASE
Sec. 851. From the funds appropriated in part 1 for the
healthy homes program, no less than $1,750,000.00 shall be
allocated for lead abatement of homes.
Sec. 852. The department shall implement a plan designed to
improve Michigan's childhood and adolescent immunization rates. The
department shall engage organizations working to provide
immunizations and education about the value of vaccines, including,
but not limited to, statewide organizations representing health
care providers, local public health departments, child health
interest groups, and private foundations with a mission to increase
immunization rates.
LOCAL HEALTH ADMINISTRATION AND GRANTS
Sec. 901. The amount appropriated in part 1 for implementation
of the 1993 additions of or amendments to sections 9161, 16221,
16226, 17014, 17015, and 17515 of the public health code, 1978 PA
368, MCL 333.9161, 333.16221, 333.16226, 333.17014, 333.17015, and
333.17515, shall be used to reimburse local health departments for
costs incurred related to implementation of section 17015(18) of
the public health code, 1978 PA 368, MCL 333.17015.
Sec. 902. 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. 904. (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
environmental quality.
(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).
FAMILY, MATERNAL, AND CHILDREN'S HEALTH SERVICES
Sec. 1103. By January 3 of the current fiscal year the
department shall annually issue to the legislature, and to the
public on the Internet, a report providing estimated public funds
administered by the department for family planning, sexually
House Bill No. 4102 as amended April 28, 2015
transmitted infection prevention and treatment, and pregnancies and
births, as well as demographics collected by the department as
voluntarily self-reported by individuals utilizing those services.
The department shall provide the actual expenditures by marital
status or, where actual expenditures are not available, shall
provide estimated expenditures by marital status. The department
may utilize the DCH-1426 application for health coverage and help
paying costs or any other official application for public
assistance for medical coverage to determine the actual or
estimated public expenditures based on marital status.
Sec. 1106. Each family planning program receiving federal
title X family planning funds under 42 USC 300 to 300a-8 shall be
in compliance with all performance and quality assurance indicators
that the office of population affairs within the United States
Department of Health and Human Services specifies in the program
guidelines for project grants for family planning services. An
agency not in compliance with the indicators shall not receive
supplemental or reallocated funds.
[Sec. 1107. The department shall not contract with an organization which 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 which 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. 1108. The department shall not use state restricted funds
or state general 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. 1109. (1) From the amounts appropriated in part 1 for
dental programs, funds shall be allocated to the Michigan Dental
Association for the administration of a volunteer dental program
that provides dental services to the uninsured.
(2) Not later than December 1 of the current fiscal year, the
department shall report to the senate and house appropriations
subcommittees on community health and the senate and house standing
committees on health policy the number of individual patients
treated, number of procedures performed, and approximate total
market value of those procedures from the immediately preceding
fiscal year.
Sec. 1136. From the funds appropriated in part 1 for prenatal
care outreach and service delivery support, $50,000.00 shall be
allocated for a pregnancy and parenting support services program,
which program 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 community
health and the house and senate fiscal agencies by April 1 of the
current fiscal year on the number of clients served.
Sec. 1137. 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. 1138. The department shall allocate funds appropriated in
section 112 of part 1 for family, maternal, and children's health
services pursuant to section 1 of 2002 PA 360, MCL 333.1091.
Sec. 1139. The department shall continue to work jointly with
the department of human services, the Michigan state housing
development authority, and the joint task force established under
article IV of 2014 PA 252 to review housing rehabilitation, energy
and weatherization, and hazard abatement program policies and to
make recommendations for integrating and coordinating project
delivery with the goals of serving more families and achieving
better outcomes by maximizing state and federal resources. The
joint task force may provide recommendations to the departments.
Recommendations of the joint task force must give consideration to
best practices and cost effectiveness.
WOMEN, INFANTS, AND CHILDREN FOOD AND NUTRITION PROGRAM
Sec. 1151. For the women, infants, and children special
supplemental food and nutrition program, the department shall make
national brand products available if it is determined by the
department that the price per unit is more cost effective and
satisfies nutritional requirements of the federal program. The
determination must be made during the biannual food authorization
evaluation.
CHILDREN'S SPECIAL HEALTH CARE SERVICES
Sec. 1202. 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. 1205. From the funds appropriated in part 1 for medical
care and treatment, the department is authorized to 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.
CRIME VICTIM SERVICES COMMISSION
Sec. 1302. From the funds appropriated in part 1 for 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.
OFFICE OF SERVICES TO THE AGING
Sec. 1403. (1) By February 1 of the current fiscal year, the
office of services to the aging shall require each region to report
to the office of services to the aging 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 community health, 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.
MEDICAL SERVICES ADMINISTRATION
Sec. 1501. The unexpended funds appropriated in part 1 for the
electronic health records incentive program are considered work
project appropriations, and any unencumbered or unallotted funds
are carried forward into the following 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 project to be carried forward 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 according to the
approved federal advanced planning document.
(c) The estimated cost of this project phase is identified in
the appropriation line item.
(d) The tentative completion date for the work project is
September 30, 2020.
Sec. 1503. From the funds appropriated in part 1 for Healthy
Michigan plan administration, the department shall maintain an
accounting structure within the Michigan administrative information
network that will allow expenditures associated with the
administration of the Healthy Michigan plan to be identified.
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. 1603. (1) The department may establish a program for
individuals to purchase medical coverage at a rate determined by
the department.
(2) The department may receive and expend premiums for the
buy-in of medical coverage in addition to the amounts appropriated
in part 1.
(3) The premiums described in this section shall be classified
as private funds.
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, MCL 400.106, shall be 100% of the related public
assistance standard.
Sec. 1606. For the purpose of guardian and conservator
charges, the department may deduct up to $60.00 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) An applicant qualified as described in subsection (1)
shall be given a letter of authorization to receive Medicaid
covered services related to her pregnancy. 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 recipients who do not
reside in nursing homes, the pharmaceutical dispensing fee shall be
$2.75 or the pharmacy's usual or customary cash charge, whichever
is less. For nursing home residents, the pharmaceutical dispensing
fee shall be $3.00 or the pharmacy's usual or customary cash
charge, whichever is less.
(2) The department shall require a prescription co-payment for
Medicaid recipients of $1.00 for a generic drug and $3.00 for a
brand-name drug, except as prohibited by federal or state law or
regulation.
Sec. 1625. The department and the contracted Medicaid health
plans shall work together to successfully achieve the
pharmaceutical formulary savings in part 1 through a mutually
agreed upon developmental and implementation process. By March 1 of
the current fiscal year, the department shall provide a report on
the progress of the implementation to the house and senate
appropriations subcommittees on community health and the house and
senate fiscal agencies.
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
regulations, the department shall require Medicaid recipients 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) One dollar for an outpatient hospital visit.
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. 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: 404, 411, 418, 428, 494,
1607, 1625, 1657, 1662, 1699, 1764, 1820, 1881, and 1888.
Sec. 1662. (1) The department shall assure 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 community health, 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 federally
approved MIChild state plan.
(3) Children whose category of eligibility changes between the
Medicaid and MIChild programs shall be assured of keeping their
current health care providers through the current prescribed course
of treatment for up to 1 year, subject to periodic reviews by the
department if the beneficiary has a serious medical condition and
is undergoing active treatment for that condition.
(4) To be eligible for the MIChild program, a child must be
residing in a family with an adjusted gross income of less than or
equal to 212% of the federal poverty level. The department's
verification policy shall be used to determine eligibility.
(5) The department shall contract with Medicaid health plans
to provide physical health services to MIChild enrollees. The
department may continue to obtain physical health services for
MIChild enrollees from health maintenance organizations and
preferred provider organizations currently under contract for
whatever duration is needed as determined by the department. The
department shall contractually require that health plans pay out-
of-network providers at the department fee schedule. The department
shall contract with qualified dental plans to provide dental
coverage for MIChild enrollees.
(6) The department may enter into contracts to obtain certain
MIChild services from community mental health service programs.
(7) The department may make payments on behalf of children
enrolled in the MIChild program from the line-item appropriation
associated with the program as described in the MIChild state plan
approved by the United States Department of Health and Human
Services, or from other medical services.
(8) The department shall assure that an external quality
review of each MIChild contractor, as described in subsection (5),
is performed, which analyzes and evaluates the aggregated
information on quality, timeliness, and access to health care
services that the contractor furnished to MIChild beneficiaries.
(9) The department shall develop an automatic enrollment
algorithm that is based on quality and performance factors.
(10) MIChild services shall include treatment for autism
spectrum disorders as defined in the federally approved Medicaid
state plan.
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, $386,700.00 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
includes a children's hospital that has a high indigent care
volume.
Sec. 1699. (1) The department shall allocate $45,000,000.00 in
DSH funding using the distribution methodology used in fiscal year
2003-2004.
(2) By September 30 of the current fiscal year, the department
shall report to the senate and house appropriations subcommittees
on community health, the senate and house fiscal agencies, and the
state budget office on the distribution of funding to each eligible
hospital.
Sec. 1724. The department shall allow licensed pharmacies to
purchase injectable drugs for the treatment of respiratory
syncytial virus for shipment to physicians' offices to be
administered to specific patients. If the affected patients are
Medicaid eligible, the department shall reimburse pharmacies for
the dispensing of the injectable drugs and reimburse physicians for
the administration of the injectable drugs.
Sec. 1730. (1) The department shall work with the department
of education to evaluate the feasibility of including an assessment
tool to promote literacy development of pregnant women and new
mothers in the maternal infant health program.
(2) 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, and the state budget office on the findings of the
feasibility study on including an assessment tool to promote
literacy development of pregnant women and new mothers in the
maternal infant health program.
Sec. 1735. The department shall work with ambulance providers
to explore the feasibility of implementing a quality assurance
assessment for ambulance providers.
Sec. 1757. The department shall direct the department of human
services to 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. 1764. The department shall provide a copy of the rate
certification and approval of rates paid to Medicaid health plans
and specialty prepaid inpatient health plans within 5 business days
after certification or approval to the house and senate
appropriations subcommittees on community health and the house and
senate fiscal agencies.
Sec. 1775. (1) By March 1 and September 1 of the current
fiscal year, the department shall report to the senate and house
appropriations subcommittees on community health, 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, but not limited to, a description of how the
department intends to ensure that service delivery is integrated,
how key components of the proposal are implemented effectively, and
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. 1800. The department shall distribute the $85,000,000.00
Medicaid value disproportionate share hospital payment pool based
on metrics utilized to determine value.
Sec. 1801. From the funds appropriated in part 1 for physician
services and health plan services, the department shall use
$33,318,800.00 in general fund/general purpose plus associated
federal match to 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 under the personal supervision
of a physician, who is 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
House Bill No. 4102 as amended April 28, 2015
eligible for the increase. The department shall establish policies
that most effectively limit the increase to primary care providers
for primary care services only.
Sec. 1802. From the funds appropriated in part 1, a lump-sum
payment shall be made to hospitals that qualified for rural
hospital access payments in fiscal year 2013-2014 and that provide
obstetrical care in the current fiscal year. The payment shall be
calculated as $830.00 for each obstetrical care case payment and
each newborn care case payment for all such cases billed by the
qualified hospitals for fiscal year 2012-2013 and shall be paid
through the Medicaid health plan hospital rate adjustment process
by January 1 of the current fiscal year.
Sec. 1804. The department, in cooperation with the department
of human services and the department of military and veterans
affairs, shall 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.
[Sec. 1809. The department shall establish the contract performance standards for Medicaid health plans by July 1, 2016. The determination of performance must be based on recognized concepts such as 1-year continuous enrollment and the HEDIS audited data.]
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.
(4) By July 1 of the current fiscal year, the department shall
provide a progress report to the house and senate appropriations
subcommittees on community health, the house and senate fiscal
agencies, and the state budget office on implementation of this
section.
Sec. 1837. The department shall continue, and expand where
appropriate, utilization of telemedicine and telepsychiatry as
strategies to increase access to services for Medicaid recipients
in medically underserved areas.
Sec. 1842. (1) Subject to the availability of funds, the
department shall adjust the hospital outpatient Medicaid
reimbursement rate for qualifying hospitals as provided in this
section. The Medicaid reimbursement rate for qualifying hospitals
shall be adjusted to provide each qualifying hospital with its
actual cost of delivering outpatient services to Medicaid
recipients.
(2) As used in this section, "qualifying hospital" means a
hospital that has not more than 50 staffed beds and is either
located outside a metropolitan statistical area or in a
metropolitan statistical area but within a city, village, or
township with a population of not more than 12,000 according to the
official 2010 federal decennial census and within a county with a
population of not more than 165,000 according to the official 2010
federal decennial census.
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. 1861. The department shall encourage cooperation between
the Medicaid managed care health plans and the nonprofit entities
providing nonemergency transportation services to pilot a
nonemergency transportation system in at least 2 counties with
priority given to Berrien and Muskegon Counties.
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. 1866. (1) From the funds appropriated in part 1 for
hospital services and therapy, $10,000,000.00 in general
fund/general purpose revenue and any associated federal match shall
be awarded to 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.
(2) No hospital or hospital system shall receive more than
10.0% of the total funding referenced in subsection (1).
(3) To allow hospitals to understand their rural payment
amounts under this section, the department shall provide hospitals
with the methodology for distribution under this section 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.
(4) The department shall report to the senate and house
appropriations subcommittees on community health and the senate and
house fiscal agencies on the distribution of funds referenced in
subsection (1) by April 1 of the current fiscal year.
Sec. 1870. It is the intent of the legislature that the
department work in collaboration with Michigan-based medical
schools that choose to participate in the creation of a graduate
medical education consortium known as MIDocs. The purpose of MIDocs
is to develop freestanding residency training programs in primary
care and other ambulatory care-based specialties. MIDocs shall
design residency training programs to address physician shortage
needs in this state, including placing physicians post-residency in
underserved communities across this state. MIDocs shall give
special consideration to small and rural hospitals with a GME
program director. MIDocs' voting members will include any Michigan-
based university with a medical school or an affiliated faculty
practice physician group that is making a substantial contribution
to MIDocs programs. The department shall be a permanent nonvoting
member of MIDocs. The department, in collaboration with MIDocs
voting members, may also appoint nonvoting members to MIDocs to
represent various stakeholders. As the sponsoring institution and
fiduciary, MIDocs shall assure initial and continued accreditation
from the accreditation council for graduate medical education or
ACGME, financial accountability, clinical quality, and compliance.
The department shall require an annual report from MIDocs detailing
per resident costs for medical training and clinical quality
measures. The department shall create MIDocs no later than January
10, 2015. MIDocs shall provide the department with a report
proposing the creation of new residency programs and an actionable
plan for retaining consortium related students post-residency,
especially in underserved communities.
Sec. 1881. The department shall create a default eligibility
and enrollment determination for newborns so that newborns are
assigned to the same Medicaid health plan as the mother at the time
of birth.
Sec. 1886. The department shall continue to work in
conjunction with the workgroup established by the department of
human services to determine how the state can maximize federal
revenues for community-based and outpatient treatment services to
foster care children and adjudicated youths who are placed in
community-based treatment programs. The department shall report to
the senate and house appropriations subcommittees on community
health, 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 on the progress in implementing the
recommendations of the workgroup.
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. 1890. From the funds appropriated in part 1 for
pharmaceutical services, the department shall ensure Medicaid
recipients access to breast pumps to support and encourage
breastfeeding. The department shall adjust Medicaid policy to, at a
minimum, provide an individual double electric style pump to a
breastfeeding mother when a physician prescribes such a device
based on diagnosis of mother or infant. If the distribution method
for pumps or other equipment is a department contract with durable
medical equipment providers, the department shall guarantee
providers stock and rent to Medicaid recipients without delay or
undue restriction.
Sec. 1894. (1) From the funds appropriated in part 1 for
dental services, the department shall expand the healthy kids
dental program to children who have not yet reached the age of 9 in
Kent, Oakland, and Wayne Counties. This program expansion will
improve access to necessary dental services for Medicaid-enrolled
children.
(2) Outcomes and performance measures for the initiative under
subsection (1) include, but are not limited to, the following:
(a) The number of Medicaid-enrolled children under the age of
9 in Kent, Oakland, and Wayne Counties who visited the dentist in
the prior year.
(b) The number of dentists in Kent, Oakland, and Wayne
Counties who will accept Medicaid payment for services to children.
(c) The change in dental utilization in Kent, Oakland, and
Wayne Counties, before and after implementation.
(3) It is the intent of the legislature that the healthy kids
dental program be expanded in the fiscal year ending September 30,
2017 to cover additional children in Kent, Oakland, and Wayne
Counties.
Sec. 1897. (1) From the funds appropriated in part 1, the
department shall take steps to identify the performance of the
Medicaid program on all diabetes-specific performance measures as
measured by the National Committee for Quality Assurance and the
URAC, formerly known as the Utilization Review Accreditation
Commission. These steps shall include:
(a) Reviewing Medicaid claims information and data to
determine the performance of the Medicaid program's fee for service
and managed care plans for diabetes-specific and diabetes-related
measures as assessed by the National Committee for Quality
assurance and the URAC over the past 5 years.
(b) Comparing the claims information and data to the national
averages for diabetes-specific and diabetes-related measures as
assessed by the National Committee for Quality Assurance and the
URAC over the past 5 years.
(c) Identifying areas of strength and deficiencies for these
measures specific to the Medicaid program.
(2) Upon request, the department shall make available a report
on steps taken and proposed to improve National Committee for
Quality Assurance and URAC measure scores for all forms of diabetes
within the Medicaid program to the legislature.
Sec. 1899. From the funds appropriated in part 1 for personal
care services, the department shall maintain the 6% rate increase
for personal care services effective October 1, 2014.
ONE-TIME BASIS ONLY APPROPRIATIONS
Sec. 1902. (1) From the funds appropriated in part 1 for
university autism programs, the department shall allocate funds to
universities for programs to increase the number of applied
behavioral analysis therapists in this state.
(2) Outcomes and performance measures for this initiative
include the number of applied behavioral analysis therapists
trained by recipient universities.
Sec. 1906. (1) The department may initiate pay for success
pilot projects to identify and deliver services to improve outcomes
and lower costs for government services in this state. From the
funds appropriated in part 1 for pay for success contracts, the
department may initiate contracts with private and not-for-profit
vendors, selected through a competitive bid process, to implement
these pilot projects. Payments shall not be issued to funding
intermediaries or vendors until contractual performance measures
have been achieved and project savings have been confirmed by a
third-party evaluator, certified by the department, and approved by
the state budget director.
(2) Unexpended funds appropriated in part 1 for pay for
success contracts 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
pay for success contracts under this section until the projects
have been completed. All of the following are 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 coordinate cost-saving
projects to the state with public-private partnerships.
(b) The projects will be carried out through contracts with
private and not-for-profit vendors.
(c) The estimated cost of this work project is $100.00.
(d) The estimated work project completion date is September
30, 2020.
Sec. 1907. (1) From the funds appropriated in part 1 for drug
policy initiatives, the department shall develop and begin
implementation of a comprehensive plan that addresses the problem
of drug abuse.
(2) Outcomes and performance measures for the new initiative
under subsection (1) include, but are not limited to, the
following:
(a) A decrease in the number of residents of this state aged
12 and older who have experienced substance dependence or abuse in
the past year.
(b) A decrease in the number of residents of this state who
have engaged in the nonmedical use of pain relievers or engaged in
binge alcohol use.
(c) A decrease in the number of residents of this state who
suffered an overdose or death from the use of prescription drugs,
alcohol, or an illegal drug, such as heroin.
PART 2A
PROVISIONS CONCERNING ANTICIPATED APPROPRIATIONS
FOR FISCAL YEAR 2016-2017
GENERAL SECTIONS
Sec. 2001. It is the intent of the legislature to provide
appropriations for the fiscal year ending on September 30, 2017 for
the line items listed in part 1. The fiscal year 2016-2017
appropriations are anticipated to be the same as those for fiscal
year 2015-2016, except that the line items will be adjusted for
changes in caseload and related costs, federal fund match rates,
economic factors, and available revenue. These adjustments will be
determined after the January 2016 consensus revenue estimating
conference.
PART 2B
PROVISIONS CONCERNING APPROPRIATIONS
FOR FISCAL YEAR 2014-2015
GENERAL SECTIONS
Sec. 3001. Pursuant to section 30 of article IX of the state
constitution of 1963, total state spending from state resources
under part 1B for fiscal year 2014-2015 is $0.00 and state spending
from state resources to be paid to local units of government for
fiscal year 2014-2015 is $0.00.
Sec. 3002. The appropriations authorized under this part and
part 1B are subject to the management and budget act, 1984 PA 431,
MCL 18.1101 to 18.1594.
ARTICLE V
DEPARTMENT OF CORRECTIONS
PART 1
LINE-ITEM APPROPRIATIONS
Sec. 101. There is appropriated for the department of
corrections for the fiscal year ending September 30, 2016, from the
following funds:
DEPARTMENT OF CORRECTIONS
APPROPRIATION SUMMARY
Average population............................... 44,997
Full-time equated unclassified positions........... 16.0
Full-time equated classified positions......... 14,174.3
GROSS APPROPRIATION.................................... $ 1,966,226,000
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 225,000
ADJUSTED GROSS APPROPRIATION........................... $ 1,966,001,000
Federal revenues:
Total federal revenues................................. 5,568,700
Special revenue funds:
Total local revenues................................... 8,533,200
Total private revenues................................. 0
Total other state restricted revenues.................. 42,950,700
State general fund/general purpose..................... $ 1,908,948,400
Sec. 102. EXECUTIVE
Full-time equated unclassified positions......... 16.0
Full-time equated classified positions........... 20.0
Unclassified positions--16.0 FTE positions............. $ 1,750,000
Executive direction--20.0 FTE positions................ 4,127,100
GROSS APPROPRIATION.................................... $ 5,877,100
Appropriated from:
State general fund/general purpose..................... $ 5,877,100
Sec. 103. PRISONER REENTRY AND COMMUNITY SUPPORT
Full-time equated classified positions.......... 339.4
Prisoner reentry local service providers............... $ 13,208,600
Prisoner reentry MDOC programs......................... 11,124,000
Prisoner reentry federal grants........................ 250,000
Reentry services--67.0 FTE positions................... 14,391,700
Education program--272.4 FTE positions................. 35,852,400
Community corrections comprehensive plans and services. 12,158,000
Felony drunk driver jail reduction and community
treatment program.................................... 1,440,100
Residential services................................... 15,475,500
GROSS APPROPRIATION.................................... $ 103,900,300
Appropriated from:
Federal revenues:
DOJ, prisoner reintegration............................ 250,000
DED, vocational education equipment.................... 152,200
DED-OESE, title 1...................................... 899,400
DED-OVAE, adult education.............................. 353,400
DED-OSERS.............................................. 115,200
DED, youthful offender/Specter grant................... 201,900
Special revenue funds:
Program and special equipment fund..................... 11,782,900
State general fund/general purpose..................... $ 90,145,300
Sec. 104. BUDGET AND OPERATIONS ADMINISTRATION
Full-time equated classified positions.......... 172.0
Budget and operations administration--172.0 FTE
positions............................................ $ 21,946,100
New custody staff training............................. 9,079,500
Compensatory buyout and union leave bank............... 100
Worker's compensation.................................. 16,500,000
Rent................................................... 2,349,100
Equipment and special maintenance...................... 1,559,600
Administrative hearings officers....................... 3,226,400
Judicial data warehouse user fees...................... 50,000
Sheriffs' coordinating and training office............. 100,000
Prosecutorial and detainer expenses.................... 5,001,000
County jail reimbursement program...................... 13,597,100
GROSS APPROPRIATION.................................... $ 73,408,900
Appropriated from:
Special revenue funds:
Jail reimbursement program fund........................ 5,900,000
Local corrections officer training fund................ 100,000
Correctional industries revolving fund................. 600,500
State general fund/general purpose..................... $ 66,808,400
Sec. 105. FIELD OPERATIONS ADMINISTRATION
Full-time equated classified positions........ 1,920.9
Field operations--1,887.9 FTE positions................ $ 208,458,800
Parole board operations--33.0 FTE positions............ 3,734,900
Parole/probation services.............................. 940,000
GROSS APPROPRIATION.................................... $ 213,133,700
Appropriated from:
Special revenue funds:
Local - community tether program reimbursement......... 200,900
Reentry center offender reimbursements................. 23,800
Parole and probation oversight fees.................... 4,331,900
Parole and probation oversight fees set-aside.......... 940,000
Tether program participant contributions............... 2,426,700
State general fund/general purpose..................... $ 205,210,400
Sec. 106. CORRECTIONAL FACILITIES ADMINISTRATION
Full-time equated classified positions.......... 469.0
Correctional facilities administration--22.0 FTE
positions............................................ $ 6,259,000
Prison food service.................................... 52,558,900
Transportation--208.0 FTE positions.................... 23,752,200
Central records--53.0 FTE positions.................... 5,591,800
Inmate legal services.................................. 790,900
Housing inmates in federal institutions................ 511,000
Prison store operations--63.0 FTE positions............ 5,649,200
Prison industries operations--123.0 FTE positions...... 9,977,900
Federal school lunch program........................... 812,800
Leased beds and alternatives to leased beds............ 5,150,000
Cost-effective housing initiative...................... 100
Inmate housing fund.................................... 100
GROSS APPROPRIATION.................................... $ 111,053,900
Appropriated from:
Interdepartmental grant revenues:
IDG-MDHS, Maxey/Woodland Center food service........... 225,000
Federal revenues:
DAG-FNS, national school lunch......................... 812,800
DOJ-BOP, federal prisoner reimbursement................ 411,000
DOJ, prison rape elimination act grant................. 659,500
SSA-SSI, incentive payment............................. 268,000
Special revenue funds:
Correctional industries revolving fund................. 9,977,900
Resident stores........................................ 5,649,200
State general fund/general purpose..................... $ 93,050,500
Sec. 107. HEALTH CARE
Full-time equated classified positions........ 1,484.9
Clinical and mental health services and support--
1,461.9 FTE positions................................ $ 209,665,900
Prisoner health care services.......................... 75,180,400
Vaccination program.................................... 691,200
Interdepartmental grant to human services, eligibility
specialists.......................................... 100,000
Substance abuse testing and treatment services--11.0
FTE positions........................................ 21,791,300
Healthy Michigan plan administration--12.0 FTE
positions............................................ 1,076,000
GROSS APPROPRIATION.................................... $ 308,504,800
Appropriated from:
Federal revenues:
Federal revenues and reimbursements.................... 247,900
DOJ, office of justice programs, RSAT.................. 185,400
Special revenue funds:
Prisoner health care copayments........................ 252,700
State general fund/general purpose..................... $ 307,818,800
Sec. 108. CORRECTIONAL FACILITIES
Average population............................. 44,997
Full-time equated classified positions........ 9,768.1
Alger Correctional Facility - Munising--260.2 FTE
positions............................................ $ 29,943,600
Baraga Correctional Facility - Baraga--295.8 FTE
positions............................................ 34,636,600
Bellamy Creek Correctional Facility - Ionia--389.2 FTE
positions............................................ 42,754,300
Earnest C. Brooks Correctional Facility - Muskegon--
442.9 FTE positions.................................. 49,684,800
Carson City Correctional Facility - Carson City--424.4
FTE positions........................................ 47,371,800
Central Michigan Correctional Facility - St. Louis--
391.6 FTE positions.................................. 45,566,600
Chippewa Correctional Facility - Kincheloe--435.1 FTE
positions............................................ 49,228,800
Cooper Street Correctional Facility - Jackson--260.1
FTE positions........................................ 28,733,600
G. Robert Cotton Correctional Facility - Jackson--
390.1 FTE positions.................................. 43,194,100
Detroit Detention Center--63.1 FTE positions........... 8,332,300
Detroit Reentry Center--215.6 FTE positions............ 26,772,500
Charles E. Egeler Correctional Facility - Jackson--
373.7 FTE positions.................................. 43,926,700
Richard A. Handlon Correctional Facility - Ionia--
251.7 FTE positions.................................. 29,037,900
Gus Harrison Correctional Facility - Adrian--441.6 FTE
positions............................................ 48,151,300
Ionia Correctional Facility - Ionia--285.8 FTE
positions............................................ 32,910,300
Kinross Correctional Facility - Kincheloe--323.8 FTE
positions............................................ 35,662,100
Lakeland Correctional Facility - Coldwater--280.5 FTE
positions............................................ 32,637,200
Macomb Correctional Facility - New Haven--294.8 FTE
positions............................................ 33,853,600
Marquette Branch Prison - Marquette--321.7 FTE
positions............................................ 38,368,400
Michigan Reformatory - Ionia--310.7 FTE positions...... 34,564,800
Muskegon Correctional Facility - Muskegon--205.0 FTE
positions............................................ 24,325,000
Newberry Correctional Facility - Newberry--200.1 FTE
positions............................................ 23,800,300
Oaks Correctional Facility - Eastlake--290.4 FTE
positions............................................ 33,349,500
Ojibway Correctional Facility - Marenisco--203.1 FTE
positions............................................ 22,938,500
Parnall Correctional Facility - Jackson--258.0 FTE
positions............................................ 27,508,600
Pugsley Correctional Facility - Kingsley--209.9 FTE
positions............................................ 24,354,900
Saginaw Correctional Facility - Freeland--274.9 FTE
positions............................................ 32,184,500
Special alternative incarceration program (Camp
Cassidy Lake)--119.0 FTE positions................... 13,431,500
St. Louis Correctional Facility - St. Louis--303.6 FTE
positions............................................ 35,827,900
Thumb Correctional Facility - Lapeer--284.4 FTE
positions............................................ 32,340,300
Womens Huron Valley Correctional Complex - Ypsilanti--
501.9 FTE positions.................................. 58,003,600
Woodland Correctional Facility - Whitmore Lake--285.4
FTE positions........................................ 32,617,900
Northern region administration and support--48.0 FTE
positions............................................ 4,325,700
Southern region administration and support--132.0 FTE
positions............................................ 24,607,000
GROSS APPROPRIATION.................................... $ 1,124,946,500
Appropriated from:
Federal revenues:
DOJ, state criminal alien assistance program........... 1,012,000
Special revenue funds:
Local revenues......................................... 8,332,300
State restricted revenues and reimbursements........... 99,800
State general fund/general purpose..................... $ 1,115,502,400
Sec. 109. INFORMATION TECHNOLOGY
Information technology services and projects........... $ 25,400,800
GROSS APPROPRIATION.................................... $ 25,400,800
Appropriated from:
Special revenue funds:
Correctional industries revolving fund................. 175,800
Parole and probation oversight fees set-aside.......... 689,500
State general fund/general purpose..................... $ 24,535,500
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
FOR FISCAL YEAR 2015-2016
GENERAL SECTIONS
Sec. 201. Pursuant to section 30 of article IX of the state
constitution of 1963, total state spending from state resources
under part 1 for fiscal year 2015-2016 is $1,951,899,100.00 and
state spending from state resources to be paid to local units of
government for fiscal year 2015-2016 is $109,723,600.00. The
itemized statement below identifies appropriations from which
spending to local units of government will occur:
DEPARTMENT OF CORRECTIONS
Field operations - assumption of county
probation staff...................................... $ 60,402,900
Community corrections comprehensive plans
and services......................................... 12,158,000
Reentry services – intensive detention reentry program. 1,500,000
Residential services................................... 15,475,500
County jail reimbursement program...................... 13,597,100
Felony drunk driver jail reduction and
community treatment program.......................... 1,440,100
Leased beds and alternatives to leased beds............ 5,150,000
TOTAL.................................................. $ 109,723,600
Sec. 202. The appropriations authorized under this part and
part 1 are subject to the management and budget act, 1984 PA 431,
MCL 18.1101 to 18.1594.
Sec. 203. As used in this part and part 1:
(a) "Administrative segregation" means confinement for
maintenance of order or discipline to a cell or room apart from
accommodations provided for inmates who are participating in
programs of the facility.
(b) "Cost per prisoner" means the sum total of the funds
appropriated under part 1 for the following, divided by the
projected prisoner population in fiscal year 2015-2016:
(i) Correctional facilities.
(ii) Northern and southern region administration and support.
(iii) Clinical and mental health services and support.
(iv) Prisoner health care services.
(v) Vaccination program.
(vi) Prison food service and federal school lunch program.
(vii) Transportation.
(viii) Inmate legal services.
(ix) Correctional facilities administration.
(x) Central records.
(xi) Worker's compensation.
(xii) New custody staff training.
(xiii) Prison store operations.
(xiv) Education program.
(c) "DAG" means the United States Department of Agriculture.
(d) "DAG-FNS" means the DAG Food and Nutrition Service.
(e) "DED" means the United States Department of Education.
(f) "DED-OESE" means the DED Office of Elementary and
Secondary Education.
(g) "DED-OSERS" means the DED Office of Special Education and
Rehabilitative Services.
(h) "DED-OVAE" means the DED Office of Vocational and Adult
Education.
(i) "Department" or "MDOC" means the Michigan department of
corrections.
(j) "DOJ" means the United States Department of Justice.
(k) "DOJ-BOP" means the DOJ Bureau of Prisons.
(l) "DOJ-OJP" means the DOJ Office of Justice Programs.
(m) "Evidence-based practices" or "EBP" means a decision-
making process that integrates the best available research,
clinician expertise, and client characteristics.
(n) "FTE" means full-time equated.
(o) "GED" means general educational development certificate.
(p) "Goal" means the intended or projected result of a
comprehensive corrections plan or community corrections program to
reduce repeat offending, criminogenic and high-risk behaviors,
prison commitment rates, to reduce the length of stay in a jail, or
to improve the utilization of a jail.
(q) "IDG" means interdepartmental grant.
(r) "Jail" means a facility operated by a local unit of
government for the physical detention and correction of persons
charged with or convicted of criminal offenses.
(s) "MDCH" means the Michigan department of community health.
(t) "MDHS" means the Michigan department of human services.
(u) "MDSP" means the Michigan department of state police.
(v) "Medicaid benefit" means a benefit paid or payable under a
program for medical assistance under the social welfare act, 1939
PA 280, MCL 400.1 to 400.119b.
(w) "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.
(x) "Offender eligibility criteria" means particular criminal
violations, state felony sentencing guidelines descriptors, and
offender characteristics developed by advisory boards and approved
by local units of government that identify the offenders suitable
for community corrections programs funded through the office of
community corrections.
(y) "Offender success" means that an offender has, with the
support of the community, intervention of the field agent, and
benefit of any participation in programs and treatment, made an
adjustment while at liberty in the community such that he or she
has not been sentenced to or returned to prison for the conviction
of a new crime or the revocation of probation or parole.
(z) "Offender target population" means felons or misdemeanants
who would likely be sentenced to imprisonment in a state
correctional facility or jail, who would not likely increase the
risk to the public safety based on an objective risk and needs
assessment that indicates that the offender can be safely treated
and supervised in the community.
(aa) "Offender who would likely be sentenced to imprisonment"
means either of the following:
(i) A felon or misdemeanant who receives a sentencing
disposition that appears to be in place of incarceration in a state
correctional facility or jail, according to historical local
sentencing patterns.
(ii) A currently incarcerated felon or misdemeanant who is
granted early release from incarceration to a community corrections
program or who is granted early release from incarceration as a
result of a community corrections program.
(bb) "Programmatic success" means that the department program
or initiative has ensured that the offender has accomplished all of
the following:
(i) Obtained employment, has enrolled or participated in a
program of education or job training, or has investigated all bona
fide employment opportunities.
(ii) Obtained housing.
(iii) Obtained a state identification card.
(cc) "Recidivism" means the return of an individual to prison
within 3 years after he or she is released either with a new
sentence to prison or as a technical violator of parole conditions.
(dd) "RSAT" means residential substance abuse treatment.
(ee) "Serious emotional disturbance" means that term as
defined in section 100d(2) of the mental health code, 1974 PA 328,
MCL 330.1100d.
(ff) "Serious mental illness" means that term as defined in
section 100d(3) of the mental health code, 1974 PA 328, MCL
330.1100d.
(gg) "SSA" means the United States Social Security
Administration.
(hh) "SSA-SSI" means SSA supplemental security income.
Sec. 206. The department shall not take disciplinary action
against an employee or a prisoner for communicating with a member
of the legislature or his or her staff.
Sec. 208. The department shall use the Internet to fulfill the
reporting requirements of this part. This requirement may include
transmission of reports via electronic mail to the recipients
identified for each reporting requirement or it may include
placement of reports on an Internet or intranet site.
Sec. 209. Funds appropriated in part 1 shall not be used for
the purchase of foreign goods or services, or both, if
competitively priced and of comparable quality American goods or
services, or both, are available. Preference shall be given to
goods or services, or both, manufactured or provided by Michigan
businesses, if they are competitively priced and of comparable
quality. In addition, preference should be given to goods or
services, or both, that are manufactured or provided by Michigan
businesses owned and operated by veterans, if they are
competitively priced and of comparable quality.
Sec. 211. The department may charge fees and collect revenues
in excess of appropriations in part 1 not to exceed the cost of
offender services and programming, employee meals, parolee loans,
academic/vocational services, custody escorts, compassionate
visits, union steward activities, and public works programs and
services provided to local units of government or private nonprofit
organizations. The revenues and fees collected are appropriated for
all expenses associated with these services and activities.
Sec. 214. The department shall receive and retain copies of
all reports funded from appropriations in part 1. Federal and state
guidelines for short-term and long-term retention of records shall
be followed. The department may electronically retain copies of
reports unless otherwise required by federal and state guidelines.
Sec. 216. The department shall prepare a report on out-of-
state travel expenses not later than January 1 of each year. The
travel report shall be a listing of all travel by classified and
unclassified employees outside this state in the immediately
preceding fiscal year that was funded in whole or in part with
funds appropriated in the department's budget. The report shall be
submitted to the senate and house standing committees on
appropriations, the senate and house fiscal agencies, and the state
budget director. The report shall include the following
information:
(a) The dates of each travel occurrence.
(b) The total transportation and related costs of each travel
occurrence, including the proportion funded with state general
fund/general purpose revenues, the proportion funded with state
restricted revenues, the proportion funded with federal revenues,
and the proportion funded with other revenues.
Sec. 219. (1) Any contract for prisoner telephone services
entered into after the effective date of this section shall include
a condition that fee schedules for prisoner telephone calls,
including rates and any surcharges other than those necessary to
meet program 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. The revenue shall be used for prisoner programming.
Unexpended funds remaining at the close of the fiscal year shall
not lapse to the general fund but shall be carried forward and be
available for appropriation in subsequent fiscal years.
(3) The department shall submit a report to the senate and
house appropriations subcommittees on corrections, the senate and
house fiscal agencies, the legislative corrections ombudsman, and
the state budget director by February 1 outlining revenues and
expenditures from program and special equipment funds. The report
shall include all of the following:
(a) Amounts expended and purpose of expenditures in the
immediately preceding fiscal year.
(b) Plans for expenditures and purpose of planned expenditures
during the current fiscal year.
(c) A review of expenditures and purpose of expenditures
planned for future fiscal years.
Sec. 220. Not later than November 30, the state budget office
shall prepare and transmit a report that provides for estimates of
the total general fund/general purpose appropriation lapses at the
close of the fiscal year. This report shall summarize the projected
year-end general fund/general purpose appropriation lapses by major
departmental program or program areas. The report shall be
transmitted to the chairpersons of the senate and house of
representatives standing committees on appropriations and the
senate and house fiscal agencies.
Sec. 221. The department shall cooperate with the department
of technology, management, and budget to maintain a searchable
website accessible by the public at no cost that includes, but is
not limited to, all of the following for the department:
(a) Fiscal year-to-date expenditures by category.
(b) Fiscal year-to-date expenditures by appropriation unit.
(c) Fiscal year-to-date payments to a selected vendor,
including the vendor name, payment date, payment amount, and
payment description.
(d) The number of active department employees by job
classification.
(e) Job specifications and wage rates.
Sec. 223. (1) In addition to the funds appropriated in part 1,
there is appropriated an amount not to exceed $10,000,000.00 for
federal contingency funds. These funds are not available for
expenditure until they have been transferred to another line item
in part 1 under section 393(2) of the management and budget act,
1984 PA 431, MCL 18.1393.
(2) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $5,000,000.00 for state
restricted contingency funds. These funds are not available for
expenditure until they have been transferred to another line item
in part 1 under section 393(2) of the management and budget act,
1984 PA 431, MCL 18.1393.
(3) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $2,000,000.00 for local
contingency funds. These funds are not available for expenditure
until they have been transferred to another line item in part 1
under section 393(2) of the management and budget act, 1984 PA 431,
MCL 18.1393.
(4) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $2,000,000.00 for private
contingency funds. These funds are not available for expenditure
until they have been transferred to another line item in part 1
under section 393(2) of the management and budget act, 1984 PA 431,
MCL 18.1393.
Sec. 229. Within 14 days after the release of the executive
budget recommendation, the department shall cooperate with the
state budget office to provide the chairpersons of the senate and
house appropriations committees, the chairpersons of the senate and
house appropriations subcommittees on corrections, and the senate
and house fiscal agencies with an annual report on estimated state
restricted fund balances, state restricted fund projected revenues,
and state restricted fund expenditures for the fiscal years ending
September 30, 2015 and September 30, 2016.
Sec. 230. Funds appropriated in part 1 shall not be used by
the department to hire a person to provide legal services that are
the responsibility of the attorney general. This prohibition does
not apply to legal services for bonding activities and for those
outside services that the attorney general authorizes.
Sec. 231. The department shall maintain, on a publicly
accessible website, a department scorecard that identifies, tracks,
and regularly updates key metrics that are used to monitor and
improve the department's performance.
Sec. 239. It is the intent of the legislature that the
department establish and maintain a management-to-staff ratio of
not more than 1 supervisor for each 8 employees at the department's
central office in Lansing and at both the northern and southern
region administration offices.
Sec. 246. Total authorized appropriations from all sources
under part 1 for legacy costs for the fiscal year ending September
30, 2016 are $332,330,600.00. From this amount, total department
appropriations for pension-related legacy costs are estimated at
$188,628,700.00. Total department appropriations for retiree health
care legacy costs are estimated at $143,701,900.00.
Sec. 247. (1) For each new program or program expansion for
which funds in excess of $500,000.00 are appropriated in part 1,
the department shall identify specific benchmarks intended to
measure the performance or return on taxpayer investment of the
program and its associated expenditures.
(2) By November 1, the department shall report the proposed
benchmarks to the senate and house appropriations subcommittees on
corrections, to the senate and house fiscal agencies, and to the
state budget director.
(3) The department shall provide an update on its progress in
achieving those benchmarks at an appropriations subcommittee
meeting called for the purpose of discussing benchmarks and their
status.
(4) It is the intent of the legislature that, beginning with
the budget for the fiscal year ending September 30, 2016, any
proposal for a new program or an expansion of an existing program
in excess of $500,000.00 initiated by the executive branch or the
legislature shall include, as part of the original proposal or
budget request, a list of benchmarks intended to measure the
performance or return on taxpayer investment of the program or
spending increase.
EXECUTIVE
Sec. 301. For 3 years after a felony offender is released from
the department's jurisdiction, the department shall maintain the
offender's file on the offender tracking information system and
make it publicly accessible in the same manner as the file of the
current offender. However, the department shall immediately remove
the offender's file from the offender tracking information system
upon determination that the offender was wrongfully convicted and
the offender's file is not otherwise required to be maintained on
the offender tracking information system.
PRISONER REENTRY AND COMMUNITY SUPPORT
Sec. 401. The department shall submit 3-year and 5-year prison
population projection updates concurrent with submission of the
executive budget to the senate and house appropriations
subcommittees on corrections, the legislative corrections
ombudsman, the senate and house fiscal agencies, and the state
budget director. The report shall include explanations of the
methodology and assumptions used in developing the projection
updates.
Sec. 402. By March 1, the department shall provide a report on
prisoner reentry expenditures and allocations to the members of the
senate and house appropriations subcommittees on corrections, the
legislative corrections ombudsman, the senate and house fiscal
agencies, and the state budget director. At a minimum, the report
shall include information on both of the following:
(a) Details on prior-year expenditures, including amounts
spent on each project funded, itemized by service provided and
service provider.
(b) Allocations and planned expenditures for each project
funded and for each project to be funded, itemized by service to be
provided and service provider. The department shall provide an
amended report quarterly, if any revisions to allocations or
planned expenditures occurred during that quarter.
Sec. 405. By March 1, the department shall report to the
senate and house appropriations subcommittees on corrections, the
legislative corrections ombudsman, the senate and house fiscal
agencies, and the state budget director on substance abuse testing
and treatment program objectives, outcome measures, and results,
including program impact on offender success and programmatic
success.
Sec. 407. (1) 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.
(2) It is the intent of the legislature that the statistical
report be placed on an Internet site within 6 months after the end
of each calendar year.
Sec. 408. The department shall measure the recidivism rates of
offenders.
Sec. 410. (1) The funds included in part 1 for community
corrections comprehensive plans and services are to encourage the
development through technical assistance grants, implementation,
and operation of community corrections programs that enhance
offender success and that also may serve as an alternative to
incarceration in a state facility or jail. The comprehensive
corrections plans shall include an explanation of how the public
safety will be maintained, the goals for the local jurisdiction,
offender target populations intended to be affected, offender
eligibility criteria for purposes outlined in the plan, and how the
plans will meet the following objectives, consistent with section
8(4) of the community corrections act, 1988 PA 511, MCL 791.408:
(a) Reduce admissions to prison of offenders who would likely
be sentenced to imprisonment, including probation violators.
(b) Improve the appropriate utilization of jail facilities,
the first priority of which is to open jail beds intended to house
otherwise prison-bound felons, and the second priority being to
appropriately utilize jail beds so that jail crowding does not
occur.
(c) Open jail beds through the increase of pretrial release
options.
(d) Reduce the readmission to prison of parole violators.
(e) Reduce the admission or readmission to prison of
offenders, including probation violators and parole violators, for
substance abuse violations.
(f) Contribute to offender success.
(2) The award of community corrections comprehensive plans and
residential services funds shall be based on criteria that include,
but are not limited to, the prison commitment rate by category of
offenders, trends in prison commitment rates and jail utilization,
historical trends in community corrections program capacity and
program utilization, and the projected impact and outcome of annual
policies and procedures of programs on offender success, prison
commitment rates, and jail utilization.
(3) Funds awarded for residential services in part 1 shall
provide for a per diem reimbursement of not more than $47.50 for
nonaccredited facilities, or of not more than $48.50 for facilities
that have been accredited by the American Corrections Association
or a similar organization as approved by the department.
Sec. 414. (1) The department shall administer a county jail
reimbursement program from the funds appropriated in part 1 for the
purpose of reimbursing counties for housing in jails certain felons
who otherwise would have been sentenced to prison.
(2) The county jail reimbursement program shall reimburse
counties for convicted felons in the custody of the sheriff if the
conviction was for a crime committed on or after January 1, 1999
and 1 of the following applies:
(a) The felon's sentencing guidelines recommended range upper
limit is more than 18 months, the felon's sentencing guidelines
recommended range lower limit is 12 months or less, the felon's
prior record variable score is 35 or more points, and the felon's
sentence is not for commission of a crime in crime class G or crime
class H or a nonperson crime in crime class F under chapter XVII of
the code of criminal procedure, 1927 PA 175, MCL 777.1 to 777.69.
(b) The felon's minimum sentencing guidelines range minimum is
more than 12 months under the sentencing guidelines described in
subdivision (a).
(c) The felon was sentenced to jail for a felony committed
while he or she was on parole and under the jurisdiction of the
parole board and for which the sentencing guidelines recommended
range for the minimum sentence has an upper limit of more than 18
months.
(3) State reimbursement under this subsection shall be $60.00
per diem per diverted offender for offenders with a presumptive
prison guideline score, $50.00 per diem per diverted offender for
offenders with a straddle cell guideline for a group 1 crime, and
$35.00 per diem per diverted offender for offenders with a straddle
cell guideline for a group 2 crime. Reimbursements shall be paid
for sentences up to a 1-year total.
(4) As used in this subsection:
(a) "Group 1 crime" means a crime in 1 or more of the
following offense categories: arson, assault, assaultive other,
burglary, criminal sexual conduct, homicide or resulting in death,
other sex offenses, robbery, and weapon possession as determined by
the department of corrections based on specific crimes for which
counties received reimbursement under the county jail reimbursement
program in fiscal year 2007 and fiscal year 2008, and listed in the
county jail reimbursement program document titled "FY 2007 and FY
2008 Group One Crimes Reimbursed", dated March 31, 2009.
(b) "Group 2 crime" means a crime that is not a group 1 crime,
including larceny, fraud, forgery, embezzlement, motor vehicle,
malicious destruction of property, controlled substance offense,
felony drunk driving, and other nonassaultive offenses.
(c) "In the custody of the sheriff" means that the convicted
felon has been sentenced to the county jail and is either housed in
the county jail or has been released from jail and is being
monitored through the use of the sheriff's electronic monitoring
system.
(5) County jail reimbursement program expenditures shall not
exceed the amount appropriated in part 1 for the county jail
reimbursement program. Payments to counties under the county jail
reimbursement program shall be made in the order in which properly
documented requests for reimbursements are received. A request
shall be considered to be properly documented if it meets MDOC
requirements for documentation. By October 15, the department shall
distribute the documentation requirements to all counties.
Sec. 416. Allowable uses of felony drunk driver jail reduction
and community treatment program funding shall include reimbursing
counties for transportation, treatment costs, and housing felony
drunk drivers during a period of assessment for treatment and case
planning. Reimbursements for housing during the assessment process
shall be at the rate of $43.50 per day per offender, up to a
maximum of 5 days per offender.
Sec. 417. (1) By March 1, the department shall report to the
members of the senate and house appropriations subcommittees on
corrections, the legislative corrections ombudsman, the senate and
house fiscal agencies, and the state budget director on each of the
following programs from the previous fiscal year:
(a) The county jail reimbursement program.
(b) The felony drunk driver jail reduction and community
treatment program.
(c) Any new initiatives to control prison population growth
funded or proposed to be funded under part 1.
(2) For each program listed under subsection (1), the report
shall include information on each of the following:
(a) Program objectives and outcome measures, including, but
not limited to, the number of offenders who successfully completed
the program, and the number of offenders who successfully remained
in the community during the 3 years following termination from the
program.
(b) Expenditures by location.
(c) The impact on jail utilization.
(d) The impact on prison admissions.
(e) Other information relevant to an evaluation of the
program.
Sec. 418. (1) The department shall collaborate with the state
court administrative office on facilitating changes to Michigan
court rules that would require the court to collect at the time of
sentencing the state operator's license, state identification card,
or other documentation used to establish the identity of the
individual to be admitted to the department. The department shall
maintain those documents in the prisoner's personal file.
(2) The department shall cooperate with MDCH to create and
maintain a process by which prisoners can obtain their Michigan
birth certificates if necessary. The department shall describe a
process for obtaining birth certificates from other states, and in
situations where the prisoner's effort fails, the department shall
assist in obtaining the birth certificate.
(3) The department shall collaborate with the department of
military and veterans affairs to create and maintain a process by
which prisoners can obtain a copy of their DD Form 214 or other
military discharge documentation if necessary.
Sec. 419. (1) The department shall provide weekly electronic
mail reports to the senate and house appropriations subcommittees
on corrections, the legislative corrections ombudsman, the senate
and house fiscal agencies, and the state budget director on
prisoner populations by security levels by facility, prison
facility capacities, and parolee and probationer populations.
(2) The department shall provide monthly electronic mail
reports to the senate and house appropriations subcommittees on
corrections, the legislative corrections ombudsman, the senate and
house fiscal agencies, and the state budget director. The reports
shall include information on end-of-month prisoner populations in
county jails, the net operating capacity according to the most
recent certification report, identified by date, and end-of-month
data, year-to-date data, and comparisons to the prior year for the
following:
(a) Community residential program populations, separated by
centers and electronic monitoring.
(b) Parole populations.
(c) Probation populations, with identification of the number
in special alternative incarceration.
(d) Prison and camp populations, with separate identification
of the number in special alternative incarceration and the number
of lifers.
(e) Prisoners classified as past their earliest release date.
(f) Parole board activity, including the numbers and
percentages of parole grants and parole denials.
(g) Prisoner exits, identifying transfers to community
placement, paroles from prisons and camps, paroles from community
placement, total movements to parole, prison intake, prisoner
deaths, prisoners discharging on the maximum sentence, and other
prisoner exits.
(h) Prison intake and returns, including probation violators,
new court commitments, violators with new sentences, escaper new
sentences, total prison intake, returns from court with additional
sentences, community placement returns, technical parole violator
returns, and total returns to prison and camp.
BUDGET AND OPERATIONS ADMINISTRATION
Sec. 501. From the funds appropriated in part 1 for
prosecutorial and detainer expenses, the department shall reimburse
counties for housing and custody of parole violators and offenders
being returned by the department from community placement who are
available for return to institutional status and for prisoners who
volunteer for placement in a county jail.
Sec. 502. Funds included in part 1 for the sheriffs'
coordinating and training office are appropriated for and may be
expended to defray costs of continuing education, certification,
recertification, decertification, and training of local corrections
officers, the personnel and administrative costs of the sheriffs'
coordinating and training office, the local corrections officers
advisory board, and the sheriffs' coordinating and training council
under the local corrections officers training act, 2003 PA 125, MCL
791.531 to 791.546.
Sec. 508. The department shall issue a report for all
correctional facilities to the senate and house appropriations
subcommittees on corrections, the senate and house fiscal agencies,
and the legislative corrections ombudsman by October 1 setting
forth the following information for each facility: its name, street
address, and date of construction; its current maintenance costs;
any maintenance planned; its current utility costs; its expected
future capital improvement costs; and its expected future useful
life.
FIELD OPERATIONS ADMINISTRATION
Sec. 603. (1) All prisoners, probationers, and parolees
involved with the curfew monitoring program shall reimburse the
department for costs associated with their participation in the
program. The department may require community service work
reimbursement as a means of payment for those able-bodied
individuals unable to pay for the costs of the equipment.
(2) Program participant contributions and local program
reimbursement for the curfew monitoring program appropriated in
part 1 are related to program expenditures and may be used to
offset expenditures for this purpose.
(3) Included in the appropriation in part 1 is adequate
funding to implement the curfew monitoring program to be
administered by the department. The curfew monitoring program is
intended to provide sentencing judges and county sheriffs in
coordination with local community corrections advisory boards
access to the state's curfew monitoring program to reduce prison
admissions and improve local jail utilization. The department shall
determine the appropriate distribution of the curfew monitor units
throughout the state based upon locally developed comprehensive
corrections plans under the community corrections act, 1988 PA 511,
MCL 791.401 to 791.414.
(4) For a fee determined by the department, the department
shall provide counties with the curfew monitor equipment,
replacement parts, administrative oversight of the equipment's
operation, notification of violators, and periodic reports
regarding county program participants. Counties are responsible for
curfew monitor equipment installation and service. For an
additional fee as determined by the department, the department
shall provide staff to install and service the equipment. Counties
are responsible for the coordination and apprehension of program
violators.
(5) Any county with curfew monitor charges outstanding over 60
days shall be considered in violation of the community curfew
monitor program agreement and lose access to the program.
Sec. 611. The department shall prepare by March 1 individual
reports for the community reentry program, the electronic
monitoring program, and the special alternative to incarceration
program. The reports shall be submitted to the senate and house
appropriations subcommittees on corrections, the legislative
corrections ombudsman, the senate and house fiscal agencies, and
the state budget director. Each program's report shall include
information on all of the following:
(a) Monthly new participants by type of offender. Community
reentry program participants shall be categorized by reason for
placement. For technical rule violators, the report shall sort
offenders by length of time since release from prison, by the most
recent violation, and by the number of violations occurring since
release from prison.
(b) Monthly participant unsuccessful terminations, including
cause.
(c) Number of successful terminations.
(d) End month population by facility/program.
(e) Average length of placement.
(f) Return to prison statistics.
(g) Description of each program location or locations,
capacity, and staffing.
(h) Sentencing guideline scores and actual sentence statistics
for participants, if applicable.
(i) Comparison with prior year statistics.
(j) Analysis of the impact on prison admissions and jail
utilization and the cost effectiveness of the program.
Sec. 612. By April 1, the department shall provide a report to
the senate and house appropriations subcommittees on corrections,
the legislative corrections ombudsman, the senate and house fiscal
agencies, and the state budget director on the number of all
parolees returned to prison and probationers sentenced to prison
for either a technical violation or new sentence during the
preceding fiscal year. The report shall include the following
information for probationers, for parolees after their first
parole, and for parolees who have been paroled more than once:
(a) The numbers of parole and probation violators returned to
or sent to prison for a new crime with a comparison of original
versus new offenses by major offense type: assaultive,
nonassaultive, drug, and sex.
(b) The numbers of parole and probation violators returned to
or sent to prison for a technical violation and the type of
violation, including, but not limited to, zero gun tolerance and
substance abuse violations. For parole technical rule violators,
the report shall list violations by type, by length of time since
release from prison, by the most recent violation, and by the
number of violations occurring since release from prison.
(c) The educational history of those offenders, including how
many had a GED or high school diploma prior to incarceration in
prison, how many received a GED while in prison, and how many
received a vocational certificate while in prison.
(d) The number of offenders who participated in the reentry
program versus the number of those who did not.
(e) The unduplicated number of offenders who participated in
substance abuse treatment programs, mental health treatment
programs, or both, while in prison, itemized by diagnosis.
Sec. 615. The department shall submit a report containing a
list detailing the number of prisoners who have received life
imprisonment sentences with the possibility of parole and who are
currently eligible for parole to the senate and house
appropriations subcommittees on corrections, the senate and house
fiscal agencies, the legislative corrections ombudsman, and the
state budget director by January 1.
HEALTH CARE
Sec. 802. As a condition of expenditure of the funds
appropriated in part 1, the department shall provide the senate and
house of representatives appropriations subcommittees on
corrections, the legislative corrections ombudsman, the senate and
house fiscal agencies, and the state budget director with quarterly
reports on physical and mental health care detailing quarterly and
fiscal year-to-date expenditures itemized by vendor, allocations,
status of payments from contractors to vendors, and projected year-
end expenditures from accounts for prisoner health care, mental
health care, pharmaceutical services, and durable medical
equipment.
Sec. 803. (1) The department shall assure that all prisoners,
upon any health care treatment, are given the opportunity to sign a
release of information form designating a family member or other
individual to whom the department shall release records information
regarding a prisoner. A release of information form signed by a
prisoner shall remain in effect for 1 year, and the prisoner may
elect to withdraw or amend the release form at any time.
(2) The department shall assure that any such signed release
forms follow a prisoner upon transfer to another department
facility or to the supervision of a parole officer.
(3) The form shall be placed on an online, public website
managed by the department.
Sec. 804. The department shall report quarterly to the senate
and house appropriations subcommittees on corrections, the
legislative corrections ombudsman, the senate and house fiscal
agencies, and the state budget director on prisoner health care
utilization. The report shall include the number of inpatient
hospital days, outpatient visits, emergency room visits, and
prisoners receiving off-site inpatient medical care in the previous
quarter, by facility.
CORRECTIONAL FACILITIES ADMINISTRATION
Sec. 907. The department shall report by March 1 to the senate
and house appropriations subcommittees on corrections, the
legislative corrections ombudsman, the senate and house fiscal
agencies, and the state budget director on academic and vocational
programs. The report shall provide information relevant to an
assessment of the department's academic and vocational programs,
including, but not limited to, all of the following:
(a) The number of instructors and the number of instructor
vacancies, by program and facility.
(b) The number of prisoners enrolled in each program, the
number of prisoners completing each program, the number of
prisoners who fail each program, the number of prisoners who do not
complete each program and the reason for not completing the
program, the number of prisoners transferred to another facility
while enrolled in a program and the reason for transfer, the number
of prisoners enrolled who are repeating the program by reason, and
the number of prisoners on waiting lists for each program, all
itemized by facility.
(c) The steps the department has undertaken to improve
programs, track records, accommodate transfers and prisoners with
health care needs, and reduce waiting lists.
(d) The number of prisoners paroled without a high school
diploma and the number of prisoners paroled without a GED.
(e) An explanation of the value and purpose of each program,
for example, to improve employability, reduce recidivism, reduce
prisoner idleness, or some combination of these and other factors.
(f) An identification of program outcomes for each academic
and vocational program.
(g) An explanation of the department's plans for academic and
vocational programs, including plans to contract with intermediate
school districts for GED and high school diploma programs.
(h) The number of prisoners not paroled at their earliest
release date due to lack of a GED, and the reason those prisoners
have not obtained a GED.
Sec. 910. The department shall allow the Michigan Braille
transcribing fund program to operate at its current location. The
donation of the building by the Michigan Braille transcribing fund
at the G. Robert Cotton Correctional Facility in Jackson is
acknowledged and appreciated. The department shall continue to
encourage the Michigan Braille transcribing fund program to produce
high-quality materials for use by the visually impaired.
Sec. 911. By March 1, the department shall report to the
senate and house appropriations subcommittees on corrections, the
senate and house fiscal agencies, the legislative corrections
ombudsman, and the state budget director the number of critical
incidents occurring each month by type and the number and severity
of assaults, escape attempts, suicides, and attempted suicides
occurring each month at each facility during the immediately
preceding calendar year.
Sec. 912. The department shall report to the senate and house
appropriations subcommittees on corrections, the legislative
corrections ombudsman, the senate and house fiscal agencies, and
the state budget director by March 1 on the ratio of correctional
officers to prisoners for each correctional institution, the ratio
of shift command staff to line custody staff, and the ratio of
noncustody institutional staff to prisoners for each correctional
institution.
Sec. 913. (1) It is the intent of the legislature that any
prisoner required to complete a violence prevention program, sexual
offender program, or other program as a condition of parole shall
be transferred to a facility where that program is available in
order to accomplish timely completion of that program prior to the
expiration of his or her minimum sentence and eligibility for
parole. Nothing in this section should be deemed to make parole
denial appealable in court.
(2) The department shall submit a quarterly report to the
members of the senate and house appropriations subcommittees on
corrections, the senate and house fiscal agencies, the state budget
director, and the legislative corrections ombudsman detailing
enrollment in sex offender programming, assaultive offender
programming, violent offender programming, and thinking for change.
At a minimum, the report shall include the following:
(a) A full accounting of the number of individuals who are
required to complete the programming, but have not yet done so.
(b) The number of individuals who have reached their earliest
release date, but who have not completed required programming.
(c) A plan of action for addressing any waiting lists or
backlogs for programming that may exist.
Sec. 924. The department shall evaluate all prisoners at
intake for substance abuse disorders, serious developmental
disorders, serious mental illness, and other mental health
disorders. Prisoners with serious mental illness or serious
developmental disorders shall not be removed from the general
population as a punitive response to behavior caused by their
serious mental illness or serious developmental disorder. Due to
persistent high violence risk or severe disruptive behavior that is
unresponsive to treatment, prisoners with serious mental illness or
serious developmental disorders may be placed in secure residential
housing programs that will facilitate access to institutional
programming and ongoing mental health services. A prisoner with
serious mental illness or serious developmental disorder who is
confined in these specialized housing programs shall be evaluated
or monitored by a medical professional at a frequency of not less
than every 12 hours.
Sec. 925. By March 1, the department shall report to the
senate and house appropriations subcommittees on corrections, the
senate and house fiscal agencies, the legislative corrections
ombudsman, and the state budget director on the annual number of
prisoners in administrative segregation between October 1, 2014 and
September 30, 2015, and the annual number of prisoners in
administrative segregation between October 1, 2014 and September
30, 2015 who at any time during the current or prior prison term
were diagnosed with serious mental illness or have a developmental
disorder and the number of days each of the prisoners with serious
mental illness or a developmental disorder have been confined to
administrative segregation.
Sec. 929. From the funds appropriated in part 1, the
department shall do all of the following:
(a) Ensure that any inmate care and control staff in contact
with prisoners less than 18 years of age are adequately trained
with regard to the developmental and mental health needs of
prisoners less than 18 years of age. By April 1, the department
shall report to the senate and house appropriations subcommittees
on corrections, the senate and house fiscal agencies, and the state
budget director on the training curriculum used and the number and
types of staff receiving annual training under that curriculum.
(b) Provide appropriate placement for prisoners less than 18
years of age who have serious mental illness, serious emotional
disturbance, or a serious developmental disorder and need to be
housed separately from the general population. Prisoners less than
18 years of age who have serious mental illness, serious emotional
disturbance, or a serious developmental disorder shall not be
removed from an existing placement as a punitive response to
behavior caused by their serious mental illness, serious emotional
disturbance, or a serious developmental disorder. Due to persistent
high violence risk or severe disruptive behavior that is
unresponsive to treatment, prisoners less than 18 years of age with
serious emotional disturbance, serious mental illness, or serious
developmental disorders may be placed in secure residential housing
programs that will facilitate access to institutional programming
and ongoing mental health services. A prisoner less than 18 years
of age with serious mental illness, serious emotional disturbance,
or a serious developmental disorder who is confined in these
specialized housing programs shall be evaluated or monitored by a
medical professional at a frequency of not less than every 12
hours.
(c) Implement a specialized reentry program that recognizes
the needs of prisoners less than 18 years old for supervised
reentry.
Sec. 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.
MISCELLANEOUS
Sec. 1009. The department shall make an information packet for
the families of incoming prisoners available on the department's
website. The information packet shall be updated by February 1 of
each year thereafter. The packet shall provide information on
topics including, but not limited to: how to put money into
prisoner accounts, how to make phone calls or create Jpay email
accounts, how to visit in person, proper procedures for filing
complaints or grievances, the rights of prisoners to physical and
mental health care, how to utilize the offender tracking
information system (OTIS), truth-in-sentencing and how it applies
to minimum sentences, the parole process, and guidance on the
importance of the role of families in the reentry process. The
department is encouraged to partner with external advocacy groups
and actual families of prisoners in the packet-writing process to
ensure that the information is useful and complete.
ARTICLE VI
DEPARTMENT OF EDUCATION
PART 1
LINE-ITEM APPROPRIATIONS
Sec. 101. There is appropriated for the department of
education for the fiscal year ending September 30, 2016, from the
following funds:
DEPARTMENT OF EDUCATION
APPROPRIATION SUMMARY
Full-time equated unclassified positions.......... 6.0
Full-time equated classified positions.......... 599.5
GROSS APPROPRIATION.................................... $ 303,549,800
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 0
ADJUSTED GROSS APPROPRIATION........................... $ 303,549,800
Federal revenues:
Total federal revenues................................. 212,921,900
Special revenue funds:
Total local revenues................................... 5,633,700
Total private revenues................................. 2,033,300
Total other state restricted revenues.................. 7,669,600
State general fund/general purpose..................... $ 75,291,300
Sec. 102. STATE BOARD OF EDUCATION/OFFICE OF THE
SUPERINTENDENT
Full-time equated unclassified positions.......... 6.0
Full-time equated classified positions........... 11.0
State board of education, per diem payments............ $ 24,400
Unclassified positions--6.0 FTE positions.............. 807,000
State board/superintendent operations--11.0 FTE
positions............................................ 2,092,100
GROSS APPROPRIATION.................................... $ 2,923,500
Appropriated from:
Federal revenues:
Federal revenues....................................... 222,100
Special revenue funds:
Private foundations.................................... 28,100
Certification fees..................................... 856,500
State general fund/general purpose..................... $ 1,816,800
Sec. 103. CENTRAL SUPPORT
Full-time equated classified positions........... 23.6
Central support operations--23.6 FTE positions......... $ 3,614,900
Worker's compensation.................................. 28,700
Building occupancy charges - property management
services............................................. 3,110,100
Training and orientation workshops..................... 150,000
Terminal leave payments................................ 554,700
GROSS APPROPRIATION.................................... $ 7,458,400
Appropriated from:
Federal revenues:
Federal revenues....................................... 1,659,900
Federal indirect funds................................. 2,545,500
Special revenue funds:
Certification fees..................................... 405,500
Teacher testing fees................................... 3,900
Training and orientation workshop fees................. 150,000
State general fund/general purpose..................... $ 2,693,600
Sec. 104. INFORMATION TECHNOLOGY SERVICES
Information technology operations...................... $ 4,179,800
GROSS APPROPRIATION.................................... $ 4,179,800
Appropriated from:
Federal revenues:
Federal revenues....................................... 604,000
Federal indirect funds................................. 1,784,500
Special revenue funds:
Local cost sharing (schools for deaf/blind)............ 76,500
Certification fees..................................... 389,200
State general fund/general purpose..................... $ 1,325,600
Sec. 105. SPECIAL EDUCATION SERVICES
Full-time equated classified positions........... 47.0
Special education operations--47.0 FTE positions....... $ 8,920,000
GROSS APPROPRIATION.................................... $ 8,920,000
Appropriated from:
Federal revenues:
Federal revenues....................................... 8,440,900
Special revenue funds:
Private foundations.................................... 110,100
Certification fees..................................... 44,000
State general fund/general purpose..................... $ 325,000
Sec. 106. MICHIGAN SCHOOLS FOR THE DEAF AND BLIND
Full-time equated classified positions........... 77.0
Michigan schools for the deaf and blind operations--
76.0 FTE positions................................... $ 12,651,600
Camp Tuhsmeheta--1.0 FTE position...................... 295,100
Private gifts - blind.................................. 200,000
Private gifts - deaf................................... 150,000
GROSS APPROPRIATION.................................... $ 13,296,700
Appropriated from:
Federal revenues:
Federal revenues....................................... 6,887,500
Special revenue funds:
Local cost sharing (schools for deaf/blind)............ 5,233,000
Local school district service fees..................... 312,500
Gifts, bequests, and donations......................... 645,100
Student insurance revenue.............................. 218,600
State general fund/general purpose..................... $ 0
Sec. 107. PROFESSIONAL PREPARATION SERVICES
Full-time equated classified positions........... 34.0
Professional preparation operations--34.0 FTE
positions............................................ $ 5,662,600
GROSS APPROPRIATION.................................... $ 5,662,600
Appropriated from:
Federal revenues:
Federal revenues....................................... 1,442,100
Special revenue funds:
Certification fees..................................... 3,586,300
Teacher college review fees............................ 55,300
Teacher testing fees................................... 358,600
State general fund/general purpose..................... $ 220,300
Sec. 108. MICHIGAN OFFICE OF GREAT START
Full-time equated classified positions........... 65.0
Office of great start operations--64.0 FTE positions... $ 22,808,600
Child development and care external support............ 17,735,000
Head start collaboration office--1.0 FTE position...... 307,400
Child development and care public assistance........... 131,503,300
GROSS APPROPRIATION.................................... $ 172,354,300
Appropriated from:
Federal revenues:
Federal revenues....................................... 133,824,300
Special revenue funds:
Private foundations.................................... 250,000
Certification fees..................................... 64,100
State general fund/general purpose..................... $ 38,215,900
Sec. 109. STATE AID AND SCHOOL FINANCE SERVICES
Full-time equated classified positions........... 10.5
State aid and school finance operations--9.5 FTE
positions............................................ $ 1,358,500
Financial independence team operations--1.0 FTE
position............................................. 149,500
GROSS APPROPRIATION.................................... $ 1,508,000
Appropriated from:
State general fund/general purpose..................... $ 1,508,000
Sec. 110. AUDIT SERVICES
Full-time equated classified positions............ 4.5
Audit operations--4.5 FTE positions.................... $ 601,800
GROSS APPROPRIATION.................................... $ 601,800
Appropriated from:
Federal revenues:
Federal indirect funds................................. 478,300
Special revenue funds:
Certification fees..................................... 61,200
State general fund/general purpose..................... $ 62,300
Sec. 111. ADMINISTRATIVE LAW SERVICES
Full-time equated classified positions............ 2.0
Administrative law operations--2.0 FTE positions....... $ 1,332,000
GROSS APPROPRIATION.................................... $ 1,332,000
Appropriated from:
Federal revenues:
Federal revenues....................................... 550,300
Special revenue funds:
Certification fees..................................... 685,200
State general fund/general purpose..................... $ 96,500
Sec. 112. ACCOUNTABILITY SERVICES
Full-time equated classified positions........... 65.6
Accountability services operations--65.6 FTE positions. $ 14,616,400
GROSS APPROPRIATION.................................... $ 14,616,400
Appropriated from:
Federal revenues:
Federal revenues....................................... 13,441,100
State general fund/general purpose..................... $ 1,175,300
Sec. 113. SCHOOL SUPPORT SERVICES
Full-time equated classified positions........... 82.6
School support services operations--82.6 FTE positions. $ 15,087,200
Federal and private grants............................. 3,000,000
GROSS APPROPRIATION.................................... $ 18,087,200
Appropriated from:
Federal revenues:
Federal revenues....................................... 16,240,500
Special revenue funds:
Local school district service fees..................... 11,700
Private foundations.................................... 1,000,000
Certification fees..................................... 85,600
Commodity distribution fees............................ 71,700
State general fund/general purpose..................... $ 677,700
Sec. 114. FIELD SERVICES
Full-time equated classified positions........... 45.0
Field services operations--45.0 FTE positions.......... $ 9,174,400
GROSS APPROPRIATION.................................... $ 9,174,400
Appropriated from:
Federal revenues:
Federal revenues....................................... 8,874,900
Special revenue funds:
Certification fees..................................... 77,000
State general fund/general purpose..................... $ 222,500
Sec. 115. EDUCATIONAL IMPROVEMENT AND INNOVATION
SERVICES
Full-time equated classified positions........... 59.7
Educational improvement and innovation operations--
59.7 FTE positions................................... $ 9,323,400
GROSS APPROPRIATION.................................... $ 9,323,400
Appropriated from:
Federal revenues:
Federal revenues....................................... 6,500,600
Special revenue funds:
Certification fees..................................... 556,900
State general fund/general purpose..................... $ 2,265,900
Sec. 116. CAREER AND TECHNICAL EDUCATION
Full-time equated classified positions........... 27.0
Career and technical education operations--27.0 FTE
positions............................................ $ 4,748,800
GROSS APPROPRIATION.................................... $ 4,748,800
Appropriated from:
Federal revenues:
Federal revenues....................................... 3,818,600
State general fund/general purpose..................... $ 930,200
Sec. 117. LIBRARY OF MICHIGAN
Full-time equated classified positions........... 33.0
Library of Michigan operations--32.0 FTE positions..... $ 4,408,800
Library services and technology program--1.0 FTE
position............................................. 5,606,800
State aid to libraries................................. 9,876,000
Michigan eLibrary...................................... 1,750,000
Renaissance zone reimbursements........................ 5,300,000
GROSS APPROPRIATION.................................... $ 26,941,600
Appropriated from:
Federal revenues:
IMLS, library services and technology act.............. 5,606,800
State general fund/general purpose..................... $ 21,334,800
Sec. 118. SCHOOL REFORM OFFICE
Full-time equated classified positions........... 12.0
School reform office operations--12.0 FTE positions.... $ 2,420,900
GROSS APPROPRIATION.................................... $ 2,420,900
Appropriated from:
State general fund/general purpose..................... $ 2,420,900
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
FOR FISCAL YEAR 2015-2016
GENERAL SECTIONS
Sec. 201. Pursuant to section 30 of article IX of the state
constitution of 1963, total state spending from state resources
under part 1 for the fiscal year ending September 30, 2016 is
$82,960,900.00 and state spending from state resources to be paid
to local units of government for the fiscal year ending September
30, 2016 is $15,176,000.00. The itemized statement below identifies
appropriations from which spending to local units of government
will occur:
DEPARTMENT OF EDUCATION
State aid to libraries................................. $ 9,876,000
Renaissance zone reimbursements........................ 5,300,000
Total department of education.......................... $ 15,176,000
Sec. 202. The appropriations authorized under this part and
part 1 are subject to the management and budget act, 1984 PA 431,
MCL 18.1101 to 18.1594.
Sec. 203. As used in this part and part 1:
(a) "Department" means the Michigan department of education.
(b) "District" means a local school district as defined in
section 6 of the revised school code, 1976 PA 451, MCL 380.6, or a
public school academy as defined in section 5 of the revised school
code, 1976 PA 451, MCL 380.5.
(c) "FTE" means full-time equated.
(d) "IMLS" means institute of museum and library services.
Sec. 204. The state superintendent of public instruction shall
take all reasonable steps to ensure businesses in deprived and
depressed communities compete for and perform contracts to provide
services or supplies, or both. The state superintendent of public
instruction shall strongly encourage firms with which the
department contracts to subcontract with certified businesses in
depressed and deprived communities for services, supplies, or both.
Sec. 205. The departments and agencies shall use the Internet
to fulfill the reporting requirements of this part. This
requirement may include transmission of reports via electronic mail
to the recipients identified for each reporting requirement, or it
may include placement of reports on an Internet or intranet site.
Sec. 206. The department shall provide through the Internet
the state board of education agenda and all supporting documents,
and shall notify the state budget director and the senate and house
fiscal agencies that the agenda and supporting documents are
available on the Internet, at the time the agenda and supporting
documents are provided to state board of education members.
Sec. 207. The department shall cooperate with the department
of technology, management, and budget to maintain a searchable
website accessible by the public at no cost that includes, but is
not limited to, all of the following for each department or agency:
(a) Fiscal year-to-date expenditures by category.
(b) Fiscal year-to-date expenditures by appropriation unit.
(c) Fiscal year-to-date payments to a selected vendor,
including the vendor name, payment date, payment amount, and
payment description.
(d) The number of active department employees by job
classification.
(e) Job specifications and wage rates.
Sec. 208. The department shall require all districts and
intermediate school districts to maintain complete records within
the personnel file of a teacher or school employee of any
disciplinary actions taken by the governing board against the
teacher or employee for sexual misconduct. The records shall not be
destroyed or removed from the teacher's or employee's personnel
file except as required by a court order.
Sec. 211. To the extent the state continues to identify
schools as meeting proficiency targets, before publishing a list of
schools or districts determined to have failed to make adequate
yearly progress as required by the no child left behind act of
2001, Public Law 107-110, the department shall allow a school or
district to appeal that determination. The department shall
consider and act upon the appeal within 30 days after it is
submitted and shall not publish the list until after all appeals
have been considered and decided.
Sec. 212. Funds appropriated in part 1 shall not be used for
the purchase of foreign goods or services, or both, if
competitively priced and comparable quality American goods or
services, or both, are available. Preference shall be given to
goods or services, or both, manufactured or provided by Michigan
businesses if they are competitively priced and of comparable
quality. In addition, preference should be given to goods or
services, or both, manufactured or provided by Michigan businesses
owned and operated by veterans if they are competitively priced and
of comparable quality.
Sec. 214. The department and agencies receiving appropriations
in part 1 shall prepare a report on out-of-state travel expenses
not later than January 1 of each year. The travel report shall be a
listing of all travel by classified and unclassified employees
outside this state in the immediately preceding fiscal year that
was funded in whole or in part with funds appropriated in the
department's budget. The report shall be submitted to the senate
and house appropriations committees, the house and senate fiscal
agencies, and the state budget director. The report must include
the following information:
(a) The dates of each travel occurrence.
(b) The transportation and related costs of each travel
occurrence, including the proportion funded with state general
fund/general purpose revenues, the proportion funded with state
restricted revenues, the proportion funded with federal revenues,
and the proportion funded with other revenues.
Sec. 216. The department shall not take disciplinary action
against an employee who communicates truthfully and factually with
a member of the legislature or his or her staff.
Sec. 218. The department and agencies receiving appropriations
in part 1 shall receive and retain copies of all reports funded
from appropriations in part 1. Federal and state guidelines for
short-term and long-term retention of records shall be followed.
The department may electronically retain copies of reports unless
otherwise required by federal and state guidelines.
Sec. 219. (1) In addition to the funds appropriated in part 1,
there is appropriated an amount not to exceed $5,000,000.00 for
federal contingency funds. These funds are not available for
expenditure until they have been transferred to another line item
in part 1 under section 393(2) of the management and budget act,
1984 PA 431, MCL 18.1393.
(2) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $700,000.00 for state
restricted contingency funds. These funds are not available for
expenditure until they have been transferred to another line item
in part 1 under section 393(2) of the management and budget act,
1984 PA 431, MCL 18.1393.
(3) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $250,000.00 for local
contingency funds. These funds are not available for expenditure
until they have been transferred to another line item in part 1
under section 393(2) of the management and budget act, 1984 PA 431,
MCL 18.1393.
(4) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $3,000,000.00 for private
contingency funds. These funds are not available for expenditure
until they have been transferred to another line item in part 1
under section 393(2) of the management and budget act, 1984 PA 431,
MCL 18.1393.
Sec. 220. (1) The department shall provide data requested by a
member of the legislature, his or her staff, or the house and
senate fiscal agencies in a timely manner. If the department fails
to provide reasonably requested data within 30 days after the
request, the state money appropriated in part 1 for state
board/superintendent operations shall be reduced by 1%.
(2) If the department fails to provide to the legislature
reports and other data required by boilerplate or statute within 30
days after the date the information is due, the state money
appropriated in part 1 for state board/superintendent operations
shall be reduced by 1%.
Sec. 221. Funds appropriated in part 1 shall not be used by a
principal executive department, state agency, or authority to hire
a person to provide legal services that are the responsibility of
the attorney general. This prohibition does not apply to legal
services for bonding activities and for those activities that the
attorney general authorizes.
Sec. 222. The department shall maintain, on a publicly
accessible website, a department scorecard that identifies, tracks,
and regularly updates key metrics that are used to monitor and
improve the agency's performance.
Sec. 226. Not later than November 30, the state budget office
shall prepare and transmit a report that provides for estimates of
the total general fund/general purpose appropriation lapses at the
close of the 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 office of the state budget, the
chairpersons of the senate and house appropriations committees, and
the senate and house fiscal agencies.
Sec. 227. Within 14 days after the release of the executive
budget recommendation, the department shall cooperate with the
state budget office to provide the senate and house appropriations
chairs, the senate and house appropriations subcommittees
responsible for the department budget, respectively, and the senate
and house fiscal agencies with an annual report on estimated state
restricted fund balances, state restricted fund projected revenues,
and state restricted fund expenditures for the fiscal years ending
September 30, 2015 and September 30, 2016.
Sec. 230. The department may assist the department of
community health, 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 community health for reimbursement.
Sec. 231. Total authorized appropriations from all sources
under part 1 for legacy costs for the fiscal year ending September
30, 2016 is estimated at $15,932,000.00. Total agency
appropriations for pension-related legacy costs are estimated at
$9,042,900.00. Total agency appropriations for retiree health care
legacy costs are estimated at $6,889,100.00.
Sec. 233. No state department or agency shall issue a request
for proposal (RFP) for a contract in excess of $1,000,000.00,
unless the department or agency has first considered issuing a
request for information (RFI) or a request for qualification (RFQ)
relative to that contract to better enable the department or agency
to learn more about the market for the products or services that
are the subject of the future RFP. The department or agency shall
notify the department of technology, management, and budget of the
evaluation process used to determine if an RFI or RFQ was not
necessary prior to issuing the RFP.
Sec. 234. (1) For each new program or program expansion for
which funds in excess of $500,000.00 are appropriated in part 1,
the department shall identify specific benchmarks intended to
measure the performance or return on taxpayer investment of the
program and its associated expenditures. Not later than November 1,
2015, the department shall report the proposed benchmarks to the
house and senate appropriations subcommittees for that department,
the house and senate fiscal agencies, and the state budget
director. The department shall provide an update on its progress in
achieving those benchmarks at an appropriations subcommittee
meeting called for the purpose of discussing benchmarks and their
status.
(2) Beginning with the budget for the fiscal year ending
September 30, 2016, any proposal for a new program or an expansion
of an existing program in excess of $500,000.00 initiated by the
executive branch or the legislature shall include, as part of the
original proposal or budget request, a list of benchmarks intended
to measure the performance or return on taxpayer investment of the
program or spending increase.
Sec. 235. The department shall not enter into a contract
funded under part 1 that exceeds $1,000,000.00 or seek a federal
waiver from the no child left behind act of 2001, Public Law 107-
110, or an amendment to the federal waiver, until after
notification of the content to both the house and senate
appropriations committees.
Sec. 236. From the funds appropriated in part 1, the
department shall compile a report that identifies the mandates
required of nonpublic schools. In compiling the report, the
department may consult with relevant statewide education
associations in Michigan. The report compiled by the department
shall indicate the type of mandate, including, but not limited to,
student health, student or building safety, accountability, and
educational requirements, and shall indicate whether a school has
to report on the specified mandates. The report required under this
section shall be completed by April 1, 2016 and transmitted to the
state budget director, the house and senate appropriations
subcommittees responsible for the department of education, and the
senate and house fiscal agencies not later than April 15, 2016.
Sec. 237. The department shall identify fund-raisers that are
exempt from federal nutrition standards and take any other action
as may be necessary for public schools in this state to be able to
allow fund-raising sales on school premises during school hours of
foods and beverages that do not meet federal nutrition standards
prescribed by the United States Department of Agriculture.
STATE BOARD/OFFICE OF THE SUPERINTENDENT
Sec. 301. (1) The appropriations in part 1 may be used for per
diem payments to the state board for meetings at which a quorum is
present or for performing official business authorized by the state
board. The per diem payments shall be at a rate as follows:
(a) State board of education - president - $110.00 per day.
(b) State board of education - member other than president -
$100.00 per day.
(2) A state board of education member shall not be paid a per
diem for more than 30 days per year.
Sec. 302. From the amount appropriated in part 1 to the state
board of education, not more than $35,000.00 for the fiscal year
ending September 30, 2016 shall be expended for in-state travel and
out-of-state travel directly related to the duties of the state
board of education.
MICHIGAN SCHOOLS FOR THE DEAF AND BLIND
Sec. 401. The employees at the Michigan schools for the deaf
and blind who work on a school year basis are considered annual
employees for purposes of service credits, retirement, and
insurance benefits.
Sec. 402. For each student enrolled at the Michigan schools
for the deaf and blind, the department shall assess the
intermediate school district of residence 100% of the cost of
operating the student's instructional program. The amount shall
exclude room and board related costs and the cost of weekend
transportation between the school and the student's home.
Sec. 406. (1) The Michigan schools for the deaf and blind may
promote its residential program as a possible appropriate option
for children who are deaf or hard of hearing or who are blind or
visually impaired. The Michigan schools for the deaf and blind
shall distribute information detailing its services to all
intermediate school districts in the state.
(2) Upon knowledge of or recognition by an intermediate school
district that a child in the district is deaf or hard of hearing or
blind or visually impaired, the intermediate school district shall
provide to the parents of the child the literature distributed by
the Michigan schools for the deaf and blind to intermediate school
districts under subsection (1).
(3) Parents will continue to have a choice regarding the
educational placement of their deaf or hard-of-hearing children.
Sec. 407. Revenue received by the Michigan schools for the
deaf and blind from gifts, bequests, donations, and local district
service fees that is unexpended at the end of the state fiscal year
may be carried over to the succeeding fiscal year and shall not
revert to the general fund.
Sec. 408. In addition to the funds appropriated in part 1, the
funds collected by the Michigan schools for the deaf and the low
incidence outreach program for document reproduction and services;
conferences, workshops, and training classes; and the use of
specialized equipment, facilities, and software are appropriated
for all expenses necessary to provide the required services. These
funds are available for expenditure when they are received and may
be carried forward into the next succeeding fiscal year.
PROFESSIONAL PREPARATION SERVICES
Sec. 501. From the funds appropriated in part 1 for
professional preparation services, the department shall maintain
the registry of educational personnel and certificate
revocation/felony conviction files.
Sec. 502. The department shall authorize teacher preparation
institutions to provide an alternative program by which up to 1/2
of the required student internship or student teaching credits may
be earned through substitute teaching. The department shall require
that teacher preparation institutions collaborate with school
districts to ensure that the quality of instruction provided to
student teachers is comparable to that required in a traditional
student teaching program.
Sec. 506. Revenue received from teacher testing fees that is
unexpended at the end of the state fiscal year may be carried over
to the succeeding fiscal year and shall not revert to the general
fund.
STATE AID AND SCHOOL FINANCE SERVICES
Sec. 601. Funds appropriated in part 1 for the financial
independence team shall be expended for the purpose of implementing
an early warning system to identify districts and intermediate
school districts that are in need of financial attention. The
financial independence team shall provide expertise, technical
assistance, and the resources necessary to address the financial
needs for those identified distressed districts and intermediate
school districts.
LIBRARY OF MICHIGAN
Sec. 801. In addition to the funds appropriated in part 1, the
funds collected by the department for document reproduction and
services; conferences, workshops, and training classes; and the use
of specialized equipment, facilities, and software are appropriated
for all expenses necessary to provide the required services. These
funds are available for expenditure when they are received and may
be carried forward into the next succeeding fiscal year.
Sec. 803. It is the intent of the legislature that the library
of Michigan and the component programs currently within the library
of Michigan with the exception of the genealogical collections
shall be kept together in a state department.
Sec. 804. (1) The funds appropriated in part 1 for renaissance
zone reimbursements shall be used to reimburse public libraries
under section 12 of the Michigan renaissance zone act, 1996 PA 376,
MCL 125.2692, for taxes levied in 2015. The allocations shall be
made not later than 60 days after the department of treasury
certifies to the department and to the state budget director that
the department of treasury has received all necessary information
to properly determine the amounts due to each eligible recipient.
(2) If the amount appropriated under this section is not
sufficient to fully pay obligations under this section, payments
shall be prorated on an equal basis among all eligible public
libraries.
SCHOOL SUPPORT SERVICES
Sec. 901. Within 10 days of the receipt of a grant
appropriated in the federal and private grants line item in part 1,
the department shall notify the house and senate chairpersons of
the appropriations subcommittees responsible for the department
budget, the house and senate fiscal agencies, and the state budget
director of the receipt of the grant, including the funding source,
purpose, and amount of the grant.
MICHIGAN OFFICE OF GREAT START
Sec. 1001. By November 1, 2015, the department shall submit a
report to the house and senate appropriations subcommittees on the
department of education budget and the house and senate fiscal
agencies on the number of eligible child care providers by type
receiving payment for child care services from the department on
October 1, 2015.
Sec. 1003. (1) The department shall provide the house and
senate appropriations subcommittees on the department budget with
an annual report on all funding appropriated to the early childhood
investment corporation (ECIC) by the state for fiscal year 2014-
2015. The report is due by February 15 and shall contain at least
the following information:
(a) Total funding appropriated to the early childhood
investment corporation by the state for fiscal year 2014-2015.
(b) The amount of funding for each grant awarded.
(c) The grant recipients.
(d) The activities funded by each grant.
(e) An analysis of each grant recipient's success in
addressing the development of a comprehensive system of early
childhood services and supports.
(2) All department contracts for early childhood comprehensive
systems planning shall be bid out through a statewide request-for-
proposal process.
SCHOOL REFORM OFFICE
Sec. 1101. (1) From the funds appropriated in part 1, the
department shall assure all of the following:
(a) That public schools that are removed from the control of a
district by action of the state reform/redesign officer,
superintendent of public instruction, or any other entity remain in
compliance with all applicable state and federal law concerning
special education.
(b) That students at public schools described in subdivision
(a) with individualized education programs are afforded special
education services in accordance with applicable state and federal
law concerning special education.
(2) The department shall report to the legislature on the
number of students in public schools described in subsection (1)(a)
who have an individualized education program and the performance
results of those students after the change in governance of the
public school.
PART 2A
PROVISIONS CONCERNING ANTICIPATED APPROPRIATIONS
FOR FISCAL YEAR 2016-2017
GENERAL SECTIONS
Sec. 1201. It is the intent of the legislature to provide
appropriations for the fiscal year ending on September 30, 2017 for
the line items listed in part 1. The fiscal year 2016-2017
appropriations are anticipated to be the same as those for fiscal
year 2015-2016, except that the line items will be adjusted for
changes in caseload and related costs, federal fund match rates,
economic factors, and available revenue. These adjustments will be
determined after the January 2016 consensus revenue estimating
conference.
ARTICLE VII
DEPARTMENT OF ENVIRONMENTAL QUALITY
PART 1
LINE-ITEM APPROPRIATIONS
Sec. 101. There is appropriated for the department of
environmental quality for the fiscal year ending September 30,
2016, from the following funds:
DEPARTMENT OF ENVIRONMENTAL QUALITY
APPROPRIATION SUMMARY
Full-time equated unclassified positions.......... 6.0
Full-time equated classified positions........ 1,221.0
GROSS APPROPRIATION.................................... $ 487,912,900
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 9,115,300
ADJUSTED GROSS APPROPRIATION........................... $ 478,797,600
Federal revenues:
Total federal revenues................................. 138,163,100
Special revenue funds:
Total local revenues................................... 0
Total private revenues................................. 546,000
Total other state restricted revenues.................. 305,010,800
State general fund/general purpose..................... $ 35,077,700
FUND SOURCE SUMMARY
Full-time equated unclassified positions.......... 6.0
Full-time equated classified positions........ 1,221.0
GROSS APPROPRIATION.................................... $ 487,912,900
Interdepartmental grant revenues:
IDG, MDSP.............................................. 1,720,100
IDG, MDOT - Michigan transportation fund............... 1,310,500
IDT, interdivisional charges........................... 2,053,400
IDT, laboratory services............................... 4,031,300
Total interdepartmental grants and intradepartmental
transfers............................................ 9,115,300
ADJUSTED GROSS APPROPRIATION........................... $ 478,797,600
Federal revenues:
Federal funds.......................................... 138,163,100
Total federal revenues................................. 138,163,100
Special revenue funds:
Private funds.......................................... 546,000
Total private revenues................................. 546,000
Air emissions fees..................................... 11,910,500
Aquatic nuisance control fund.......................... 897,800
Campground fund........................................ 309,300
Clean Michigan initiative - clean water fund........... 2,617,100
Clean Michigan initiative - contaminated sediment...... 1,565,000
Clean Michigan initiative - nonpoint source............ 2,000,000
Clean Michigan initiative - response activities........ 1,500,000
Cleanup and redevelopment fund......................... 19,105,000
Community pollution prevention fund.................... 250,000
Electronic waste recycling fund........................ 320,700
Environmental education fund........................... 164,000
Environmental pollution prevention fund................ 7,824,700
Environmental protection bond fund..................... 126,800
Environmental protection fund.......................... 2,379,800
Environmental response fund............................ 3,719,000
Fees and collections................................... 421,500
Financial instruments.................................. 9,347,200
Great Lakes protection fund............................ 234,800
Groundwater discharge permit fees...................... 1,719,500
Infrastructure construction fund....................... 50,000
Land and water permit fees............................. 3,150,700
Landfill maintenance trust fund........................ 30,300
Medical waste emergency response fund.................. 325,100
Metallic mining surveillance fee revenue............... 98,900
Mineral well regulatory fee revenue.................... 217,200
Nonferrous metallic mineral surveillance............... 353,600
NPDES fees............................................. 4,459,100
Oil and gas regulatory fund............................ 10,349,200
Orphan well fund....................................... 2,372,300
Public swimming pool fund.............................. 638,500
Public utility assessments............................. 257,400
Public water supply fees............................... 4,861,300
Refined petroleum fund................................. 40,685,600
Retired engineers technical assistance fund............ 669,600
Revitalization revolving loan fund..................... 100,700
Revolving loan revenue bonds........................... 11,400,000
Sand extraction fee revenue............................ 91,100
Scrap tire regulatory fund............................. 5,066,600
Septage waste contingency fund......................... 18,100
Septage waste program fund............................. 520,400
Settlement funds....................................... 419,000
Sewage sludge land application fee..................... 1,114,800
Small business pollution prevention revolving loan
fund................................................. 162,600
Soil erosion and sedimentation control training fund... 167,000
Solid waste management fund - staff account............ 4,956,400
Stormwater permit fees................................. 3,059,700
Strategic water quality initiatives fund............... 116,173,600
Underground storage tank cleanup fund.................. 20,000,000
Wastewater operator training fees...................... 579,300
Water analysis fees.................................... 2,204,200
Water pollution control revolving fund................. 3,667,500
Water quality protection fund.......................... 100,000
Water use reporting fees............................... 278,300
Total other state restricted revenues.................. 305,010,800
State general fund/general purpose..................... $ 35,077,700
Sec. 102. EXECUTIVE OPERATIONS
Full-time equated unclassified positions.......... 6.0
Full-time equated classified positions........... 13.0
Unclassified salaries--6.0 FTE positions............... $ 735,600
Executive direction--13.0 FTE positions................ 2,058,000
GROSS APPROPRIATION.................................... $ 2,793,600
Appropriated from:
Federal revenues:
Federal funds.......................................... 27,100
Special revenue funds:
Environmental protection fund.......................... 298,100
Environmental response fund............................ 169,300
Oil and gas regulatory fund............................ 221,800
Refined petroleum fund................................. 590,900
Settlement funds....................................... 11,400
State general fund/general purpose..................... $ 1,475,000
Sec. 103. OFFICE OF THE GREAT LAKES
Full-time equated classified positions........... 12.0
Office of the Great Lakes--12.0 FTE positions.......... $ 2,141,200
Coastal management grants.............................. 1,250,000
GROSS APPROPRIATION.................................... $ 3,391,200
Appropriated from:
Federal revenues:
Federal funds.......................................... 2,176,300
Special revenue funds:
Great Lakes protection fund............................ 213,500
Settlement funds....................................... 111,900
State general fund/general purpose..................... $ 889,500
Sec. 104. GREAT LAKES RESTORATION INITIATIVE
Full-time equated classified positions............ 6.0
Great Lakes restoration initiative--6.0 FTE positions.. $ 15,046,100
GROSS APPROPRIATION.................................... $ 15,046,100
Appropriated from:
Federal revenues:
Federal funds.......................................... 15,046,100
Special revenue funds:
State general fund/general purpose..................... $ 0
Sec. 105. DEPARTMENT SUPPORT SERVICES
Full-time equated classified positions........... 34.0
Central support services--34.0 FTE positions........... $ 4,073,300
Accounting service center.............................. 1,362,200
Administrative hearings................................ 372,200
Automated data processing.............................. 2,053,400
Building occupancy charges............................. 4,438,600
Environmental support projects......................... 5,000,000
Rent - privately owned property........................ 2,281,200
GROSS APPROPRIATION.................................... $ 19,580,900
Appropriated from:
Interdepartmental grant revenues:
IDG, MDSP.............................................. 59,100
IDT, interdivisional charges........................... 2,053,400
IDT, laboratory services............................... 150,200
Special revenue funds:
Air emissions fees..................................... 1,230,600
Campground fund........................................ 13,900
Cleanup and redevelopment fund......................... 1,408,500
Electronic waste recycling fund........................ 15,000
Environmental pollution prevention fund................ 759,700
Environmental response fund............................ 213,400
Fees and collections................................... 26,100
Financial instruments.................................. 7,218,700
Great Lakes protection fund............................ 13,800
Groundwater discharge permit fees...................... 178,900
Land and water permit fees............................. 515,600
Medical waste emergency response fund.................. 15,600
Metallic mining surveillance fee revenue............... 4,400
Mineral well regulatory fee revenue.................... 7,800
Nonferrous metallic mineral surveillance............... 800
NPDES fees............................................. 217,700
Oil and gas regulatory fund............................ 593,400
Orphan well fund....................................... 45,900
Public swimming pool fund.............................. 23,800
Public utility assessments............................. 19,900
Public water supply fees............................... 168,800
Refined petroleum fund................................. 1,611,500
Sand extraction fee revenue............................ 3,700
Scrap tire regulatory fund............................. 154,000
Septage waste program fund............................. 17,500
Settlement funds....................................... 36,500
Sewage sludge land application fee..................... 117,600
Small business pollution prevention revolving loan
fund................................................. 16,900
Soil erosion and sedimentation control training fund... 16,500
Solid waste management fund - staff account............ 298,300
Stormwater permit fees................................. 111,600
Wastewater operator training fees...................... 30,000
Water analysis fees.................................... 134,300
Water use reporting fees............................... 21,500
State general fund/general purpose..................... $ 2,056,000
Sec. 106. OFFICE OF ENVIRONMENTAL ASSISTANCE
Full-time equated classified positions........... 40.0
Office of environmental assistance--40.0 FTE positions. $ 7,233,000
Pollution prevention local grants...................... 250,000
GROSS APPROPRIATION.................................... $ 7,483,000
Appropriated from:
Federal revenues:
Federal funds.......................................... 779,100
Special revenue funds:
Private funds.......................................... 359,200
Air emissions fees..................................... 134,600
Community pollution prevention fund.................... 250,000
Environmental education fund........................... 164,000
Environmental pollution prevention fund................ 1,481,700
Fees and collections................................... 118,500
Retired engineers technical assistance fund............ 669,600
Settlement funds....................................... 259,200
Small business pollution prevention revolving loan
fund................................................. 132,500
State general fund/general purpose..................... $ 3,134,600
Sec. 107. WATER RESOURCES DIVISION
Full-time equated classified positions.......... 316.0
Land and water interface permit programs--82.0 FTE
positions............................................ $ 11,439,100
Program direction and project assistance--27.0 FTE
positions............................................ 2,972,900
Water withdrawal assessment program--4.0 FTE positions. 611,900
Expedited water/wastewater permits--1.0 FTE position... 50,000
Fish contaminant monitoring............................ 316,100
NPDES nonstormwater program--83.0 FTE positions........ 12,777,900
Surface water--86.0 FTE positions...................... 15,638,200
Aquatic nuisance control program--6.0 FTE positions.... 897,800
Groundwater discharge--22.0 FTE positions.............. 3,157,800
Federal - Great Lakes remedial action plan grants...... 583,800
Federal - nonpoint source water pollution grants....... 4,083,300
Water quality protection grants........................ 100,000
Water quality and use initiative--5.0 FTE positions.... 1,624,000
Real-time beach monitoring............................. 500,000
Wetlands program....................................... 1,000,000
Wetland mitigation banking grants and loans............ 3,000,000
Contaminated lake and river sediment cleanup program... 1,565,000
Nonpoint source pollution prevention and control
project program...................................... 2,000,000
GROSS APPROPRIATION.................................... $ 62,317,800
Appropriated from:
Interdepartmental grant revenues:
IDG, MDOT - Michigan transportation fund............... 1,225,400
Federal revenues:
Federal funds.......................................... 19,233,000
Special revenue funds:
Aquatic nuisance control fund.......................... 897,800
Clean Michigan initiative fund - clean water fund...... 2,617,100
Clean Michigan initiative fund - contaminated sediment. 1,565,000
Clean Michigan initiative fund - nonpoint source....... 2,000,000
Environmental response fund............................ 201,600
Groundwater discharge permit fees...................... 1,446,200
Infrastructure construction fund....................... 50,000
Land and water permit fees............................. 2,295,900
NPDES fees............................................. 4,070,300
Refined petroleum fund................................. 440,600
Sewage sludge land application fee..................... 936,200
Soil erosion and sedimentation control training fund... 137,600
Stormwater permit fees................................. 2,860,700
Strategic water quality initiatives fund............... 3,000,000
Wastewater operator training fees...................... 276,600
Water pollution control revolving fund................. 809,500
Water quality protection fund.......................... 100,000
Water use reporting fees............................... 240,500
State general fund/general purpose..................... $ 17,913,800
Sec. 108. LAW ENFORCEMENT DIVISION
Full-time equated classified positions........... 14.0
Environmental investigations--14.0 FTE positions....... $ 2,809,200
GROSS APPROPRIATION.................................... $ 2,809,200
Appropriated from:
Interdepartmental grant revenues:
IDT, laboratory services............................... 15,700
Federal revenues:
Federal funds.......................................... 569,500
Special revenue funds:
Air emissions fees..................................... 55,900
Campground fund........................................ 2,100
Cleanup and redevelopment fund......................... 185,500
Electronic waste recycling fund........................ 1,600
Environmental pollution prevention fund................ 106,200
Environmental response fund............................ 40,000
Fees and collections................................... 4,100
Financial instruments.................................. 513,600
Great Lakes protection fund............................ 1,500
Groundwater discharge permit fees...................... 18,700
Land and water permit fees............................. 76,900
Medical waste emergency response fund.................. 2,400
Metallic mining surveillance fee revenue............... 700
Mineral well regulatory fee revenue.................... 1,200
NPDES fees............................................. 31,900
Oil and gas regulatory fund............................ 85,700
Orphan well fund....................................... 7,100
Public swimming pool fund.............................. 3,700
Public utility assessments............................. 2,000
Public water supply fees............................... 26,200
Refined petroleum fund................................. 360,900
Sand extraction fee revenue............................ 600
Scrap tire regulatory fund............................. 28,900
Septage waste program fund............................. 2,700
Sewage sludge land application fee..................... 12,100
Small business pollution prevention revolving loan
fund................................................. 2,600
Soil erosion and sedimentation control training fund... 2,600
Solid waste management fund - staff account............ 40,400
Stormwater permit fees................................. 17,400
Wastewater operator training fees...................... 4,600
Water analysis fees.................................... 18,100
Water use reporting fees............................... 3,100
State general fund/general purpose..................... $ 563,000
Sec. 109. AIR QUALITY DIVISION
Full-time equated classified positions.......... 189.0
Air quality programs--189.0 FTE positions.............. $ 26,868,000
GROSS APPROPRIATION.................................... $ 26,868,000
Appropriated from:
Federal revenues:
Federal funds.......................................... 7,322,000
Special revenue funds:
Air emissions fees..................................... 9,831,400
Environmental pollution prevention fund................ 1,337,000
Fees and collections................................... 222,400
Oil and gas regulatory fund............................ 134,600
Refined petroleum fund................................. 3,589,900
State general fund/general purpose..................... $ 4,430,700
Sec. 110. RESOURCE MANAGEMENT DIVISION
Full-time equated classified positions.......... 305.0
Drinking water and environmental health--106.0 FTE
positions............................................ $ 14,505,000
Hazardous waste management program--45.0 FTE positions. 6,795,500
Low-level radioactive waste authority--2.0 FTE
positions............................................ 227,700
Medical waste program--2.0 FTE positions............... 297,200
Municipal assistance--29.0 FTE positions............... 4,724,600
Radiological protection program--12.0 FTE positions.... 1,939,200
Scrap tire regulatory program--10.0 FTE positions...... 1,320,200
Oil, gas, and mineral services--59.0 FTE positions..... 12,012,800
Recycling initiative--3.0 FTE positions................ 999,100
Solid waste management program--37.0 FTE positions..... 4,925,900
Drinking water program grants.......................... 830,000
Noncommunity water grants.............................. 2,000,000
Septage waste compliance grants........................ 275,000
Strategic water quality initiative grants and loans.... 97,000,000
Water pollution control and drinking water revolving
fund................................................. 84,993,000
Scrap tire grants...................................... 3,500,000
GROSS APPROPRIATION.................................... $ 236,345,200
Appropriated from:
Interdepartmental grant revenues:
IDG, MDSP.............................................. 1,635,600
Federal revenues:
Federal funds.......................................... 85,785,900
Special revenue funds:
Campground fund........................................ 285,000
Electronic waste recycling fund........................ 297,700
Environmental pollution prevention fund................ 3,686,500
Fees and collections................................... 34,000
Medical waste emergency response fund.................. 297,200
Metallic mining surveillance fee revenue............... 91,100
Mineral well regulatory fee revenue.................... 203,300
Nonferrous metallic mineral surveillance............... 352,500
Oil and gas regulatory fund............................ 8,991,200
Orphan well fund....................................... 2,290,200
Public swimming pool fund.............................. 596,000
Public utility assessments............................. 227,700
Public water supply fees............................... 4,217,400
Refined petroleum fund................................. 670,300
Revolving loan revenue bonds........................... 11,400,000
Sand extraction fee revenue............................ 84,500
Scrap tire regulatory fund............................. 4,820,200
Septage waste contingency fund......................... 18,100
Septage waste program fund............................. 489,000
Solid waste management fund - staff account............ 4,448,700
Strategic water quality initiatives fund............... 98,173,600
Wastewater operator training fees...................... 249,200
Water pollution control revolving fund................. 2,814,900
State general fund/general purpose..................... $ 4,185,400
Sec. 111. REMEDIATION AND REDEVELOPMENT DIVISION
Full-time equated classified positions.......... 291.0
Contaminated site investigations, cleanup and
revitalization--202.0 FTE positions.................. $ 24,329,900
Federal cleanup project management--50.0 FTE positions. 8,858,900
Laboratory services--39.0 FTE positions................ 6,082,600
Brownfield grants...................................... 1,500,000
Emergency cleanup actions.............................. 4,000,000
Environmental bond site reclamation program............ 126,800
Environmental cleanup support.......................... 1,840,000
Environmental cleanup and redevelopment program........ 15,000,000
Refined petroleum product cleanup program.............. 20,000,000
Superfund cleanup...................................... 1,000,000
GROSS APPROPRIATION.................................... $ 82,738,200
Appropriated from:
Interdepartmental grant revenues:
IDT, laboratory services............................... 3,801,400
Federal revenues:
Federal funds.......................................... 6,248,100
Special revenue funds:
Private funds.......................................... 186,800
Clean Michigan initiative - response activities........ 1,500,000
Cleanup and redevelopment fund......................... 16,758,900
Environmental protection bond fund..................... 126,800
Environmental protection fund.......................... 1,995,400
Environmental response fund............................ 2,931,200
Landfill maintenance trust fund........................ 30,300
Public water supply fees............................... 302,800
Refined petroleum fund................................. 31,777,400
Revitalization revolving loan fund..................... 100,700
Strategic water quality initiatives fund............... 15,000,000
Water analysis fees.................................... 1,978,400
State general fund/general purpose..................... $ 0
Sec. 112. UNDERGROUND STORAGE TANK AUTHORITY
Full-time equated classified positions............ 1.0
Underground storage tank cleanup program--1.0 FTE
position............................................. $ 20,000,000
GROSS APPROPRIATION.................................... $ 20,000,000
Appropriated from:
Federal revenues:
Special revenue funds:
Underground storage tank cleanup fund.................. 20,000,000
State general fund/general purpose..................... $ 0
Sec. 113. INFORMATION TECHNOLOGY
Information technology services and projects........... $ 8,539,700
GROSS APPROPRIATION.................................... $ 8,539,700
Appropriated from:
Interdepartmental grant revenues:
IDG, MDSP.............................................. 25,400
IDG, MDOT - Michigan transportation fund............... 85,100
IDT, laboratory services............................... 64,000
Federal revenues:
Federal funds.......................................... 976,000
Special revenue funds:
Air emission fees...................................... 658,000
Campground fund........................................ 8,300
Cleanup and redevelopment fund......................... 752,100
Electronic waste recycling fund........................ 6,400
Environmental pollution prevention fund................ 453,600
Environmental protection fund.......................... 86,300
Environmental response fund............................ 163,500
Fees and collections................................... 16,400
Financial instruments.................................. 1,614,900
Great Lakes protection fund............................ 6,000
Groundwater discharge permit fees...................... 75,700
Land and water permit fees............................. 262,300
Medical waste emergency response fund.................. 9,900
Metallic mining surveillance fee revenue............... 2,700
Mineral well regulatory fee revenue.................... 4,900
Nonferrous metallic mineral surveillance............... 300
NPDES fees............................................. 139,200
Oil and gas regulatory fund............................ 322,500
Orphan well fund....................................... 29,100
Public swimming pool fund.............................. 15,000
Public utility assessments............................. 7,800
Public water supply fees............................... 146,100
Refined petroleum fund................................. 1,644,100
Sand extraction fee revenue............................ 2,300
Scrap tire regulatory fund............................. 63,500
Septage waste program fund............................. 11,200
Sewage sludge land application fee..................... 48,900
Small business pollution prevention revolving loan
fund................................................. 10,600
Soil erosion and sedimentation control training fund... 10,300
Solid waste management fund - staff account............ 169,000
Stormwater permit fees................................. 70,000
Wastewater operator training fees...................... 18,900
Water analysis fees.................................... 73,400
Water pollution control revolving fund................. 43,100
Water use reporting fees............................... 13,200
State general fund/general purpose..................... $ 429,700
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
FOR FISCAL YEAR 2015-2016
GENERAL SECTIONS
Sec. 201. Pursuant to section 30 of article IX of the state
constitution of 1963, total state spending from state resources
under part 1 for fiscal year 2015-2016 is $340,088,500.00 and state
spending from state resources to be paid to local units of
government for fiscal year 2015-2016 is $3,648,500.00. The itemized
statement below identifies appropriations from which spending to
local units of government will occur:
GRANTS
Drinking water and environmental health................ $ 1,800,000
Surface water quality program.......................... 500,000
Waste management programs.............................. 1,073,500
Septage waste compliance program....................... 275,000
TOTAL.................................................. $ 3,648,500
Sec. 202. The appropriations authorized under this part and
part 1 are subject to the management and budget act, 1984 PA 431,
MCL 18.1101 to 18.1594.
Sec. 203. As used in this part and part 1:
(a) "Department" means the department of environmental
quality.
(b) "Director" means the director of the department.
(c) "FTE" means full-time equated.
(d) "IDG" means interdepartmental grant.
(e) "IDT" means intradepartmental transfer.
(f) "MDOT" means the state transportation department.
(g) "MDSP" means the department of state police.
(h) "NPDES" means national pollution discharge elimination
system.
Sec. 204. (1) For each new program or program expansion for
which funds in excess of $500,000.00 are appropriated in part 1,
the department shall identify specific benchmarks intended to
measure the performance or return on taxpayer investment of the
program and its associated expenditures. Not later than November 1,
2015, the department shall report the proposed benchmarks to the
house and senate appropriations subcommittees for that department,
the house and senate fiscal agencies, and the state budget
director. The department shall provide an update on its progress in
achieving those benchmarks at an appropriations subcommittee
meeting called for the purpose of discussing benchmarks and their
status.
(2) It is the intent of the legislature that, beginning with
the budget for the fiscal year ending September 30, 2016, any
proposal for a new program or an expansion of an existing program
in excess of $500,000.00 initiated by the executive branch or the
legislature shall include, as part of the original proposal or
budget request, a list of benchmarks intended to measure the
performance or return on taxpayer investment of the program or
spending increase.
Sec. 205. The departments and agencies receiving
appropriations in part 1 shall use the Internet to fulfill the
reporting requirements of this part. This requirement may include
transmission of reports via electronic mail to the recipients
identified for each reporting requirement, or it may include
placement of reports on an Internet or intranet site.
Sec. 207. The departments and agencies receiving
appropriations in part 1 shall receive and retain copies of all
reports funded from appropriations in part 1. Federal and state
guidelines for short-term and long-term retention of records shall
be followed. The department may electronically retain copies of
reports unless otherwise required by federal and state guidelines.
Sec. 209. The departments and agencies receiving
appropriations in part 1 shall prepare a report on out-of-state
travel expenses not later than January 1 of each year. The travel
report shall be a listing of all travel by classified and
unclassified employees outside this state in the immediately
preceding fiscal year that was funded in whole or in part with
funds appropriated in the department's budget. The report shall be
submitted to the house and senate appropriations committees, the
house and senate fiscal agencies, and the state budget director.
The report shall include the following information:
(a) The dates of each travel occurrence.
(b) The total transportation and related costs of each travel
occurrence, including the proportion funded with state general
fund/general purpose revenues, the proportion funded with state
restricted revenues, the proportion funded with federal revenues,
and the proportion funded with other revenues.
Sec. 210. Funds appropriated in part 1 shall not be used for
the purchase of foreign goods or services, or both, if
competitively priced and of comparable quality American goods or
services, or both, are available. Preference shall be given to
goods or services, or both, manufactured or provided by Michigan
businesses and associated subcontractors if they are competitively
priced and of comparable quality. In addition, preference shall be
given to goods or services, or both, that are manufactured or
provided by Michigan businesses owned and operated by veterans, if
they are competitively priced and of comparable quality.
Sec. 211. The director shall take all reasonable steps to
ensure businesses in deprived and depressed communities compete for
and perform contracts to provide services or supplies, or both. The
director shall strongly encourage firms with which the department
contracts to subcontract with certified businesses in depressed and
deprived communities for services, supplies, or both.
Sec. 212. The department shall not take disciplinary action
against an employee for communicating with a member of the
legislature or his or her staff.
Sec. 213. (1) Funds appropriated in part 1 shall not be used
by the department to promulgate a rule that will apply to a small
business and that will have a disproportionate economic impact on
small businesses because of the size of those businesses if the
department fails to reduce the disproportionate economic impact of
the rule on small businesses as provided under section 40 of the
administrative procedures act of 1969, 1969 PA 306, MCL 24.240.
(2) As used in this section:
(a) "Rule" means that term as defined under section 7 of the
administrative procedures act of 1969, 1969 PA 306, MCL 24.207.
(b) "Small business" means that term as defined under section
7a of the administrative procedures act of 1969, 1969 PA 306, MCL
24.207a.
Sec. 214. Funds appropriated in this part and part 1 shall not
be used by a principal executive department, state agency, or
authority to hire a person to provide legal services that are the
responsibility of the attorney general. This prohibition does not
apply to legal services for bonding activities and for those
activities that the attorney general authorizes.
Sec. 215. (1) In addition to the funds appropriated in part 1,
there is appropriated an amount not to exceed $30,000,000.00 for
federal contingency funds. These funds are not available for
expenditure until they have been transferred to another line item
in part 1 under section 393(2) of the management and budget act,
1984 PA 431, MCL 18.1393.
(2) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $5,000,000.00 for state
restricted contingency funds. These funds are not available for
expenditure until they have been transferred to another line item
in part 1 under section 393(2) of the management and budget act,
1984 PA 431, MCL 18.1393.
(3) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $100,000.00 for local
contingency funds. These funds are not available for expenditure
until they have been transferred to another line item in part 1
under section 393(2) of the management and budget act, 1984 PA 431,
MCL 18.1393.
(4) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $500,000.00 for private
contingency funds. These funds are not available for expenditure
until they have been transferred to another line item in part 1
under section 393(2) of the management and budget act, 1984 PA 431,
MCL 18.1393.
Sec. 216. (1) The department shall report all of the following
information relative to allocations made from appropriations for
the environmental cleanup and redevelopment program, state cleanup,
emergency actions, superfund cleanup, the revitalization revolving
loan program, the brownfield grants and loans program, the leaking
underground storage tank cleanup program, the contaminated lake and
river sediments cleanup program, the refined petroleum product
cleanup program, and the environmental protection bond projects
under section 19508(7) of the natural resources and environmental
protection act, 1994 PA 451, MCL 324.19508, to the state budget
director, the senate and house appropriations subcommittees on
environmental quality, and the senate and house fiscal agencies:
(a) The name and location of the site for which an allocation
is made.
(b) The nature of the problem encountered at the site.
(c) A brief description of how the problem will be resolved if
the allocation is made for a response activity.
(d) The estimated date that site closure activities will be
completed.
(e) The amount of the allocation, or the anticipated financing
for the site.
(f) A summary of the sites and the total amount of funds
expended at the sites at the conclusion of the fiscal year.
(g) The number of brownfield projects that were successfully
redeveloped.
(2) The report prepared under subsection (1) shall also
include all of the following:
(a) The status of all state-owned facilities that are on the
list compiled under part 201 of the natural resources and
environmental protection act, 1994 PA 451, MCL 324.20101 to
324.20142.
(b) The report shall include the total amount of funds
expended during the fiscal year and the total amount of funds
awaiting expenditure.
(c) The total amount of bonds issued for the environmental
protection bond program pursuant to part 193 of the natural
resources and environmental protection act, 1994 PA 451, MCL
324.19301 to 324.19306, and bonds issued pursuant to the clean
Michigan initiative act, 1998 PA 284, MCL 324.95101 to 324.95108.
(3) The report shall be made available by March 31 of each
year.
Sec. 217. (1) The department may expend amounts remaining from
the current and prior fiscal year appropriations to meet funding
needs of legislatively approved sites for the environmental cleanup
and redevelopment program, the refined petroleum product cleanup
program, brownfield grants and loans, waterfront grants, and the
environmental bond site reclamation program.
(2) Unexpended and unencumbered amounts remaining from
appropriations from the environmental protection bond fund
contained in 2003 PA 173, 2005 PA 109, 2006 PA 343, 2011 PA 63, and
2012 PA 236 are appropriated for expenditure for any site listed in
this part and part 1 and any site listed in the public acts
referenced in this section.
(3) Unexpended and unencumbered amounts remaining from
appropriations from the clean Michigan initiative fund - response
activities contained in 2000 PA 52, 2004 PA 309, 2005 PA 11, 2006
PA 343, 2007 PA 121, 2011 PA 63, 2013 PA 59, and 2014 PA 252 are
appropriated for expenditure for any site listed in this part and
part 1 and any site listed in the public acts referenced in this
section.
(4) Unexpended and unencumbered amounts remaining from
appropriations from the refined petroleum fund activities contained
in 2007 PA 121, 2008 PA 247, 2009 PA 118, 2010 PA 189, 2011 PA 63,
2012 PA 200, 2013 PA 59, and 2014 PA 252 are appropriated for
expenditure for any site listed in this part and part 1 and any
site listed in the public acts referenced in this section.
(5) Unexpended and unencumbered amounts remaining from the
appropriations from the strategic water quality initiatives fund
contained in 2011 PA 50, 2011 PA 63, 2012 PA 200, 2013 PA 59, and
2014 PA 252 are appropriated for expenditure for any site listed in
this part and part 1 and any site listed in the public acts
referenced in this section.
Sec. 219. Unexpended settlement revenues at the end of the
fiscal year may be carried forward into the settlement fund in the
succeeding fiscal year up to a maximum carryforward of
$2,500,000.00.
Sec. 221. Not later than November 30, the state budget office
shall prepare and transmit a report that provides for estimates of
the total general fund/general purpose appropriation lapses at the
close of the prior fiscal year. This report shall summarize the
projected year-end general fund/general purpose appropriation
lapses by major departmental program or program areas. The report
shall be transmitted to the chairpersons of the senate and house
appropriations committees and the senate and house fiscal agencies.
Sec. 222. Within 14 days after the release of the executive
budget recommendation, the department shall cooperate with the
state budget office to provide the senate and house appropriations
chairs, the senate and house appropriations subcommittee chairs,
and the senate and house fiscal agencies with an annual report on
estimated state restricted fund balances, state restricted fund
projected revenues, and state restricted fund expenditures for the
fiscal years ending September 30, 2015 and September 30, 2016.
Sec. 223. Part 1 provides authorizations to fund classified
positions during the fiscal year ending September 30, 2016. Line-
item appropriations include limitations on the number of payroll
hours to be funded, on the basis of 2,088 hours per each FTE
position. The department shall report the number of funded FTE
positions within 15 days after the effective date of this part. The
number of classified employees compensated through each line item
is limited by the authorized FTE positions indicated in part 1, as
adjusted for the number of reported funded FTE positions. The
report shall be provided to the house and senate appropriations
subcommittees on environmental quality and the house and senate
fiscal agencies.
Sec. 225. The department shall cooperate with the department
of technology, management, and budget to maintain a searchable
website accessible by the public at no cost that includes, but is
not limited to, all of the following for each department or agency:
(a) Fiscal year-to-date expenditures by category.
(b) Fiscal year-to-date expenditures by appropriation unit.
(c) Fiscal year-to-date payments to a selected vendor,
including the vendor name, payment date, payment amount, and
payment description.
(d) The number of active department employees by job
classification.
(e) Job specifications and wage rates.
Sec. 228. The department shall provide a report on the
customer satisfaction evaluation program and the feedback received
to the house and senate appropriations subcommittees on
environmental quality and the house and senate fiscal agencies by
July 1, 2016.
Sec. 229. The department shall provide a report on the
expedited permitting program to the house and senate appropriations
subcommittees on environmental quality and the house and senate
fiscal agencies by July 1, 2016.
Sec. 231. The department shall maintain, on a publicly
accessible website, a department scorecard that identifies, tracks,
and regularly updates key metrics that are used to monitor and
improve the agency's performance.
Sec. 234. Total authorized appropriations from all sources
under part 1 for legacy costs for the fiscal year ending September
30, 2016 are $32,415,600.00. From this amount, total agency
appropriations for pension-related legacy costs are estimated at
$18,399,000.00. Total agency appropriations for retiree health care
legacy costs are estimated at $14,016,600.00.
REMEDIATION DIVISION
Sec. 301. Revenues remaining in the interdepartmental
transfers, laboratory services at the end of the fiscal year shall
carry forward into the succeeding fiscal year.
Sec. 302. The unexpended funds appropriated in part 1 for
emergency cleanup actions, the environmental cleanup and
redevelopment program, and the refined petroleum product cleanup
program are considered work project appropriations and any
unencumbered or unallotted funds are carried forward into the
succeeding fiscal year. The following is in compliance with section
451a(1) of the management and budget act, 1984 PA 431, MCL
18.1451a:
(a) The purpose of the projects to be carried forward is to
provide contaminated site cleanup.
(b) The projects will be accomplished by contract.
(c) The total estimated cost of all projects is identified in
each line-item appropriation.
(d) The tentative completion date is September 30, 2020.
Sec. 303. Effective October 1, 2015, surplus funds not to
exceed $1,000,000.00 in the cleanup and redevelopment trust fund
are appropriated to the environmental protection fund created in
section 503a of the natural resources and environmental protection
act, 1994 PA 451, MCL 324.503a.
Sec. 304. Effective October 1, 2015, surplus funds not to
exceed $1,000,000.00 in the community pollution prevention fund
created in section 3f of 1976 IL 1, MCL 445.573f, are appropriated
to the environmental protection fund created in section 503a of the
natural resources and environmental protection act, 1994 PA 451,
MCL 324.503a.
Sec. 306. (1) The funds appropriated in part 1 for the refined
petroleum product cleanup program shall be used to fund cleanup
activities on the following sites:
Site Name County
Long Lake Super Market Alpena
11192 S M-43 Barry
Mel's Service Bay
American Laundry - Benton Harbor Berrien
Spencer's Cleaners Berrien
Baker Oil (W. Dickman) Calhoun
USA MiniMart in Sault Ste. Marie Chippewa
VanSloten Shell in Rudyard Chippewa
City of Davison-Mill St Genesee
Flint FD Fleet Admin Genesee
Flint Water Department Service Center Genesee
Howard Jameson A+H Racing Gladwin
Clark #1501 Jackson
1201 Wealthy Kent
1603 Diamond Kent
2555 Oak Industrial Drive Kent
501 Leonard Kent
857 Wealthy Kent
Market 103 Lapeer
Clark 1457 Adrian Lenawee
Blanchard Grocery Montcalm
(2) The department shall provide a report to the legislature
on the amount actually spent at each site listed in subsection (1)
and give a detailed account of the work actually performed at each
site.
Sec. 309. The unexpended funds appropriated in part 1 for the
brownfield grant 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 $1,500,000.00.
(d) The tentative completion date is September 30, 2020.
Sec. 310. (1) Upon approval by the state budget director, the
department may expend from the general fund of the state an amount
House Bill No. 4102 as amended April 28, 2015
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. 401. From funds appropriated in part 1, the department
shall conduct a study on the establishment of a statewide septic
code.
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, MCL 324.11701 to 324.11720, then the
department may spend funds appropriated in part 1 under the septage
waste compliance program in accordance with section 11716 of the
natural resources and environmental protection act, 1994 PA 451,
MCL 324.11716.
[Sec. 406. The department shall work with stakeholders to revise the groundwater discharge permit fee structure in section 3122 prior to September 30, 2016.]
AIR QUALITY DIVISION
Sec. 501. (1) From the increased funds appropriated in part 1
for the air quality program, the department shall increase the
funding available for compliance assistance, permitting,
inspections, monitoring, and enforcement of facilities that are
major sources of air pollution. The funding shall be used to assist
with assuring that this state meets national ambient air quality
standards and that this state is in compliance with the clean air
act, 42 USC 7401 to 7671q.
(2) From the funds appropriated in part 1 for the additional
air emission fee revenue enacted by the legislature for fiscal year
2015-2016, the department shall hire 1 FTE dedicated to oversight
of the air quality programs for the Upper Peninsula.
Sec. 502. The department shall not assess additional penalties
under part 55 of the natural resources and environmental protection
act, 1994 PA 451, MCL 324.5501 to 324.5542, for violations that
occurred under a previous owner unless compelled by a consent order
or judgment, or other legal requirement.
RESOURCE MANAGEMENT DIVISION
Sec. 603. From the funds appropriated in part 1, by December
31, 2015, the department shall compile and make available to the
public on a publicly accessible website a report containing a
summary document of each completed asset management plan for any
stormwater, asset management, or wastewater grant awarded to a
local unit of government to fund the development of a plan. As a
condition of receiving a stormwater, asset management, or
wastewater grant, a local unit of government shall make its asset
management plan available to the department upon request when
completed and shall retain copies of the plan that can be made
available to the public for a minimum of 15 years. The department
shall make available a summary document of each plan on a publicly
accessible website by September 30 of the year it was completed.
The summary document shall include a summary of the plan, the
plan's major identified assets, and contact information for the
local unit of government.
Sec. 604. Of the funds appropriated in part 1, if the balance
of revenue in the environmental pollution prevention fund is
anticipated to decline below anticipated spending levels at any
point during the fiscal year ending September 30, 2016,
appropriations other than the hazardous waste management program
appropriation shall be reduced.
UNDERGROUND STORAGE TANK AUTHORITY
Sec. 701. The unexpended funds appropriated in part 1 for the
underground storage tank 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
$20,000,000.00.
(d) The tentative completion date is September 30, 2020.
ARTICLE VIII
GENERAL GOVERNMENT
PART 1
LINE-ITEM APPROPRIATIONS
Sec. 101. There is appropriated for the legislature, the
executive, the department of attorney general, the department of
state, the department of treasury, the department of technology,
management, and budget, the department of civil service, the
department of civil rights, and certain state purposes related
thereto, for the fiscal year ending September 30, 2016, from the
following funds:
TOTAL GENERAL GOVERNMENT
APPROPRIATION SUMMARY
Full-time equated unclassified positions......... 44.0
Full-time equated classified positions........ 7,798.2
GROSS APPROPRIATION.................................... $ 4,651,210,800
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 742,192,600
ADJUSTED GROSS APPROPRIATION........................... $ 3,909,018,200
Federal revenues:
Total federal revenues................................. 688,424,100
Special revenue funds:
Total local revenues................................... 17,050,900
Total private revenues................................. 6,283,300
Total other state restricted revenues.................. 2,073,445,800
State general fund/general purpose..................... $ 1,123,814,100
Sec. 102. DEPARTMENT OF ATTORNEY GENERAL
(1) APPROPRIATION SUMMARY
Full-time equated unclassified positions.......... 6.0
Full-time equated classified positions.......... 518.5
GROSS APPROPRIATION.................................... $ 91,941,600
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 28,533,900
ADJUSTED GROSS APPROPRIATION........................... $ 63,407,700
Federal revenues:
Total federal revenues................................. 9,278,600
Special revenue funds:
Total local revenues................................... 0
Total private revenues................................. 0
Total other state restricted revenues.................. 17,281,700
State general fund/general purpose..................... $ 36,847,400
(2) ATTORNEY GENERAL OPERATIONS
Full-time equated unclassified positions.......... 6.0
Full-time equated classified positions.......... 518.5
Attorney general....................................... $ 112,500
Unclassified positions--5.0 FTE positions.............. 735,600
Attorney general operations--475.5 FTE positions....... 81,501,200
Child support enforcement--25.0 FTE positions.......... 3,434,300
Prosecuting attorneys coordinating council--12.0 FTE
positions............................................ 2,099,500
Public safety initiative--1.0 FTE position............. 904,100
Sexual assault law enforcement--5.0 FTE positions...... 1,700,000
GROSS APPROPRIATION.................................... $ 90,487,200
Appropriated from:
Interdepartmental grant revenues:
IDG from MDCH, health policy........................... 202,500
IDG from MDCH, medical services administration......... 676,400
IDG from MDCH, WIC..................................... 149,300
IDG from department of corrections..................... 646,400
IDG from MDE........................................... 583,000
IDG from MDEQ.......................................... 1,966,100
IDG from MDHS.......................................... 5,806,000
IDG from MDIFS, financial and insurance services....... 1,187,100
IDG from MSF, workforce development agency............. 87,700
IDG from MDLARA, fireworks safety fund................. 81,200
IDG from MDLARA, health professions.................... 2,972,600
IDG from MDLARA, licensing and regulation fees......... 328,500
IDG from MDLARA, Michigan occupational safety and
health administration................................ 105,400
IDG from MDLARA, remonumentation fees.................. 103,900
IDG from MDLARA, securities fees....................... 184,300
IDG from MDLARA, unlicensed builders................... 327,600
IDG from MDMVA......................................... 161,300
IDG from MDOS, children's protection registry.......... 44,100
IDG from MDOT, comprehensive transportation fund....... 200,100
IDG from MDOT, state aeronautics fund.................. 173,800
IDG from MDOT, state trunkline fund.................... 2,377,300
IDG from MDSP, Michigan justice training fund.......... 162,400
IDG from MDSP.......................................... 251,800
IDG from MDTMB......................................... 453,900
IDG from MDTMB, civil service commission............... 299,400
IDG from MDTMB, risk management revolving fund......... 1,437,000
IDG from Michigan state housing development authority.. 662,200
IDG from treasury...................................... 6,727,400
IDG from treasury, Michigan strategic fund............. 175,200
Federal revenues:
DAG, state administrative match grant/food stamps...... 134,000
Federal funds.......................................... 3,081,700
HHS, medical assistance, medigrant..................... 376,700
HHS-OS, state Medicaid fraud control units............. 5,567,300
National criminal history improvement program.......... 118,900
Special revenue funds:
Antitrust enforcement collections...................... 746,400
Attorney general's operations fund..................... 1,207,900
Auto repair facilities fees............................ 320,500
Franchise fees......................................... 374,300
Game and fish protection fund.......................... 735,100
Liquor purchase revolving fund......................... 1,428,300
Manufactured housing fees.............................. 245,300
Merit award trust fund................................. 485,200
Michigan employment security act - administrative fund. 2,193,700
Prisoner reimbursement................................. 611,900
Prosecuting attorneys training fees.................... 404,000
Public utility assessments............................. 2,033,100
Real estate enforcement fund........................... 98,600
Reinstatement fees..................................... 252,200
Retirement funds....................................... 1,020,000
Second injury fund..................................... 804,200
Self-insurers security fund............................ 559,100
Silicosis and dust disease fund........................ 220,800
State building authority revenue....................... 118,300
State casino gaming fund............................... 1,822,100
State lottery fund..................................... 337,800
Utility consumers fund................................. 764,200
Waterways fund......................................... 137,000
Worker's compensation administrative revolving fund.... 361,700
State general fund/general purpose..................... $ 35,393,000
(3) INFORMATION TECHNOLOGY
Information technology services and projects........... $ 1,454,400
GROSS APPROPRIATION.................................... $ 1,454,400
Appropriated from:
State general fund/general purpose..................... $ 1,454,400
Sec. 103. DEPARTMENT OF CIVIL RIGHTS
(1) APPROPRIATION SUMMARY
Full-time equated unclassified positions.......... 6.0
Full-time equated classified positions.......... 129.0
GROSS APPROPRIATION.................................... $ 16,128,700
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 286,700
ADJUSTED GROSS APPROPRIATION........................... $ 15,842,000
Federal revenues:
Total federal revenues................................. 2,721,700
Special revenue funds:
Total local revenues................................... 0
Total private revenues................................. 18,700
Total other state restricted revenues.................. 151,900
State general fund/general purpose..................... $ 12,949,700
(2) CIVIL RIGHTS OPERATIONS
Full-time equated unclassified positions.......... 6.0
Full-time equated classified positions.......... 129.0
Unclassified positions--6.0 FTE positions.............. $ 644,200
Civil rights operations--121.0 FTE positions........... 13,660,000
Division on deaf and hard of hearing--6.0 FTE
positions............................................ 784,300
Hispanic/Latino commission of Michigan--1.0 FTE
position............................................. 254,800
Asian Pacific American affairs commission--1.0 FTE
position............................................. 110,900
GROSS APPROPRIATION.................................... $ 15,454,200
Appropriated from:
Interdepartmental grant revenues:
IDG from DTMB.......................................... 286,700
Federal revenues:
EEOC, state and local antidiscrimination agency
contracts............................................ 1,192,300
HUD, grant............................................. 1,514,400
Special revenue funds:
Private revenues....................................... 18,700
Division on deafness fund.............................. 93,400
State restricted indirect funds........................ 58,500
State general fund/general purpose..................... $ 12,290,200
(3) INFORMATION TECHNOLOGY
Information technology services and projects........... $ 674,500
GROSS APPROPRIATION.................................... $ 674,500
Appropriated from:
Federal revenues:
EEOC, state and local antidiscrimination agency
contracts............................................ 15,000
State general fund/general purpose..................... $ 659,500
Sec. 104. EXECUTIVE OFFICE
(1) APPROPRIATION SUMMARY
Full-time equated unclassified positions......... 10.0
Full-time equated classified positions........... 78.2
GROSS APPROPRIATION.................................... $ 5,916,100
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 0
ADJUSTED GROSS APPROPRIATION........................... $ 5,916,100
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..................... $ 5,916,100
(2) EXECUTIVE OFFICE OPERATIONS
Full-time equated unclassified positions......... 10.0
Full-time equated classified positions........... 78.2
Governor............................................... $ 159,300
Lieutenant governor.................................... 111,600
Executive office--78.2 FTE positions................... 4,387,900
Unclassified positions--8.0 FTE positions.............. 1,257,300
GROSS APPROPRIATION.................................... $ 5,916,100
Appropriated from:
State general fund/general purpose..................... $ 5,916,100
Sec. 105. LEGISLATURE
(1) APPROPRIATION SUMMARY
GROSS APPROPRIATION.................................... $ 158,594,200
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 5,392,800
ADJUSTED GROSS APPROPRIATION........................... $ 153,201,400
Federal revenues:
Total federal revenues................................. 0
Special revenue funds:
Total local revenues................................... 0
Total private revenues................................. 400,000
Total other state restricted revenues.................. 6,179,600
State general fund/general purpose..................... $ 146,621,800
(2) LEGISLATURE
Senate................................................. $ 33,115,400
Senate automated data processing....................... 2,579,900
Senate fiscal agency................................... 3,687,600
House of representatives............................... 50,930,000
House automated data processing........................ 2,048,300
House fiscal agency.................................... 3,687,600
GROSS APPROPRIATION.................................... $ 96,048,800
Appropriated from:
State general fund/general purpose..................... $ 96,048,800
(3) LEGISLATIVE COUNCIL
Legislative council.................................... $ 11,343,300
Legislative service bureau automated data processing... 1,391,900
Worker's compensation.................................. 147,600
National association dues.............................. 443,700
Legislative corrections ombudsman...................... 711,500
GROSS APPROPRIATION.................................... $ 14,038,000
Appropriated from:
Special revenue funds:
Private - gifts and bequests revenues.................. 400,000
State general fund/general purpose..................... $ 13,638,000
(4) LEGISLATIVE RETIREMENT SYSTEM
General nonretirement expenses......................... $ 4,847,500
GROSS APPROPRIATION.................................... $ 4,847,500
Appropriated from:
Special revenue funds:
Court fees............................................. 1,132,000
State general fund/general purpose..................... $ 3,715,500
(5) PROPERTY MANAGEMENT
Cora Anderson building................................. $ 10,987,100
Farnum building and other properties................... 2,742,100
GROSS APPROPRIATION.................................... $ 13,729,200
Appropriated from:
State general fund/general purpose..................... $ 13,729,200
(6) STATE CAPITOL HISTORIC SITE
General operations..................................... $ 4,104,900
Restoration, renewal, and maintenance.................. 3,060,000
GROSS APPROPRIATION.................................... $ 7,164,900
Appropriated from:
Special revenue funds:
Capitol historic site fund............................. 3,060,000
State general fund/general purpose..................... $ 4,104,900
(7) OFFICE OF THE AUDITOR GENERAL
Unclassified positions................................. $ 329,400
Field operations....................................... 22,436,400
GROSS APPROPRIATION.................................... $ 22,765,800
Appropriated from:
Interdepartmental grant revenues:
IDG from MDOT, comprehensive transportation fund....... 38,200
IDG from MDOT, Michigan transportation fund............ 309,600
IDG from MDOT, state aeronautics fund.................. 29,700
IDG from MDOT, state trunkline fund.................... 719,100
IDG, single audit act.................................. 2,856,000
IDG, commercial mobile radio system emergency
telephone fund....................................... 36,100
IDG, contract audit administration fees................ 40,600
IDG, deferred compensation funds....................... 53,300
IDG, Michigan finance authority........................ 324,300
IDG, Michigan economic development corporation......... 94,400
IDG, Michigan education trust fund..................... 69,400
IDG, Michigan justice training commission fund......... 40,100
IDG, Michigan strategic fund........................... 165,800
IDG, office of retirement services..................... 214,100
IDG, other restricted funding sources.................. 372,100
IDG from department of human services.................. 30,000
Special revenue funds:
21st century jobs trust fund........................... 94,400
Brownfield development fund............................ 27,600
Clean Michigan initiative implementation bond fund..... 53,400
Game and fish protection fund.......................... 30,700
Legislative retirement system.......................... 28,600
MDTMB, civil service commission........................ 162,900
MDLARA, liquor purchase revolving fund................. 28,100
Michigan state housing development authority fees...... 111,300
Michigan veterans' trust fund.......................... 34,800
Motor transport revolving fund......................... 7,300
Office services revolving fund......................... 9,800
State disbursement unit, office of child support....... 56,300
State services fee fund................................ 1,331,300
Waterways fund......................................... 11,100
State general fund/general purpose..................... $ 15,385,400
Sec. 106. DEPARTMENT OF STATE
(1) APPROPRIATION SUMMARY
Full-time equated unclassified positions.......... 6.0
Full-time equated classified positions........ 1,587.0
GROSS APPROPRIATION.................................... $ 225,256,700
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 20,000,000
ADJUSTED GROSS APPROPRIATION........................... $ 205,256,700
Federal revenues:
Total federal revenues................................. 1,460,000
Special revenue funds:
Total local revenues................................... 0
Total private revenues................................. 100
Total other state restricted revenues.................. 186,635,100
State general fund/general purpose..................... $ 17,161,500
(2) EXECUTIVE DIRECTION
Full-time equated unclassified positions.......... 6.0
Full-time equated classified positions........... 30.0
Secretary of state..................................... $ 112,500
Unclassified positions--5.0 FTE positions.............. 613,500
Operations--30.0 FTE positions......................... 4,547,100
GROSS APPROPRIATION.................................... $ 5,273,100
Appropriated from:
Special revenue funds:
Auto repair facilities fees............................ 68,700
Children's protection registry fund.................... 270,700
Driver fees............................................ 276,000
Enhanced driver license and enhanced official state
personal identification card fund.................... 211,400
Expedient service fees................................. 66,300
Parking ticket court fines............................. 9,200
Personal identification card fees...................... 32,100
Reinstatement fees - operator licenses................. 248,900
Transportation administration collection fund.......... 2,488,800
Vehicle theft prevention fees.......................... 40,400
State general fund/general purpose..................... $ 1,560,600
(3) DEPARTMENT SERVICES
Full-time equated classified positions.......... 156.0
Operations--156.0 FTE positions........................ $ 29,562,200
GROSS APPROPRIATION.................................... $ 29,562,200
Appropriated from:
Special revenue funds:
Abandoned vehicle fees................................. 481,100
Auto repair facilities fees............................ 1,605,800
Driver fees............................................ 1,575,900
Driver improvement course fund......................... 308,600
Enhanced driver license and enhanced official state
personal identification card fund.................... 545,200
Expedient service fees................................. 273,600
Marine safety fund..................................... 84,200
Personal identification card fees...................... 191,300
Reinstatement fees - operator licenses................. 1,287,700
Scrap tire fund........................................ 77,200
Transportation administration collection fund.......... 21,437,500
Vehicle theft prevention fees.......................... 628,800
State general fund/general purpose..................... $ 1,065,300
(4) LEGAL SERVICES
Full-time equated classified positions........... 39.0
Operations--39.0 FTE positions......................... $ 8,983,000
GROSS APPROPRIATION.................................... $ 8,983,000
Appropriated from:
Special revenue funds:
Auto repair facilities fees............................ 1,444,200
Driver education provider and instructor fund.......... 25,400
Driver fees............................................ 931,700
Driver responsibility fees............................. 1,000,000
Enhanced driver license and enhanced official state
personal identification card fund.................... 90,500
Personal identification card fees...................... 60,800
Reinstatement fees - operator licenses................. 713,900
Transportation administration collection fund.......... 4,240,900
Vehicle theft prevention fees.......................... 463,800
State general fund/general purpose..................... $ 11,800
(5) CUSTOMER DELIVERY SERVICES
Full-time equated classified positions........ 1,317.0
Branch operations--922.0 FTE positions................. $ 83,462,100
Central operations--376.0 FTE positions................ 47,916,300
Commemorative license plates--14.0 FTE positions....... 1,897,300
Motorcycle safety education administration--2.0 FTE
positions............................................ 329,200
Motorcycle safety education grants..................... 1,800,000
Credit and debit assessment services................... 6,000,000
Specialty license plates--3.0 FTE positions............ 750,000
Organ donor program.................................... 129,100
GROSS APPROPRIATION.................................... $ 142,284,000
Appropriated from:
Interdepartmental grant revenues:
IDG from MDOT, Michigan transportation fund............ 20,000,000
Federal revenues:
Federal funds.......................................... 1,460,000
Special revenue funds:
Private funds.......................................... 100
Abandoned vehicle fees................................. 204,500
Auto repair facilities fees............................ 1,731,600
Child support clearance fees........................... 363,600
Credit and debit assessment service fee revenue........ 6,000,000
Driver education provider and instructor fund.......... 49,600
Driver fees............................................ 25,772,300
Driver improvement course fund......................... 1,246,200
Enhanced driver license and enhanced official state
personal identification card fund.................... 7,679,100
Expedient service fees................................. 2,603,600
Marine safety fund..................................... 1,392,300
Michigan state police auto theft fund.................. 123,700
Mobile home commission fees............................ 507,500
Motorcycle safety fund................................. 1,829,200
Off-road vehicle title fees............................ 167,000
Parking ticket court fines............................. 1,629,800
Personal identification card fees...................... 2,274,700
Recreation passport fee revenue........................ 1,000,000
Reinstatement fees - operator licenses................. 2,358,000
Snowmobile registration fee revenue.................... 390,000
Thomas Daley gift of life fund......................... 50,000
Transportation administration collection fund.......... 59,296,800
Vehicle theft prevention fees.......................... 742,200
State general fund/general purpose..................... $ 3,412,200
(6) ELECTION REGULATION
Full-time equated classified positions........... 45.0
Election administration and services--45.0 FTE
positions............................................ $ 7,062,100
County clerk education and training fund............... 100,000
Fees to local units.................................... 109,800
Election machine upgrades.............................. 100
GROSS APPROPRIATION.................................... $ 7,272,000
Appropriated from:
Special revenue funds:
Notary education and training fund..................... 100,000
Notary fee fund........................................ 343,500
State general fund/general purpose..................... $ 6,828,500
(7) DEPARTMENTWIDE APPROPRIATIONS
Building occupancy charges/rent........................ $ 9,540,700
Worker's compensation.................................. 396,400
GROSS APPROPRIATION.................................... $ 9,937,100
Appropriated from:
Special revenue funds:
Auto repair facilities fees............................ 133,200
Driver fees............................................ 727,400
Enhanced driver license and enhanced official state
personal identification card fund.................... 26,000
Parking ticket court fines............................. 441,500
Transportation administration collection fund.......... 5,890,500
State general fund/general purpose..................... $ 2,718,500
(8) INFORMATION TECHNOLOGY
Information technology services and projects........... $ 21,945,300
GROSS APPROPRIATION.................................... $ 21,945,300
Appropriated from:
Special revenue funds:
Administrative order processing fee.................... 11,700
Auto repair facilities fees............................ 190,000
Driver fees............................................ 787,400
Enhanced driver license and enhanced official state
personal identification card fund.................... 269,500
Expedient service fees................................. 1,085,100
Parking ticket court fines............................. 87,600
Personal identification card fees...................... 171,700
Reinstatement fees - operator licenses................. 592,300
Transportation administration collection fund.......... 17,004,400
Vehicle theft prevention fees.......................... 181,000
State general fund/general purpose..................... $ 1,564,600
Sec. 107. DEPARTMENT OF TECHNOLOGY, MANAGEMENT, AND
BUDGET
(1) APPROPRIATION SUMMARY
Full-time equated unclassified positions.......... 6.0
Full-time equated classified positions........ 2,828.0
GROSS APPROPRIATION.................................... $ 1,256,406,300
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 678,478,500
ADJUSTED GROSS APPROPRIATION........................... $ 577,927,800
Federal revenues:
Total federal revenues................................. 7,997,300
Special revenue funds:
Total local revenues................................... 3,587,700
Total private revenues................................. 190,100
Total other state restricted revenues.................. 95,771,900
State general fund/general purpose..................... $ 470,380,800
(2) EXECUTIVE DIRECTION
Full-time equated unclassified positions.......... 6.0
Full-time equated classified positions........... 12.0
Unclassified positions--6.0 FTE positions.............. $ 837,000
Executive operations--12.0 FTE positions............... 2,316,500
GROSS APPROPRIATION.................................... $ 3,153,500
Appropriated from:
Interdepartmental grant revenues:
IDG from building occupancy and parking charges........ 218,900
IDG from technology user fees.......................... 1,965,500
Special revenue funds:
Special revenue, internal service, and pension trust
funds................................................ 292,900
State general fund/general purpose..................... $ 676,200
(3) DEPARTMENT SERVICES
Full-time equated classified positions.......... 714.5
Administrative services--132.5 FTE positions........... $ 17,570,900
Budget and financial management--135.0 FTE positions... 17,620,800
Office of the state employer--23.0 FTE positions....... 3,362,400
Design and construction services--40.0 FTE positions... 6,375,600
Business support services--97.0 FTE positions.......... 11,276,700
Building operation services--210.0 FTE positions....... 91,946,300
Building occupancy charges, rent, and utilities........ 7,627,000
Motor vehicle fleet--35.0 FTE positions................ 74,181,300
Information technology services and projects........... 29,613,800
Bureau of labor market information and strategies--
42.0 FTE positions................................... 5,376,400
GROSS APPROPRIATION.................................... $ 264,951,200
Appropriated from:
Interdepartmental grant revenues:
IDG from accounting service centers user charges....... 2,671,400
IDG from building occupancy and parking charges........ 94,034,600
IDG from MDLARA........................................ 100,000
IDG from motor transport fund.......................... 74,181,300
IDG from MDCH.......................................... 481,900
IDG from MDHS.......................................... 212,600
IDG from user fees..................................... 6,695,100
IDG from technology user fees.......................... 7,429,200
Federal revenues:
Federal funds.......................................... 4,934,700
Special revenue funds:
Local - MPSCS subscriber and maintenance fees.......... 60,100
Deferred compensation.................................. 2,600
Health management funds................................ 2,219,200
MAIN user charges...................................... 4,434,900
Pension trust funds.................................... 7,413,800
Special revenue, internal service, and pension trust
funds................................................ 17,115,100
State restricted indirect funds........................ 3,392,200
State general fund/general purpose..................... $ 39,572,500
(4) TECHNOLOGY SERVICES
Full-time equated classified positions........ 1,479.5
Education services--29.0 FTE positions................. $ 4,100,200
Health and human services--617.5 FTE positions......... 282,038,800
Public protection--154.5 FTE positions................. 51,772,600
Resources services--146.5 FTE positions................ 19,694,900
Transportation services--89.5 FTE positions............ 30,831,400
General services--329.5 FTE positions.................. 93,717,000
Enterprisewide information technology investment
projects............................................. 12,300,000
General government and public safety information
technology investment projects....................... 30,850,000
Health and human services information technology
investment projects.................................. 6,500,000
MAIN system replacement information technology
investment project................................... 18,350,000
Homeland security initiative/cyber security--13.0 FTE
positions............................................ 9,063,500
Michigan public safety communication system--100.0 FTE
positions............................................ 39,842,400
GROSS APPROPRIATION.................................... $ 599,060,800
Appropriated from:
Interdepartmental grant revenues:
IDG from technology user fees.......................... 482,154,900
Special revenue funds:
Local - MPSCS subscriber and maintenance fees.......... 2,209,900
State general fund/general purpose..................... $ 114,696,000
(5) STATEWIDE APPROPRIATIONS
Professional development fund - MPE, SEIU, scientific
and engineering unit................................. $ 150,000
Professional development fund - NERE................... 250,000
Professional development fund - UAW.................... 702,600
GROSS APPROPRIATION.................................... $ 1,102,600
Appropriated from:
Interdepartmental grant revenues:
IDG from employer contributions........................ 1,102,600
State general fund/general purpose..................... $ 0
(6) SPECIAL PROGRAMS
Full-time equated classified positions.......... 176.0
Building occupancy charges - property management
services for executive/legislative building
occupancy............................................ $ 1,096,700
Retirement services--162.0 FTE positions............... 27,209,000
Office of children's ombudsman--14.0 FTE positions..... 1,767,300
Public private partnership............................. 1,500,000
Regional prosperity grants............................. 2,500,000
GROSS APPROPRIATION.................................... $ 34,073,000
Appropriated from:
Special revenue funds:
Deferred compensation.................................. 2,800,000
Pension trust funds.................................... 19,164,200
Public private partnership investment fund............. 1,500,000
State general fund/general purpose..................... $ 10,608,800
(7) STATE BUILDING AUTHORITY RENT
State building authority rent - state agencies......... $ 52,265,800
State building authority rent - department of
corrections.......................................... 36,829,900
State building authority rent - universities........... 135,995,300
State building authority rent - community colleges..... 29,479,600
GROSS APPROPRIATION.................................... $ 254,570,600
Appropriated from:
State general fund/general purpose..................... $ 254,570,600
(8) CIVIL SERVICE COMMISSION
Full-time equated classified positions.......... 446.0
Agency services--74.0 FTE positions.................... $ 11,975,900
Executive direction--40.0 FTE positions................ 9,778,700
Employee benefits--16.0 FTE positions.................. 5,667,300
Training............................................... 1,300,000
Human resources operations--316.0 FTE positions........ 35,878,600
Information technology services and projects........... 3,293,600
GROSS APPROPRIATION.................................... $ 67,894,100
Appropriated from:
Interdepartmental grant revenues:
IDG, training charges.................................. 1,300,000
IDG, 1% special funds.................................. 3,330,500
Federal revenues:
Federal funds 1%....................................... 3,062,600
Special revenue funds:
Local funds 1%......................................... 1,317,700
Private funds 1%....................................... 190,100
State restricted funds 1%.............................. 21,197,900
State restricted indirect funds........................ 7,681,300
State sponsored group insurance........................ 2,737,200
State sponsored group insurance, flexible spending
accounts, and COBRA.................................. 5,820,600
State general fund/general purpose..................... $ 21,256,200
(9) CAPITAL OUTLAY
Major special maintenance, remodeling, and addition
for state agencies................................... $ 2,000,000
Enterprisewide special maintenance for state
facilities........................................... 28,000,000
GROSS APPROPRIATION.................................... $ 30,000,000
Appropriated from:
Interdepartmental grant revenues:
IDG from building occupancy charges.................... 2,000,000
State general fund/general purpose..................... $ 28,000,000
(10) ONE-TIME BASIS ONLY APPROPRIATIONS
Technology services funding............................ $ 600,000
Legal services......................................... 1,000,500
GROSS APPROPRIATION.................................... $ 1,600,500
Appropriated from:
Interdepartmental grant revenues:
IDG from technology user fees.......................... 600,000
State general fund/general purpose..................... $ 1,000,500
Sec. 108. DEPARTMENT OF TREASURY
(1) APPROPRIATION SUMMARY
Full-time equated unclassified positions......... 10.0
Full-time equated classified positions........ 2,657.5
GROSS APPROPRIATION.................................... $ 2,896,967,200
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 9,500,700
ADJUSTED GROSS APPROPRIATION........................... $ 2,887,466,500
Federal revenues:
Total federal revenues................................. 666,966,500
Special revenue funds:
Total local revenues................................... 13,463,200
Total private revenues................................. 5,674,400
Total other state restricted revenues.................. 1,767,425,600
State general fund/general purpose..................... $ 433,936,800
(2) EXECUTIVE DIRECTION
Full-time equated unclassified positions......... 10.0
Full-time equated classified positions........... 24.0
Unclassified positions--10.0 FTE positions............. $ 1,116,000
Executive direction and operations--24.0 FTE positions. 4,978,100
GROSS APPROPRIATION.................................... $ 6,094,100
Appropriated from:
Federal revenues:
DED-OPSE, federal lenders allowance.................... 20,000
DED-OPSE, higher education act of 1965 insured loans... 45,000
Special revenue funds:
Delinquent tax collection revenue...................... 1,318,200
Michigan state housing development authority fees and
charges.............................................. 259,000
State lottery fund..................................... 282,500
State services fee fund................................ 321,000
State general fund/general purpose..................... $ 3,848,400
(3) DEPARTMENTWIDE APPROPRIATIONS
Rent and building occupancy charges - property
management services.................................. $ 5,937,600
Worker's compensation insurance premium................ 36,500
GROSS APPROPRIATION.................................... $ 5,974,100
Appropriated from:
Special revenue funds:
Delinquent tax collection revenue...................... 2,848,200
State general fund/general purpose..................... $ 3,125,900
(4) LOCAL GOVERNMENT PROGRAMS
Full-time equated classified positions.......... 113.0
Supervision of the general property tax law--88.0 FTE
positions............................................ $ 15,149,500
Property tax assessor training--4.0 FTE positions...... 1,031,100
Local finance--21.0 FTE positions...................... 2,565,100
GROSS APPROPRIATION.................................... $ 18,745,700
Appropriated from:
Special revenue funds:
Local - assessor training fees......................... 1,031,100
Local - audit charges.................................. 808,600
Local - equalization study charge-backs................ 40,000
Local - revenue from local government.................. 100,000
Land reutilization fund................................ 1,996,200
Municipal finance fees................................. 533,600
Delinquent tax collection revenue...................... 1,493,200
State general fund/general purpose..................... $ 12,743,000
(5) TAX PROGRAMS
Full-time equated classified positions.......... 793.0
Tax compliance--345.0 FTE positions.................... $ 44,826,700
Tax and economic policy--85.0 FTE positions............ 13,442,900
Tax processing--335.0 FTE positions.................... 36,880,300
Health insurance claims fund program--15.0 FTE
positions............................................ 2,029,200
Home heating assistance................................ 3,019,000
Bottle act implementation.............................. 250,000
Tobacco tax enforcement--13.0 FTE positions............ 1,475,600
GROSS APPROPRIATION.................................... $ 101,923,700
Appropriated from:
Interdepartmental grant revenues:
IDG from MDOT, Michigan transportation fund............ 2,300,000
IDG from MDOT, state aeronautics fund.................. 70,900
Federal revenues:
HHS-SSA, low-income energy assistance.................. 3,019,000
Special revenue funds:
Bottle deposit fund.................................... 250,000
Delinquent tax collection revenue...................... 70,135,700
Emergency 911 fund..................................... 155,600
Health insurance claims fund........................... 2,029,200
Tobacco tax revenue.................................... 4,023,100
Waterways fund......................................... 105,000
State general fund/general purpose..................... $ 19,835,200
(6) FINANCIAL AND ADMINISTRATIVE SERVICES
Full-time equated classified positions.......... 383.0
Departmental services--89.0 FTE positions.............. $ 9,015,800
Unclaimed property--29.0 FTE positions................. 4,765,800
Office of collections--203.0 FTE positions............. 26,084,500
Office of accounting services--24.0 FTE positions...... 2,434,800
Office of financial services--38.0 FTE positions....... 4,386,300
GROSS APPROPRIATION.................................... $ 46,687,200
Appropriated from:
Interdepartmental grant revenues:
IDG, levy/warrant cost assessment fees................. 2,000,000
IDG, state agency collection fees...................... 2,946,900
IDG from MDHS, title IV-D.............................. 763,900
IDG data/collection service fees....................... 330,300
IDG from accounting service center user charges........ 482,900
Special revenue funds:
Delinquent tax collection revenue...................... 26,990,700
Escheats revenue....................................... 4,765,800
Justice system fund.................................... 418,300
Garnishment fees....................................... 2,484,000
State restricted indirect funds........................ 272,200
Treasury fees.......................................... 46,100
State general fund/general purpose..................... $ 5,186,100
(7) FINANCIAL PROGRAMS
Full-time equated classified positions.......... 210.5
Investments--82.0 FTE positions........................ $ 20,270,400
Common cash and debt management--21.5 FTE positions.... 1,629,300
Student financial assistance programs--25.5 FTE
positions............................................ 2,687,100
Michigan finance authority - bond finance--72.5 FTE
positions............................................ 38,686,200
John R. Justice grant program.......................... 287,700
Dual enrollment payments............................... 1,005,100
Financial independence team--9.0 FTE positions......... 2,244,100
GROSS APPROPRIATION.................................... $ 66,809,900
Appropriated from:
Interdepartmental grant revenues:
IDG, fiscal agent service fees......................... 205,800
Federal revenues:
DED-OPSE, federal lenders allowance.................... 10,615,200
DED-OPSE, higher education act of 1965, insured loans.. 25,055,800
Federal - John R. Justice grant........................ 287,700
Special revenue funds:
Defined contribution administrative fee revenue........ 100,000
Michigan finance authority bond and loan program
revenue.............................................. 3,015,200
Michigan merit award trust fund........................ 1,139,800
Retirement funds....................................... 18,717,000
School bond fees....................................... 835,400
Treasury fees.......................................... 1,665,000
State general fund/general purpose..................... $ 5,173,000
(8) DEBT SERVICE
Quality of life bond................................... $ 75,959,000
Clean Michigan initiative.............................. 63,961,000
Great Lakes water quality bond......................... 16,529,000
GROSS APPROPRIATION.................................... $ 156,449,000
Appropriated from:
State general fund/general purpose..................... $ 156,449,000
(9) GRANTS
Convention facility development distribution........... $ 90,950,000
Senior citizen cooperative housing tax exemption
program.............................................. 10,020,000
Emergency 911 payments................................. 27,000,000
Health and safety fund grants.......................... 9,000,000
Facility for rare isotope beams........................ 7,300,000
Urban search and rescue task force..................... 300,000
Charles H. Wright Museum of African American History... 100
City of Wayne recreation grant......................... 100
Dexter Elmhurst community center....................... 100
Wayne County Community College career technical
education program.................................... 100
GROSS APPROPRIATION.................................... $ 144,570,400
Appropriated from:
Special revenue funds:
Emergency 911 fund..................................... 27,000,000
Convention facility development fund................... 90,950,000
Health and safety fund................................. 9,000,000
State general fund/general purpose..................... $ 17,620,400
(10) BUREAU OF STATE LOTTERY
Full-time equated classified positions.......... 183.0
Lottery operations--183.0 FTE positions................ $ 24,323,400
Promotion and advertising.............................. 18,622,000
Lottery information technology services and projects... 5,205,500
GROSS APPROPRIATION.................................... $ 48,150,900
Appropriated from:
Special revenue funds:
State lottery fund..................................... 48,150,900
State general fund/general purpose..................... $ 0
(11) CASINO GAMING
Full-time equated classified positions.......... 141.0
Michigan gaming control board.......................... $ 50,000
Casino gaming control operations--131.0 FTE positions.. 25,750,800
Casino gaming information technology services and
projects............................................. 1,979,500
Racing commission--10.0 FTE positions.................. 2,347,400
GROSS APPROPRIATION.................................... $ 30,127,700
Appropriated from:
Special revenue funds:
Casino gambling agreements............................. 804,100
Equine development fund................................ 2,470,100
Laboratory fees........................................ 700,000
State services fee fund................................ 26,153,500
State general fund/general purpose..................... $ 0
(12) PAYMENTS IN LIEU OF TAXES
Commercial forest reserve.............................. $ 3,207,700
Purchased lands........................................ 8,023,900
Swamp and tax reverted lands........................... 14,862,500
GROSS APPROPRIATION.................................... $ 26,094,100
Appropriated from:
Special revenue funds:
Private funds.......................................... 25,400
Game and fish protection fund.......................... 2,780,700
Michigan natural resources trust fund.................. 1,909,100
Michigan state waterways fund.......................... 241,100
State general fund/general purpose..................... $ 21,137,800
(13) MICHIGAN STRATEGIC FUND
Full-time equated classified positions.......... 403.0
Administrative services--22.0 FTE positions............ $ 3,124,700
Job creation services--139.0 FTE positions............. 18,971,400
Pure Michigan.......................................... 29,000,000
Entrepreneurship eco-system............................ 25,000,000
Business attraction and community revitalization....... 111,100,000
Community ventures--7.0 FTE positions.................. 9,800,000
Community development block grants..................... 47,000,000
Arts and cultural program.............................. 10,150,000
Michigan film office--6.0 FTE positions................ 653,800
Community college skilled trades equipment program..... 4,600,000
Skilled trades training program........................ 10,000,000
Special programs....................................... 1,000,000
Energy programs........................................ 3,610,900
Workforce program administration--229.0 FTE positions.. 33,688,600
Workforce development programs......................... 391,473,900
Workforce development agency rent and property
management........................................... 870,500
Information technology services and projects........... 921,700
GED-to-school program.................................. 100
GROSS APPROPRIATION.................................... $ 700,965,600
Appropriated from:
Federal revenues:
DAG, employment and training........................... 3,499,400
DED-OESE, GEAR-UP...................................... 4,730,700
DED-OVAE, adult education.............................. 20,000,000
DED-OVAE, basic grants to states....................... 19,000,000
DOE-OEERE, multiple grants............................. 3,794,500
DOL, federal funds..................................... 112,769,500
DOL-ETA, workforce investment act...................... 173,988,600
Federal funds.......................................... 5,940,200
HUD-CPD, community development block grants............ 49,773,300
NFAH-NEA, promotion of the arts, partnership
agreements........................................... 1,050,000
Social security act, temporary assistance for needy
families............................................. 64,898,800
Special revenue funds:
Local revenues......................................... 4,433,500
Private - special project advances..................... 250,000
Private - Michigan council for the arts fund........... 100,000
Private funds.......................................... 5,269,000
Private - oil overcharge............................... 30,000
Defaulted loan collection fees......................... 149,800
Industry support fees.................................. 5,500
21st century jobs trust fund........................... 75,000,000
Michigan film promotion fund........................... 653,800
Public utility assessments............................. 871,900
State general fund/general purpose..................... $ 154,757,100
(14) REVENUE SHARING
Constitutional state general revenue sharing grants.... $ 788,497,000
County revenue sharing payments........................ 171,760,000
County incentive program............................... 42,940,000
City, village, and township revenue sharing............ 243,040,000
Financially distressed cities, villages, or townships.. 5,000,000
GROSS APPROPRIATION.................................... $ 1,251,237,000
Appropriated from:
Special revenue funds:
Sales tax.............................................. 1,251,237,000
State general fund/general purpose..................... $ 0
(15) MICHIGAN STRATEGIC FUND - MICHIGAN STATE
HOUSING DEVELOPMENT AUTHORITY
Full-time equated classified positions.......... 353.0
Payments on behalf of tenants.......................... $ 166,860,000
Housing and rental assistance--347.0 FTE positions..... 57,897,100
Land bank fast track authority--6.0 FTE positions...... 5,247,800
Lighthouse preservation program........................ 307,500
Rent and administrative support........................ 3,847,900
Michigan state housing development authority
technology services and projects..................... 3,556,700
GROSS APPROPRIATION.................................... $ 237,717,000
Appropriated from:
Federal revenues:
Federal funds.......................................... 1,000,000
HUD, lower income housing assistance................... 166,860,000
Special revenue funds:
Michigan state housing development authority fees and
charges.............................................. 65,301,700
Michigan lighthouse preservation fund.................. 307,500
Land bank fast track act............................... 297,800
State general fund/general purpose..................... $ 3,950,000
(16) STATE BUILDING AUTHORITY
Full-time equated classified positions............ 4.0
State building authority--4.0 FTE positions............ $ 711,100
GROSS APPROPRIATION.................................... $ 711,100
Appropriated from:
Special revenue funds:
State building authority revenue....................... 711,100
State general fund/general purpose..................... $ 0
(17) CITY INCOME TAX ADMINISTRATION PROGRAM
Full-time equated classified positions........... 50.0
City income tax administration program--50.0 FTE
positions............................................ $ 5,850,000
GROSS APPROPRIATION.................................... $ 5,850,000
Appropriated from:
Special revenue funds:
Local - city income tax fund........................... 5,850,000
State general fund/general purpose..................... $ 0
(18) INFORMATION TECHNOLOGY
Treasury operations information technology services
and projects......................................... $ 28,959,700
GROSS APPROPRIATION.................................... $ 28,959,700
Appropriated from:
Interdepartmental grant revenues:
IDG from MDOT, Michigan transportation fund............ 400,000
Federal revenues:
DED-OPSE, federal lender allowance..................... 618,800
Special revenue funds:
Local - city income tax fund........................... 1,200,000
Delinquent tax collection revenue...................... 15,644,900
Retirement funds....................................... 757,600
Tobacco tax revenue.................................... 127,500
State general fund/general purpose..................... $ 10,210,900
(19) ONE-TIME APPROPRIATIONS
Personal property tax payments......................... $ 19,300,000
Treasury online - treasury business portal............. 600,000
GROSS APPROPRIATION.................................... $ 19,900,000
Appropriated from:
State general fund/general purpose..................... $ 19,900,000
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
FOR FISCAL YEAR 2015-2016
GENERAL SECTIONS
Sec. 201. (1) Pursuant to section 30 of article IX of the
state constitution of 1963, total state spending from state
resources under part 1 for fiscal year 2015-2016 is
$3,197,259,900.00 and state spending from state resources to be
paid to local units of government for fiscal year 2015-2016 is
$1,462,891,200.00. The itemized statement below identifies
appropriations from which spending to local units of government
will occur:
DEPARTMENT OF STATE
Fees to local units.................................... $ 109,800
Motorcycle safety grants............................... 1,162,300
Subtotal............................................... $ 1,272,100
DEPARTMENT OF TREASURY
Senior citizen cooperative housing tax exemption....... $ 10,020,000
Health and safety fund grants.......................... 9,000,000
Constitutional state general revenue sharing grants.... 788,497,000
City, village, and township revenue sharing............ 243,040,000
Convention facility development fund distribution...... 90,950,000
Emergency 911 payments................................. 27,000,000
Financially distressed cities, villages, or townships.. 5,000,000
County incentive program............................... 42,940,000
County revenue sharing payments........................ 171,760,000
Airport parking distribution pursuant to section 909... 19,093,200
Payments in lieu of taxes.............................. 26,094,100
Personal property tax reform........................... 19,300,000
Welfare-to-work programs............................... 11,224,800
Subtotal............................................... $ 1,461,619,100
TOTAL GENERAL GOVERNMENT............................... $ 1,462,891,200
(2) Pursuant to section 30 of article IX of the state
constitution of 1963, total state spending from state sources for
fiscal year 2015-2016 is estimated at $29,982,030,700.00 in the
2015-2016 appropriations acts and total state spending from state
sources paid to local units of government for fiscal year 2015-2016
is estimated at $16,681,274,400.00. The state-local proportion is
estimated at 55.6% of total state spending from state resources.
(3) If payments to local units of government and state
spending from state sources for fiscal year 2015-2016 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
2015-2016 to the senate and house of representatives standing
committees on appropriations within 30 days after the final book-
closing for fiscal year 2015-2016.
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) "AFSCME" means American Federation of State, County, and
Municipal Employees.
(b) "ATM" means automated teller machine.
(c) "COBRA" means the consolidated omnibus budget
reconciliation act of 1985, Public Law 99-272, 100 Stat 82.
(d) "DAG" means the United States Department of Agriculture.
(e) "DED" means the United States Department of Education.
(f) "DED-OESE" means the DED Office of Elementary and
Secondary Education.
(g) "DED-OPSE" means the DED Office of Postsecondary
Education.
(h) "DED-OVAE" means the DED Office of Vocational and Adult
Education.
(i) "DOE-OEERE" means the United States Department of Energy,
Office of Energy Efficiency and Renewable Energy.
(j) "DOL-ETA" means the United States Department of Labor,
Employment and Training Administration.
(k) "EEOC" means the United States Equal Employment
Opportunity Commission.
(l) "EPA" means the United States Environmental Protection
Agency.
(m) "FTE" means full-time equated.
(n) "Fund" means the Michigan strategic fund.
(o) "GEAR-UP" means gaining early awareness and readiness for
undergraduate programs.
(p) "GED" means a general educational development certificate.
(q) "GF/GP" means general fund/general purpose.
(r) "HAVA" means help America vote act.
(s) "HHS" means the United States Department of Health and
Human Services.
(t) "HHS-OS" means the HHS Office of the Secretary.
(u) "HHS-SSA" means the HHS Social Security Administration.
(v) "HUD" means the United States Department of Housing and
Urban Development.
(w) "HUD-CPD" means the United States Department of Housing
and Urban Development - community planning and development.
(x) "IDG" means interdepartmental grant.
(y) "JCOS" means the joint capital outlay subcommittee.
(z) "MAIN" means the Michigan administrative information
network.
(aa) "MCL" means the Michigan Compiled Laws.
(bb) "MDCH" means the Michigan department of community health.
(cc) "MDE" means the Michigan department of education.
(dd) "MDLARA" means the Michigan department of licensing and
regulatory affairs.
(ee) "MDEQ" means the Michigan department of environmental
quality.
(ff) "MDHS" means the Michigan department of human services.
(gg) "MDMVA" means the Michigan department of military and
veterans affairs.
(hh) "MDOT" means the Michigan department of transportation.
(ii) "MDSP" means the Michigan department of state police.
(jj) "MDTMB" means the Michigan department of technology,
management, and budget.
(kk) "MEDC" means the Michigan economic development
corporation, which is the public body corporate created under
section 28 of article VII of the state constitution of 1963 and the
urban cooperation act of 1967, 1967 (Ex Sess) PA 7, MCL 124.501 to
124.512, by contractual interlocal agreement effective April 5,
1999, between local participating economic development corporations
formed under the economic development corporations act, 1974 PA
338, MCL 125.1601 to 125.1636, and the Michigan strategic fund.
(ll) "MFA" means the Michigan finance authority.
(mm) "MPE" means the Michigan public employees.
(nn) "MSF" means the Michigan strategic fund.
(oo) "MSHDA" means Michigan state housing development
authority.
(pp) "NERE" means nonexclusively represented employees.
(qq) "NFAH-NEA" means the National Foundation of the Arts and
the Humanities - National Endowment for the Arts.
(rr) "PA" means public act.
(ss) "PATH" means partnership. accountability. training. hope.
(tt) "RFP" means a request for a proposal.
(uu) "SEIU" means service employees international union.
(vv) "WDA" means the workforce development agency.
(ww) "WIC" means women, infants, and children.
Sec. 206. 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. 207. (1) For each new program or program expansion for
which funds in excess of $500,000.00 are appropriated in part 1,
the department shall identify specific benchmarks intended to
measure the performance or return on taxpayer investment of the
program and its associated expenditures. Not later than November 1,
2015, the department shall report the proposed benchmarks to the
house and senate appropriations subcommittees for that department,
the house and senate fiscal agencies, and the state budget
director. The department shall provide an update on its progress in
achieving those benchmarks at an appropriations subcommittee
meeting called for the purpose of discussing benchmarks and their
status.
(2) It is the intent of the legislature that, beginning with
the budget for the fiscal year ending September 30, 2017, any
proposal for a new program or an expansion of an existing program
in excess of $500,000.00 initiated by the executive branch or the
legislature shall include, as part of the original proposal or
budget request, a list of benchmarks intended to measure the
performance or return on taxpayer investment of the program or
spending increase.
Sec. 208. The departments and agencies receiving
appropriations in part 1 shall use the Internet to fulfill the
reporting requirements of this part. This requirement may include
transmission of reports via electronic mail to the recipients
identified for each reporting requirement, or it may include
placement of reports on an Internet or intranet site.
Sec. 209. Funds appropriated in part 1 shall not be used for
the purchase of foreign goods or services, or both, if
competitively priced and of comparable quality American goods or
services, or both, are available. Preference shall be given to
goods or services, or both, manufactured or provided by Michigan
businesses, if they are competitively priced and of comparable
quality. In addition, preference 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. 210. 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. 211. (1) Pursuant to section 352 of the management and
budget act, 1984 PA 431, MCL 18.1352, which provides for a transfer
of state general fund revenue into or out of the countercyclical
budget and economic stabilization fund, the calculations required
by section 352 of the management and budget act, 1984 PA 431, MCL
18.1352, are determined as follows:
2014 2015 2016
Michigan personal income (millions). $402,703 $420,019 $438,500
less: transfer payments........... 88,825 94,510 99,897
Subtotal ......................... $313,878 $325,509 $338,603
Divided by: Detroit Consumer Price
Index for 12 months ending June 30 2.210 2.225 2.254
Equals: real adjusted Michigan
personal income................... $142,026 $146,265 $150,196
Percentage change................... 2.9% 3.0% 2.7%
Growth rate in excess of 2%?........ 0.9% 1.0% 0.7%
Equals: countercyclical budget and
economic stabilization fund pay-in
calculation for the fiscal year ending
September 30, 2016 (millions)..... $81.2 $95.0 $68.0
Growth rate less than 0%?........... NO NO NO
Equals: countercyclical budget and
economic stabilization fund pay-out
calculation for the fiscal year ending
September 30, 2016 (millions)..... 0.0 N/A $0.0
(2) Notwithstanding subsection (1), there is appropriated for
the fiscal year ending September 30, 2016, from general
fund/general purpose revenue for deposit into the countercyclical
budget and economic stabilization fund the sum of $95,000,000.00.
Sec. 212. 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. 213. Funds appropriated in part 1 shall not be used by
this state, a department, an agency, or an authority of this state
to purchase an ownership interest in a casino enterprise or a
gambling operation as those terms are defined in the Michigan
gaming control and revenue act, 1996 IL 1, MCL 432.201 to 432.226.
Sec. 215. 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. 216. 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 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. 217. General fund appropriations in part 1 shall not be
expended for items in cases where federal funding is available for
the same expenditures.
Sec. 219. 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. 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. 226. 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. 227. 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, 2015 and September 30, 2016.
Sec. 228. 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 of representatives standing committees on
appropriations and the senate and house fiscal agencies.
Sec. 229. 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
House Bill No. 4102 as amended April 28, 2015
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.
Sec. 233. In addition to the GF/GP appropriations for special
maintenance, remodeling, and addition - state facilities in part 1,
there is also appropriated related federal and state restricted
funds up to the amounts that will be earned based upon the
initiatives undertaken with the funds in part 1. The state budget
director shall determine and authorize the appropriate manner for
implementing this section.
Sec. 234. In addition to the GF/GP appropriations for
enterprisewide information technology investments in part 1, there
is also appropriated related federal and state restricted funds up
to the amounts that will be earned based upon the initiatives
undertaken with the funds in part 1. The state budget director
shall determine and authorize the appropriate manner for
implementing this section.
[Sec. 235. (1) Within 14 days of receiving formal notification
from the federal government that a federal funding source of
$10,000,000.00 or more will be reduced by 10 percent or greater, the
responsible department shall notify the state budget director, the house
and senate appropriations committees, and the house and senate fiscal
House Bill No. 4102 as amended April 28, 2015
agencies of the notification from the federal government.
(2) No later than 30 days after a notification under subsection
(1), the state budget director, in consultation with the responsible department, shall recommend a contingency plan for the federal funding reduction to the house and senate appropriations committees and the house and senate fiscal agencies.]
DEPARTMENT OF ATTORNEY GENERAL
Sec. 301. (1) In addition to the funds appropriated in part 1,
there is appropriated an amount not to exceed $1,500,000.00 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, 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 $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. 302. (1) The attorney general shall perform all legal
services, including representation before courts and administrative
agencies rendering legal opinions and providing legal advice to a
principal executive department or state agency. A principal
executive department or state agency shall not employ or enter into
a contract with any other person for services described in this
section.
(2) The attorney general shall defend judges of all state
courts if a claim is made or a civil action is commenced for
injuries to persons or property caused by the judge through the
performance of the judge's duties while acting within the scope of
his or her authority as a judge.
(3) The attorney general shall perform the duties specified in
1846 RS 12, MCL 14.28 to 14.35, and 1919 PA 232, MCL 14.101 to
14.102, and as otherwise provided by law.
Sec. 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 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.
Sec. 308. (1) In addition to the funds appropriated in part 1,
there is appropriated up to $500,000.00 from litigation expense
reimbursements awarded to the state.
(2) The funds may be expended for the payment of court
judgments, settlements, arbitration awards or other administrative
and litigation decisions, attorney fees, and litigation costs,
assessed against the office of the governor, the department of the
attorney general, the governor, or the attorney general when acting
in an official capacity as the named party in litigation against
the state. The funds may also be expended for the payment of state
costs incurred under section 16 of chapter X of the code of
criminal procedure, 1927 PA 175, MCL 770.16.
(3) Unexpended funds at the end of the fiscal year may be
carried forward for expenditure in the following year, up to a
maximum authorization of $500,000.00.
Sec. 309. From the prisoner reimbursement funds appropriated
in part 1, the department may spend up to $611,900.00 on activities
related to the state correctional facility reimbursement act, 1935
PA 253, MCL 800.401 to 800.406. In addition to the funds
appropriated in part 1, if the department collects in excess of
$1,131,000.00 in gross annual prisoner reimbursement receipts
provided to the general fund, the excess, up to a maximum of
$1,000,000.00, is appropriated to the department of attorney
general and may be spent on the representation of the department of
corrections and its officers, employees, and agents, including, but
not limited to, the defense of litigation against the state, its
departments, officers, employees, or agents in civil actions filed
by prisoners.
Sec. 310. (1) For the purposes of providing title IV-D child
support enforcement funding, the department of human services, as
the state IV-D agency, shall maintain a cooperative agreement with
the attorney general 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. 315. Total authorized appropriations from all sources
under part 1 for legacy costs for the fiscal year ending September
30, 2016 are $17,778,100.00. From this amount, total agency
appropriations for pension-related legacy costs are estimated at
$10,007,000.00. Total agency appropriations for retiree health care
legacy costs are estimated at $7,771,100.00.
Sec. 316. 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 the state. The
purpose of this initiative is to eliminate all county sexual
assault kit backlogs by the end of the fiscal year, assist local
prosecutors with investigations and prosecutions of viable cases,
and provide victim services. The department of attorney general
shall provide a detailed work and spending plan outlining
anticipated litigation action and expenditures resulting from
findings of the sexual assault kit testing. The spending plan shall
be transmitted 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. The appropriation shall not be available for
expenditure until the work plan is approved by the state budget
director. The state budget office shall notify the senate and house
of representatives standing committees on appropriations
subcommittees on general government at least 15 days prior to
release of the funds.
Sec. 320. The department of attorney general shall provide a
detailed work and spending plan for the appropriation in part 1 for
sexual assault prosecutions outlining the anticipated litigation
action and expenditures resulting from findings of the rape kit
testing results discovered by Michigan state police upon the
closure of the Detroit crime lab. The spending plan shall be
transmitted 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.
The appropriation shall not be available for expenditure until the
work plan is approved by the state budget director. The state
budget office shall notify the senate and house of representatives
standing committees on appropriations subcommittees on general
government at least 15 days prior to release of the funds.
DEPARTMENT OF CIVIL RIGHTS
Sec. 401. (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 $750,000.00 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. 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, 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.
(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
office of the state budget, senate and house of representatives
standing committees on appropriations, 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, 2016 are $2,997,500.00. From this amount, total agency
appropriations for pension-related legacy costs are estimated at
$1,701,400.00. Total agency appropriations for retiree health care
legacy costs are estimated at $1,296,100.00.
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 Farnum Building and other
properties.
Sec. 603. The appropriation contained in part 1 for national
association dues is to be distributed by the legislative council.
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 shall be allocated by the Michigan state capitol
commission.
Sec. 605. The appropriation in part 1 to the legislative
council for publication of the Michigan manual is a work project
account. The unexpended portion remaining on September 30 shall not
lapse and shall be carried forward into the subsequent fiscal year
for use in paying the associated biennial costs of publication of
the Michigan manual.
Sec. 606. The appropriations in part 1 to the legislative
branch, for property management, shall be used to purchase
equipment and services for building maintenance in order to ensure
a safe and productive work environment. These funds 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 total cost is estimated
at $500,000.00, and the tentative completion date is September 30,
2020.
Sec. 607. The appropriations in part 1 to the legislative
branch, for automated data processing, shall be used to purchase
equipment, software, and services in order to support and implement
data processing requirements and technology improvements. These
funds 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
total cost is estimated at $500,000.00, and the tentative
completion date is September 30, 2020.
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, 2016 are $28,034,000.00. From this amount, total agency
appropriations for pension-related legacy costs are estimated at
$15,465,300.00. Total agency appropriations for retiree health care
legacy costs are estimated at $12,568,700.00.
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 FTE unclassified positions shall be
set by the speaker of the house of representatives, the senate
majority leader, the house of representatives minority leader, and
the senate minority leader.
Sec. 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 Audit Directive No. 29, which describes
the office of the auditor general's policy on responding to
legislative requests.
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, MCL 18.1393.
(2) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $7,500,000.00 for state
restricted contingency funds. These funds are not available for
expenditure until they have been transferred to another line item
in 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 $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,
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. 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 $8.00 per
record sold only as authorized in section 208b of the Michigan
vehicle code, 1949 PA 300, MCL 257.208b, section 7 of 1972 PA 222,
MCL 28.297, and sections 80130, 80315, 81114, and 82156 of the
natural resources and environmental protection act, 1994 PA 451,
MCL 324.80130, 324.80315, 324.81114, and 324.82156. The revenue
received from the sale of records shall be credited to the
transportation administration collection fund created under section
810b of the Michigan vehicle code, 1949 PA 300, MCL 257.810b.
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, MCL
257.1 to 257.923. A private or public funding source may receive
written recognition in the publication and may furnish a traffic
safety message, subject to departmental approval, for inclusion in
the publication. The department may reject a gift, donation,
contribution, or grant. The department may furnish copies of a
publication underwritten, in whole or in part, by a private source
to the underwriter at no charge.
(2) The department 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, MCL 257.1 to 257.923. The department may charge and receive a
fee for any advertisement appearing in a departmental publication
and shall review and approve the content of each advertisement. The
department may refuse to accept advertising from any person or
organization. The department may furnish a reasonable number of
copies of a publication to an advertiser at no charge.
(3) Pending expenditure, the funds received under this section
shall be deposited in the Michigan department of state publications
fund created by section 211 of the Michigan vehicle code, 1949 PA
300, MCL 257.211. Funds given, donated, or contributed to the
department from a private source are appropriated and allocated for
the purpose for which the revenue is furnished. Funds granted to
the department from a public source are allocated and may be
expended upon receipt. The department shall not accept a gift,
donation, contribution, or grant if receipt is conditioned upon a
commitment of state funding at a future date. Revenue received from
the sale of advertising is appropriated and may be expended upon
receipt.
(4) Any unexpended revenues received under this section shall
be carried over into subsequent fiscal years and shall be available
for appropriation for the purposes described in this section.
(5) On March 1 of each year, the department of state shall
file a report with the senate and house of representatives standing
committees on appropriations, 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, MCL 257.211,
are appropriated for all expenses necessary to provide for the
costs of the publication. Funds are allotted for expenditure when
they are received by the department of treasury and shall not lapse
to the general fund at the end of the fiscal year.
Sec. 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. 710. (1) Commemorative and specialty license plate fee
revenue collected by the department of state and deposited into the
transportation administration collection fund created in section
810b of the Michigan vehicle code, 1949 PA 300, MCL 257.810b, is
authorized for expenditure up to the amount of revenue collected
but not to exceed the amount appropriated to the department of
state in part 1 to administer commemorative and specialty license
plate programs.
(2) Commemorative and specialty license plate fee revenue
collected by the department of state and deposited in the
transportation administration collection fund created in section
810b of the Michigan vehicle code, 1949 PA 300, MCL 257.810b, in
addition to the amount appropriated in part 1 to the department of
state, shall remain in the transportation administration collection
fund created in section 810b of the Michigan vehicle code, 1949 PA
300, MCL 257.810b, and be available for future appropriation.
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 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.
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, MCL 11.23, may be used by the department
for necessary expenses related to that service and may be remitted
to a credit or debit card company, bank, or other financial
institution.
(2) The service assessment imposed by the department 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. 716b. The department of state shall provide a report that
calculates the total amount of funds expended for the business
application modernization project to date from the inception of the
program. The report shall contain information on the original start
and completion dates for the project, the original cost to complete
the project, and a listing of all revisions to project completion
dates and costs. The report shall include the total amount of funds
paid to the state by the contract provider for penalties. The
report shall be submitted to the senate and house of
representatives standing committees on appropriations, the senate
and house fiscal agencies, and the state budget director by January
1.
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 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. 718. From the funds appropriated in part 1 to the
department of state, branch operations, the department shall
maintain a full service secretary of state branch office in Buena
Vista Township.
Sec. 721. From the funds appropriated in part 1, the
department of state may collect ATM commission fees from companies
that have ATMs located in secretary of state branch offices. The
commission received from the use of these ATMs shall be credited to
the transportation administration collection fund created under
section 810b of the Michigan vehicle code, 1949 PA 300, MCL
257.810b.
Sec. 722. The department shall participate in a workgroup to
investigate means of minimizing fraud in the MIBridges benefits
programs. The members of the workgroup shall include, but are not
limited to, the department and the departments of community health,
human services, and state police and members of the house of
representatives and the senate. The workgroup shall, at a minimum,
address the following possibilities and make recommendations on the
implementation of any of the following items considered feasible:
(a) Whether the department of human services' policies
concerning the replacement of lost bridge cards sufficiently deter
improper use of those cards.
(b) What technologies may exist to deter the sale or other
improper use of bridge cards.
(c) Whether a state driver license or state identification
card might be used to replace the existing bridge cards.
(d) What federal policies exist that may inhibit or enhance
adoption of fraud minimization actions.
Sec. 725. Total authorized appropriations from all sources
under part 1 for legacy costs for the fiscal year ending September
30, 2016 are $31,253,000.00. From this amount, total agency
appropriations for pension-related legacy costs are estimated at
$17,739,100.00. Total agency appropriations for retiree health care
legacy costs are estimated at $13,513,900.00.
DEPARTMENT OF TECHNOLOGY, MANAGEMENT, AND BUDGET
Sec. 801. (1) In addition to the funds appropriated in part 1,
there is appropriated an amount not to exceed $4,000,000.00 for
federal contingency funds. These funds are not available for
expenditure until they have been transferred to another line item
in 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 $8,000,000.00 for state
restricted contingency funds. These funds are not available for
expenditure until they have been transferred to another line item
in 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 $150,000.00 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. 802. Proceeds in excess of necessary costs incurred in
the conduct of transfers or auctions of state surplus, salvage, or
scrap property made pursuant to section 267 of the management and
budget act, 1984 PA 431, MCL 18.1267, are appropriated to the
department of technology, management, and budget to offset costs
incurred in the acquisition and distribution of federal surplus
property. The department of technology, management, and budget
shall provide consolidated Internet auction services through the
state's contractors for all local units of government.
Sec. 803. (1) The department of technology, management, and
budget 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 of technology,
management, and budget.
(2) The department of technology, management, and budget 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, or the judicial branch.
(3) The department of technology, management, and budget may
receive and expend funds in addition to those authorized in part 1
for mail pickup and delivery services provided specifically to
other principal executive departments and state agencies, the
legislative branch, or the judicial branch.
(4) The department of technology, management, and budget 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) The source of 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 of technology, management, and budget.
Funds shall be used as specified in joint labor/management
agreements or through the coordinated compensation hearings
process. Any deposits made under this subsection and any
unencumbered funds are restricted revenues, may be carried over
into the succeeding fiscal years, and are appropriated.
(2) In addition to the funds appropriated in part 1 for
statewide appropriations, the department of technology, management,
and budget 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
department of technology, management, and budget appropriations
financed from special revenue and internal service and pension
trust funds, or MAIN 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 department of technology, management, and budget, the
department may receive and expend funds from other principal
executive departments and state agencies to implement
administrative leave bank transfer provisions as may be specified
in joint labor/management agreements. The amounts may also be
transferred to other principal executive departments and state
agencies under the joint agreement and any amounts transferred
under the joint agreement are authorized for receipt and
expenditure by the receiving principal executive department or
state agency. Any amounts received by the department of technology,
management, and budget 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. The source of financing in part 1 for the Michigan
administrative information network 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 of technology, management, and budget. To the extent
excess revenues are collected due to estimates of building
occupancy charges exceeding actual costs, the excess revenues may
be carried forward into succeeding fiscal years for the purpose of
returning funds to state agencies.
(2) Appropriations in part 1 to the department of technology,
management, and budget, for management and budget services from
building occupancy charges and parking charges, may be increased to
return excess revenue collected to state agencies.
Sec. 808a. (1) The department of technology, management, and
budget in conjunction with the state budget office shall not charge
building occupancy rates to a state department or agency for
unoccupied space if the department or agency has submitted a notice
to the department of technology, management, and budget and the
state budget office to vacate the property at least 12 months prior
to the date to vacate. If the state department or agency does not
vacate the property by the end of the notification date, the state
department or agency shall be charged building occupancy rates for
that space for time the space is occupied beyond the 12-month
notice date to vacate.
(2) The department of technology, management, and budget in
conjunction with the state budget office shall require state
departments or agencies to pay building occupancy rates when moving
into a building managed by the department of technology,
management, and budget at the beginning of the start of the fiscal
year immediately following building occupancy.
Sec. 809. On a quarterly basis, the department of technology,
management, and budget shall notify the chairpersons of the senate
and house of representatives standing committees on appropriations
and the chairpersons of the senate and house of representatives
standing committees on appropriations subcommittees on general
government on any revisions that increase or decrease current
contracts by more than $500,000.00 for computer software
development, hardware acquisition, or quality assurance.
Sec. 810. The department of technology, management, and budget
shall maintain an Internet website that contains notice of all
invitations for bids and requests for proposals over $50,000.00
issued by the department or by any state agency operating under
delegated authority. The department shall not accept an invitation
for bid or request for proposal in 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 the state and
documented by the department. In addition to the requirements of
this section, the department may advertise the invitations for bids
and requests for proposals in any manner the department determines
appropriate, in order to give the greatest number of individuals
and businesses the opportunity to make bids or requests for
proposals.
Sec. 811. The department of technology, management, and budget
may receive and expend funds from the Vietnam veterans memorial
monument fund as provided in the Michigan Vietnam veterans memorial
act, 1988 PA 234, MCL 35.1051 to 35.1057. Funds are appropriated
and allocated when received and may be expended upon receipt.
Sec. 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 department of technology, management, and
budget for administration and for the acquisition, lease,
operation, maintenance, repair, replacement, and disposal of state
motor vehicles.
(2) The appropriation in part 1 for motor vehicle fleet shall
be funded by revenue from rates charged to principal executive
departments and agencies for utilizing vehicle travel services
provided by the department. Revenue in excess of the amount
appropriated in part 1 from the motor transport fund and any
unencumbered funds are restricted revenues and may be carried over
into the succeeding fiscal year.
(3) Pursuant to the department of technology, management, and
budget's authority under sections 213 and 215 of the management and
budget act, 1984 PA 431, MCL 18.1213 and 18.1215, the department
shall maintain a plan regarding the operation of the motor vehicle
fleet. The plan shall include the number of vehicles assigned to,
or authorized for use by, state departments and agencies, efforts
to reduce travel expenditures, the number of cars in the motor
vehicle fleet, the number of miles driven by fleet vehicles, and
the number of gallons of fuel consumed by fleet vehicles. The plan
shall include a calculation of the amount of state motor vehicle
fuel taxes that would have been incurred by fleet vehicles if fleet
vehicles were required by law to pay motor fuel taxes. The plan
shall include a description of fleet garage operations, the goods
sold and services provided by the fleet garage, the cost to operate
the fleet garage, the number of fleet garage locations, and the
number of employees assigned to each fleet garage. The plan may be
adjusted during the fiscal year based on needs and cost savings to
achieve the maximum value and efficiency from the state motor
fleet. Within 60 days after the close of the fiscal year, the
department shall provide a report to the senate and house of
representatives standing committees on appropriations and the
senate and house fiscal agencies detailing the current plan and
changes made to the plan during the fiscal year.
(4) The department of technology, management, and budget may
charge state agencies for fuel cost increases that exceed $3.04 per
gallon of unleaded gasoline. The department shall notify state
agencies, in writing or by electronic mail, at least 30 days before
implementing additional charges for fuel cost increases. Revenues
received from these charges are appropriated upon receipt.
(5) 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, when economically
feasible, the department of technology, management, and budget 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.
(6) The state budget director, upon notification to the senate
and house of representatives standing committees on appropriations,
may adjust spending authorization and the IDG from motor transport
fund in the department of technology, management, and budget in
order to ensure that the appropriations for motor vehicle fleet in
the department budget equal the expenditures for motor vehicle
fleet in the budgets for all executive branch agencies.
Sec. 814. The department of technology, management, and budget
shall develop a plan regarding the use of the funds appropriated in
part 1 for the enterprisewide information technology investment
projects. The plan shall include, but not be limited to, a
description of proposed information technology investment projects,
the time frame for completion of the information technology
investment projects, the proposed cost of the information
technology investment projects, the number of employees assigned to
implement each information technology investment project, the
contracts entered into for each information technology investment
project, and any other information the department deems necessary.
The plan shall be distributed to the senate and house of
representatives standing committees on appropriations subcommittees
on general government, as well as the senate and house fiscal
agencies on a quarterly basis. The submitted plan shall also
include anticipated spending reductions or overages for each of the
proposed information technology investment projects. The department
of technology, management, and budget shall notify the senate and
house of representatives standing committees on appropriations
subcommittees on general government and the senate and house fiscal
agencies 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. 816. An RFP issued for the purpose of privatization shall
include all factors used in evaluating and determining price.
Sec. 817. The department of technology, management, and budget
may require that any vendor or subcontractor providing call or
contact center services to the state of Michigan disclose to
inbound callers the location from which the call or contact center
services are being provided.
Sec. 818. In addition to the funds appropriated in part 1, the
department of technology, management, and budget may receive and
expend money from the Michigan law enforcement officers memorial
monument fund as provided in the Michigan law enforcement officers
memorial act, 2004 PA 177, MCL 28.781 to 28.787.
Sec. 819. In addition to the funds appropriated in part 1, the
department of technology, management, and budget may receive and
expend money from the Ronald Wilson Reagan memorial monument fund
as provided in the Ronald Wilson Reagan memorial monument fund
commission act, 2004 PA 489, MCL 399.261 to 399.266.
Sec. 820. The department shall make available to the public a
list of all parcels of real property owned by the state that are
available for purchase. The list shall be posted on the Internet
through the department's website.
Sec. 821. The department of technology, management, and budget
shall annually update the office space consolidation project plan,
including the use of the funds appropriated pursuant to
2012 PA 200 for the space consolidation fund. By February 15, the
department shall report to the senate and house of representatives
committees on appropriations subcommittees on general government
and the senate and house fiscal agencies on the revised plan and
plan implementation. The report shall include, but is not limited
to, the description of the proposed office space to be
consolidated, the time frame for completion of the office space
consolidation, the proposed itemized cost of the office space
consolidation, the number of employees assigned to implement the
office space consolidation, the contracts entered into for the
office space consolidation, information on completed projects,
anticipated savings, savings achieved, and any other information
the department deems necessary.
Sec. 822. The department of technology, management, and budget
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 and posted online.
Sec. 822b. (1) A public-private partnership investment fund is
created in 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 Detroit River 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
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) 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 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 Detroit River International
Crossing or any successor project unless the project is approved by
the legislature and signed into law.
Sec. 822d. By December 31, 2015, the department 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 department during fiscal year 2016-2017. The report
shall also identify changes from fees and rates charged in fiscal
year 2015-2016 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, 2016 are $76,448,100.00. From this amount, total agency
appropriations for pension-related legacy costs are estimated at
$43,360,600.00. Total agency appropriations for retiree health care
legacy costs are estimated at $33,087,500.00.
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) "Open meetings act" means the open meetings act, 1976 PA
267, MCL 15.261 to 15.275.
(c) "Regional prosperity board" means a regional body with
representation from private, public, and nonprofit entities engaged
in joint decision-making practices for the purpose of creating a
phase three: regional prosperity plan.
(d) "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 a phase one:
regional prosperity plan.
(e) "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 a phase two: regional prosperity plan.
(2) Regional planning organizations may qualify to receive not
more than $250,000.00 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.
(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 department 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 1-time grant of not more than $75,000.00
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.
(4) Regional planning organizations may qualify to receive not
more than $375,000.00 of incentive-based funding as a regional
prosperity council subject to meeting all of the following
requirements:
(a) The regional prosperity council has created a phase two:
regional prosperity plan, as follows:
(i) The regional prosperity council must include regional
representatives from adult education, workforce development,
community development, economic development, transportation, and
higher education organizations.
(ii) 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.
(iii) 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.
(iv) The regional prosperity council shall adopt the plan by a
minimum 2/3 vote of its members.
(b) The regional prosperity council adheres to accountability
and transparency measures required in the open meetings act.
(c) 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.
(d) 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.
(e) 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 department 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 1-time grant of not more than $75,000.00 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.
(6) Regional planning organizations may qualify to receive not
more than $500,000.00 of incentive-based funding as a regional
prosperity board subject to meeting all of the following
requirements:
(a) The regional prosperity board has created a phase three:
regional prosperity plan, as follows:
(i) The regional prosperity board, at a minimum, must
demonstrate the consolidation of regional metropolitan planning
organization boards, state designated regional planning agency
boards, workforce development boards, and federally designated
economic development districts within a region.
(ii) 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.
(iii) The plan is required to include a status report of the
approved 10-year plan for the creation of an updated regional
prosperity plan.
(iv) The regional prosperity board shall adopt the plan by a
minimum 2/3 vote of its members.
(b) The regional prosperity board adheres to accountability
and transparency measures required in the open meetings act.
(c) 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.
(d) 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.
(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 department 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 department 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 department by December 1, 2015.
The department shall notify regional planning organizations of
grant application status by January 1, 2016. The department 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 $2,500,000.00.
(d) The estimated completion date is September 30, 2020.
INFORMATION TECHNOLOGY
Sec. 823. (1) The department of technology, management, and
budget may sell and accept paid advertising for placement on any
state website under its jurisdiction. The department shall review
and approve the content of each advertisement. The department may
refuse to accept advertising from any person or organization or
require modification to advertisements based upon criteria
determined by the department. Revenue received under this
subsection shall be used for operating costs of the department and
for future technology enhancements to state of Michigan e-
government initiatives. Funds received under this subsection shall
be limited to $250,000.00. Any funds in excess of $250,000.00 shall
be deposited in the state general fund.
(2) The department of technology, management, and budget may
accept gifts, donations, contributions, bequests, and grants of
money from any public or private source to assist with the
underwriting or sponsorship of state webpages or services offered
on those webpages. A private or public funding source may receive
recognition in the webpage. The department of technology,
management, and budget may reject any gift, donation, contribution,
bequest, or grant.
(3) Funds accepted by the department of technology,
management, and budget under subsection (1) 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.
Sec. 824. The department of technology, management, and budget
may enter into agreements to supply spatial information and
technical services to other principal executive departments, state
agencies, local units of government, and other organizations. The
department of technology, management, and budget may receive and
expend funds in addition to those authorized in part 1 for
providing information and technical services, publications, maps,
and other products. The department of technology, management, and
budget 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 department shall
provide a report to the senate and house of representatives
standing committees on appropriations subcommittees on general
government, 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 MAIN pertaining to state
departments. State departments shall have access to all historical
and current data contained within MAIN.
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 department of technology, management, and budget shall
assess all subscribers of the Michigan public safety communications
system reasonable access and maintenance fees.
(3) All money received by the department of technology,
management, and budget under this section shall be expended for the
support and maintenance of the Michigan public safety
communications system.
(4) The department of technology, management, and budget shall
provide a report to the senate and house of representatives
standing committees on appropriations, the senate and house fiscal
agencies, and the state budget director on April 15 and on October
15, indicating the amount of revenue collected under this section
and expended for support and maintenance of the Michigan public
safety communications 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 department of technology, management, and budget
shall submit a report for the immediately preceding fiscal year
ending September 30 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. 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.
(b) A listing of the expenditures made from the amounts
received by the department of technology, management, and budget as
reported in subdivision (a).
Sec. 829. The department of technology, management, and budget
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. By December 31, the department shall provide a
report that lists all information technology-related change orders
and follow-on contracts, greater than $50,000.00, whether they are
bid, exercise options, or no-bid, and the amount of each change
order or contract extension contract entered into by the department
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.
Sec. 831. (1) The information, communications, and technology
innovation fund, established pursuant to 2011 PA 63, 2012 PA 200,
and 2013 PA 59, shall be administered by the department of
technology, management, and budget for the purpose of providing a
revolving, self-sustaining resource for financing information,
communications, and technology innovation projects. From the funds
appropriated to the information, communications, and technology
innovation fund by 2011 PA 63, 2012 PA 200, and 2013 PA 59, or
received by the information, communications, and technology
innovation fund under subsections (2) and (3), the department of
technology, management, and budget may issue loans to state
agencies, local units of government, colleges and universities in
this state, school districts, other public entities that provide
public sector services, and nonprofit organizations that provide
public sector services, as determined by the department of
technology, management, and budget in support of information,
communications, and technology innovation projects.
(2) In addition to funds appropriated by 2011 PA 63, 2012 PA
200, and 2013 PA 59, the information, communications, and
technology innovation fund may accept contributions, gifts,
bequests, devises, grants, and donations.
(3) In addition to the funds appropriated by 2011 PA 63, 2012
PA 200, and 2013 PA 59, money received by the department of
technology, management, and budget as repayment of information,
communications, and technology innovation project loans, or other
reimbursement or revenue received by the department of technology,
management, and budget as a result of information, communications,
and technology innovation project loans, interest earned on that
money, or subsection (2) revenue, shall be deposited in the
information, communications, and technology innovation fund and is
appropriated for information, communications, and technology
innovation fund projects described in subsection (1). At the close
of the fiscal year, any unencumbered funds remaining in the
information, communications, and technology innovation fund shall
remain in the fund and be carried forward into the succeeding
fiscal year.
(4) This section is not effective if legislation is enacted
that creates and provides for the administration and use of the
information, communications, and technology innovation fund.
Sec. 832. (1) The department of technology, management, and
budget 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 department of technology, management, and budget
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 department'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 department of technology, management, and budget in order to
ensure that the appropriations for information technology in the
department budget equal the appropriations for information
technology in the budgets for all executive branch agencies.
(2) If during the course of the fiscal year a transfer or
supplemental to or from the information technology line item within
an agency budget is made under section 393 of the management and
budget act, 1984 PA 431, MCL 18.1393, there is appropriated an
equal amount of user fees in the department of technology,
management, and budget budget to accommodate an increase or
decrease in spending authorization.
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
department of technology, management, and budget. The department
may receive and expend money from the fund for costs associated
with the antenna site management project, including the cost of a
third-party site manager. Any excess revenue remaining in the fund
at the close of the fiscal year shall be proportionately
transferred to the appropriate state restricted funds as designated
in statute or by constitution.
(2) An antenna shall not be placed on any site pursuant to
this section without complying with the respective local zoning
codes and local unit of government processes.
Sec. 835. In addition to the funds appropriated in part 1, the
funds collected by the department for supplying census-related
information and technical services, publications, statistical
studies, population projections and estimates, and other
demographic products are appropriated for all expenses necessary to
provide the required services. These funds are available for
expenditure when they are received and may be carried forward into
the next succeeding fiscal year.
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 865:
(a) "Board" means the state administrative board.
(b) "Community college" 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) "Fiscal agencies" means the senate fiscal agency and the
house fiscal agency.
(f) "State agency" means an agency of state government. State
agency does not include a community college or university.
(g) "State building authority" means the authority created
under 1964 PA 183, MCL 830.411 to 830.425.
(h) "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,
MCL 18.1101 to 18.1594.
Sec. 862. (1) The department shall provide the JCOS, state
budget director, and the senate and house fiscal agencies with
reports as considered necessary 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, MCL 18.1248.
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, MCL 18.1251, that would provide economic
benefit to the area or to the state. The MEDC board and the state
budget director shall determine whether or not a specific state-
owned site qualifies for inclusion in the fund created under this
subsection.
(2) Proceeds from the sale of any sites designated in
subsection (1) shall be deposited into the fund created in
subsection (1) and shall be available for site preparation
expenditures, unless otherwise provided by law. The economic
development sites authorized in subsection (1) are authorized for
sale consistent with state law. Expenditures from the fund are
authorized for site preparation activities that enhance the
marketable sale value of the sites. Site preparation activities
include, but are not limited to, demolition, environmental studies
and abatement, utility enhancement, and site excavation.
(3) A cash advance in an amount of not more than
$25,000,000.00 is authorized from the general fund to the site
preparation economic development fund.
(4) An annual report shall be transmitted to the senate and
house of representatives standing committees on appropriations not
later than December 31 of each year. This report shall detail both
of the following:
(a) The revenue and expenditure activity in the fund for the
preceding fiscal year.
(b) The sites identified as economic development sites under
subsection (1).
Sec. 866. For the state building authority financed
construction authorization in part 1, the legislature hereby
determines that the leasing of the facility from the authority is
for a public purpose as authorized under 1964 PA 183, MCL 830.411
to 830.425. The legislature approves and authorizes the lease and
conveyance of property to the state building authority, the state
building authority acquiring the facility and leasing it to the
state and the educational institution, as applicable, and the
governor and secretary of state executing the lease for and on
behalf of the state pursuant to the requirements of 1964 PA 183,
MCL 830.411 to 830.425. Per the requirements of the lease, the
legislature also agrees to appropriate annually sufficient amounts
to pay the rent as obligated pursuant to the lease.
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 AND COMMUNITY COLLEGES
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, MCL 18.1101 to 18.1594,
shall be in accordance with the purpose and scope as defined and
delineated in the approved program statements and planning
documents. This part and part 1 are applicable to all projects for
which planning appropriations were made in previous acts.
(4) The community college shall take the steps necessary to
secure available federal construction and equipment money for
projects funded for construction in this part and part 1 if an
application was not previously made. If there is a reasonable
expectation that a prior year unfunded application may receive
federal money in a subsequent year, the college shall take whatever
action necessary to keep the application active.
Sec. 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. 891. The department of technology, management, and budget
shall report quarterly to the senate and house appropriations
subcommittees on general government and the senate and house fiscal
agencies on legal services fund expenditures. The report shall
itemize expenditures by case, purpose, and department involved.
DEPARTMENT OF TREASURY
OPERATIONS
Sec. 901. (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 $10,000,000.00 for state
restricted contingency funds. These funds are not available for
expenditure until they have been transferred to another line item
in part 1 under section 393(2) of the management and budget act,
1984 PA 431, MCL 18.1393.
(3) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $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 $40,000.00 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. 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, MCL
17.451 to 17.455, are appropriated.
(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, MCL 12.51 to
12.53.
(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, MCL 388.984, to
the extent determined by the state treasurer, for the payment of
debt service, including, without limitation, optional and mandatory
redemptions, on bonds, notes or commercial paper issued by the
state pursuant to 1961 PA 112, MCL 388.981 to 388.985.
Sec. 902a. The department of treasury shall notify the senate
and house of representatives standing committees on appropriations,
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. 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 and the senate and house of representatives
standing committees on appropriations 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.
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 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 as provided under section 1 of 1861 PA 111,
MCL 21.181.
(2) The appropriations under subsection (1) shall be funded by
restricting revenues from common cash interest earnings and
investment earnings in an amount sufficient to record these
expenditures.
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. A report detailing audits
performed and audit charges for the immediately preceding fiscal
year shall be submitted to the state budget director 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. 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, MCL 207.371 to 207.383, is appropriated and shall be
distributed under section 7a of the airport parking tax act, 1987
PA 248, MCL 207.377a.
Sec. 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, MCL 445.573c, is appropriated.
Sec. 911. (1) There is appropriated an amount sufficient to
recognize and pay refundable income tax credits as provided by the
management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594.
(2) The appropriations under subsection (1) shall be funded by
restricting income tax revenue in an amount sufficient to record
these expenditures.
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,
MCL 600.4012.
(b) A fee of $6.00 at the time any other writ of garnishment
is served upon the state treasurer, except that the fee shall be
reduced to $5.00 for each writ of garnishment for individual income
tax refunds or credits filed by magnetic media.
Sec. 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, MCL 169.261, there is appropriated from
the general fund to the state campaign fund an amount equal to the
amounts designated for tax year 2014. Except as otherwise provided
in this section, the amount appropriated shall not revert to the
general fund and shall remain in the state campaign fund. Any
amounts remaining in the state campaign fund in excess of
$10,000,000.00 on December 31 shall revert to the general fund.
Sec. 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 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 and
the senate and house fiscal agencies not later than November 30
stating the amounts appropriated for write-offs and advances under
subsection (1).
Sec. 918. In addition to funds appropriated in part 1, the
department of treasury may receive and expend funds for conducting
tax orientation workshops and seminars. Funds received may not
exceed costs incurred in conducting the workshops and seminars.
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, MCL
567.221 to 567.265. In addition to the amounts appropriated in part
1 to the department of treasury, there are appropriated amounts
necessary to fund auditing and collection costs and fees not to
exceed 12% of the collections, or a lesser amount as prescribed by
the contract. The appropriation to fund collection costs and fees
for the auditing and collection of unclaimed property due this
state is from the fund or account to which the revenues being
collected are recorded or dedicated.
(2) The department of treasury shall submit a report for the
immediately preceding fiscal year ending September 30 to the state
budget director and the senate and house of representatives
standing committees on appropriations 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.
(3) It is the intent of the legislature that contingency fee
unclaimed property audits be eliminated for Michigan-based
businesses.
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,
MCL 211.1 to 211.155.
(2) The department of treasury shall submit a report for the
immediately preceding fiscal year to the state budget director 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, MCL 18.1451a:
(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, 2017.
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. The report shall include the number
of audits, revenue generated, and number of complaints received by
the department related to the audits.
Sec. 928. The department of treasury may provide receipt,
warrant and cash processing, data, collection, investment, fiscal
agent, levy and warrant 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, MCL
14.131 to 14.134. The department of treasury shall deduct a fee
equal to the cost of collections from all receipts except
unrestricted general fund collections. Fees shall be credited to a
restricted revenue account and appropriated to the department of
treasury to pay for the cost of collections. The department of
treasury shall maintain accounting records in sufficient detail to
enable the respective accounts to be reimbursed periodically for
fees deducted that are determined by the department of treasury to
be surplus to the actual cost of collections.
(2) The department of treasury shall submit a report for the
immediately preceding fiscal year to the state budget director 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 director, the senate and
house of representatives standing committees on appropriations
subcommittees on general government, and the senate and house
fiscal agencies by November 30 of each year identifying the fees
assessed against each restricted fund and the methodology used for
assessment.
(2) In addition to the funds appropriated in part 1, the
department 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, MCL 390.1421 to 390.1442, may be expended by the
board of directors of the Michigan education trust for necessary
salaries, wages, supplies, contractual services, equipment,
worker's compensation insurance premiums, and grants to the civil
service commission and state employees' retirement fund.
Sec. 934. (1) The department of treasury may expend revenues
received under the hospital finance authority act, 1969 PA 38, MCL
331.31 to 331.84, the shared credit rating act, 1985 PA 227, MCL
141.1051 to 141.1076, the higher education facilities authority
act, 1969 PA 295, MCL 390.921 to 390.934, the Michigan public
educational facilities authority, Executive Reorganization Order
No. 2002-3, MCL 12.192, the Michigan tobacco settlement finance
authority act, 2005 PA 226, MCL 129.261 to 129.279, the land bank
fast track act, 2003 PA 258, MCL 124.751 to 124.774, part 505 of
the natural resources and environmental protection act, 1994 PA
451, MCL 324.50501 to 324.50522, the state housing development
authority act of 1966, 1966 PA 346, MCL 125.1401 to 125.1499c, and
the Michigan finance authority, Executive Reorganization Order No.
2010-2, MCL 12.194, for necessary salaries, wages, supplies,
contractual services, equipment, worker's compensation insurance
premiums, grants to the civil service commission and state
employees' retirement fund, and other expenses as allowed under
those acts.
(2) The department of treasury shall report by January 31 to
the senate and house appropriations subcommittees, 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 2014-2015 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. 944. If the department hires a pension plan consultant
using any of the funds appropriated in part 1, the department shall
annually forward any report provided to the department by that
consultant 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.
Sec. 945. The assessment and certification division of the
department of treasury shall conduct a review of local unit
assessment administration practices, procedures, and records, also
known as the audit of minimal assessing requirements, in at least 1
assessment jurisdiction per county.
Sec. 946. Revenue collected in the convention facility
development fund is appropriated and shall be distributed under
sections 8 and 9 of the state convention facility development act,
1985 PA 106, MCL 207.628 and 207.629.
Sec. 947. Financial independence teams shall cooperate with
the office of fiscal responsibility to coordinate and streamline
efforts in identifying and addressing fiscal emergencies in school
districts and intermediate school districts.
Sec. 948. (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 is appropriated amounts necessary to pay contract costs or
fund operations designed to reduce fraudulent income tax refund
payments not to exceed $1,600.000.00 of the refunds identified as
potentially fraudulent and for which payment of the refund is
denied. The appropriation to fund fraud prevention efforts are 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 and the senate and house of representatives
standing committees on appropriations 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. 949. Total authorized appropriations from all sources
under part 1 for legacy costs for the fiscal year ending September
30, 2016 are $46,551,300.00. From this amount, total agency
appropriations for pension-related legacy costs are estimated at
$26,422,100.00. Total agency appropriations for retiree health care
legacy costs are estimated at $20,129,200.00.
Sec. 949a. (1) From the increased funds appropriated in part 1
for personal property tax payments, the department shall establish
personal property tax payments in the current fiscal year. The
purpose of these increased funds is to continue payment to
municipalities for lost debt and tax increment financing personal
property taxes as required by the local community stabilization
authority act, 2014 PA 86, MCL 123.1341 to 123.1362.
(2) The department shall identify specific outcomes and
performance measures for this initiative, including, but not
limited to, the treasury's ability to establish the technical and
administrative support needed to ensure the payment information
provided to local community stabilization authorities is accurate
and timely.
Sec. 949b. (1) From the increased funds appropriated in part 1
for the city income tax administration program, the department
shall establish the city income tax administration program in the
current year. The purpose of this new program is to minimalize
revenue loss through improved accuracy of e-filed returns.
(2) The department shall identify specific outcomes and
performance measures for this initiative, including, but not
limited to, the treasury's ability to track and reduce fraudulent
returns by expanding compliance and enforcement services. This will
benefit Michigan's cities by allowing the taxpayer to e-file the
city return as part of the state return.
Sec. 949c. (1) From the increased funds appropriated in part 1
for treasury operations information technology services and
projects, the department shall increase treasury operations
information technology services and projects in the current fiscal
year. The purpose of this increase is to establish a treasury
online business portal to allow businesses online access to do
electronic business tax registration, tax returns, and tax
payments.
(2) The department shall identify specific outcomes and
performance measures for this initiative, including, but not
limited to, the number of businesses taking advantage of the
opportunity for electronic business tax registration,
authentication of taxpayers, and tax filing.
Sec. 949d. (1) From the increased funds appropriated in part 1
for financial review commission, the department shall expand
financial review commission efforts in the current fiscal year. The
purpose of this expansion is to provide ongoing costs associated
with the operation of the commission.
(2) The department shall identify specific outcomes and
performance measures for this initiative, including, but not
limited to, the department's ability to perform critical fiscal
review to ensure the city of Detroit does not reenter distress
following its exit from bankruptcy.
Sec. 949e. From the increased funds appropriated in part 1 for
the state essential services assessment program, the department
shall establish the state essential services assessment program in
the current year. The purpose of the new program will provide
treasury the ability to collect the new 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. 949g. From the funds appropriated in part 1 for urban
search and rescue task force, $300,000.00 shall be expended to
support the urban search and rescue task force. In distributing
funds under this section, the department shall require the task
force to provide to the department the following information:
(a) A final year-end report providing information on all
revenue received by source and expenditures by categories, with the
funds distributed to the task force under section 703(9) of article
XVI of 2013 PA 59 discretely presented.
(b) Detail on the proposed expenditure of the funds
distributed under this section.
(c) A final year-end report providing information on all
revenue received by source and expenditures by categories, with the
funds distributed under this section discretely presented.
REVENUE SHARING
Sec. 950. The funds appropriated in part 1 for constitutional
revenue sharing shall be distributed by the department to cities,
villages, and townships, as required under section 10 of article IX
of the state constitution of 1963. Revenue collected in accordance
with section 10 of article IX of the state constitution of 1963 in
excess of the amount appropriated in part 1 for constitutional
revenue sharing is appropriated for distribution to cities,
villages, and townships, on a population basis as required under
section 10 of article IX of the state constitution of 1963.
Sec. 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
with a population below 600,000 as of the 2010 federal decennial
census is eligible to receive 100% of its eligible payment under
section 952 of article VIII of 2014 PA 252. A city, village, or
township with a population greater than 600,000 as of the 2010
federal decennial census is eligible to receive 95.870812% of its
eligible payment under section 952 of article VIII of 2014 PA 252.
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
payment received under section 952 of article VIII of 2014 PA 252
for the combined single entity, the amount each of the merging
local units received under section 952 of article VIII of 2014 PA
252 is summed. For purposes of this subsection, population is
determined in the same manner as under section 3 of the Glenn Steil
state revenue sharing act of 1971, 1971 PA 140, MCL 141.903. In
addition, any city or village that according to the 2010 federal
decennial census is determined to have population in more than 1
county shall be treated as a single entity when determining the
payment received under section 952 of article VIII of 2014 PA 252.
(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 the amount by which the
balance in its revenue sharing reserve fund under section 44a of
the general property tax act, 1893 PA 206, MCL 211.44a, for the
county's most recent fiscal year that ends prior to the January 1
of the state's fiscal year is less than the amount calculated under
section 44a(14) of the general property tax act, 1893 PA 206, MCL
211.44a, for the county fiscal year that begins in the state's
fiscal year. 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
citizen's guide, 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. 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 provide
the required certification or fails to submit the required
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.
(i) Payments distributed under this section to counties may be
withheld in the amount of arrears due from the county if a county
is more than 3 months delinquent in maintaining county child care
fund or state ward board and care chargeback obligations pursuant
to section 5 of the youth rehabilitation services act of 1974, 1974
PA 150, MCL 803.305, section 117a of the social welfare act of
1939, 1939 PA 280, MCL 400.117a, or section 117c of the social
welfare act of 1939, 1939 PA 280, MCL 400.117c. A county shall be
deemed delinquent upon notification from the state.
(5) The unexpended funds appropriated in part 1 for city,
village, and township revenue sharing and the county incentive
program shall be available for expenditure under the program for
financially distressed cities, villages, or townships after the
approval of transfers by the legislature pursuant to section 393(2)
of the management and budget act, 1984 PA 431, MCL 18.1393.
Sec. 955. (1) The funds appropriated in part 1 for county
revenue sharing shall be distributed by the department to eligible
counties pursuant to the Glenn Steil state revenue sharing act of
1971, 1971 PA 140, MCL 141.901 to 141.921.
(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.
Sec. 956. (1) The funds appropriated in part 1 for financially
distressed cities, villages, and 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 may use, but is not limited to using,
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. 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 September 30. The report shall include a
list by grant recipient of the date each grant was approved, the
amount of the grant, and a description of the project or projects
that will be paid by the grant.
(3) The unexpended funds appropriated in part 1 for
financially distressed cities, villages, and 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 $5,000,000.00.
(d) The tentative completion date is September 30, 2020.
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. 963. The bureau of state lottery shall inform all lottery
retailers that the cash side of department of human services bridge
cards cannot be used to purchase lottery tickets.
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,
MCL 432.212a.
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, MCL 15.261 to
15.275, and the freedom of information act, 1976 PA 442, MCL 15.231
to 15.246.
(3) A county treasurer is authorized to receive and administer
funds received for and on behalf of a local revenue sharing board.
Funds appropriated in part 1 for local government programs may be
used to audit local revenue sharing board funds held by a county
treasurer. This section does not limit the ability of local units
of government to enter into agreements with federally recognized
Indian tribes to provide financial assistance to local units of
government or to jointly provide public services.
(4) A local revenue sharing board described in subsection (1)
shall comply with all applicable provisions of any agreement
authorized by the Indian gaming regulatory act, Public Law 100-497,
in which the local revenue sharing board is referenced, including,
but not limited to, the disbursal of tribal casino payments
received under applicable provisions of the tribal-state class III
gaming compact in which those funds are received.
(5) The director of the department of state police and the
executive director of the Michigan gaming control board are
authorized to assist the local revenue sharing boards in
determining allocations to be made to local public safety
organizations.
(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
and laboratory analysis program appropriations, shall be reduced
proportionately if revenues to the Michigan agriculture equine
industry development fund decline during the fiscal year ending
September 30, 2016 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 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. In addition to the funds appropriated in part 1, the
Michigan gaming control board may receive and expend state lottery
fund revenue in an amount not to exceed $4,000,000.00 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 April 15. 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.
MICHIGAN STRATEGIC FUND - HOUSING AND COMMUNITY DEVELOPMENT
Sec. 980. 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. 981. MSHDA shall report to the subcommittees, the state
budget director, and the fiscal agencies by December 1 on the
status of the loans entered into by the Michigan broadband
development authority.
Sec. 984. In addition to the funds appropriated in part 1, the
funds collected by state historic preservation programs for
document reproduction and services and application fees are
appropriated for all expenses necessary to provide the required
services. These funds are available for expenditure when they are
received and may be carried forward into the succeeding fiscal
year.
Sec. 985. 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.
MICHIGAN STRATEGIC FUND
Sec. 1001. (1) In addition to the funds appropriated in part
1, there is appropriated an amount not to exceed $20,000,000.00 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 $2,000,000.00 for private
contingency funds. These funds are not available for expenditure
until they have been transferred to another line item in part 1
under section 393(2) of the management and budget act, 1984 PA 431,
MCL 18.1393.
(4) 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.
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. 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 appropriations subcommittees on general government, the
fiscal agencies, and the state budget office by June 1.
Sec. 1007. (1) The fund shall provide reports to the relevant
subcommittees, the state budget director, and the fiscal agencies
concerning the activities of the MEDC grants and investment
programs financed from the fund using investment, Indian gaming
revenues, or other revenues. The report shall provide a list of
individual grants, loans, and investments made from the fund or by
the MEDC from the funds appropriated in part 1 and shall include
the name of the recipient, the amount awarded to the recipient, and
the purpose of the grant. The activities report shall also include,
but not be limited to, the following programs funded in part 1:
(a) Travel Michigan, including any expenditures authorized
under section 89b of the Michigan strategic fund act, 1984 PA 270,
MCL 125.2089b, to supplement the Michigan promotion program. The
report shall include the number of commercials produced, the
markets in which media buys have been made, any web-based products
that were created with these funds and identify the geographical
market locations and recreational activities used in Michigan
tourism promotion material.
(b) Business attraction, retention, and growth, including any
expenditures authorized under section 89b of the Michigan strategic
fund act, 1984 PA 270, MCL 125.2089b, to supplement the Michigan
business marketing program. The report shall include the number of
commercials produced, the markets in which media buys have been
made, and any web-based products that were created as a result of
this appropriation.
(c) Business services.
(d) Community development block grants.
(e) MSF administration.
(f) Renaissance zones.
(g) 21st century investment program.
(h) Business and clean air ombudsman.
(i) Michigan business development program.
(j) Community revitalization program.
(k) Film incentives.
(l) Any other programs of the fund.
(2) As a condition of the expenditure of funds appropriated in
part 1 for business attraction and community revitalization and
film incentives, the fund shall submit a report 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 office that provides performance metrics for the
Michigan business development program, community revitalization
program, and film incentives. The report shall include, but is not
limited to, all of the following for funds appropriated in 2011 PA
63, 2012 PA 200, 2013 PA 59, and 2014 PA 252:
(a) Total verified jobs created compared to total committed
jobs.
(b) Total actual private investment compared to total
projected private investment.
(c) An estimate of the return on investment to the state as a
result of the incentives.
(d) A listing of projects previously awarded incentives that
were revoked and the reason for revocation.
(e) A listing of projects that had incentive contracts amended
by the fund or MEDC. The listing shall include a detailed listing
of the amendments made to the contract.
(3) The reports in subsections (1) and (2) shall be submitted
by February 15. The report for each program in subsection (1)(a)
through (l) shall include details on all revenue sources, actual
expenditures, and number of FTEs for that program for the previous
fiscal year.
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.
Sec. 1010. As a condition for receiving funds in part 1, not
later than February 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
senate and house of representatives standing committees on
appropriations subcommittees on general government, the senate and
house fiscal agencies, and the state budget office. 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, MCL
18.1101 to 18.1594, unless carryforward authorization has been
otherwise provided for.
(2) Any encumbered funds shall be used for the same purposes
for which funding was originally appropriated in this part and part
1.
Sec. 1012. (1) As a condition of receiving funds under part 1,
the fund shall ensure that the MEDC and the fund comply with all of
the following:
(a) The freedom of information act, 1976 PA 442, MCL 15.231 to
15.246.
(b) The open meetings act, 1976 PA 267, MCL 15.261 to 15.275.
(c) Annual audits of all financial records by the auditor
general or his or her designee.
(d) All reports required by law to be submitted to the
legislature.
(2) If the MEDC is unable for any reason to perform duties
under this part, the fund may exercise those duties.
Sec. 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. 1014. (1) All funds received from repayment of loans,
unused grants, revenues received from sales or cash flow
participation agreements, guarantees, or any combination of these
or accrued interest originally distributed as part of the core
communities fund, created by 2000 PA 291, shall be received, held,
and applied by the fund for the purposes described in 2000 PA 291.
(2) The fund shall provide an annual report on the status of
this fund which includes information that details the awards made.
The report shall be provided to the appropriations subcommittees on
general government, the fiscal agencies, and the state budget
office by February 15.
Sec. 1020. 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 fund
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 fund shall
report the amount and source of the funds to the senate
appropriation subcommittee on economic development, the house
appropriation subcommittee on general government, the senate and
house fiscal agencies, and the state budget office within 10
business days after receiving any additional pass-through funds.
Sec. 1024. From the funds appropriated in part 1 for business
attraction and community revitalization, not less than
$20,000,000.00 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. 1031. The fund shall 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 April 15 on the spending plan for the line items for
entrepreneurship eco-system and business attraction and community
revitalization. If the spending plan for the fiscal year is changed
after that date, the fund shall notify the report recipients listed
previously within 10 business days.
Sec. 1032. (1) The Michigan film office shall report to the
subcommittees and the fiscal agencies on the status of the film
incentives at the same time as it submits the annual report
required under section 455 of the Michigan business tax act, 2007
PA 36, MCL 208.1455. The department of treasury and the fund shall
provide the Michigan film office with the data necessary to prepare
the report. Incentives included in the report shall include all of
the following:
(a) The tax credit provided under section 455 of the Michigan
business tax act, 2007 PA 36, MCL 208.1455.
(b) The tax credit provided under section 457 of the Michigan
business tax act, 2007 PA 36, MCL 208.1457.
(c) The tax credit provided under section 459 of the Michigan
business tax act, 2007 PA 36, MCL 208.1459.
(d) The amount of any tax credit claimed under former section
367 of the income tax act of 1967, 1967 PA 281.
(e) Any tax credits provided for film and digital media
production under the Michigan economic growth authority act, 1995
PA 24, MCL 207.801 to 207.810.
(f) Loans to an eligible production company or film and
digital media private equity fund authorized under section 88d(3),
(4), and (5) of the Michigan strategic fund act, 2005 PA 225, MCL
125.2088d.
(g) Any spending or activities supported by the appropriations
in part 1 for film incentives.
(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. For
each film incentive awarded, including any program to support and
promote a qualified facility and other film infrastructure as
defined in section 29h of the Michigan strategic fund act, 1984 PA
270, MCL 125.2029h, the total funding awarded for each of the
following:
(i) Direct production expenditures.
(ii) Michigan personnel expenditures.
(iii) Crew personnel expenditures.
(iv) Qualified personnel expenditures.
(v) Postproduction expenditures.
(vi) Qualified facility or infrastructure expenditures.
(vii) Spending for program administration.
(b) For credits authorized under section 455 of the Michigan
business tax act, 2007 PA 36, MCL 208.1455, for productions
completed by December 31, the expenditures of each production
eligible for the credit that has filed a request for certificate of
completion with the film office, broken down into expenditures for
goods, services, or salaries and wages and showing separately
expenditures in each local unit of government, including
expenditures for personnel, whether or not they were made to a
Michigan entity, and whether or not they were taxable under the
laws of this state. For loans, the report shall include the number
of loans that have been fully repaid, with principal and interest
shown separately, and the number of loans that are delinquent or in
default, and the amount of principal that is delinquent or is in
default.
(c) For each of the tax credit incentives, loan incentives,
and film incentives listed in subsection (1), a breakdown for each
project or production showing each of the following:
(i) The number of temporary jobs created.
(ii) The number of permanent jobs created.
(iii) The number of persons employed in Michigan as a result
of the incentive, on a full-time equated basis.
(3) For any information not included in the report due to the
provisions of section 455(6), 457(6), or 459(6) of the Michigan
business tax act, 2007 PA 36, MCL 208.1455, 208.1457, and 208.1459,
the report shall do all of the following:
(a) Indicate how the information would describe the commercial
and financial operations or intellectual property of the company.
(b) Attest that the information has not been publicly
disseminated at any time.
(c) Describe how disclosure of the information may put the
company at a competitive disadvantage.
(4) Any information not disclosed due to the provisions of
section 455(6), 457(6), or 459(6) of the Michigan business tax act,
2007 PA 36, MCL 208.1455, 208.1457, and 208.1459, shall be
presented at the lowest level of aggregation that would no longer
describe the commercial and financial operations or intellectual
property of the company.
Sec. 1033. The Michigan film office shall report to the
chairpersons of the senate and house of representatives standing
committees on appropriations subcommittees on general government
and the senate and house fiscal agencies on the status of the film
incentives approved under section 29h of the Michigan strategic
fund act, 1984 PA 270, MCL 125.2029h, not later than 30 days
following the end of each quarter of the fiscal year. The report
shall include all of the following:
(a) Direct and indirect economic impacts in this state
attributable to the assistance.
(b) Direct and indirect job creation in this state
attributable to the assistance.
(c) Direct and indirect private investment in this state
attributable to the assistance.
(d) The name of each eligible production company and the
amount of each incentive disbursed for each state certified
qualified production.
Sec. 1033b. For funds appropriated in part 1 from the general
fund/general purpose revenue and used for the purpose of the
Michigan strategic fund - film incentive program, the applicable
percentage of the state certified qualified production expenditures
provided in section 29h(3)(d) of the Michigan strategic fund act,
1984 PA 270, MCL 125.2029h, shall be determined based on the
effective date of the agreement.
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 senate and house of
representatives appropriations subcommittees on general government,
the senate and house fiscal agencies, and the state budget office
by March 15.
Sec. 1035. (1) From the appropriation 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 fund shall publish proposed
application criteria, instructions, and forms for use by eligible
applicants. The fund 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.
(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 the programs listed below
shall be transferred to the specific funds designated by statute
for those programs as follows:
(a) The business attraction and community revitalization funds
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.
(b) The film incentives program funds shall be transferred to
the Michigan film promotion fund established in the Michigan
strategic fund act, 1984 PA 270, MCL 125.2029d.
(2) Funds transferred to the 21st century jobs trust fund or
Michigan film promotion 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. 1039. The fund shall provide a report by February 15 to
the senate and house of representatives standing committees on
appropriations subcommittees on general government, the state
budget director, and the fiscal agencies on the status of the
skilled trades training program 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 or other
funding source for each awardee project.
(d) Training models established by each awardee.
(e) The number of individuals enrolled in a skilled trades
training program by awardee.
(f) The number of individuals who completed the program and
were hired by awardee.
(g) The number of applications received and the number of
applications approved for each region.
Sec. 1039b. As a condition of receiving funds in part 1 for
the skilled trades training program, the fund shall administer the
program as follows:
(a) The fund shall work cooperatively with grantees to
maximize the amount of funds from part 1 that are available for
direct training.
(b) The fund and workforce development partners, including
regional Michigan Works! agencies, shall collaborate and work
cooperatively to prioritize and streamline the expenditure of the
funds appropriated in part 1. The fund shall ensure that the
skilled trades training program provides a collaborative statewide
network of workforce and employee skill development partners that
addresses the employee talent needs throughout the state.
(c) The fund shall ensure that grants are distributed for
individual skill enhancement for employees of Michigan businesses.
Funds shall not be distributed to program and process centered
training organization employers.
(d) The fund 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 fund website and distributed to local Michigan Works! agencies
by October 1. Periodic assessments of employer and employee needs
shall be evaluated on a regional basis, and the fund shall identify
solutions and goals to be implemented to satisfy those needs. The
fund shall notify the senate and house of representatives standing
committees on appropriations, the senate and house of
representatives standing committees on appropriations subcommittees
on general government, the senate and house fiscal agencies, and
the state budget office on any program goal, solution, or guidance
changes not fewer than 14 days prior to the finalization and
publication of the changes. Revenues received by the fund for the
skilled trades training program are appropriated and may be
expended for purposes of the program.
(e) Up to $5,000,000.00 of the funds may be expended to match
federal funds when a Michigan company has utilized its favored
status designation from the investing in manufacturing communities
partnership to receive an award from the federal government.
Advance Michigan is the multijurisdictional collaborative working
with this partnership. The intent of Advance Michigan is to assist
businesses in securing federal funding opportunities and provide
matching funds in support of advancing Michigan as a global center
for advanced automotive manufacturing. 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. 1040. As a condition of receiving funds in part 1, the
fund shall utilize MAIN, or a successor MDTMB-administered
administrative information system used across state government, as
an appropriation and expenditure reporting system to track all
financial transactions with individual vendors, contractual
partners, grantees, recipients of business incentives, and
recipients of other economic assistance. Encumbrances and
expenditures shall be reported in a timely manner.
Sec. 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 appropriations for business attraction and community
revitalization, or a predecessor, in 2011 PA 63, 2012 PA 200, 2013
PA 59, and 2014 PA 252, 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 senate and
house of representatives standing committees on appropriations
subcommittees on general government, the senate and house fiscal
agencies, and the state budget office.
Sec. 1045. Total authorized appropriations from all sources
under part 1 for legacy costs for the fiscal year ending September
30, 2016 are $18,468,200.00. From this amount, total agency
appropriations for pension-related legacy costs are estimated at
$10,482,500.00. Total agency appropriations for retiree health care
legacy costs are estimated at $7,985,700.00.
Sec. 1050. (1) The fund shall publish the "activities
classification structure data book" for Michigan community colleges
on or before March 1.
(2) The fund shall compile information received from community
colleges on North American Indian tuition waivers granted pursuant
to 1976 PA 174, MCL 390.1251 to 390.1253, and shall submit this
compilation to the house and senate appropriations subcommittees on
community colleges, the fiscal agencies, and the state budget
director by March 1.
(3) The fund shall compile information received from community
colleges on the number and types of associate degrees and other
certificates awarded during the previous fiscal year and shall
submit this compilation to the house and senate appropriations
subcommittees on community colleges, the fiscal agencies, and the
state budget director by March 1.
(4) The fund shall place the reports required in this section
on a publicly available website.
Sec. 1052. The fund shall provide a report to the senate and
house of representatives appropriations general government
subcommittees, the senate and house fiscal agencies, and the state
budget director no later than April 15, 2016 on the status of
projects by award recipient in an annual report to the legislature
as required in the Michigan strategic fund act, 1984 PA 270, MCL
125.2001 to 125.2094.
Sec. 1054. From the funds appropriated in part 1 for workforce
programs subgrantees, the fund may allocate funding for grants to
nonprofit organizations that offer programs to workforce investment
act of 1998, 29 USC 2801 to 2945, or the workforce innovation and
opportunity act 29 USC 3101 to 3361, eligible youth focusing on
entrepreneurship, apprenticeship, 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 fund shall develop other appropriate eligibility requirements
to ensure compliance with applicable federal rules and regulations.
Sec. 1057. From the appropriations in part 1 for
entrepreneurship eco-system, the fund board may allocate funding
for the aerospace supplier development program. Any funds allocated
by the fund board to the aerospace supplier development program
managed by the Michigan aerospace manufacturer's association shall
be used to support the following business development services:
(a) Develop robust supplier-OEM networks using an innovative
aggregate demand model (ADM).
(b) Facilitate the adoption of digital manufacturing and
modeling, simulation and analysis (MSA) for aerospace suppliers.
(c) Advance aerospace workforce development.
(d) Host funding and investment strategy meetings for
aerospace suppliers.
(e) Mentor disadvantaged suppliers.
(f) Provide internship programs to retain Michigan trained
engineers for Michigan located aerospace companies.
MICHIGAN STRATEGIC FUND - WORKFORCE DEVELOPMENT
Sec. 1060. The fund shall administer the PATH training program
in accordance with the requirements of section 407(d) of title IV
of the social security act, 42 USC 607, the state social welfare
act, 1939 PA 280, MCL 400.1 to 400.119b, and all other applicable
laws and regulations.
Sec. 1062. The fund 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 investment
act of 1998, 29 USC 2801 to 2945, 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 fund shall report by February 1 to the subcommittees,
the fiscal agencies, and the state budget office on the amount by
fiscal year of federal workforce investment act of 1998, 29 USC
2801 to 2945, workforce innovation and opportunity act, 29 USC 3101
to 3361, funds appropriated under this section.
Sec. 1064. As a condition of receiving the funds appropriated
in part 1 for workforce program administration and workforce
development programs, the fund shall provide a report by September
30 to the senate and house of representatives standing committees
on appropriations subcommittees on general government, the state
budget director, and the senate and house fiscal agencies on the
status of each discrete workforce development agency program
supported by funds appropriated in part 1 for workforce program
administration and workforce development programs. The status
report shall include, at a minimum, actual revenues received by the
fund source and funds appropriated for each discrete workforce
development program area.
Sec. 1068. (1) Of the funds appropriated in part 1 for the
workforce training programs, the fund shall provide a report by
February 15 to the senate and house of representatives standing
committees on appropriations subcommittees on general government,
the state budget director, and the 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 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.
(2) Data collection for the report shall be for the prior
fiscal year.
Sec. 1069. (1) The funds appropriated in part 1 for the GED-
to-school program are for the purpose of funding the cost of GED
testing and certification as provided by this section. The
workforce development agency shall administer a Michigan GED-to-
school program, which shall cover the cost of providing the GED
test free of charge to individuals who meet all of the following
requirements:
(a) The individual has not previously been administered a GED
test free of charge under this section.
(b) The individual meets at least 1 of the following
requirements:
(i) Prior to taking the GED test, the individual successfully
completed a WDA-approved GED preparation program.
(ii) Prior to taking the GED test, the individual completes
the official GED practice test and the individual's score indicates
that he or she is likely to pass.
(2) A WDA-approved GED preparation program shall include all
of the following:
(a) Instructional and tutorial assistance.
(b) GED 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) By January 1, 2016, the workforce development agency shall
post online an announcement of the Michigan GED-to-school program,
minimum standards for GED preparation program approval, and
approval procedures.
(4) By April 1, 2016, the workforce development agency shall
do all of the following:
(a) Develop procedures consistent with this section under
which individuals can take the GED test without charge.
(b) Provide program information for educators and students on
the workforce development agency website, including explanations of
the procedures developed under subdivisions (a) and (b), 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, 2016, the workforce development agency
shall report to the senate and house appropriations subcommittees
on general government, the senate and house fiscal agencies, and
the state budget director on utilization of the GED incentive
program, including numbers of GED 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 in part 1 and in article
VIII of 2014 PA 252 for the GED-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 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 GED
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 $500,100.00.
(d) The tentative completion date is September 30, 2020.
Sec. 1071. (1) From the funds appropriated in part 1 for
business attraction and community revitalization, the MSF shall
continue with strategic investments that create jobs and support
community redevelopment to grow Michigan's economy.
(2) The Michigan strategic fund shall identify specific
outcomes and performance metrics for this initiative, including,
but not limited to, the following:
(a) Monthly total jobs.
(b) Private investment for community projects.
STATE BUILDING AUTHORITY
Sec. 1101. (1) Subject to section 242 of the management and
budget act, 1984 PA 431, MCL 18.1242, and upon the approval of the
state building authority, the department may expend from the
general fund of the state during the fiscal year an amount to meet
the cash flow requirements of those state building authority
projects solely for lease to a state agency identified in both part
1 and this section, and for which state building authority bonds or
notes have not been issued, and for the sole acquisition by the
state building authority of equipment and furnishings for lease to
a state agency as permitted by 1964 PA 183, MCL 830.411 to 830.425,
for which the issuance of bonds or notes is authorized by a
legislative appropriation act that is effective for the fiscal year
ending September 30, 2015. Any general fund advances for which
state building authority bonds have not been issued shall bear an
interest cost to the state building authority at a rate not to
exceed that earned by the state treasurer's common cash fund during
the period in which the advances are outstanding and are repaid to
the general fund of the state.
(2) Upon sale of bonds or notes for the projects identified in
part 1 or for equipment as authorized by a legislative
appropriation act and in this section, the state building authority
shall credit the general fund of the state an amount equal to that
expended from the general fund plus interest, if any, as defined in
this section.
(3) For state building authority projects for which bonds or
notes have been issued and upon the request of the state building
authority, the state treasurer shall make advances without interest
from the general fund as necessary to meet cash flow requirements
for the projects, which advances shall be reimbursed by the state
building authority when the investments earmarked for the financing
of the projects mature.
(4) In the event that a project identified in part 1 is
terminated after final design is complete, advances made on behalf
of the state building authority for the costs of final design shall
be repaid to the general fund in a manner recommended by the
director.
Sec. 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 2015-2016
Beginning
Available Estimated Ending
Fund Balance Revenue Balance
OPERATING FUNDS
General fund/general purpose 0110 0.3 9,604.1 28.9
General fund/special purpose 612.5 26,410.4 10.6
Special Revenue Funds:
Countercyclical budget and
economic stabilization 0111 497.7 113.0 610.7
Game and fish protection 0112 3.3 82.9 3.1
Michigan employment security act
administration 0113 0.0 37.4 0.0
State aeronautics 0114 2.3 12.6 0.0
Michigan veterans' benefit
trust 0115 3.5 3.5 3.5
State trunkline 0116 0.0 809.6 0.0
Michigan state waterways 0117 5.4 26.6 4.3
Blue Water Bridge 0118 0.0 24.0 0.0
Michigan transportation 0119 0.0 1,981.3 0.0
Comprehensive transportation 0120 5.1 267.3 0.0
School aid 0122 455.1 14,338.7 119.8
Game and fish protection trust 0124 0.0 16.6 0.0
State park improvement 0125 4.7 55.7 4.1
Forest development 0126 7.7 35.9 6.9
Michigan natural resources
trust 0129 27.4 33.7 32.1
Michigan state parks endowment 0130 12.5 48.4 10.2
Safety education and training 0131 5.2 9.8 3.8
Bottle deposit 0136 10.8 13.3 3.3
State construction code 0138 1.0 13.0 4.4
Children's trust 0139 1.5 3.1 1.8
State casino gaming 0140 0.7 0.2 0.9
Michigan nongame fish and
wildlife 0143 0.4 0.5 0.3
Michigan merit award trust 0154 75.7 100.2 75.0
Outdoor recreation legacy 0162 0.4 2.6 0.3
Off-road vehicle account 0163 4.6 6.7 4.1
Snowmobile account 0164 4.5 9.9 3.3
Silicosis dust disease
and logging 0870 1.4 0.7 0.9
Utility consumer representation 0893 2.1 1.2 1.9
TOTALS $1,745.8 $54,062.9 $934.2
PART 2A
PROVISIONS CONCERNING ANTICIPATED APPROPRIATIONS
FOR FISCAL YEAR 2016-2017
GENERAL SECTIONS
Sec. 1301. It is the intent of the legislature to provide
appropriations for the fiscal year ending on September 30, 2017 for
the line items listed in part 1. The fiscal year 2016-2017
appropriations are anticipated to be the same as those for fiscal
year 2015-2016, except that the line items will be adjusted for
changes in caseload and related costs, federal fund match rates,
economic factors, and available revenue. These adjustments will be
determined after the January 2016 consensus revenue estimating
conference.
ARTICLE X
DEPARTMENT OF HUMAN SERVICES
PART 1
LINE-ITEM APPROPRIATIONS
Sec. 101. There is appropriated for the department of human
services for the fiscal year ending September 30, 2016, from the
following funds:
DEPARTMENT OF HUMAN SERVICES
APPROPRIATION SUMMARY
Full-time equated classified positions....... 12,037.9
Full-time equated unclassified positions.......... 3.0
Total full-time equated positions............ 12,040.9
GROSS APPROPRIATION.................................... $ 5,721,385,100
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 24,260,300
ADJUSTED GROSS APPROPRIATION........................... $ 5,697,124,800
Federal revenues:
Social security act, temporary assistance for needy
families............................................. 514,809,500
Capped federal revenues................................ 583,619,500
Federal supplemental security income................... 8,588,600
Total other federal revenues........................... 3,432,519,200
Special revenue funds:
Total private revenues................................. 26,356,900
Total local revenues................................... 45,441,300
Total other state restricted revenues.................. 117,333,400
State general fund/general purpose..................... $ 968,456,400
Sec. 102. DEPARTMENTWIDE ADMINISTRATION
Total full-time equated positions............... 690.5
Full-time equated unclassified positions.......... 3.0
Full-time equated classified positions.......... 687.5
Unclassified salaries--3.0 FTE positions............... $ 451,000
Central administration--274.5 FTE positions............ 28,460,000
Contractual services, supplies, and materials.......... 12,680,800
Demonstration projects staff--7.0 FTE positions........ 100
Demonstration projects program......................... 6,805,000
Office of inspector general--130.0 FTE positions....... 13,236,300
AFC, children's welfare and day care licensure staff--
276.0 FTE positions.................................. 25,611,100
AFC, children's welfare and day care licensure program. 8,884,000
State office of administrative hearings and rules...... 8,353,900
Travel................................................. 9,208,900
Rent and state office facilities....................... 46,771,900
Worker's compensation.................................. 2,461,300
Terminal pay and other employee costs.................. 10,320,200
GROSS APPROPRIATION.................................... $ 173,244,500
Appropriated from:
Interdepartmental grant revenues:
IDG from department of education....................... 14,668,900
Federal revenues:
Social security act, temporary assistance for needy
families............................................. 23,539,700
Capped federal revenues................................ 23,770,200
Total other federal revenues........................... 47,801,500
Special revenue funds:
Total private revenues................................. 3,806,800
Total local revenues................................... 16,400
Total other state restricted revenues.................. 5,400
State general fund/general purpose..................... $ 59,635,600
Sec. 103. CHILD SUPPORT ENFORCEMENT
Full-time equated classified positions.......... 185.7
Child support enforcement operations staff--179.7 FTE
positions............................................ $ 17,982,600
Child support enforcement operations program........... 3,928,000
Legal support contracts................................ 113,359,100
Child support incentive payments....................... 24,409,600
State disbursement unit staff--6.0 FTE positions....... 816,000
State disbursement unit program........................ 7,264,700
GROSS APPROPRIATION.................................... $ 167,760,000
Appropriated from:
Federal revenues:
Capped federal revenues................................ 1,735,000
Total other federal revenues........................... 142,479,400
State general fund/general purpose..................... $ 23,545,600
Sec. 104. COMMUNITY SERVICES AND OUTREACH
Full-time equated classified positions........... 46.6
Bureau of community services and outreach staff--16.0
FTE positions........................................ $ 1,587,600
Bureau of community services and outreach program...... 478,000
Community services block grant......................... 25,840,000
Weatherization assistance.............................. 16,340,000
Homeless programs...................................... 14,721,900
Domestic violence prevention and treatment staff--14.6
FTE positions........................................ 1,133,400
Domestic violence prevention and treatment program..... 14,593,700
Rape prevention and services staff--0.5 FTE position... 50,900
Rape prevention and services program................... 5,021,400
Child advocacy centers staff--0.5 FTE position......... 50,900
Child advocacy centers program......................... 1,949,100
Michigan community service commission staff--15.0 FTE
positions............................................ 1,120,800
Michigan community service commission program.......... 10,473,100
GROSS APPROPRIATION.................................... $ 93,360,800
Appropriated from:
Federal revenues:
Social security act, temporary assistance for needy
families............................................. 11,223,100
Capped federal revenues................................ 66,215,400
Total private revenues................................. 44,100
Compulsive gambling prevention fund.................... 1,040,500
Sexual assault victims' treatment fund................. 3,000,000
Child advocacy centers fund............................ 2,000,000
State general fund/general purpose..................... $ 9,837,700
Sec. 105. ADULT PROTECTIVE AND SUPPORT SERVICES
Full-time equated classified positions.......... 443.0
Guardian contract...................................... $ 540,200
Adult services policy and administration staff--18.0
FTE positions........................................ 900,100
Adult services policy and administration program....... 1,379,300
Elder law of Michigan MiCAFE contract.................. 350,000
Elder abuse prosecuting attorney....................... 300,000
Adult services field staff--425.0 FTE positions........ 43,807,400
GROSS APPROPRIATION.................................... $ 47,277,000
Appropriated from:
Federal revenues:
Capped federal revenues................................ 17,558,800
Total other federal revenues........................... 14,561,300
State general fund/general purpose..................... $ 15,156,900
Sec. 106. CHILD WELFARE SERVICES
Full-time equated classified positions........ 3,835.2
Children's services administration--166.0 FTE
positions............................................ $ 18,637,200
Title IV-E compliance and accountability office--4.0
FTE positions........................................ 412,000
Child welfare institute staff--45.0 FTE positions...... 4,698,100
Child welfare institute program........................ 2,989,300
Child welfare field staff - caseload compliance--
2,511.0 FTE positions................................ 225,483,300
Child welfare field staff - noncaseload compliance--
320.0 FTE positions.................................. 32,881,200
Education planners--15.0 FTE positions................. 1,485,300
Peer coaches--45.5 FTE positions....................... 5,567,700
Child welfare first line supervisors--578.0 FTE
positions............................................ 70,618,000
Second line supervisors and technical staff--54.0 FTE
positions............................................ 8,650,900
Permanency resource managers--28.0 FTE positions....... 3,095,400
Contractual services, supplies, and materials.......... 9,274,000
Settlement monitor..................................... 1,885,800
Foster care payments................................... 189,048,900
Guardianship assistance program........................ 8,807,000
Child care fund........................................ 181,448,900
Child care fund administration staff--6.2 FTE
positions............................................ 760,300
Child care fund administration program................. 27,800
Adoption subsidies..................................... 238,884,600
Adoption support services staff--10.0 FTE positions.... 896,200
Adoption support services program...................... 25,997,400
Youth in transition staff--4.5 FTE positions........... 475,700
Youth in transition program............................ 14,431,200
Child welfare medical/psychiatric evaluations.......... 8,735,500
Psychotropic oversight................................. 618,200
Performance based funding implementation--3.0 FTE
positions............................................ 1,272,100
Serious emotional disturbance mental health services... 6,340,500
Interstate compact..................................... 179,600
Strong families/safe children.......................... 12,350,100
Family preservation and prevention services
administration staff--9.0 FTE positions.............. 951,800
Family preservation and prevention services
administration program............................... 311,300
Child abuse and neglect - children's justice act
staff--1.0 FTE position.............................. 101,700
Child abuse and neglect - children's justice act
program.............................................. 517,400
Children's trust fund staff--12.0 FTE positions........ 899,400
Children's trust fund program.......................... 2,222,700
Attorney general contract.............................. 4,224,900
Prosecuting attorney contracts......................... 2,561,700
Child protection....................................... 873,900
Child protection and permanency staff--23.0 FTE
positions............................................ 1,066,900
Child protection and permanency program................ 11,323,800
Family reunification program........................... 6,240,200
Family preservation and prevention services programs... 1,000,000
Families first......................................... 16,476,600
GROSS APPROPRIATION.................................... $ 1,124,724,500
Appropriated from:
Interdepartmental grant revenues:
IDG from department of education....................... 89,100
Federal revenues:
Social security act, temporary assistance for needy
families............................................. 276,216,200
Capped federal revenues................................ 111,988,000
Total other federal revenues........................... 257,438,100
Special revenue funds:
Private - collections.................................. 2,452,400
Local funds - county chargeback........................ 16,517,200
Children's trust fund.................................. 2,076,900
State general fund/general purpose..................... $ 457,946,600
Sec. 107. JUVENILE JUSTICE SERVICES
Full-time equated classified positions.......... 181.0
W.J. Maxey Training School staff--69.0 FTE positions... $ 8,416,400
W.J. Maxey Training School program..................... 1,079,500
Bay Pines Center staff--42.0 FTE positions............. 4,265,100
Bay Pines Center program............................... 558,000
Shawono Center staff--42.0 FTE positions............... 4,443,900
Shawono Center program................................. 464,300
County juvenile officers............................... 3,904,300
Community support services staff--3.0 FTE positions.... 303,900
Community support services program..................... 1,794,000
Juvenile justice administration and maintenance
staff--22.0 FTE positions............................ 2,092,600
Juvenile justice administration and maintenance
program.............................................. 1,499,200
Juvenile accountability block grant staff--0.5 FTE
position............................................. 50,900
Juvenile accountability block grant program............ 1,230,400
Committee on juvenile justice administration staff--
2.5 FTE position..................................... 247,900
Committee on juvenile justice administration program... 95,600
Committee on juvenile justice grants................... 3,000,000
In-home community care................................. 400,000
Juvenile justice vision 20/20.......................... 100
GROSS APPROPRIATION.................................... $ 33,846,100
Appropriated from:
Federal revenues:
Capped federal revenues................................ 5,886,400
Special revenue funds:
Local funds - state share education funds.............. 2,189,900
Local funds - county chargeback........................ 9,248,900
State general fund/general purpose..................... $ 16,520,900
Sec. 108. FIELD OPERATIONS AND SUPPORT SERVICES
Full-time equated classified positions........ 6,063.5
Public assistance field staff--4,693.5 FTE positions... $ 463,295,300
Contractual services, supplies, and materials.......... 17,224,900
Healthy Michigan plan administration................... 13,961,300
Medical/psychiatric evaluations........................ 1,420,100
Donated funds positions staff--538.0 FTE positions..... 58,802,600
Donated funds positions program........................ 1,345,000
Training and program support staff--17.0 FTE positions. 1,774,900
Training and program support program................... 272,800
Volunteer services and reimbursement................... 942,400
Field policy and administration staff--66.0 FTE
positions............................................ 8,252,000
Field policy and administration program................ 142,000
Nutrition education--2.0 FTE positions................. 23,036,600
Employment and training support services............... 4,219,100
Michigan rehabilitation services staff--526.0 FTE
positions............................................ 52,895,600
Michigan rehabilitation services program............... 92,959,800
Independent living..................................... 4,788,600
Wage employment verification reporting................. 847,300
Electronic benefit transfer............................ 8,509,000
Administrative support workers--221.0 FTE positions.... 12,453,700
GROSS APPROPRIATION.................................... $ 767,143,000
Appropriated from:
Interdepartmental grant revenues:
IDG from department of corrections..................... 100,000
IDG from department of education....................... 7,503,700
Federal revenues:
Social security act, temporary assistance for needy
families............................................. 132,010,900
Capped federal revenues................................ 134,257,100
Federal supplemental security income................... 8,588,600
Total other federal revenues........................... 240,674,500
Special revenue funds:
Local funds............................................ 10,934,300
Local vocational rehabilitation match.................. 6,534,600
Private funds - donated funds.......................... 18,199,000
Private - gifts, bequeaths, and donations.............. 1,854,600
Rehabilitation service fees............................ 1,442,000
Second injury fund..................................... 149,400
State general fund/general purpose..................... $ 204,894,300
Sec. 109. DISABILITY DETERMINATION SERVICES
Full-time equated classified positions.......... 587.4
Disability determination operations staff--583.3 FTE
positions............................................ $ 78,646,900
Disability determination operations program............ 30,773,000
Retirement disability determination staff--4.1 FTE
positions............................................ 449,000
Retirement disability determination program............ 142,200
GROSS APPROPRIATION.................................... $ 110,011,100
Appropriated from:
Interdepartmental grant revenues:
IDG from DTMB - office of retirement services.......... 763,800
Federal revenues:
Total federal revenues................................. 106,009,400
State general fund/general purpose..................... $ 3,237,900
Sec. 110. PUBLIC ASSISTANCE
Full-time equated classified positions............ 8.0
Family independence program............................ $ 137,870,300
State disability assistance payments................... 9,894,400
Food assistance program benefits....................... 2,561,003,400
State supplementation.................................. 63,135,000
State supplementation administration................... 2,381,100
Low-income home energy assistance program.............. 174,951,600
Michigan energy assistance program staff--1.0 FTE
position............................................. 449,000
Michigan energy assistance program..................... 49,551,000
Food bank council of Michigan.......................... 1,795,000
Multicultural integration funding...................... 2,765,500
Indigent burial........................................ 4,400,000
Emergency services local office allocations............ 11,008,500
Refugee assistance program staff--7.0 FTE positions.... 816,900
Refugee assistance program............................. 27,149,700
GROSS APPROPRIATION.................................... $ 3,047,171,400
Appropriated from:
Federal revenues:
Social security act, temporary assistance for needy
families............................................. 57,176,200
Capped federal revenues................................ 203,105,100
Total other federal revenues........................... 2,555,511,000
Special revenue funds:
Child support collections.............................. 14,745,600
Low-income energy assistance fund...................... 50,000,000
Supplemental security income recoveries................ 5,763,600
Merit award trust fund................................. 30,100,000
Public assistance recoupment revenue................... 7,010,000
State general fund/general purpose..................... $ 123,759,900
Sec. 111. INFORMATION TECHNOLOGY
Information technology services and projects........... $ 114,969,100
Child support automation............................... 41,877,600
GROSS APPROPRIATION.................................... $ 156,846,700
Appropriated from:
Interdepartmental grant revenues:
IDG from department of education....................... 1,134,800
Federal revenues:
Social security act, temporary assistance for needy
families............................................. 14,643,400
Capped federal revenues................................ 19,103,500
Total other federal revenues........................... 68,044,000
State general fund/general purpose..................... $ 53,921,000
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
FOR FISCAL YEAR 2015-2016
GENERAL SECTIONS
Sec. 201. Pursuant to section 30 of article IX of the state
constitution of 1963, total state spending from state resources
under part 1 for fiscal year 2015-2016 is $1,085,789,800.00 and
state spending from state resources to be paid to local units of
government for fiscal year 2015-2016 is $101,973,200.00. The
itemized statement below identifies appropriations from which
spending to local units of government will occur:
DEPARTMENT OF HUMAN SERVICES
Child care fund........................................ $ 97,822,200
County juvenile officers............................... 3,100,000
State disability assistance payments................... 1,039,300
Family independence program............................ 11,700
TOTAL.................................................. $ 101,973,200
Sec. 202. The appropriations authorized under this part 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) "AFC" means adult foster care.
(b) "Current fiscal year" means the fiscal year ending
September 30, 2016.
(c) "Department" means the department of human services.
(d) "Director" means the director of the department of human
services.
(e) "FTE" means full-time equated.
(f) "IDG" means interdepartmental grant.
(g) "MiCAFE" means Michigan's coordinated access to food for
the elderly.
(h) "PATH" means partnership. accountability. training. hope.
(i) "Previous fiscal year" means the fiscal year ending
September 30, 2015.
(j) "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.
(k) "Temporary assistance for needy families" or "TANF" or
"title IV-A" means part A of title IV of the social security act,
42 USC 601 to 619.
(l) "Title IV-D" means part D of title IV of the social
security act, 42 USC 651 to 669b.
(m) "Title IV-E" means part E of title IV of the social
security act, 42 USC 670 to 679c.
Sec. 204. The civil service commission shall bill departments
and agencies at the end of the first fiscal quarter for the 1%
charge authorized by section 5 of article XI of the state
constitution of 1963. Payments shall be made for the total amount
of the billing by the end of the second fiscal quarter.
Sec. 205. Pursuant 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. 206. (1) For each new program or program expansion for
which funds in excess of $500,000.00 are appropriated in part 1,
the department shall identify specific benchmarks intended to
measure the performance or return on taxpayer investment of the
program and its associated expenditures. Both of the following
apply to the benchmarks:
(a) By November 1, 2015, the department shall report the
proposed benchmarks to the house and senate appropriations
subcommittees on the department budget, the house and senate fiscal
agencies, and the state budget director.
(b) The department shall provide an update on its progress in
achieving the benchmarks at an appropriations subcommittee meeting
called for the purpose of discussing benchmarks and their status.
(2) It is the intent of the legislature that, beginning with
the budget for the fiscal year ending September 30, 2016, any
proposal for a new program or an expansion of an existing program
in excess of $500,000.00 initiated by the executive branch or the
legislature will include, as part of the original proposal or
budget request, a list of benchmarks intended to measure the
performance or return on taxpayer investment of the program or
spending increase.
Sec. 207. (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. 208. Unless otherwise specified, the department shall use
the Internet to fulfill the reporting requirements of this part.
This requirement shall include transmission of reports via
electronic mail to the recipients identified for each reporting
requirement, and it shall include placement of reports on the
Internet.
Sec. 209. Funds appropriated in part 1 shall not be used for
the purchase of foreign goods or services, or both, if
competitively priced and of comparable quality American goods or
services, or both, are available. Preference should be given to
goods or services, or both, manufactured or provided by Michigan
businesses, if they are competitively priced and of comparable
quality. In addition, preference should be given to goods or
services, or both, that are manufactured or provided by Michigan
businesses owned and operated by veterans, if they are
competitively priced and of comparable quality.
Sec. 211. 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. 212. (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 or current year revenues
that are in excess of the authorized amount.
(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. 213. 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 executive operations appropriation unit.
Sec. 214. On a quarterly basis, the department shall report on
the number of FTEs in pay status by type of staff.
Sec. 215. If a legislative objective of this part or of a bill
or amendment to a bill to amend the social welfare act, 1939 PA
280, MCL 400.1 to 400.119b, cannot be implemented because
implementation would conflict with or violate federal regulations,
the department shall notify the state budget director, the chairs
of the house and senate subcommittees on the department budget, and
the house and senate fiscal agencies and policy offices of that
fact.
Sec. 217. 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. 218. 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. 219. 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. 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. If the revenue collected by the department from
private and local sources exceeds the amount spent from amounts
appropriated in part 1, the revenue may be carried forward, with
approval from the state budget director, into the subsequent fiscal
year.
Sec. 222. (1) The department shall provide written
notification to the chairpersons of the senate and house
appropriations subcommittees on the budget for the department of
any policy changes at least 30 days before the implementation date.
(2) The department shall make the entire policy and procedures
manual available and accessible to the public via the department
website.
(3) The department shall report no later than 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, and the senate and house
fiscal agencies. The department shall attach each policy bulletin
issued during the prior calendar year to this report.
Sec. 229. Unless already provided in the previous 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 by March 1 of the current fiscal year a report on the
recommendations of the workgroup on aligning spending on Michigan
Works! job readiness programs with the declining family
independence program caseload. The report shall include, but is not
limited to, the proposed amount of TANF funding provided to
Michigan Works!
Sec. 234. The department shall include specific outcome and
performance reporting requirements in the interagency agreement
with the Michigan strategic fund for TANF funding to provide job
readiness and welfare-to-work programming. TANF funding provided to
the Michigan strategic fund 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 strategic fund to provide all of the following items
by December 1 of the current fiscal year for the previous 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 (FIP) 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.
Sec. 240. 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 not less than 30
days before the change takes effect.
Sec. 250. Amounts appropriated in part 1 for information
technology may be designated as work projects and carried forward
to support technology projects under the direction of the
department of technology, management, and budget. Funds designated
in this manner are not available for expenditure until approved as
work projects under section 451a of the management and budget act,
1984 PA 431, MCL 18.1451a.
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. 265. 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, 2015 and September 30, 2016.
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
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, 2015 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) By February 15 of the current fiscal year, the department
shall prepare an annual report of its efforts to identify
additional 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. 279. (1) All master contracts relating to human services
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. 284. (1) In addition to the funds appropriated in part 1,
there is appropriated an amount not to exceed $200,000,000.00 for
federal contingency funds. These funds are not available for
expenditure until they have been transferred to another line item
in part 1 under section 393(2) of the management and budget act,
1984 PA 431, MCL 18.1393. These funds shall not be made available
to increase TANF authorization.
(2) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $5,000,000.00 for state
restricted contingency funds. These funds are not available for
expenditure until they have been transferred to another line item
in part 1 under section 393(2) of the management and budget act,
1984 PA 431, MCL 18.1393.
(3) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $20,000,000.00 for local
contingency funds. These funds are not available for expenditure
until they have been transferred to another line item in part 1
under section 393(2) of the management and budget act, 1984 PA 431,
MCL 18.1393.
(4) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $20,000,000.00 for private
contingency funds. These funds are not available for expenditure
until they have been transferred to another line item in part 1
under section 393(2) of the management and budget act, 1984 PA 431,
MCL 18.1393.
Sec. 290. Any public advertisement for state assistance shall
also inform the public of the welfare fraud hotline operated by the
department.
Sec. 292. By the first day of each month of the current fiscal
year, the department shall report on the status of the merger,
executed under Executive Order No. 2015-4, of the department of
community health and the department of human services to create the
department of health and human services. The report shall be
provided to the house and senate appropriations subcommittees on
community health, the house and senate appropriations subcommittees
on human services, and the house and senate fiscal agencies. The
report shall include, but not be limited to, the current status of
FTE positions, facilities in use, services including restructuring
or consolidation, efficiencies, and estimated savings or costs
associated with the merger. The report shall indicate changes from
the prior report.
Sec. 296. 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. 297. Total authorized appropriations from all sources
under part 1 for legacy costs for the fiscal year ending September
30, 2016 is $271,619,000.00. From this amount, total agency
appropriations for pension-related legacy costs are estimated at
$154,170,400.00. Total agency appropriations for retiree health
care legacy costs are estimated at $117,448,600.00.
Sec. 298. 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. 299. 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.
DEPARTMENTWIDE ADMINISTRATION
Sec. 307. (1) From the funds appropriated in part 1 for
demonstration projects, $400,000.00 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, 26 USC
501(c)(3), and whose mission is to coordinate and support a
statewide 2-1-1 system. Michigan 2-1-1 shall use the funds only to
fulfill the Michigan 2-1-1 business plan adopted by Michigan 2-1-1
in January 2005.
(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 2-1-1 shall report annually to the department and
the house and senate standing committees with primary jurisdiction
over matters relating to human services and telecommunications on
2-1-1 system performance, including, but not limited to, call
volume by community health and human service needs and unmet needs
identified through caller data and customer satisfaction metrics.
Sec. 310. It is the intent of the legislature that the
department shall work with youth-oriented nonprofit organizations
to provide mentoring programming for children of incarcerated
parents and other at-risk children.
Sec. 315. The department, in conjunction with the department
of community health, organizations representing disabled and
elderly adults, representatives of assisted living facilities, and
the legislature, shall conduct a workgroup that explores licensing
standards and practices and performance measures for facilities
providing adult assisted living services in order to ensure safe,
adequately supervised, and protective environments for those
individuals and families seeking assisted living services.
Sec. 316. From the funds appropriated in part 1 for terminal
leave payouts and other employee costs, 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.
Sec. 317. (1) From the additional funds appropriated in part 1
for child care licensure from the interdepartmental grant from the
department of education, the department shall increase the number
of child care licensing consultants and staff. The purpose of the
additional staff is to increase the number of monitoring visits to
applicants for a child care license and those who are licensed to
ensure the health and safety of children in early learning settings
across the state.
(2) By February 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 senate and house policy offices detailing the
improvements that the child care licensure program has achieved due
to the increased number of child care licensing consultants who
were hired with the additional funds appropriated in part 1 for
child care licensure.
ADULT PROTECTIVE AND SUPPORT SERVICES
Sec. 401. (1) All funds appropriated in part 1 for independent
living shall be used to support centers for independent living in
delivering mandated independent living core services in compliance
with federal rules and regulations for the centers, by existing
centers for independent living to serve underserved areas, and for
projects to build the capacity of centers for independent living to
deliver independent living services. Applications for the funds
shall be reviewed in accordance with criteria and procedures
established by the department. Funds shall be used in a manner
consistent with the state plan for independent living. Services
provided should assist people with disabilities to move toward
self-sufficiency, including support for accessing transportation
and health care, obtaining employment, community living, nursing
home transition, information and referral services, education,
youth transition services, veterans, and stigma reduction
activities.
(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.
Sec. 402. 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. 403. The department shall provide quarterly status
reports by February 1, May 1, August 1, and November 1 to the house
and senate appropriations subcommittees on the department budget,
the house and senate fiscal agencies, and house and senate policy
offices on the efforts taken to remedy and improve the deficiencies
found in the most recent auditor general report of Michigan
rehabilitation services. The reports 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. 405. It is the intent of the legislature that Michigan
rehabilitation services shall not implement an order of selection
for vocational and rehabilitative services.
Sec. 420. (1) From the funds appropriated in part 1, the
department shall 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 department
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. 423. 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 to participate 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 screen and
information services, as part of a statewide food assistance
hotline.
Sec. 425. 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.
CHILD WELFARE SERVICES
Sec. 501. (1) A goal is established that not more than 27% of
all children in foster care at any given time during the current
fiscal year 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 develop actuarially sound case rates
for necessary out-of-home child welfare services that achieve
permanency by the department and private child placing agencies in
a prospective payment system under a performance-based funding
model.
(2) A prospective rate payment system for private agencies
that includes funding for adoption incentive payments is the
recommended funding model. The full cost prospective rate payment
system will identify and cover contractual costs, paid through the
case rate developed by an actuary.
(3) If not received in the previous fiscal year, the
department shall provide a report on the cost analysis of the
performance-based funding model to the senate and house
appropriations subcommittees on the department budget.
(4) 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
implement a 5-year independent, third-party evaluation of the
performance-based funding model. The evaluator shall be selected
through a competitive process by a rating committee that includes,
but is not limited to, representatives from the department and
private child placing agencies.
(5) The department shall create a readiness model with input
from private child welfare agencies, counties, and courts that
gives direction to self-identified counties and the department
regarding county participation before any further expansion of the
performance-based funding model.
(6) For phase II, the department shall only phase the
implementation of 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 agreed to implement the performance-based funding model.
(7) The department, in conjunction with members from both the
house of representatives and senate, private child placing
agencies, the courts, and counties shall implement the fiscal year
2014-2015 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 a
quarterly report 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.
Sec. 505. By March 1 of the current fiscal year, the
department and Wayne County 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 for youth served in the previous fiscal year and in
the first quarter of the current fiscal year outlining the number
of youth served within each 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, MCL 21.171 to 21.172, is appropriated for expenditure.
(2) The department and the child abuse neglect and 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 quarterly reports 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 health examinations after entry into foster care and the
number and percentage of children entering foster care who received
a required mental health examination after entry into foster care.
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 deputy director
for children's services. The department shall notify the
appropriate state agency in that state including the name of the
out-of-state provider who accepted the placement.
(3) The department shall submit an annual report to the state
court administrative office, 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 number of
Michigan children residing in out-of-state facilities at the time
of the report, 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 (CPS) to the legislature,
including the senate and house policy offices and the state budget
director, by January 1 of the current fiscal year, that shall
include all of the following:
(a) Statistical information including, at a minimum, all of
the following:
(i) The total number of reports of child abuse or neglect
investigated under the child protection law, 1975 PA 238, MCL
722.621 to 722.638, and the number of cases classified under
category I or category II and the number of cases classified under
category III, category IV, or category V.
(ii) Characteristics of perpetrators of child abuse or 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, MCL 722.621 to 722.638.
(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 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 III, category IV, or category V.
(vi) For the reported complaints of child abuse or 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.
(c) The information contained in the report required under
section 8d(5) of the child protection law, 1975 PA 238, MCL
722.628d, on cases classified under category III.
(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. By March 1, 2016, the department shall submit a
report to the senate and house appropriations subcommittees on the
department budget, the senate and house fiscal agencies, the senate
and house policy offices, and the state budget office that provides
an update on the privatization of child welfare services in Kent
County as described in section 515 of article X of 2013 PA 59 and
includes all of the following:
(a) Costs or savings that resulted from the program.
(b) Gaps in funding.
(c) Program successes.
(d) Challenges and barriers to a successful implementation.
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. 522. (1) From the funds appropriated in part 1 for youth
in transition, the department shall allocate $750,000.00 for
college scholarships through the fostering futures scholarship
program in the Michigan education trust to youths who were in
foster care because of child abuse or neglect and are attending a
college located in this state. Of the funds appropriated, 100%
shall be used to fund scholarships for the youths described in this
section.
(2) Not later than 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, and the house and senate policy offices
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 report on the families first, family
reunification, and families together building solutions family
preservation programs 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 report shall contain all of the following for each
program:
(a) The average cost per recipient served.
(b) Measurable performance indicators.
(c) Desired outcomes or results and goals that can be measured
on an annual basis, or desired results for a defined number of
years.
(d) Monitored results.
(e) Innovations that may include savings or reductions in
administrative costs.
(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.
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. 526. From the funds appropriated in part 1 for foster
care payments and related administrative costs, the department may
implement the federally approved title IV-E child welfare waiver
demonstration project. As required under the waiver, any savings
resulting from the demonstration project must be quantified and
reinvested into child welfare programming.
Sec. 532. (1) 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.
(2) The department shall conduct licensing reviews no more
than once every 2 years for child placing agencies and child caring
institutions that are nationally accredited and have no outstanding
violations.
Sec. 533. (1) 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.
(2) The department shall provide a report on the status of the
implementation and operation of this section by February 15 of the
current fiscal year.
Sec. 534. 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 a
report on the planning, implementation, and operation, regardless
of the current operational status, of the statewide automated child
welfare information system. The report shall include, but not be
limited to, all of the following:
(a) Areas where implementation went as planned.
(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.
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 foster care services not less than a $37.00
administrative rate.
(2) From the funds appropriated in part 1 for foster care
payments and from child care fund, the department shall pay
providers of general independent living services not less than a
$28.00 administrative rate.
(3) 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.
(4) From the funds appropriated in part 1, the department
shall pay providers of foster care services an additional $3.00
administrative rate, provided that section 117a of the social
welfare act, 1939 PA 280, MCL 400.117a, is amended to eliminate the
county match rate for the additional administrative rate provided
in this subsection. Payments under this subsection shall be made,
not less than, on a monthly basis.
(5) If required by the federal government to meet title IV-E
requirements, providers of foster care services shall submit
quarterly expenditure reports to the department to identify actual
costs of providing foster care services.
(6) From the funds appropriated in part 1, the department
shall provide an increase to each private provider of residential
services, if section 117a of the social welfare act, 1939 PA 280,
MCL 400.117a, is amended to eliminate the county match rate for the
additional rate provided in this section.
Sec. 547. 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.
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. 563. 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 number and percentage of department employees who had
a satisfactory performance evaluation and the number and percentage
of department employees who had an unsatisfactory performance
evaluation.
Sec. 564. (1) The department shall develop a clear policy for
parent-child visitations. The local county offices, caseworkers,
and supervisors shall meet a 50% success rate, after accounting for
factors outside of the caseworker's control.
(2) Per the court-ordered number of required meetings between
caseworkers and parent, the caseworkers shall achieve a success
rate of 65%, after accounting for factors outside of the
caseworker's control.
(3) By November 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
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.
Sec. 567. (1) The caseworker or supervisor who is assigned to
a foster care case is responsible for completing a medical passport
for the cases assigned to him or her. If a child in foster care is
transferred to a new placement or returned to his or her parent's
or guardian's home, the medical passport and any school records in
the caseworker's or supervisor's possession must be transferred
within 2 weeks from the date of placement or return to the home.
(2) 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 items described in subsection (1), including the
following:
(a) The percentage of medical passports that were properly
filled out.
(b) From the total medical passports transferred, the
percentage that transferred within 2 weeks from the date of
placement or return to the home.
(c) From the total school records, the percentage that
transferred within 2 weeks from the date of placement or return to
the home.
Sec. 568. (1) From the funds appropriated in part 1 for
adoption subsidies, the department shall pay a minimum adoption
subsidy rate that is not less than 95% of the rate that was or
would have been provided for the adoptee in family foster care at
the time of the adoption. This rate includes the determination of
care rate that was paid or would have been paid to the adoptive
parent for the adoptee in a family foster care placement, and this
amount shall be increased to reflect any increase in the standard
age appropriate foster care rate.
(2) "Determination of care rate" as described in this section
means a supplemental payment to the standard age appropriate foster
care rate that may be justified when extraordinary care or expense
is required. The supplemental payment is based on 1 or more of the
following case situations where additional care is required of the
foster care provider or adoptive parent or an additional expense
exists:
(a) Physically disabled children for whom the adoptive parent
must provide measurably greater supervision and care.
(b) Children with special psychological or psychiatric needs
that require extra time and measurably greater amounts of care and
attention by the adoptive parent.
(c) Children requiring special diets that are more expensive
than a normal diet and that require extra time and effort by the
adoptive parent to obtain or prepare.
(d) Children whose severe acting-out or antisocial behavior
requires a measurably greater amount of care and attention of the
adoptive parent.
(3) The department shall, on a separate form, allow an
adoptive parent to sign a certification that he or she rejects a
support subsidy.
(4) If this section conflicts with state statute enacted
subsequent to this part, the state statute controls.
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. 574. (1) From the funds appropriated in part 1 for foster
care payments, $2,500,000.00 is allocated to support performance-
based contracts with child placing agencies to facilitate the
licensure of relative caregivers as foster parents. Agencies shall
receive $2,300.00 for each facilitated licensure if completed
within 180 days after a child's placement or, if a waiver was
previously approved, 180 days from the application date. If the
facilitated licensure, or approved waiver, is completed after 180
days, the agency shall receive up to $2,300.00. The agency
facilitating the licensure would retain the placement and continue
to provide case management services for at least 50% of the newly
licensed cases for which the placement was appropriate to the
agency. Up to 50% of the newly licensed cases would have direct
foster care services provided by the department.
(2) 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.
Sec. 583. By February 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. 587. (1) From the funds appropriated in part 1 to in-home
community care programs including the funds designated as 1-time
basis only, $650,000.00 shall be used to expand or create new in-
home care and community-based juvenile justice services to rural
counties through a grant-making process. Counties that received
funds for the purpose described in section 587 of article X of 2013
PA 59 are not eligible to receive the funds in this section. The
department shall expend the full amount of funds for the purpose
described in this section by September 1 of the current fiscal
year.
(2) By March 1 of the current fiscal year, the department
shall submit a report that describes the program expansion and
expenditures in detail 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. 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, without revision.
(2) The department shall report quarterly to the state budget
office, the senate and house appropriations subcommittees on the
department budget, and the senate and house fiscal agencies, on the
number of children enrolled in the guardianship assistance and
foster care - children with serious emotional disturbance waiver
programs.
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
beginning on October 1, 2013.
(2) On a monthly basis, the department shall report on the
number of all foster care cases administered by the department and
all foster care cases administered by private providers.
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 establish a policy to 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. By November 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 maximizing Medicaid claim workgroup findings
and the steps taken to implement the action plan developed by the
workgroup.
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 which meets
federal supplemental security income disability standards, except
that the minimum duration of the disability shall be 90 days.
Substance abuse 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 abuse treatment
center.
(d) A person receiving 30-day postresidential substance abuse
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 provided that 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 $720.00.
(c) The adult burial without services allowance is $485.00.
(d) The infant burial allowance is $165.00.
(2) It is the intent of the legislature that this charge limit
reflect a total increase of $20.00 per case in payments to funeral
directors for funeral goods and services over the payment rate in
place for the previous fiscal year. In addition, reimbursement for
a cremation permit fee of up to $75.00 and for mileage at the
standard rate will also be made available for an eligible
cremation. The reimbursements under this section shall take into
consideration religious preferences that prohibit cremation.
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. 617. The department shall prepare a report on the number
and percentage of public assistance recipients, categorized by type
of assistance received, who were no longer eligible for assistance
because of their status in the law enforcement information network
and provide the report by February 15 of the current fiscal year 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.
Sec. 619. (1) Subject to subsection (2), the department shall
exempt from the denial of title IV-A assistance and food assistance
benefits under 21 USC 862a any individual who has been convicted of
a felony that included the possession, use, or distribution of a
controlled substance, after August 22, 1996, provided that the
individual is not in violation of his or her probation or parole
requirements. Benefits shall be provided to such individuals as
follows:
(a) A third-party payee or vendor shall be required for any
cash benefits provided.
(b) An authorized representative shall be required for food
assistance receipt.
(2) Subject to federal approval, an individual is not entitled
to the exemption in this section if the individual was convicted in
2 or more separate cases of a felony that included the possession,
use, or distribution of a controlled substance 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 report on May 1 and November 1 of the
current fiscal year 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 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. The department may contract with the legal services
association of Michigan to provide assistance to individuals who
have applied for or wish to apply for SSI or other federal
disability benefits. The legal services association of Michigan
shall provide a list of new clients accepted to the department to
verify that services have been provided to department clients. The
legal services association of Michigan and the department shall
work together to develop release forms to share information in
appropriate cases. The legal services association of Michigan shall
provide quarterly reports indicating cases opened, cases closed,
level of services provided on closed cases, and case outcomes on
closed cases.
Sec. 643. 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 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 which exceed the per
diem amount they received in fiscal year 2000. The use of TANF
funds under this section should not be considered an ongoing
commitment of funding.
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 USC
2015. This exemption can be extended an additional 3 months upon
demonstration of continuing need.
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, and the senate and
house policy offices.
Sec. 660. From the funds appropriated in part 1 for food bank
funding, 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 should not be considered an ongoing commitment of funding.
Sec. 669. The department shall allocate $2,680,000.00 for the
annual clothing allowance. The allowance shall be granted to all
eligible children in a family independence program group that does
not include an adult.
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.
(2) 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. 673. (1) The department shall conduct a workgroup to
investigate means of minimizing fraud in the MIBridges benefits
programs. The members of the workgroup shall include, but are not
limited to, the departments of state, community health, and state
police, and members of the house of representatives and the senate.
The workgroup shall, at a minimum, address the following
possibilities and make recommendations on the implementation of any
of the following items considered feasible:
(a) Whether the department's policies concerning the
replacement of lost bridge cards sufficiently deter improper use of
those cards.
(b) What technologies may exist to deter the sale or other
improper use of bridge cards.
(c) Whether a state driver license or state identification
card might be used to replace the existing bridge cards.
(d) What federal policies exist that may inhibit or enhance
adoption of fraud minimization actions.
(2) By February 1, 2016, 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
workgroup findings. The report shall include a draft request for
information to implement any recommended proposals, an action plan
for implementation of any proposed changes, and an estimate of the
costs that may be incurred and benefits that may be gained from the
adoption of recommended workgroup suggestions.
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) 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 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 a quarterly report that includes 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) When data become available, 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. On a monthly basis, the department shall provide the
department of community health an updated list of telephone numbers
for medical assistance recipients.
Sec. 687. (1) The department shall, on a quarterly basis by
February 1, May 1, August 1, and November 1, 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, on a quarterly basis by February 1,
May 1, August 1, and November 1, 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.
(4) The department shall notify 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 when the reports required in this section are
made available on the department's website.
Sec. 695. (1) From the funds appropriated in part 1 for
multicultural integration funding, the department may require each
contractor to provide data and information on performance-related
metrics. These metrics may include, but are not limited to, all of
the following:
(a) Each contractor or subcontractor shall have a mission that
is consistent with the purpose of multicultural integration
funding.
(b) Each contractor shall validate that any subcontractors
utilized within these appropriations share the same mission as the
lead agency receiving funding.
(c) Each contractor or subcontractor shall demonstrate cost-
effectiveness.
(d) Each contractor or subcontractor shall ensure their
ability to leverage private dollars to strengthen and maximize
service provision.
(e) 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.
(2) The department shall require an annual report from the
contractors that receive multicultural integration funding. The
annual report, due 60 days following the end of the contract
period, shall include specific information on services and programs
provided, the client base to which the services and programs were
provided, information on any wraparound services provided, and the
expenditures for those services. The department shall provide the
annual reports to the senate and house appropriations subcommittees
on the department budget, the senate and house fiscal agencies, and
the state budget office.
(3) The department of community health and the department
shall convene a workgroup to discuss and make recommendations on
including accreditation in the contractor specifications and
potentially moving toward competitive bidding. Each contractor
required to provide data per this section shall be invited to
participate in the workgroup if so convened.
JUVENILE JUSTICE SERVICES
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, MCL 400.117e, or if a county
operates those detention services programs primarily with
professional rather than volunteer staff.
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(7) of the social
welfare act, 1939 PA 280, MCL 400.117a.
Sec. 708. (1) As a condition of receiving funds appropriated
in part 1 for the child care fund line item, by December 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 to the department by October 1 of the current
fiscal year for approval. The department shall approve within 30
calendar days after receipt a properly completed service plan that
complies with the requirements of the social welfare act, 1939 PA
280, MCL 400.1 to 400.119b, and shall notify a county within 30
days after approval that its service plan was approved.
(2) The department shall submit a report to the house and
senate appropriations subcommittees on the department budget, the
house and senate fiscal agencies, and the house and senate policy
offices by February 15 of the current fiscal year on the number of
counties that fail to submit a service spending plan by October 1
and the number of service spending plans not approved by December
15.
Sec. 711. Unless already provided in the previous fiscal year,
the department shall submit the behavioral health study of juvenile
justice facilities operated or contracted for by the state not
later than June 30 of the current fiscal year to the senate and
house appropriations subcommittees on human services, the senate
and house fiscal agencies and policy offices, and the state budget
director.
Sec. 719. The department shall notify the legislature at least
30 days before closing or making any change in the status,
including the licensed bed capacity and operating bed capacity, of
a state juvenile justice facility.
Sec. 721. If the demand for placements at state-operated
juvenile justice residential facilities exceeds capacity, the
department shall not increase the available occupancy or services
at the facilities, and shall post a request for proposals for a
contract with not less than 1 private provider of residential
services for juvenile justice youth to be a residential facility of
last resort.
LOCAL OFFICE SERVICES
Sec. 750. (1) The department shall maintain out-stationed
eligibility specialists in community-based organizations, community
mental health agencies, nursing homes, and hospitals unless a
community-based organization, community mental health agency,
nursing home, 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 a contract with any
agency that places a request for a donated funds position and is
able and eligible under federal law to provide the required
matching funds for federal funding, as determined by federal
statute and regulations. If the department denies a request, the
department shall provide to the agency that made the request the
federal statute or regulation that requires the denial. If the
department does not provide the statute or regulation to the
agency, the department shall grant the request for the donated
funds position.
(3) A contract for an eligibility specialist 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.
Sec. 751. (1) From the funds appropriated in part 1 for
Healthy Michigan plan administration, the department, in
conjunction with the department of community health, shall
establish and maintain an accounting structure within the Michigan
administrative information network that will allow expenditures
associated with the administration of the Healthy Michigan plan to
be identified.
(2) 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 quarterly report on the implementation
status of the Healthy Michigan call center that includes all of the
following information:
(a) Call volume during the prior quarter.
(b) Percentage of calls resolved through the Healthy Michigan
plan call center.
(c) Percentage of calls transferred to a local department
office or other office for resolution.
(d) Number of Medicaid applications completed by the Healthy
Michigan call center staff and submitted on behalf of clients.
Sec. 752. (1) The department shall maintain out-stationed
eligibility specialists in community-based organizations, community
mental health agencies, nursing homes, and hospitals unless a
community-based organization, community mental health agency,
nursing home, 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 a contract with any
agency that requests a donated funds position and is able and
eligible under federal law to provide the required matching funds
for federal funding, as determined by federal statute and
regulations. Beginning in fiscal year 2016, the department is
authorized to increase the total number of donated funds positions
by 200 FTEs. The purpose of these positions will be to address
client service needs in adult placement and independent living
settings, federally qualified health clinics, hospitals with a high
degree of uncompensated care, and employer-based sites. If the
department denies a request for donated funds positions, the
department shall provide to the agency that made the request the
federal statute or regulation that supports the denial. If there is
no federal statute or regulation that supports the denial, the
department shall grant the request for the donated funds position.
(3) A contract for a donated funds position must include, but
not be limited to, the following performance metrics:
(a) Meeting standards 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.
CHILD SUPPORT ENFORCEMENT
Sec. 901. (1) The appropriations in part 1 assume a total
federal child support incentive payment of $26,500,000.00.
(2) From the federal money received for child support
incentive payments, $12,000,000.00 shall be retained by the state
and expended for child support program expenses.
(3) From the federal money received for child support
incentive payments, $14,500,000.00 shall be paid to the counties
based on each county's performance level for each of the federal
performance measures as established in 45 CFR 305.2.
(4) If the child support incentive payment to the state from
the federal government is greater than $26,500,000.00, then 100% of
the excess shall be retained by the state and is appropriated until
the total retained by the state reaches $15,397,400.00.
(5) If the child support incentive payment to the state from
the federal government is greater than the amount needed to satisfy
the provisions identified in subsections (1), (2), (3), and (4),
the additional funds shall be subject to appropriation by the
legislature.
(6) If the child support incentive payment to the state from
the federal government is less than $26,500,000.00, then the state
and county share shall each be reduced by 50% of the shortfall.
Sec. 909. (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 year and
fiscal year 2004-2005, shall receive its proportional share of the
75% excess.
Sec. 910. (1) If title IV-D-related child support collections
are escheated, the state budget director is authorized to adjust
the sources of financing for the funds appropriated in part 1 for
legal support contracts to reduce federal authorization by 66% of
the escheated amount and increase general fund/general purpose
authorization by the same amount. This budget adjustment is
required to offset the loss of federal revenue due to the escheated
amount being counted as title IV-D program income in accordance
with federal regulations at 45 CFR 304.50.
(2) The department shall notify the chairs of the house and
senate appropriations subcommittees on the department budget and
the house and senate fiscal agencies within 15 days of the
authorization adjustment in subsection (1).
ARTICLE XI
DEPARTMENT OF INSURANCE AND FINANCIAL SERVICES
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, 2016, from the following funds:
DEPARTMENT OF INSURANCE AND FINANCIAL SERVICES
APPROPRIATION SUMMARY
Full-time equated unclassified positions.......... 6.0
Full-time equated classified positions.......... 337.0
GROSS APPROPRIATION.................................... $ 65,057,700
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 707,600
ADJUSTED GROSS APPROPRIATION........................... $ 64,350,100
Federal revenues:
Total federal revenues................................. 2,000,000
Special revenue funds:
Total other state restricted revenues.................. 62,200,100
State general fund/general purpose..................... $ 150,000
Sec. 102. DEPARTMENT SERVICES
Full-time equated unclassified positions.......... 6.0
Full-time equated classified positions........... 23.0
Unclassified salaries--6.0 FTE positions............... $ 728,300
Executive director programs--4.0 FTE positions......... 1,084,300
Department services--19.0 FTE positions................ 3,802,100
Property management.................................... 869,300
Worker's compensation.................................. 5,200
Administrative hearings................................ 182,500
Information technology services and projects........... 2,185,900
GROSS APPROPRIATION.................................... $ 8,857,600
Appropriated from:
Special revenue funds:
Bank fees.............................................. 782,900
Captive insurance regulatory and supervision fund...... 1,800
Consumer finance fees.................................. 395,200
Credit union fees...................................... 1,004,700
Deferred presentment service transaction fees.......... 520,700
Insurance bureau fund.................................. 3,409,400
Insurance continuing education fees.................... 81,400
Insurance licensing and regulation fees................ 1,766,400
MBLSLA fund............................................ 744,300
Multiple employer welfare arrangement.................. 800
State general fund/general purpose..................... $ 150,000
Sec. 103. INSURANCE AND FINANCIAL SERVICES
REGULATION
Full-time equated classified positions.......... 314.0
Insurance evaluation--54.0 FTE positions............... $ 12,732,300
Insurance rates and forms--30.0 FTE positions.......... 5,840,400
Financial institutions evaluation--132.0 FTE positions. 23,810,300
Regulatory compliance, market conduct, and licensing--
34.0 FTE positions................................... 5,350,300
Consumer services and protection--64.0 FTE positions... 8,466,800
GROSS APPROPRIATION.................................... $ 56,200,100
Appropriated from:
Interdepartmental grant revenues:
IDG - LARA, for debt management........................ 707,600
Federal revenues:
Federal revenues....................................... 2,000,000
Special revenue funds:
Bank fees.............................................. 6,357,700
Captive insurance regulatory and supervision fund...... 279,000
Consumer finance fees.................................. 4,122,000
Credit union fees...................................... 7,647,300
Deferred presentment service transaction fees.......... 3,086,200
Insurance bureau fund.................................. 20,148,000
Insurance continuing education fees.................... 1,060,600
Insurance licensing and regulation fees................ 6,354,100
MBLSLA fund............................................ 4,357,000
Multiple employer welfare arrangement.................. 80,600
State general fund/general purpose..................... $ 0
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
FOR FISCAL YEAR 2015-2016
GENERAL SECTIONS
Sec. 201. Pursuant to section 30 of article IX of the state
constitution of 1963, total state spending from state resources
under part 1 for fiscal year 2015-2016 is $62,350,100.00 and state
spending from state resources to be paid to local units of
government for fiscal year 2015-2016 is $0.00.
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) "Fiscal agencies" means the Michigan house fiscal agency
and Michigan senate fiscal agency.
(d) "FTE" means full-time equated.
(e) "IDG" means interdepartmental grant.
(f) "LARA" means the department of licensing and regulatory
affairs.
(g) "MBLSLA fund" means the restricted account established in
section 8 of the mortgage brokers, lenders, and servicers licensing
act, 1987 PA 173, MCL 445.1658.
(h) "Subcommittees" means all members of the subcommittees of
the house and senate appropriations committees with jurisdiction
over the budget for the department.
Sec. 205. (1) For each new program or program expansion for
which funds in excess of $500,000.00 are appropriated in part 1,
the department shall identify specific benchmarks intended to
measure the performance or return on taxpayer investment of the
program and its associated expenditures. Not later than November 1,
the department shall report the proposed benchmarks to the house
and senate appropriations subcommittees for that department, the
house and senate fiscal agencies, and the state budget director.
The department shall provide an update on its progress in achieving
those benchmarks at an appropriations subcommittee meeting called
for the purpose of discussing benchmarks and their status.
(2) It is the intent of the legislature that any proposal for
a new program or an expansion of an existing program in excess of
$500,000.00 initiated by the executive branch or the legislature
shall include, as part of the original proposal or budget request,
a list of benchmarks intended to measure the performance or return
on taxpayer investment of the program or spending increase.
Sec. 208. The departments 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. 209. 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. 210. The director shall take all reasonable steps to
ensure businesses in deprived and depressed communities compete for
and perform contracts to provide services or supplies, or both. The
director shall strongly encourage firms with which the department
contracts to subcontract with certified businesses in depressed and
deprived communities for services, supplies, or both.
Sec. 212. The department and agencies receiving appropriations
in this part and part 1 shall receive and retain copies of all
reports funded from appropriations in this part and part 1. Federal
and state guidelines for short-term and long-term retention of
records shall be followed. The department may electronically retain
copies or reports unless otherwise required by federal and state
guidelines.
Sec. 215. The department shall not take disciplinary action
against an employee for communicating with a member of the
legislature or his or her staff.
Sec. 216. 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 report
shall be transmitted to the chairpersons of the senate and house
appropriations committees and the fiscal agencies.
Sec. 218. The departments and agencies receiving
appropriations in this part and part 1 shall prepare a report on
out-of-state travel expenses not later than January 1 of each year.
The travel report must list 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
fiscal agencies, and the state budget director. The report must
include the following information:
(a) The dates of each travel occurrence.
(b) The total transportation and related costs of each travel
occurrence, including the proportion funded with state general
fund/general purpose revenues, the proportion funded with state
restricted revenues, the proportion funded with federal revenues,
and the proportion funded with other revenues.
Sec. 219. No later than April 1, the department shall submit
to the subcommittees and the fiscal agencies a report pertaining to
the following information:
(a) The amount, in square footage, of office space paid for
with the appropriation in this part and part 1 for both state-owned
and leased office space, respectively, during the previous fiscal
year.
(b) The amount, in square footage, of office space actually
utilized by the department for both state-owned and leased office
space, respectively, during the previous fiscal year.
(c) The amount of office space the department estimates will
be utilized during the current and subsequent fiscal years.
Sec. 221. 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. 223. (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 $5,000,000.00 for state
restricted contingency funds. These funds are not available for
expenditure until they have been transferred to another line item
in part 1 under section 393(2) of the management and budget act,
1984 PA 431, MCL 18.1393.
(3) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $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 $200,000.00 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. 228. Unless prohibited by law, the department may accept
credit card or other electronic means of payment for licenses,
fees, or permits.
Sec. 229. 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. 231. 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. 232. The department shall not develop or produce any
television or radio productions.
Sec. 234. 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 chairs, and the fiscal agencies with an
annual report on estimated state restricted fund balances, state
restricted fund projected revenues, and state restricted fund
expenditures for the immediately preceding and current fiscal
years.
Sec. 235. Total authorized appropriations from all sources
under this part and part 1 for legacy costs for the fiscal year
ending September 30, 2016 is $9,998,900.00. From this amount, total
agency appropriations for pension-related legacy costs are
estimated at $5,675,400.00. Total agency appropriations for retiree
health care legacy costs are estimated at $4,323,500.00.
Sec. 245. The department, in conjunction with the department
of community health, shall establish an accounting structure within
the Michigan administrative information network that will allow
expenditures associated with the administration of the Healthy
Michigan plan to be identified.
Sec. 246. The amount appropriated from the general fund in
part 1 for executive director program 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.
INSURANCE AND FINANCIAL SERVICES REGULATION
Sec. 310. (1) No later than February 1, the department shall
submit a report to the subcommittees and the fiscal agencies
providing the following information:
(a) The amounts expended, by fund source, by the department to
support the economic development of the insurance or financial
industries during the preceding fiscal year.
(b) The number of full-time equated positions utilized by the
department to support the economic development of the insurance or
financial industries during the preceding fiscal year.
(c) A detailed, 2-year plan for departmental activities to
support the economic development of the insurance or financial
industries.
(2) For purposes of subsection (1), "economic development"
includes any activities to encourage, promote, or advocate for the
expansion, retention, or attraction of business or nonprofit
entities engaged in or involved with the insurance or financial
industries.
Sec. 391. In addition to the funds appropriated in part 1, the
funds collected by the department in connection with a
conservatorship under section 32 of the mortgage brokers, lenders,
and servicers licensing act, 1987 PA 173, MCL 445.1682, and funds
collected by the department from corporations being liquidated
under the insurance code of 1956, 1956 PA 218, MCL 500.100 to
500.8302, shall be appropriated for all expenses necessary to
provide for the required services. Funds are available for
expenditure when they are received by the department of treasury
and shall not lapse to the general fund at the end of the fiscal
year.
AUTISM COVERAGE
Sec. 802. (1) Each fiscal year, if expenditures are made from
the autism coverage fund, created by section 7 of the autism
coverage reimbursement act, 2012 PA 101, MCL 550.1837, the
department shall produce a report that contains all of the
following information on the autism coverage reimbursement program,
established by section 5 of the autism coverage reimbursement act,
2012 PA 101, MCL 550.1835, for the fiscal year:
(a) The total number of claims for reimbursement approved and
the number approved within each county, based on the provider's
location.
(b) The total amount expended from the autism coverage fund
for reimbursements and the amount for each carrier receiving
reimbursement.
(c) The average age of patients receiving diagnosis or
treatment for which claims for reimbursement are approved.
(2) By October 31 following the end of the fiscal year, the
department shall provide the report required under subsection (1)
to the subcommittees, the fiscal agencies, and the state budget
director.
ARTICLE XII
JUDICIARY
PART 1
LINE-ITEM APPROPRIATIONS
Sec. 101. There is appropriated for the judiciary for the
fiscal year ending September 30, 2016, from the following funds:
JUDICIARY
APPROPRIATION SUMMARY
Full-time equated exempted positions............ 489.0
GROSS APPROPRIATION.................................... $ 283,401,300
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 2,362,900
ADJUSTED GROSS APPROPRIATION........................... $ 281,038,400
Federal revenues:
Total federal revenues................................. 6,428,600
Special revenue funds:
Total local revenues................................... 7,229,000
Total private revenues................................. 942,900
Total other state restricted revenues.................. 84,245,700
State general fund/general purpose..................... $ 182,192,200
Sec. 102. SUPREME COURT
Full-time equated exempted positions............ 246.0
Supreme court administration--92.0 FTE positions....... $ 13,338,700
Judicial institute--13.0 FTE positions................. 2,159,100
State court administrative office--61.0 FTE positions.. 11,832,000
Judicial information systems--22.0 FTE positions....... 3,057,700
Direct trial court automation support--44.0 FTE
positions............................................ 7,229,000
Foster care review board--10.0 FTE positions........... 1,285,900
Community dispute resolution--3.0 FTE positions........ 2,366,800
Other federal grants................................... 275,100
Drug treatment courts.................................. 10,958,000
Mental health courts and diversion services--1.0 FTE
position............................................. 5,334,700
Veterans courts........................................ 500,000
Swift and sure sanctions program....................... 3,000,000
Next generation Michigan court system.................. 4,116,000
GROSS APPROPRIATION.................................... $ 65,453,000
Appropriated from:
Interdepartmental grant revenues:
IDG from department of state police.................... 1,500,000
IDG from department of corrections..................... 50,000
IDG from state police - Michigan justice training fund. 339,200
Federal revenues:
DOJ, victims assistance programs....................... 56,500
DOJ, drug court training and evaluation................ 300,000
DOT, national highway traffic safety administration.... 2,203,500
HHS, access and visitation grant....................... 612,200
HHS, children's justice grant.......................... 229,400
HHS, court improvement project......................... 1,290,500
HHS, title IV-D child support program.................. 1,009,700
HHS, title IV-E foster care program.................... 386,500
Other federal grant revenues........................... 275,100
Special revenue funds:
Local - user fees...................................... 7,229,000
Private................................................ 188,100
Private - interest on lawyers trust accounts........... 258,600
Private - state justice institute...................... 413,600
Community dispute resolution fund...................... 2,366,800
Court of appeals filing/motion fees.................... 1,641,800
Law exam fees.......................................... 639,100
Drug court fund........................................ 1,920,500
Miscellaneous revenue.................................. 270,600
Justice system fund.................................... 566,800
State court fund....................................... 377,100
State general fund/general purpose..................... $ 41,328,400
Sec. 103. COURT OF APPEALS
Full-time equated exempted positions............ 175.0
Court of appeals operations--175.0 FTE positions....... $ 22,606,900
GROSS APPROPRIATION.................................... $ 22,606,900
Appropriated from:
State general fund/general purpose..................... $ 22,606,900
Sec. 104. BRANCHWIDE APPROPRIATIONS
Full-time equated exempted positions.............. 4.0
Branchwide appropriations--4.0 FTE positions........... $ 8,550,400
GROSS APPROPRIATION.................................... $ 8,550,400
Appropriated from:
State general fund/general purpose..................... $ 8,550,400
Sec. 105. JUSTICES' AND JUDGES' COMPENSATION
Full-time judges positions...................... 593.0
Supreme court justices' salaries--7.0 justices......... $ 1,152,300
Court of appeals judges' salaries--27.0 judges......... 4,087,900
District court judges' state base salaries--243.0
judges............................................... 22,489,200
District court judicial salary standardization......... 11,111,000
Probate court judges' state base salaries--103.0
judges............................................... 9,627,900
Probate court judicial salary standardization.......... 4,669,600
Circuit court judges' state base salaries--213.0
judges............................................... 20,064,100
Circuit court judicial salary standardization.......... 9,739,200
Judges' retirement system defined contributions........ 4,425,800
OASI, social security.................................. 5,736,600
GROSS APPROPRIATION.................................... $ 93,103,600
Appropriated from:
Special revenue funds:
Court fee fund......................................... 2,988,100
State general fund/general purpose..................... $ 90,115,500
Sec. 106. JUDICIAL AGENCIES
Full-time equated exempted positions.............. 7.0
Judicial tenure commission--7.0 FTE positions.......... $ 1,115,200
GROSS APPROPRIATION.................................... $ 1,115,200
Appropriated from:
State general fund/general purpose..................... $ 1,115,200
Sec. 107. INDIGENT DEFENSE - CRIMINAL
Full-time equated exempted positions............. 57.0
Appellate public defender program--51.0 FTE positions.. $ 7,857,800
Michigan indigent defense commission--6.0 FTE
positions............................................ 996,700
GROSS APPROPRIATION.................................... $ 8,854,500
Appropriated from:
Interdepartmental grant revenues:
IDG from state police - Michigan justice training fund. 473,700
Federal revenues:
Other federal grant revenues........................... 65,200
Special revenue funds:
Private - interest on lawyers trust accounts........... 82,600
Miscellaneous revenue.................................. 132,900
State general fund/general purpose..................... $ 8,100,100
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
Court equity fund reimbursements....................... $ 60,815,700
Judicial technology improvement fund................... 4,815,000
Drug case-flow program................................. 250,000
Drunk driving case-flow program........................ 3,300,000
Juror compensation reimbursement....................... 6,600,000
GROSS APPROPRIATION.................................... $ 75,780,700
Appropriated from:
Special revenue funds:
Court equity fund...................................... 50,440,000
Judicial technology improvement fund................... 4,815,000
Drug fund.............................................. 250,000
Drunk driving fund..................................... 3,300,000
Juror compensation fund................................ 6,600,000
State general fund/general purpose..................... $ 10,375,700
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
FOR FISCAL YEAR 2015-2016
GENERAL SECTIONS
Sec. 201. Pursuant to section 30 of article IX of the state
constitution of 1963, total state spending from state resources
under part 1 for fiscal year 2015-2016 is $266,437,900.00 and state
spending from state resources to be paid to local units of
government for fiscal year 2015-2016 is $135,829,400.00. The
itemized statement below identifies appropriations from which
spending to local units of government will occur:
JUDICIARY
SUPREME COURT
State court administrative office...................... $ 511,900
Drug treatment courts.................................. 10,658,000
Mental health courts and diversion services............ 5,222,800
Veterans courts........................................ 500,000
Swift and sure sanctions program....................... 2,900,000
Next generation Michigan court system.................. 4,116,000
TRIAL COURT OPERATIONS
Court equity fund reimbursements....................... $ 60,815,700
Judicial technology improvement fund................... 4,815,000
Drunk driving case-flow program........................ 3,300,000
Drug case-flow program................................. 250,000
Juror compensation reimbursement....................... 6,600,000
JUSTICES' AND JUDGES' COMPENSATION
District court judicial salary standardization......... $ 11,111,000
Probate court judges' state base salaries.............. 9,627,900
Probate court judicial salary standardization.......... 4,669,600
Circuit court judicial salary standardization.......... 9,739,200
Grant to OASI contribution fund, employers share,
social security..................................... 992,300
TOTAL.................................................. $ 135,829,400
Sec. 202. (1) 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.
(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) "FTE" means full-time equated.
(d) "HHS" means the United States Department of Health and
Human Services.
(e) "IDG" means interdepartmental grant.
(f) "OASI" means old age survivor's insurance.
(g) "Title IV-D" means the part of the federal social security
act, 42 USC 301 to 1397mm, pertaining to the child support
enforcement program.
(h) "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 judicial branch shall not take disciplinary
action against an employee for communicating with a member of the
legislature or his or her staff.
Sec. 205. 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. 207. 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. 208. 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. 209. (1) If funds become available in part 1 for juvenile
justice vision 20/20, the state court administrative office shall
implement the information technology services and projects
described in subsection (2).
(2) The state court administrative office shall use the funds
described in subsection (1) to implement a data exchange for use by
circuit and probate courts, private juvenile justice agencies, and
the state court administrative office under the guidance of
appropriate data sharing agreements that tracks statistical and
demographic data on juveniles referred to the family division of
the circuit court, otherwise known as the juvenile courts, after
successful implementation and evaluation of the existing pilot
database in Ottawa, Kalamazoo, Kent, Ionia, and Berrien Counties.
(3) It is the intent of the legislature that the purpose of
the project is to implement a new juvenile justice data sharing
model that will track data on juveniles referred to the courts. The
project will be accomplished by local court staff, state employees,
contracts with private vendors, and juvenile justice stakeholders.
The total estimated cost of the project is $5,550,000.00. The
tentative completion date is September 30, 2019. The data exchange
shall be compatible with the Michigan statewide automated child
welfare information system.
(4) If funding becomes available for the project, the state
court administrative office shall submit a report by March 1 to the
senate and house appropriations subcommittees on judiciary, the
senate and house fiscal agencies, the senate and house policy
offices, and the state budget office on the status of the
implementation items described in subsections (1) and (2) should
funding become available.
Sec. 212. 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.
Sec. 214. 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. 215. 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 of representatives standing committees on appropriations, the
senate and house fiscal agencies, and the state budget director.
The report shall include the following information:
(a) The dates of each travel occurrence.
(b) The transportation and related costs of each travel
occurrence, including the proportion funded with state general
fund/general purpose revenues, the proportion funded with state
restricted revenues, the proportion funded with federal revenues,
and the proportion funded with other revenues.
Sec. 219. 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. 221. 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. 222. Within 14 days after the release of the executive
budget recommendation, the judicial branch 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 judiciary, and the senate and
house fiscal agencies with an annual report on estimated state
restricted fund balances, state restricted fund projected revenues,
and state restricted fund expenditures for the fiscal years ending
September 30, 2015 and September 30, 2016.
Sec. 223. 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. 224. Total authorized appropriations from all sources
under part 1 for legacy costs for the fiscal year ending September
30, 2016 are $13,723,300.00. From this amount, total appropriations
for judiciary pension-related legacy costs are estimated at
$7,772,600.00. Total appropriations for judiciary retiree health
care legacy costs are estimated at $5,950,700.00.
Sec. 225. (1) For each new program or program expansion for
which funds in excess of $500,000.00 are appropriated in part 1,
the judiciary shall identify specific benchmarks intended to
measure the performance or return on taxpayer investment of the
program and its associated expenditures.
(2) By November 1, the judiciary shall report the proposed
benchmarks to the senate and house appropriations subcommittees on
judiciary, to the senate and house fiscal agencies, and to the
state budget director.
(3) The judiciary shall provide an update on its progress in
achieving those benchmarks at an appropriations subcommittee
meeting called for the purpose of discussing benchmarks and their
status.
(4) It is the intent of the legislature that, beginning with
the budget for the fiscal year ending September 30, 2016, any
proposal for a new program or an expansion of an existing program
in excess of $500,000.00 initiated by the executive branch or the
legislature shall include, as part of the original proposal or
budget request, a list of benchmarks intended to measure the
performance or return on taxpayer investment of the program or
spending increase.
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, $511,900.00 is allocated for circuit court
reimbursement under section 3 of 1978 PA 16, MCL 800.453, and for
costs associated with the court of claims.
Sec. 306. The supreme court and the state court administrative
office shall continue to maintain, as a priority, the assisting of
local trial courts in improving the collection of judgments.
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.
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 director.
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 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, MCL 722.901 to 722.908, as it pertains to minors seeking a
court-issued waiver of parental consent. The state court
administrative office shall report the total number of petitions
filed and the total number of petitions granted under that act.
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 $3,000,000.00 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. 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 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 director.
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.
(3) As used in this section, "program" means a swift and sure
sanctions program described in subsection (1).
Sec. 321. It is the intent of the legislature that the
judicial branch 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
director.
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. 322a. 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.
PART 2A
PROVISIONS CONCERNING ANTICIPATED APPROPRIATIONS
FOR FISCAL YEAR 2016-2017
GENERAL SECTIONS
Sec. 1201. It is the intent of the legislature to provide
appropriations for the fiscal year ending on September 30, 2017 for
the line items listed in part 1. The fiscal year 2016-2017
appropriations are anticipated to be the same as those for fiscal
year 2015-2016, except that the line items will be adjusted for
changes in caseload and related costs, federal fund match rates,
economic factors, and available revenue. These adjustments will be
determined after the January 2016 consensus revenue estimating
conference.
ARTICLE XIII
DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS
PART 1
LINE-ITEM APPROPRIATIONS
Sec. 101. The amounts listed in this part are appropriated for
the department of licensing and regulatory affairs, subject to the
conditions set forth in part 2, for the fiscal year ending
September 30, 2016, from the funds identified in this part. The
following is a summary of the appropriations in this part:
DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS
APPROPRIATION SUMMARY
Full-time equated unclassified positions......... 57.5
Full-time equated classified positions........ 2,805.3
GROSS APPROPRIATION.................................... $ 539,296,200
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 16,279,900
ADJUSTED GROSS APPROPRIATION........................... $ 523,016,300
Federal revenues:
Total federal revenues................................. 200,388,700
Special revenue funds:
Total local revenues................................... 679,000
Total private revenues................................. 311,300
Total other state restricted revenues.................. 298,742,500
State general fund/general purpose..................... $ 22,894,800
Sec. 102. DEPARTMENTAL ADMINISTRATION
Full-time equated unclassified positions......... 57.5
Full-time equated classified positions.......... 123.0
Unclassified salaries--57.5 FTE positions.............. $ 4,840,200
Executive director programs--32.0 FTE positions........ 4,614,200
Administrative services--78.0 FTE positions............ 8,944,600
Office of regulatory reinvention--4.0 FTE positions.... 482,600
Office of reinventing performance in Michigan--6.0 FTE
positions............................................ 700,000
FOIA coordination--2.0 FTE positions................... 302,900
Local community stabilization authority--1.0 FTE
position............................................. 150,000
Property management.................................... 16,710,800
Information technology services and projects........... 41,417,900
Worker's compensation.................................. 591,600
GROSS APPROPRIATION.................................... $ 78,754,800
Appropriated from:
Interdepartmental grant revenues:
IDG-DIFS, accounting services.......................... 150,000
IDG - reinventing performance in Michigan.............. 525,000
Federal revenues:
DOL, multiple grants for safety and health............. 992,400
DOL-ETA, employment and training administration........ 4,200
DOL-ETA, unemployment insurance........................ 30,309,300
Federal revenues....................................... 2,212,700
Title XVIII Medicare................................... 1,165,600
Title XIX Medicaid..................................... 21,700
Title XIX Medicaid, facility certification fees........ 687,000
Special revenue funds:
Local stabilization authority contract................. 150,000
Aboveground storage tank fees.......................... 145,500
Accountancy enforcement fund........................... 67,000
Asbestos abatement fund................................ 179,600
Boiler inspection fund................................. 630,800
Builder enforcement fund............................... 98,800
Construction code fund................................. 1,609,400
Contingent fund, penalty and interest account.......... 28,400
Corporation fees....................................... 8,097,900
Elevator fees.......................................... 683,400
Fire alarm fees........................................ 5,300
Fire safety standard and enforcement fund.............. 1,100
Fire service fees...................................... 771,800
Fireworks safety fund.................................. 93,600
Health professions regulatory fund..................... 2,672,200
Health systems fees.................................... 438,900
Licensing and regulation fund.......................... 3,035,800
Liquor license revenue................................. 300,000
Liquor purchase revolving fund......................... 7,046,300
Michigan medical marihuana fund........................ 917,600
Mobile home code fund.................................. 603,900
Motor carrier fees..................................... 464,300
Nurse professional fund................................ 36,900
PMECSEMA fund.......................................... 217,700
Private occupational school license fees............... 164,000
Property development fees.............................. 6,000
Public utility assessments............................. 3,840,700
Radiological health fees............................... 296,200
Real estate appraiser education fund................... 6,400
Real estate education fund............................. 15,200
Real estate enforcement fund........................... 9,900
Restructuring mechanism assessments.................... 11,000
Safety education and training fund..................... 1,372,700
Second injury fund..................................... 395,000
Securities fees........................................ 4,594,100
Securities investor education and training fund........ 14,400
Security business fund................................. 3,100
Self-insurers security fund............................ 255,900
Silicosis and dust disease fund........................ 173,500
Survey and remonumentation fund........................ 142,000
Tax tribunal fund...................................... 1,631,400
Unarmed combat fund.................................... 12,800
Underground storage tank fees.......................... 355,200
Utility consumer representation fund................... 52,900
Worker's compensation administrative revolving fund.... 99,800
State general fund/general purpose..................... $ 938,500
Sec. 103. PUBLIC SERVICE COMMISSION
Full-time equated classified positions.......... 184.0
Public service commission--184.0 FTE positions......... $ 29,624,000
GROSS APPROPRIATION.................................... $ 29,624,000
Appropriated from:
Federal revenues:
DOE-OEERE, multiple grants............................. 56,700
DOT, gas pipeline safety............................... 1,219,900
Special revenue funds:
Motor carrier fees..................................... 2,510,000
Public utility assessments............................. 25,286,500
Restructuring mechanism assessments.................... 550,900
State general fund/general purpose..................... $ 0
Sec. 104. LIQUOR CONTROL COMMISSION
Full-time equated classified positions.......... 143.0
Management support services--28.0 FTE positions........ $ 4,361,200
Liquor licensing and enforcement--115.0 FTE positions.. 15,089,200
GROSS APPROPRIATION.................................... $ 19,450,400
Appropriated from:
Special revenue funds:
Direct shipper enforcement revolving fund.............. 124,500
Liquor license fee enhancement fund.................... 75,000
Liquor license revenue................................. 6,339,100
Liquor purchase revolving fund......................... 12,911,800
State general fund/general purpose..................... $ 0
Sec. 105. OCCUPATIONAL REGULATION
Full-time equated classified positions.......... 805.9
Bureau of fire services--80.0 FTE positions............ $ 11,414,500
Bureau of construction codes--176.0 FTE positions...... 21,767,000
Detroit demolition permit assistance................... 800,000
Corporations, securities, and commercial licensing
bureau--178.0 FTE positions.......................... 26,818,100
Bureau of health care services--351.9 FTE positions.... 59,284,100
Medical marihuana program--20.0 FTE positions.......... 4,228,800
GROSS APPROPRIATION.................................... $ 124,312,500
Appropriated from:
Interdepartmental grant revenues:
IDG-DCH, inspection contract........................... 100,000
Federal revenues:
Clinical lab improvement............................... 401,500
DOT.................................................... 60,000
Federal revenues....................................... 1,255,300
FEMA................................................... 28,000
Title XVIII Medicare................................... 11,814,200
Title XIX Medicaid..................................... 718,700
Title XIX Medicaid, facility certification fees........ 8,272,900
Special revenue funds:
Private - civil monetary penalties..................... 199,500
Aboveground storage tank fees.......................... 447,200
Accountancy enforcement fund........................... 404,300
Boiler inspection fund................................. 3,756,800
Builder enforcement fund............................... 478,300
Construction code fund................................. 8,440,000
Corporation fees....................................... 6,916,900
Elevator fees.......................................... 4,780,500
Fire alarm fees........................................ 125,400
Fire safety standard and enforcement fund.............. 40,000
Fire service fees...................................... 2,452,400
Fireworks safety fund.................................. 682,900
Health professions regulatory fund..................... 23,491,300
Health systems fees.................................... 3,309,300
Licensing and regulation fund.......................... 11,386,500
Liquor purchase revolving fund......................... 1,185,700
Michigan medical marihuana fund........................ 4,228,800
Mobile home code fund.................................. 2,982,300
Nurse professional fund................................ 1,937,200
PMECSEMA fund.......................................... 1,821,300
Private occupational school license fees............... 817,600
Property development fees.............................. 318,100
Real estate appraiser education fund................... 63,200
Real estate education fund............................. 340,600
Real estate enforcement fund........................... 696,400
Securities fees........................................ 4,918,700
Securities investor education and training fund........ 999,900
Security business fund................................. 340,100
Survey and remonumentation fund........................ 837,200
Unarmed combat fund.................................... 137,000
Underground storage tank fees.......................... 2,518,500
State general fund/general purpose..................... $ 10,608,000
Sec. 106. EMPLOYMENT SERVICES
Full-time equated classified positions........ 1,316.4
Workers' compensation agency--56.0 FTE positions....... $ 7,745,500
Insurance funds administration--23.0 FTE positions..... 5,236,300
Compensation supplement fund........................... 1,820,000
First responder presumed coverage fund................. 100
Unemployment insurance agency--852.0 FTE positions..... 119,667,900
Bureau of services for blind persons--113.0 FTE
positions............................................ 25,011,000
Bureau of employment relations--22.0 FTE positions..... 4,117,800
Career tech and skilled trades training program........ 15,600,000
Michigan occupational safety and health
administration--197.0 FTE positions.................. 28,660,200
Radiation safety section--21.4 FTE positions........... 3,437,000
Wage and hour program--32.0 FTE positions.............. 3,658,300
GROSS APPROPRIATION.................................... $ 214,954,100
Appropriated from:
Federal revenues:
DOL, multiple grants for safety and health............. 11,695,100
DOL-ETA, employment and training administration........ 840,500
DOL-ETA, unemployment insurance........................ 96,019,700
Federal revenues....................................... 18,279,800
Mammography quality standards.......................... 764,900
Special revenue funds:
Local revenues......................................... 529,000
Private revenues....................................... 111,800
Asbestos abatement fund................................ 1,016,800
Contingent fund, penalty and interest account.......... 38,407,700
Corporation fees....................................... 8,455,400
Michigan business enterprise program fund.............. 562,000
Radiological health fees............................... 2,672,100
Safety education and training fund..................... 9,554,100
Second injury fund..................................... 2,814,600
Securities fees........................................ 8,484,500
Self-insurers security fund............................ 1,337,100
Silicosis and dust disease fund........................ 1,084,600
Worker's compensation administrative revolving fund.... 2,462,800
State general fund/general purpose..................... $ 9,861,600
Sec. 107. MICHIGAN ADMINISTRATIVE HEARING SYSTEM
Full-time equated classified positions.......... 233.0
Michigan administrative hearing system--215.0 FTE
positions............................................ $ 38,678,000
Michigan compensation appellate commission--18.0 FTE
positions............................................ 4,546,700
GROSS APPROPRIATION.................................... $ 43,224,700
Appropriated from:
Interdepartmental grant revenues:
IDG revenues - administrative hearings and rules....... 15,504,900
Federal revenues:
DOL-ETA, unemployment insurance........................ 4,213,500
Federal revenues - administrative hearings and rules... 9,355,100
Special revenue funds:
State restricted revenues - administrative hearings
and rules............................................ 12,783,100
Worker's compensation administrative revolving fund.... 333,200
State general fund/general purpose..................... $ 1,034,900
Sec. 108. DEPARTMENT GRANTS
Fire protection grants................................. $ 9,273,900
Firefighter training grants............................ 1,000,000
Liquor law enforcement grants.......................... 7,200,000
Medical marihuana operation and oversight grants....... 3,000,000
Remonumentation grants................................. 7,300,000
Subregional libraries state aid........................ 451,800
Utility consumer representation........................ 750,000
GROSS APPROPRIATION.................................... $ 28,975,700
Appropriated from:
Special revenue funds:
Fire protection fund................................... 8,500,000
Fireworks safety fund.................................. 1,000,000
Liquor license revenue................................. 7,200,000
Liquor purchase revolving fund......................... 773,900
Michigan medical marihuana fund........................ 3,000,000
Survey and remonumentation fund........................ 7,300,000
Utility consumer representation fund................... 750,000
State general fund/general purpose..................... $ 451,800
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
FOR FISCAL YEAR 2015-2016
GENERAL SECTIONS
Sec. 201. Pursuant to section 30 of article IX of the state
constitution of 1963, total state spending from state resources
under part 1 for fiscal year 2015-2016 is $321,637,300.00 and state
spending from state resources to be paid to local units of
government for fiscal year 2015-2016 is $28,225,700.00. The
itemized statement below identifies appropriations from which
spending to local units of government will occur:
DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS
Fire protection grants................................. $ 9,273,900
Firefighter training grants............................ 1,000,000
Liquor law enforcement grants.......................... 7,200,000
Medical marihuana operation and oversight grants....... 3,000,000
Remonumentation grants................................. 7,300,000
Subregional libraries state aid........................ 451,800
Total department of licensing and regulatory
affairs.............................................. $ 28,225,700
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) "DCH" means the department of community health.
(b) "Department" means the department of licensing and
regulatory affairs.
(c) "DIFS" means the department of insurance and financial
services.
(d) "Director" means the director of the department.
(e) "DOE-OEERE" means the United States Department of Energy,
Office of Energy Efficiency and Renewable Energy.
(f) "DOL" means the United States Department of Labor.
(g) "DOL-ETA" means the United States Department of Labor,
Employment and Training Administration.
(h) "DOT" means the United States Department of
Transportation.
(i) "FEMA" means Federal Emergency Management Agency.
(j) "Fiscal agencies" means Michigan house fiscal agency and
Michigan senate fiscal agency.
(k) "FOIA" means the freedom of information act, 1976 PA 442,
MCL 15.231 to 15.246.
(l) "FTE" means full-time equated.
(m) "IDG" means interdepartmental grant.
(n) "PMECSEMA" means pain management education and controlled
substances electronic monitoring and antidiversion.
(o) "Subcommittees" means all members of the subcommittees of
the house and senate appropriations committees with jurisdiction
over the budget for the department.
Sec. 205. (1) For each new program or program expansion for
which funds in excess of $500,000.00 are appropriated in part 1,
the department shall identify specific benchmarks intended to
measure the performance or return on taxpayer investment of the
program and its associated expenditures. Not later than November 1,
the department shall report the proposed benchmarks to the house
and senate appropriations subcommittees for that department, the
house and senate fiscal agencies, and the state budget director.
The department shall provide an update on its progress in achieving
those benchmarks at an appropriations subcommittee meeting called
for the purpose of discussing benchmarks and their status.
(2) It is the intent of the legislature that any proposal for
a new program or an expansion of an existing program in excess of
$500,000.00 initiated by the executive branch or the legislature
shall include, as part of the original proposal or budget request,
a list of benchmarks intended to measure the performance or return
on taxpayer investment of the program or spending increase.
Sec. 208. The departments and agencies receiving
appropriations in part 1 shall use the Internet to fulfill the
reporting requirements of this part. This requirement may include
transmission of reports via electronic mail to the recipients
identified for each reporting requirement, or it may include
placement of reports on an Internet or intranet site.
Sec. 209. Funds appropriated in part 1 shall not be used for
the purchase of foreign goods or services, or both, if
competitively priced and of comparable quality American goods or
services, or both, are available. Preference shall be given to
goods or services, or both, manufactured or provided by Michigan
businesses, if they are competitively priced and of comparable
quality. In addition, preference shall be given to goods or
services, or both, that are manufactured or provided by Michigan
businesses owned and operated by veterans, if they are
competitively priced and of comparable quality.
Sec. 210. The director shall take all reasonable steps to
ensure businesses in deprived and depressed communities compete for
and perform contracts to provide services or supplies, or both. The
director shall strongly encourage firms with which the department
contracts to subcontract with certified businesses in depressed and
deprived communities for services, supplies, or both.
Sec. 212. The department 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 or reports unless
otherwise required by federal and state guidelines.
Sec. 215. The department shall not take disciplinary action
against an employee for communicating with a member of the
legislature or his or her staff.
Sec. 216. 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 fiscal agencies.
Sec. 218. The departments and agencies receiving
appropriations in part 1 shall prepare a report on out-of-state
travel expenses not later than January 1 of each year. The travel
report shall be a listing of all travel by classified and
unclassified employees outside this state in the immediately
preceding fiscal year that was funded in whole or in part with
funds appropriated in the department's budget. The report shall be
submitted to the house and senate appropriations committee, 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. 219. No later than April 1, the department shall submit
to the subcommittees and the fiscal agencies a report pertaining to
the following information:
(a) The amount, in square footage, of office space paid for
with the appropriation in part 1 for both state-owned and leased
office space, respectively, during the previous fiscal year.
(b) The amount, in square footage, of office space actually
utilized by the department for both state-owned and leased office
space, respectively, during the previous fiscal year.
(c) The amount of office space the department estimates will
be utilized during the current and subsequent fiscal years.
Sec. 220. 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 fiscal agencies, and the state budget director
of pass-through funds appropriated under this section.
Sec. 221. 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. 223. (1) In addition to the funds appropriated in part 1,
there is appropriated an amount not to exceed $19,000,000.00 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 $25,000,000.00 for state
restricted contingency funds. These funds are not available for
expenditure until they have been transferred to another line item
in 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 $7,800,000.00 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 $400,000.00 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. 225. (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 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. 227. (1) The department shall sell documents at a price
not to exceed the cost of production and distribution. Money
received from the sale of these documents shall revert to the
department. In addition to the funds appropriated in part 1, these
funds are available for expenditure when they are received by the
department of treasury. This subsection applies only for the
following documents:
(a) Corporation and securities division documents, reports,
and papers required or permitted by law pursuant to section 1060(5)
of the business corporation act, 1972 PA 284, MCL 450.2060.
(b) The Michigan liquor control code of 1998, 1998 PA 58, MCL
436.1101 to 436.2303.
(c) The mobile home commission act, 1987 PA 96, MCL 125.2301
to 125.2349; the business corporation act, 1972 PA 284, MCL
450.1101 to 450.2098; the nonprofit corporation act, 1982 PA 162,
MCL 450.2101 to 450.3192; and the uniform securities act (2002),
2008 PA 551, MCL 451.2101 to 451.2703.
(d) 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 55, 57, 58, and 59
of the administrative procedures act of 1969, 1969 PA 306, MCL
24.255, 24.257, 24.258, and 24.259, and section 203 of the
legislative council act, 1986 PA 268, MCL 4.1203, are appropriated
for all expenses necessary to provide for the cost of publication
and distribution.
(3) Unexpended funds at the end of the fiscal year shall carry
forward to the subsequent fiscal year and not lapse to the general
fund.
Sec. 228. Unless prohibited by law, the department may accept
credit card or other electronic means of payment for licenses,
fees, or permits.
Sec. 229. 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. 231. 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. 232. The department shall not develop or produce any
television or radio productions.
Sec. 234. 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
preceding and current fiscal years.
Sec. 235. Total authorized appropriations from all sources
under part 1 for legacy costs for the fiscal year ending September
30, 2016 are $68,953,000.00. From this amount, total agency
appropriations for pension-related legacy costs are estimated at
$39,137,600.00. Total agency appropriations for retiree health care
legacy costs are estimated at $29,815,400.00.
Sec. 241. (1) The department may charge registration fees to
attendees of informational, training, or special events sponsored
by the department.
(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) Not later than November 15, the department shall submit a
report to the subcommittees, fiscal agencies, and the state budget
office that identifies each of the following in the immediately
preceding fiscal year:
(a) Each informational, training, or special event sponsored
by the department.
(b) The amount of revenue generated by registration fees.
(c) The amount expended for the department's costs of
sponsoring informational, training, or special events.
(d) Any balance carried forward into the subsequent fiscal
year.
(6) The amount appropriated under subsection (3) shall not
exceed $500,000.00.
Sec. 242. 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 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 revert to the appropriate
restricted fund.
Sec. 243. The department shall work to establish memoranda of
understanding with other state departments or agencies that
participate in the reinventing performance in Michigan program
supported by appropriations in part 1. Each memorandum shall detail
a mechanism for the department to recover costs related to program
services performed on behalf of the receiving agency. Not later
than March 1, the department shall submit a report to the state
budget office, subcommittees, and fiscal agencies containing the
following information:
(a) The name of each state department or agency participating
in the program.
(b) Whether a memorandum of understanding was established with
each participating state department or agency.
(c) The amount agreed upon in each memorandum of
understanding.
Sec. 245. The department, in conjunction with the department
of community health, shall establish an accounting structure within
the Michigan administrative information network that will allow
expenditures associated with the administration of the Healthy
Michigan plan to be identified.
Sec. 248. (1) No later than March 1, the department shall
submit a report to the subcommittees and fiscal agencies pertaining
to licensing and regulatory programs during the previous fiscal
year for the following agencies:
(a) Public service commission.
(b) Liquor control commission.
(c) Bureau of construction codes.
(d) Corporations, securities, and commercial licensing bureau.
(e) Bureau of health care services.
(f) Michigan occupational safety and health administration.
(2) The report shall provide, but is not limited to, the
following information 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, if applicable.
(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.
(3) As used in subsection (2), "regulatory products" means
licensure, certification, registration, permitting, approval, or
any other regulatory service provided by the agencies specified in
subsection (1) for occupations, facilities, entities, industries,
or activities regulated by the agencies specified in subsection
(1).
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, MCL 29.2c, inspection and plan review fees will be charged
according to the following schedule:
Operation and maintenance inspection fee
Facility type Facility size Fee
Hospitals Any $8.00 per bed
Plan review and construction inspection fees for
hospitals and schools
Project cost range 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, MCL 338.2158, and section 16 of 1967 PA 227, MCL
408.816, that are unexpended at the end of the fiscal year shall
carry forward to the subsequent fiscal year.
Sec. 503. No later than February 15, the department shall
submit a report to the subcommittees, fiscal agencies, and state
budget director providing the following information:
(a) The number of honorably discharged veterans, 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
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 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 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. 505. (1) 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.
(2) Not later than April 1, the department shall submit to the
subcommittees and fiscal agencies a report on the revenues,
expenditures, and balance of the homeowner construction lien
recovery fund as of the end of the previous fiscal year.
Sec. 507. The department shall submit a report by January 1 to
the standing committees on appropriations of the senate and house
of representatives, the 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, MCL 333.26421 to
333.26430:
(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, MCL 333.26426.
(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, MCL 333.26426.
(i) The percentage of registry cards for approved initial
applications not issued within the time requirements established in
section 6 of the Michigan medical marihuana act, 2008 IL 1, MCL
333.26426.
(j) The percentage of registry cards for approved renewal
applications not issued within the time requirements established in
section 6 of the Michigan medical marihuana act, 2008 IL 1, MCL
333.26426.
(k) 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.
(l) The costs of administering the medical marihuana program
under the Michigan medical marihuana act, 2008 IL 1, MCL 333.26421
to 333.26430.
Sec. 508. 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. 511. No later than February 1, the department shall
submit a report to the subcommittees, 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. 512. To the extent allowed under applicable state and
federal laws, the bureau of health care services shall make
disciplinary actions taken against health professionals publicly
available through the online license verification website.
Sec. 513. (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 confirmed false
inspection appointments. 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 Michigan administrative information network.
(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 fiscal agencies.
EMPLOYMENT SERVICES
Sec. 701. Funds earned or authorized by the DOL in excess of
the gross appropriation in part 1 for the unemployment insurance
agency from the DOL are appropriated and may be expended for
staffing and related expenses incurred in the operation of its
programs. These funds may be spent after the department notifies
the state budget director and the subcommittees of the purpose and
amount of each grant award.
Sec. 702. (1) From the funds appropriated in part 1 for the
unemployment insurance agency, the department shall maintain
customer service standards for employers and claimants making use
of the various means by which they can access the system.
(2) The department shall identify specific outcomes and
performance metrics for this initiative, including, but not limited
to, the following:
(a) Unemployment benefit fund balance.
(b) Process improvement – fiscal integrity.
(c) Process improvement – determination timeliness.
(d) Process improvement – determination quality.
Sec. 703. (1) From the funds appropriated in part 1 for the
career technology and skilled trades training programs, the
department shall expand workforce training and reemployment
services to better connect workers to in-demand jobs.
(2) The department shall identify specific outcomes and
performance metrics for this initiative, including, but not limited
to, the following:
(a) New apprenticeships.
(b) The jobs created, jobs retained, training completion rate,
employment retention rate at 6 months, and hourly wage rate at 6
months for the skilled trades training program.
Sec. 704. (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. 705. 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. 706. Not later than January 1, the department shall
submit a report to the subcommittees and fiscal agencies including,
but not limited to, the following information pertaining to the
activities of the youth low-vision program during the preceding
fiscal year:
(a) Number of individuals, classified by age, who received
services or devices.
(b) Description of the services and devices purchased under
the program.
(c) Total payments to each provider of services or devices,
classified by the county in which the provider is located.
(d) Amount by which private health insurance or other public
health programs were utilized to offset the expense of services or
devices.
(e) Amount of expenditures under the program that qualified
for federal matching revenue and the amount of federal matching
revenue received by the department.
Sec. 707. 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. 708. The amount appropriated in part 1 for the first
responder presumed coverage fund shall only be expended for the
purpose of paying authorized claims and the costs of administering
the fund pursuant to section 405 of the worker's disability
compensation act of 1969, 1969 PA 317, MCL 418.405.
DEPARTMENT GRANTS
Sec. 901. The appropriation in part 1 for fire protection
grants shall be appropriated to cities, villages, and townships
with state-owned facilities for fire services, instead of taxes, in
accordance with 1977 PA 289, MCL 141.951 to 141.956.
Sec. 902. (1) Not later than November 30, the department shall
prepare a report that provides 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. The department shall submit this report to the state
budget director, the subcommittees, and the fiscal agencies.
(2) The department shall expend the funds appropriated in part
1 for medical marihuana operation and oversight grants for grants
to county law enforcement offices for the operation and oversight
of 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 whose county law enforcement office
applied for a grant under subsection (3). For the purposes of this
subsection, operation and oversight grants are for education,
communication, and enforcement of the Michigan medical marihuana
act, 2008 IL 1, MCL 333.26421 to 333.26430.
(3) No later than December 1, the department shall post a
listing of potential grant money available to each county law
enforcement office on its website. A county law enforcement office
requesting a grant shall apply on a form developed by the
department and available on the website. The form shall contain the
county law enforcement office'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.
(4) In order to be eligible to receive a grant under
subsection (2), a county law enforcement office shall apply no
later than January 1 and agree to report how the grant was expended
and provide that report to the department no later than September
15. The department shall submit a report no later than October 15
of the subsequent fiscal year to the state budget director, the
subcommittees, and the fiscal agencies detailing the grant amounts
by recipient and the reported uses of the grants in the preceding
fiscal year.
(5) County law enforcement offices may distribute
discretionary grants made under subsection (2) to municipal law
enforcement agencies for the operation and oversight of the
Michigan medical marihuana program pursuant to section 6(l) of the
Michigan medical marihuana act, 2008 IL 1, MCL 333.26426. If a
county law enforcement office distributes a discretionary grant in
this manner, that county law enforcement office shall require the
receiving municipal law enforcement agency to provide a report on
how that grant was spent. Reports from municipal law enforcement
agencies shall be included as part of the report submitted to the
department as required in subsection (4).
Sec. 903. (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 firefighter 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 disbursed pursuant to section 14(2) of the
firefighters training council act, 1966 PA 291, MCL 29.374.
(b) If the amount disbursed to any county under subsection
(2)(a) is less than $5,000.00, the amounts disbursed to each county
under subsection (2)(a) shall be adjusted to provide for a minimum
payment of $5,000.00 to each county.
(3) No later than February 1, the department shall submit a
financial report to the subcommittees and fiscal agencies
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 disburse the total
amount appropriated in part 1 for firefighter training grants.
(b) The amount of the payments approved by the firefighter
training council for disbursement 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 firefighter training council.
(e) The amount of payments approved for disbursements to
counties that was not expended or encumbered and lapsed back to the
fireworks safety fund pursuant to subsection (4).
(4) It is the intent of the legislature that the amount
appropriated in part 1 for firefighter training grants be adjusted
each fiscal year to reflect lapses from the preceding fiscal year
into the fireworks safety fund created in section 11 of the
Michigan fireworks safety act, 2011 PA 256, MCL 28.461, for the
purpose of ensuring that lapsed grant funds are reallocated in
subsequent fiscal years.
Sec. 904. (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.
ARTICLE XIV
DEPARTMENT OF MILITARY AND VETERANS AFFAIRS
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, 2016,
from the following funds:
DEPARTMENT OF MILITARY AND VETERANS AFFAIRS
APPROPRIATION SUMMARY
Full-time equated unclassified positions.......... 9.0
Full-time equated classified positions.......... 888.5
GROSS APPROPRIATION.................................... $ 164,382,700
Total interdepartmental grants and intradepartmental
transfers............................................ 99,300
Schedule of interdepartmental grant and
intradepartmental transfer revenue sources:
IDG, state police.............................. 99,300
ADJUSTED GROSS APPROPRIATION........................... $ 164,283,400
Total federal revenues................................. 90,208,600
Schedule of federal revenue sources:
DOD-DOA-NGB................................ 59,931,200
USDVA-VHA.................................. 27,136,600
Federal counter narcotics revenues............ 100,000
HHS-HCFA, title XIX, Medicaid.................. 88,100
HHS-HCFA, Medicare, hospital insurance...... 2,952,700
Total local revenues................................... 1,497,400
Schedule of local revenue sources:
Local - school aid fund..................... 1,497,400
Total private revenues................................. 739,600
Schedule of private revenue sources:
Private - veterans' homes post and posthumous
funds...................................... 540,000
Private donations............................. 199,600
Total other state restricted revenues.................. 23,221,500
Schedule of restricted revenue sources:
Billeting fund.............................. 1,500,000
Lease revenue.................................. 12,200
Income and assessments..................... 13,992,800
Mackinac Bridge authority...................... 70,000
Military family relief fund................. 1,000,000
Michigan National Guard armory construction
fund..................................... 1,000,000
Michigan veterans trust fund................ 5,200,100
Rental fees................................... 346,400
Test project fees............................. 100,000
State general fund/general purpose..................... $ 48,616,300
State general fund/general purpose schedule:
Ongoing state general fund/general
purpose................................... 48,616,300
One-time state general fund/general purpose......... 0
Sec. 102. Military
Full-time equated unclassified positions.......... 9.0
Full-time equated classified positions.......... 324.0
Unclassified positions................................. $ 1,390,700
Departmental and national guard operations............. 64,239,400
Schedule of programs:
Support services.............................. 1,791,300
Armories and joint force readiness........... 15,879,100
National Guard training facilities
and airbases............................... 33,399,400
Michigan youth challeNGe academy............ 4,541,300
Military family relief fund................... 600,000
Starbase grant.............................. 2,322,000
National Guard tuition assistance program... 4,341,600
Information technology services and
projects................................... 1,364,700
GROSS APPROPRIATION..................................... $ 65,630,100
Appropriated from:
Interdepartmental grant revenues....................... 99,300
Federal revenues....................................... 45,444,400
Local revenues......................................... 1,497,400
Private revenues....................................... 199,600
State restricted revenues.............................. 3,023,000
State general fund/general purpose..................... $ 15,366,400
Sec. 103. MICHIGAN VETERANS AFFAIRS AGENCY
Full-time equated classified positions.......... 564.5
Michigan veterans affairs agency........................ $ 15,927,000
Schedule of programs:
Michigan veterans affairs agency
administration.............................. 6,964,400
Veterans service grants..................... 3,762,500
Veterans' trust fund administration......... 1,453,600
Veterans' trust fund grants................. 3,746,500
Veterans' homes......................................... $ 66,325,600
Schedule of programs:
Grand Rapids veterans' home................ 45,854,000
Board of managers (Grand Rapids home)......... 665,000
D.J. Jacobetti veterans' home.............. 19,531,600
Board of managers (Jacobetti home)............ 275,000
GROSS APPROPRIATION.................................... $ 82,252,600
Appropriated from:
Federal revenues....................................... 29,764,200
Private revenues....................................... 540,000
State restricted revenues.............................. 19,198,500
State general fund/general purpose..................... $ 32,749,900
Sec. 104. CAPITAL OUTLAY
Capital outlay.......................................... $ 16,500,000
Schedule of programs:
Special maintenance – National Guard....... 15,000,000
Special maintenance – veterans' homes......... 500,000
Land and acquisitions....................... 1,000,000
GROSS APPROPRIATION.................................... $ 16,500,000
Appropriated from:
Federal revenues....................................... 15,000,000
State restricted revenues.............................. 1,000,000
State general fund/general purpose..................... $ 500,000
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
FOR FISCAL YEAR 2015-2016
GENERAL SECTIONS
Sec. 201. Pursuant to section 30 of article IX of the state
constitution of 1963, total state spending from state resources
under part 1 for fiscal year 2015-2016 is $71,837,800.00 and state
spending from state resources to be paid to local units of
government for fiscal year 2015-2016 is $102,400.00. The itemized
statement below identifies appropriations from which spending to
local units of government will occur:
DEPARTMENT OF MILITARY AND VETERANS AFFAIRS
National Guard operations.............................. $ 52,400
Schedule of programs:
Payments in lieu of taxes...................... 52,400
Michigan veterans affairs agency....................... $ 50,000
Schedule of programs:
County counselor education and training
expenses...................................... 50,000
TOTAL.................................................. $ 102,400
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) "CFDA" means catalog of federal domestic assistance.
(b) "Core services" means that phrase as defined in section
373 of the management and budget act, 1984 PA 431, MCL 18.1373.
(c) "Department" means the department of military and veterans
affairs.
(d) "Director" means the director of the department.
(e) "DOD" means the United States Department of Defense.
(f) "DOD-DOA-NGB" means the DOD Department of the Army,
National Guard Bureau.
(g) "HCFA" means the Health Care Financing Administration, now
renamed the Centers for Medicare and Medicaid Services.
(h) "HHS" means the United States Department of Health and
Human Services.
(i) "HVAC" means heating, ventilation, and air conditioning.
(j) "IDG" means interdepartmental grant.
(k) "MVAA" means the Michigan veterans affairs agency.
(l) "Subcommittees" means all members of the subcommittees of
the senate and house appropriations committees with jurisdiction
over the budget of the department.
(m) "USDVA" means the United States Department of Veterans
Affairs.
(n) "USDVA-VHA" means the USDVA Veterans Health
Administration.
(o) "VSO" means veterans service organization.
(p) "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. 205a. Federal DOD-DOA-NGB funds appropriated in part 1
may be received from, but not limited to, the following programs:
military construction – National Guard (CFDA 12.400), National
Guard military operations and maintenance (CFDA 12.401), National
Guard challeNGe program (CFDA 12.404), and National Guard starbase
program (CFDA 12.404).
Sec. 205b. Federal USDVA-VHA funds appropriated in part 1 may
be received from, but not limited to, the following programs:
grants to states for construction of state home facilities (CFDA
64.005), veterans state domiciliary care (CFDA 64.014), and
veterans state nursing home care (CFDA 64.015).
Sec. 205c. Federal HHS-HCFA, Medicare, hospital insurance
funds appropriated in part 1 may be received under the Medicare
supplementary medical insurance program (CFDA 93.774) or other HHS-
HCFA programs.
Sec. 205d. Federal HHS-HCFA, title XIX, Medicaid funds
appropriated in part 1 may be received from the Medicaid program
under title XIX of the social security act, 42 USC 1396 to 1396w-5
or other HHS-HCFA programs.
Sec. 206. (1) In addition to the funds appropriated in part 1,
there is appropriated an amount not to exceed $10,000,000.00 for
federal contingency funds. These funds are not available for
expenditure until they have been transferred to another line item
in part 1 under section 393(2) of the management and budget act,
1984 PA 431, MCL 18.1393.
(2) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $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. 207. The department shall cooperate with the department
of technology, management, and budget to maintain a searchable
website that is accessible by the public at no cost that includes,
but is not limited to, all of the following:
(a) Fiscal year-to-date expenditures by category.
(b) Fiscal year-to-date expenditures by appropriation unit.
(c) Fiscal year-to-date payments to a selected vendor,
including the vendor name, payment date, payment amount, and
payment description.
(d) The number of active department employees by job
classification.
(e) Job specifications and wage rates.
Sec. 208. The departments and agencies receiving
appropriations in part 1 shall use the Internet to fulfill the
reporting requirements of this part. This requirement may include
transmission of reports via electronic mail to the recipients
identified for each reporting requirement, or it may include
placement of reports on an Internet or intranet site.
Sec. 209. Funds appropriated in 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. In addition,
preference shall be given to goods or services, or both, that are
manufactured or provided by Michigan small businesses that have
veterans compose at least 35% of their total workforce. As used in
this section, "veteran" means that term as defined in section 261
of the management and budget act, 1984 PA 431, MCL 18.1261. As used
in this section, "small business" means that term as defined in
section 7a of the administrative procedures act of 1969, 1969 PA
306, MCL 24.207a.
Sec. 210. The director shall take all reasonable steps to
ensure businesses in deprived and depressed communities compete for
and perform contracts to provide services or supplies, or both. The
director shall strongly encourage firms with which the department
contracts to subcontract with certified businesses in depressed and
deprived communities for services, supplies, or both.
Sec. 216. (1) Notwithstanding any other provision of this
part, the schedule of programs in part 1 lists programs which may,
but are not required to be, funded under part 1.
(2) Notwithstanding any other provisions of this part, the
schedule of revenue sources in part 1 may or may not be received
from the funding entities listed.
(3) Any funding required by statute is not subject to funding
flexibility and shall be funded in accordance with that statute.
Sec. 218. The departments and agencies receiving
appropriations in this part and 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. 219. (1) The department shall provide quarterly 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) Evidence of efficiencies and management of funds within
established appropriations.
(d) A report on the status of performance metrics cited in
this part and information required to be reported in this part.
(e) The number of active employees at the close of the fiscal
quarter by job classification and program.
(f) A summary of fund shifts, that have been approved by the
state budget office, that have occurred between items listed in the
schedule of programs mentioned in part 1.
(2) The department shall provide a corrective action plan
within 30 days of a quarterly report under this section for any
requirements of this part that have not been achieved. The
department shall provide a monthly status of corrective action
plans.
Sec. 222. 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) Grand Rapids veterans' home.
(l) Board of managers (Grand Rapids).
(m) D.J. Jacobetti veterans' home.
(n) Board of managers (Jacobetti).
Sec. 225. Funds appropriated in this part and part 1 shall not
be used by a principal executive department, state agency, or
authority to hire a person to provide legal services that are the
responsibility of the attorney general. This prohibition does not
apply to legal services for bonding activities and for those
activities that the attorney general authorizes.
Sec. 228. Not later than November 30, the state budget office
shall prepare and transmit a report that provides for estimates of
the total general fund/general purpose appropriations lapses at the
close of the prior fiscal year. This report shall summarize the
projected year-end general fund/general purpose appropriations
lapses by major departmental program or program areas. The report
shall be transmitted to the office of the state budget, the
chairpersons of the senate and house standing committees on
appropriations, the subcommittees, and the senate and house fiscal
agencies.
Sec. 229. Within 14 days after the release of the executive
budget recommendation, the department shall cooperate with the
state budget office to provide the senate and house appropriations
chairs, the subcommittees, and the senate and house fiscal agencies
with an annual report on estimated state restricted fund balances,
state restricted fund projected revenues, and state restricted fund
expenditures for the fiscal years ending September 30, 2015 and
September 30, 2016.
Sec. 230. The department 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. 231. Total authorized appropriations from all sources
under part 1 for legacy costs for the fiscal year ending September
30, 2016 are $19,866,900.00. From this amount, total agency
appropriations for pension-related legacy costs are estimated at
$11,276,300.00, and total agency appropriations for retiree health
care legacy costs are estimated at $8,590,600.00.
Sec. 232. The appropriations in part 1 for capital outlay
shall be carried forward at the end of the fiscal year consistent
with section 248 of the management and budget act, 1984 PA 431, MCL
18.1248.
Sec. 233. Sixty days prior to the public announcement of the
intention to sell any department property, the department shall
submit notification of that intent to the subcommittees and the
senate and house fiscal agencies.
MILITARY
ARMORIES AND JOINT FORCE READINESS
Sec. 302. (1) From the funds appropriated in part 1 for
military operations, the department shall provide for effective and
efficient executive direction and administrative leadership of the
department.
(2) The department shall operate and maintain National Guard
armories.
(3) The department shall evaluate armories and submit a
quarterly report on the status of the armories.
(4) The department shall maintain a system to measure the
condition and adequacy of the armories.
(5) The department shall report to the subcommittees, the
senate and house fiscal agencies, and the state budget office by
December 1 information including all of the following:
(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 shared use of armories with other local, state, or
federal agencies to improve response 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.
NATIONAL GUARD TRAINING FACILITIES AND AIR BASES
Sec. 304. (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 219:
(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.
MICHIGAN YOUTH CHALLENGE ACADEMY
Sec. 307. (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 program from economically disadvantaged areas,
including those with low-income and high-unemployment backgrounds.
(3) The department shall partner with the department of human
services to identify youth who may be eligible for the challeNGe
program from those youth served by department of human services
programs. These eligible youth shall be given priority for
enrollment in the program.
(4) The department shall maintain the staffing and resources
necessary to train at least 144 cadets simultaneously at the
Michigan youth challeNGe academy.
(5) The department shall ensure that the average grade level
increase for Michigan youth challeNGe academy graduates is 2 years
as measured with the test adult basic education (TABE) metrics.
MILITARY FAMILY RELIEF FUND
Sec. 308. (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 219.
(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 called into active
duty and to support the processing and approval of at least 60
grant applications this fiscal year under the Michigan military
relief fund and report those applications as provided in section
219.
STARBASE GRANT
Sec. 309. (1) 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 in math,
science, and technology of students, primarily in the fourth and
fifth grades. The starbase program is to specifically target
minority and at-risk students for participation.
(2) The starbase program shall maintain current program
offerings serving K-12 school districts in the state through
existing program sites which include Starbase One, located at
Selfridge Air National Guard base, Starbase Battle Creek, located
at Battle Creek Air National Guard base, and Starbase Alpena,
located at Alpena combat readiness training center.
NATIONAL GUARD TUITION ASSISTANCE PROGRAM
Sec. 310. (1) The department shall establish and maintain a
National Guard tuition assistance program for members of the
Michigan Air and Army National Guard.
(2) The objective of the National Guard tuition program is to
bolster military readiness by increasing recruitment and retention
of Michigan Air and Army National Guard service members (and to
fill federally authorized strength levels for the state), improve
the Michigan Air and Army National Guard's competitive draw from
other military enlistment options in the state, enhance the ability
of the Michigan Air and Army National Guard to compete for members
and federal dollars with surrounding states, and increase the pool
of eligible candidates within the Michigan Air and Army National
Guard to become commissioned officers.
(3) The department shall make efforts to reach the number of
Michigan Air and Army National Guard members participating in the
program to 1,000 during the third year of the program's existence.
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 and by
how competitively the percentage of authorized Michigan Air and
Army National Guard strength obtained—-and retained—-compares to
the neighboring air and army national guards from the states of
Illinois, Indiana, Ohio, and Wisconsin.
(4) Except as otherwise provided in this subsection, the
National Guard tuition program shall be designed after the federal
tuition assistance program model and shall cover 100% of tuition
and authorized fees, up to $4,500.00 a year, for Michigan Air and
Army National Guard members to pursue course work in programs
leading to a certificate, a first associate, bachelor's, or
master's degree. To be eligible for the program, a Michigan Air and
Army National Guard member would have to be qualified in a military
occupational skill, remain in active drilling status with a service
contract, be a member in good standing, meet yearly physical
fitness and weight control standards, and maintain a 2.0 GPA (on a
4.0 scale).
INFORMATION TECHNOLOGY SERVICES AND PROJECTS
Sec. 311. The funds appropriated in part 1 for information
technology services and projects shall be used as a pass through
via an IDG to the department of technology, management, and budget
for technology services, including maintenance and repair services,
and technology projects, to maximize the operational efficiency and
effectiveness of the department.
Sec. 312. There is created and established under the
jurisdiction and control of the department of military and veterans
affairs a revolving account to be known as the billeting fund
account. All fees and other revenue generated from the operation of
the chargeable transient quarters program shall be deposited in the
billeting fund account. Appropriations shall be made from the
account for the support of program operations and the maintenance
and operations of the chargeable transient quarters program.
Appropriations shall not exceed the estimated revenues for the
fiscal year in which they are made, together with unexpended
balances from prior years. The department of military and veterans
affairs 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.
MICHIGAN VETERANS AFFAIRS AGENCY
MICHIGAN VETERANS AFFAIRS AGENCY ADMINISTRATION
Sec. 400. (1) The Michigan veterans affairs agency shall
provide outreach services to Michigan veterans that 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 will
communicate benefit eligibility information to at least 50% of
Michigan's veterans population, as assessed by annual census
estimates, with a goal of reaching 100% and enable 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
they are entitled.
(c) Provide sufficient staffing and other resources to approve
requests for military discharge certificates (DD-214) annually and
report that information as provided in section 219.
(d) Continue the process to digitize all medical records and
military discharge documents which are currently on paper and
microfilm, and report the number of digitized documents as provided
in section 219.
(e) Provide a report, as provided under section 219, 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, senate and house
fiscal agencies, and the state budget office no later than April 1
providing for the following:
(i) To the extent known, data on the estimated number of
homeless veterans, by county, in the state.
(ii) A summary of the activities and strategies developed to
date under the MVAA community assessment and regional service
delivery model pilot projects.
(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 grant agreement with veterans service organizations or by
other means.
(b) Regional coordinators shall provide the following
services:
(i) Coordinate veteran benefit counselors' efforts throughout
a specified region.
(ii) Coordinate services with the department of human
services, the department of community health, and the department of
corrections.
(iii) Coordinate with regional workforce and economic
development agencies.
(iv) Coordinate activities among local foundations, non-profit
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 may work with the department of human services
and the department of community health 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,
county veterans counselors, 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 the following:
(a) Report the following information as provided in section
219:
(i) The number of benefit claims, by type, submitted to the
USDVA by MVAA and coalition partner veteran service officers.
(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 our veterans. The MVAA shall report
information as provided in section 219 on the number and percentage
of county veterans counselors requesting training by the MVAA, with
an overall goal of 100% of county veterans counselors trained.
(5) From the funds appropriated in part 1 for MVAA operations,
the MVAA shall provide grant assistance to enhance the capacity and
capabilities of counties in providing benefit claims assistance.
These funds shall be used to continue the implementation of an
Internet-based data system, to increase the number of county
veterans counselors, and to increase the number of counties that
provide service to veterans through county veterans counselors. The
MVAA shall provide a report, as provided in section 219, on the
expenditures and activities of the grant funds directed by this
subsection.
(6) From the funds appropriated in part 1 for Michigan
veterans affairs agency administration, the MVAA is authorized to
expend up to $50,000.00 to hire legal services to represent
veterans benefit cases before federal court in order to maintain
accreditation under 38 CFR 14.628(d)(1)(iv).
VETERANS SERVICE GRANTS
Sec. 406. (1) The MVAA shall disburse VSO grants to assist
them to achieve agency goals and performance objectives in
partnership with the VSOs. Grants to VSOs will be disbursed to fund
programs and projects which are determined by the agency to meet
agency performance objectives and ensure that VSOs communicate the
availability of emergency grants through the Michigan veterans
trust fund. In disbursing veterans' service grants, the MVAA shall
do the following:
(a) Ensure that each VSO that receives grants is issued
performance standards.
(b) Ensure that each VSO that receives grant funds uses those
funds for veterans advocacy and outreach.
(c) Monitor the performance of each VSO that receives grants.
(2) Veterans services grants awarded by the MVAA to veterans
service organizations 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 a fixed hourly service rate.
(c) A specified number of service hours within each geographic
region of this state, with a statewide goal of at least 116,500
hours, including service hours provided to eligible incarcerated
veterans within 1 year of their earliest release date (ERD).
(d) Use of an MVAA-designated Internet-based claims data
system.
(3) The MVAA shall report the following information as
provided in section 219:
(a) A summary of activities supported through the
appropriation in part 1 for veterans service grants, including
separately for each service region, 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 of fully developed claims, by type, submitted
to the USDVA by veterans service organizations, with an overall
goal of 40% of benefit claims submitted that are considered fully
developed by the USDVA.
VETERANS' TRUST FUND ADMINISTRATION
Sec. 407. (1) 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.
(2) No later than December 1, the MVAA shall provide a
detailed report of the Michigan veterans' trust fund that includes,
for the prior fiscal year, information on grants provided from the
emergency grant program, including details concerning the
methodology of allocations, the selection of emergency grant
program authorized agents, a description of how the emergency grant
program is administered in each county, and a detailed breakdown of
trust fund expenditures for that year, including the amount
distributed to each county for 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.
(3) From the funds appropriated in part 1 to the Michigan
veterans agency administration, Michigan veterans' trust fund
administration, not more than $550,000.00 shall be expended on
administration costs; not more than $400,000.00 shall be expended
on establishing a system to apply for grants through an Internet
website, including posting all relevant information and
documentation needed for submitting a formal application
electronically; and not more than $450,000.00 shall be expended on
implementation of a regional office model. Any funds not expended
or encumbered at the end of the current fiscal year shall not lapse
but shall be deposited into the Michigan veterans' trust fund
corpus.
VETERANS' TRUST FUND GRANTS
Sec. 408. (1) The MVAA shall provide a report, as provided
under section 219, 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.
VETERANS' HOMES
Sec. 501. (1) The MVAA and the board of managers shall provide
compassionate and quality nursing and domiciliary care services at
the Grand Rapids and D.J. Jacobetti veterans' homes so that members
can achieve their highest potential of wellness, independence, and
self-worth.
(2) The department shall provide resources necessary to
provide adequate 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) Any contractor providing competency evaluated nursing
assistants to the Grand Rapids or D.J. Jacobetti veterans' home
shall ensure that each CENA has at least 1 eight-hour shift of
shadowing at the veterans' home.
(4) Any contractor providing competency evaluated nursing
assistants to the Grand Rapids or D.J. Jacobetti veterans' home
shall ensure that each CENA is competent in the basic skills needed
to perform his or her assigned duties at the veterans' home.
(5) Any contractor providing competency evaluated nursing
assistants to the Grand Rapids or D.J. Jacobetti veterans' home
shall ensure that each CENA has at least 1 year of experience in
long-term care.
(6) The Grand Rapids and D.J. Jacobetti veterans' homes shall
provide each CENA at least 12 hours of in-service training once
that individual has been assigned to the veterans' home.
(7) All complaints of abusive or neglectful care at the Grand
Rapids or D.J. Jacobetti veterans' home by a resident member, a
resident member's family or legal guardian, or staff of the
veterans' home, received by a supervisor shall be referred to the
director of nursing upon receipt of such complaint. The director of
nursing 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, the senate and house fiscal agencies, and the 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 or D.J. Jacobetti veterans' home.
(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.
(8) The Grand Rapids and D.J. Jacobetti veterans' homes 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 veterans' homes
shall provide all members and staff a safe and secure environment.
(9) The Grand Rapids and D.J. Jacobetti veterans' homes shall
implement controls over its food, maintenance supplies, and medical
supplies inventories.
(10) The Grand Rapids and D.J. Jacobetti veterans' homes shall
implement controls over its pharmaceutical inventory.
(11) The Grand Rapids and D.J. Jacobetti veterans' homes 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 veterans' homes shall establish
sufficient controls to ensure that all past due resident member
maintenance assessments are addressed within 30 days.
(12) The Grand Rapids and D.J. Jacobetti veterans' homes shall
establish sufficient controls over monetary donations and donated
goods.
(13) The Grand Rapids and D.J. Jacobetti veterans' homes shall
implement sufficient controls over the handling of resident member
funds to ensure the release of funds within 3 business 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 10 business days of the
death of that resident member.
(14) The MVAA shall post on its website all policies adopted
by the board of managers and the home related to the administrative
operations of the homes.
(15) The process by which visitors, residents, and employees
of the Grand Rapids or D.J. Jacobetti veterans' home may register
complaints shall be displayed in high-traffic areas throughout the
home.
(16) The MVAA shall report its findings regarding the state's
veterans' homes' compliance with the requirements and standards
under this section in an annual report to the legislature. The
annual report shall include all of the following:
(a) The number of patient care hours and staffing levels
measured against USDVA-VHA standards.
(b) The number and dollar value of lost and discarded
prescriptions and the number of early prescription refills.
(c) An accounting of resident member populations at the Grand
Rapids and D.J. Jacobetti veterans' homes by period of service, by
gender, by care setting, and by bed space available.
(d) The financial status of the Grand Rapids and D.J.
Jacobetti veterans' homes, including an accounting of post and
posthumous funds, donations, and state-appropriated funds.
(e) Information regarding assessments, reassessments, and
admissions at the Grand Rapids and D.J. Jacobetti veterans' homes.
(f) The number of volunteer hours at the Grand Rapids and D.J.
Jacobetti veterans' homes.
(17) The Grand Rapids and D.J. Jacobetti veterans' homes 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.
BOARD OF MANAGERS
Sec. 502. Each board of managers shall exercise certain
regulatory and governance authority regarding admission and member
affairs at the Grand Rapids or D.J. Jacobetti veterans' home. Each
board of managers shall also work to represent the interest of the
veterans' community in both advisory and advocacy roles.
CAPITAL OUTLAY
SPECIAL MAINTENANCE – NATIONAL GUARD
Sec. 601. (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, MCL 18.1248.
(2) The appropriations for special maintenance – National
Guard shall be expended in accordance with the requirements of
sections 302 and 304 and shall be expended according to the
maintenance priorities of the department to repair and modernize
military training sites and support facilities, 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 quarterly report as
provided under section 219 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.
SPECIAL MAINTENANCE – VETERANS' HOMES
Sec. 603. (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 section 501 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 quarterly report as provided
under section 219 providing information on the status, projected
costs, and projected completion date of current and planned special
maintenance projects at the Grand Rapids and D.J. Jacobetti
veterans' homes funded from capital outlay appropriations made in
part 1 and in prior appropriations years.
LAND AND ACQUISITIONS
Sec. 604. (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 219.
PART 2A
PROVISIONS CONCERNING ANTICIPATED APPROPRIATIONS
FOR FISCAL YEAR 2016-2017
GENERAL SECTIONS
Sec. 1201. It is the intent of the legislature to provide
appropriations for the fiscal year ending on September 30, 2017 for
the line items listed in part 1. The fiscal year 2016-2017
appropriations are anticipated to be the same as those for fiscal
year 2015-2016, excluding appropriations designated as 1-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
2016 consensus revenue estimating conference.
Sec. 1202. The veterans affairs agency shall provide the
percentage of Michigan veterans contacted with a goal of 100% and
report upon those outreach findings at quarterly legislative
hearings to the subcommittees.
Sec. 1203. The veterans affairs agency shall maintain a
minimum 50% fully developed claims as determined by the USDVA.
ARTICLE XV
DEPARTMENT OF NATURAL RESOURCES
PART 1
LINE-ITEM APPROPRIATIONS
Sec. 101. There is appropriated for the department of natural
resources for the fiscal year ending September 30, 2016, from the
following funds:
DEPARTMENT OF NATURAL RESOURCES
APPROPRIATION SUMMARY
Full-time equated unclassified positions.......... 6.0
Full-time equated classified positions........ 2,219.8
GROSS APPROPRIATION.................................... $ 387,997,200
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 1,352,700
ADJUSTED GROSS APPROPRIATION........................... $ 386,644,500
Federal revenues:
Total federal revenues................................. 76,028,000
Special revenue funds:
Total local revenues................................... 0
Total private revenues................................. 8,157,700
Total other state restricted revenues.................. 264,683,000
State general fund/general purpose..................... $ 37,775,800
FUND SOURCE SUMMARY
Full-time equated unclassified positions.......... 6.0
Full-time equated classified positions........ 2,219.8
GROSS APPROPRIATION.................................... $ 387,997,200
Interdepartmental grant revenues:
IDG, land acquisition services-to-work orders.......... 228,700
IDG, MacMullan conference center revenue............... 1,124,000
Total interdepartmental grants and intradepartmental
transfers............................................ 1,352,700
ADJUSTED GROSS APPROPRIATION........................... $ 386,644,500
Federal revenues:
Federal funds.......................................... 76,028,000
Total federal revenues................................. 76,028,000
Special revenue funds:
Private funds.......................................... 8,142,700
Private - Mann house trust fund........................ 15,000
Total private revenues................................. 8,157,700
Park improvement fund - Belle Isle subaccount.......... 1,000,000
Cervidae licensing and inspection fees................. 136,700
Clean Michigan initiative fund......................... 29,200
Commercial forest fund................................. 26,100
Fire equipment fund.................................... 662,900
Forest development fund................................ 35,934,400
Forest land user charges............................... 280,900
Forest recreation account.............................. 1,672,900
Game and fish protection fund.......................... 77,603,700
Game and fish protection fund - deer habitat reserve... 2,107,200
Game and fish protection fund - fisheries settlement... 945,700
Game and fish protection fund - turkey permit fees..... 1,002,700
Game and fish protection fund - waterfowl fees......... 157,700
Game and fish protection fund - wildlife management
public education fund................................ 1,600,000
Game and fish protection fund - wildlife resource
protection fund...................................... 1,116,700
Game and fish protection fund - youth hunting and
fishing education and outreach fund.................. 96,000
History fees fund...................................... 229,000
Invasive species fund.................................. 30,300
Land exchange facilitation fund........................ 6,093,500
Local public recreation facilities fund................ 1,589,700
Mackinac Island State Park fund........................ 1,844,500
Mackinac Island State Park operation fund.............. 192,400
Marine safety fund..................................... 3,139,000
Michigan heritage publications fund.................... 38,600
Michigan natural resources trust fund.................. 1,253,900
Michigan state parks endowment fund.................... 31,625,700
Michigan state waterways fund.......................... 22,007,200
Michigan trailways fund................................ 15,300
Museum operations fund................................. 497,300
Nongame wildlife fund.................................. 496,800
Off-road vehicle safety education fund................. 201,900
Off-road vehicle trail improvement fund................ 7,005,100
Park improvement fund.................................. 46,761,400
Permanent snowmobile trail easement fund............... 700,000
Public use and replacement deed fees................... 30,700
Recreation improvement account......................... 1,013,300
Recreation passport fees............................... 5,241,500
Snowmobile registration fee revenue.................... 1,240,700
Snowmobile trail improvement fund...................... 8,982,300
Sportsmen against hunger fund.......................... 76,600
Underwater preservation fund........................... 3,500
Total other state restricted revenues.................. 264,683,000
State general fund/general purpose..................... $ 37,775,800
Sec. 102. EXECUTIVE OPERATIONS
Full-time equated unclassified positions.......... 6.0
Full-time equated classified positions........... 11.6
Unclassified salaries--6.0 FTE positions............... $ 735,600
Executive direction--11.6 FTE positions................ 2,104,900
Natural resources commission........................... 77,100
GROSS APPROPRIATION.................................... $ 2,917,600
Appropriated from:
Special revenue funds:
Forest development fund................................ 366,100
Forest land user charges............................... 5,000
Forest recreation account.............................. 12,200
Game and fish protection fund.......................... 1,017,400
Game and fish protection fund - deer habitat reserve... 19,600
Game and fish protection fund - turkey permit fees..... 8,300
Game and fish protection fund - waterfowl fees......... 300
Game and fish protection fund - wildlife resource
protection fund...................................... 12,300
Land exchange facilitation fund........................ 19,600
Marine safety fund..................................... 32,300
Michigan natural resources trust fund.................. 1,400
Michigan state parks endowment fund.................... 408,000
Michigan state waterways fund.......................... 180,700
Nongame wildlife fund.................................. 5,200
Off-road vehicle safety education fund................. 500
Off-road vehicle trail improvement fund................ 81,200
Park improvement fund.................................. 439,500
Recreation improvement account......................... 2,100
Snowmobile registration fee revenue.................... 12,200
Snowmobile trail improvement fund...................... 14,400
Sportsmen against hunger fund.......................... 100
State general fund/general purpose..................... $ 279,200
Sec. 103. DEPARTMENT INITIATIVES
Full-time equated classified positions........... 16.0
Great Lakes restoration initiative..................... $ 5,500,000
Invasive species prevention and control--16.0 FTE
positions............................................ 4,997,000
GROSS APPROPRIATION.................................... $ 10,497,000
Appropriated from:
Special revenue funds:
Federal funds.......................................... 5,500,000
State general fund/general purpose..................... $ 4,997,000
Sec. 104. DEPARTMENT SUPPORT SERVICES
Full-time equated classified positions.......... 108.5
Finance and operations--104.5 FTE positions............ $ 17,551,700
Legislative and legal affairs--4.0 FTE positions....... 540,900
Building occupancy charges............................. 2,845,900
Gifts and pass-through transactions.................... 5,000,000
Rent - privately owned property........................ 488,400
Accounting service center.............................. 1,450,400
GROSS APPROPRIATION.................................... $ 27,877,300
Appropriated from:
Interdepartmental grant revenues:
IDG, land acquisition services-to-work orders.......... 228,700
Federal revenues:
Federal funds.......................................... 232,000
Special revenue funds:
Private funds.......................................... 5,000,000
Clean Michigan initiative fund......................... 29,200
Forest development fund................................ 2,381,700
Forest land user charges............................... 11,400
Forest recreation account.............................. 51,700
Game and fish protection fund.......................... 6,545,800
Game and fish protection fund - deer habitat reserve... 138,400
Game and fish protection fund - turkey permit fees..... 73,800
Game and fish protection fund - waterfowl fees......... 2,700
Game and fish protection fund - wildlife resource
protection fund...................................... 26,500
Land exchange facilitation fund........................ 5,943,100
Local public recreation facilities fund................ 89,700
Marine safety fund..................................... 440,000
Michigan natural resources trust fund.................. 1,230,500
Michigan state parks endowment fund.................... 1,002,400
Michigan state waterways fund.......................... 535,100
Nongame wildlife fund.................................. 20,200
Off-road vehicle safety education fund................. 500
Off-road vehicle trail improvement fund................ 85,100
Park improvement fund.................................. 1,214,400
Public use and replacement deed fees................... 30,700
Recreation improvement account......................... 11,200
Snowmobile registration fee revenue.................... 64,400
Snowmobile trail improvement fund...................... 86,500
Sportsmen against hunger fund.......................... 400
State general fund/general purpose..................... $ 2,401,200
Sec. 105. COMMUNICATION AND CUSTOMER SERVICES
Full-time equated classified positions.......... 133.3
Marketing and outreach--81.8 FTE positions............. $ 14,566,400
Michigan historical center--36.5 FTE positions......... 3,972,200
Special programs (Mann house)--1.0 FTE position........ 25,500
Museum stores--6.0 FTE positions....................... 497,300
Archives--8.0 FTE positions............................ 872,600
Michigan wildlife council.............................. 1,600,000
GROSS APPROPRIATION.................................... $ 21,534,000
Appropriated from:
Federal revenues:
Federal funds.......................................... 1,610,300
Special revenue funds:
Private funds.......................................... 389,700
Private - Mann house trust fund........................ 15,000
Forest development fund................................ 130,200
Forest recreation account.............................. 16,200
Game and fish protection fund.......................... 9,549,400
Game and fish protection fund - wildlife management
public education fund................................ 1,600,000
Game and fish protection fund - youth hunting and
fishing education and outreach fund.................. 92,500
History fees fund...................................... 229,000
Land exchange facilitation fund........................ 45,300
Marine safety fund..................................... 35,100
Michigan heritage publications fund.................... 38,600
Michigan state parks endowment fund.................... 87,700
Michigan state waterways fund.......................... 144,800
Museum operations fund................................. 497,300
Nongame wildlife fund.................................. 10,400
Off-road vehicle trail improvement fund................ 30,600
Park improvement fund.................................. 2,558,900
Recreation passport fees............................... 23,500
Snowmobile registration fee revenue.................... 19,100
Snowmobile trail improvement fund...................... 44,600
Sportsmen against hunger fund.......................... 75,500
Underwater preservation fund........................... 3,500
State general fund/general purpose..................... $ 4,286,800
Sec. 106. WILDLIFE DIVISION
Full-time equated classified positions.......... 226.5
Wildlife management--210.5 FTE positions............... $ 36,026,500
Natural resources heritage--9.0 FTE positions.......... 622,400
State game and wildlife area maintenance--7.0 FTE
positions............................................ 1,224,200
GROSS APPROPRIATION.................................... $ 37,873,100
Appropriated from:
Federal revenues:
Federal funds.......................................... 20,826,200
Special revenue funds:
Private funds.......................................... 311,000
Cervidae licensing and inspection fees................. 84,100
Forest development fund................................ 76,500
Game and fish protection fund.......................... 11,647,200
Game and fish protection fund - deer habitat reserve... 1,684,700
Game and fish protection fund - turkey permit fees..... 883,500
Game and fish protection fund - waterfowl fees......... 152,000
Nongame wildlife fund.................................. 421,800
State general fund/general purpose..................... $ 1,786,100
Sec. 107. FISHERIES DIVISION
Full-time equated classified positions.......... 221.5
Aquatic resource mitigation--2.0 FTE positions......... $ 976,000
Fish production--63.0 FTE positions.................... 10,041,700
Fisheries resource management--156.5 FTE positions..... 20,546,600
GROSS APPROPRIATION.................................... $ 31,564,300
Appropriated from:
Federal revenues:
Federal funds.......................................... 11,047,700
Special revenue funds:
Private funds.......................................... 133,800
Game and fish protection fund.......................... 19,152,000
Game and fish protection fund - fisheries settlement... 945,700
Invasive species fund.................................. 30,300
State general fund/general purpose..................... $ 254,800
Sec. 108. LAW ENFORCEMENT DIVISION
Full-time equated classified positions.......... 273.0
General law enforcement--273.0 FTE positions........... $ 40,554,400
GROSS APPROPRIATION.................................... $ 40,554,400
Appropriated from:
Federal revenues:
Federal funds.......................................... 6,359,800
Special revenue funds:
Cervidae licensing and inspection fees................. 52,600
Forest development fund................................ 44,600
Forest recreation account.............................. 71,500
Game and fish protection fund.......................... 19,756,800
Game and fish protection fund - wildlife resource
protection fund...................................... 1,038,200
Marine safety fund..................................... 1,316,600
Michigan state parks endowment fund.................... 70,100
Michigan state waterways fund.......................... 21,300
Off-road vehicle safety education fund................. 153,200
Off-road vehicle trail improvement fund................ 1,663,000
Park improvement fund.................................. 71,500
Snowmobile registration fee revenue.................... 708,800
State general fund/general purpose..................... $ 9,226,400
Sec. 109. PARKS AND RECREATION DIVISION
Full-time equated classified positions.......... 902.9
MacMullan conference center--15.0 FTE positions........ $ 1,124,000
Recreational boating--163.5 FTE positions.............. 17,154,700
State parks--673.4 FTE positions....................... 64,032,800
Forest recreation and trails--51.0 FTE positions....... 5,966,100
State park improvement revenue bonds - debt service.... 1,178,800
GROSS APPROPRIATION.................................... $ 89,456,400
Appropriated from:
Interdepartmental grant revenues:
IDG, MacMullan conference center revenue............... 1,124,000
Federal revenues:
Federal funds.......................................... 1,721,800
Special revenue funds:
Private funds.......................................... 421,200
Park improvement fund - Belle Isle subaccount.......... 1,000,000
Forest recreation account.............................. 1,466,500
Michigan state parks endowment fund.................... 20,462,800
Michigan state waterways fund.......................... 16,041,100
Michigan trailways fund................................ 15,200
Off-road vehicle safety education fund................. 7,200
Off-road vehicle trail improvement fund................ 1,767,500
Park improvement fund.................................. 41,176,600
Recreation improvement account......................... 328,000
Recreation passport fees............................... 268,000
Snowmobile registration fee revenue.................... 15,500
Snowmobile trail improvement fund...................... 1,429,000
State general fund/general purpose..................... $ 2,212,000
Sec. 110. MACKINAC ISLAND STATE PARK COMMISSION
Full-time equated classified positions........... 17.0
Historical facilities system--13.0 FTE positions....... $ 1,844,500
Mackinac Island park operations--4.0 FTE positions..... 392,500
GROSS APPROPRIATION.................................... $ 2,237,000
Appropriated from:
Special revenue funds:
Mackinac Island State Park fund........................ 1,844,500
Mackinac Island State Park operation fund.............. 192,400
State general fund/general purpose..................... $ 200,100
Sec. 111. FOREST RESOURCES DIVISION
Full-time equated classified positions.......... 309.5
Adopt-a-forest program................................. $ 25,000
Cooperative resource programs--11.0 FTE positions...... 1,326,100
Forest fire equipment.................................. 431,500
Forest management and timber market development--165.0
FTE positions........................................ 27,208,100
Forest management initiatives--8.5 FTE positions....... 836,400
Minerals management--17.0 FTE positions................ 2,775,200
Wildfire protection--108.0 FTE positions............... 13,293,700
GROSS APPROPRIATION.................................... $ 45,896,000
Appropriated from:
Federal revenues:
Federal funds.......................................... 3,100,400
Special revenue funds:
Private funds.......................................... 1,037,000
Commercial forest fund................................. 24,100
Fire equipment fund.................................... 662,900
Forest development fund................................ 27,370,100
Forest land user charges............................... 226,200
Game and fish protection fund.......................... 2,391,000
Michigan state parks endowment fund.................... 2,608,900
Michigan state waterways fund.......................... 50,100
State general fund/general purpose..................... $ 8,425,300
Sec. 112. GRANTS
Dam management grant program........................... $ 300,000
Deer habitat improvement partnership initiative........ 200,000
Federal - clean vessel act grants...................... 400,000
Federal - forest stewardship grants.................... 3,000,000
Federal - land and water conservation fund payments.... 2,566,900
Federal - rural community fire protection.............. 400,000
Federal - urban forestry grants........................ 1,600,000
Fisheries habitat improvement grants................... 2,000,000
Grants to communities - federal oil, gas, and timber
payments............................................. 3,450,000
Grants to counties - marine safety..................... 2,874,700
National recreational trails........................... 3,900,000
Non-motorized trail development and maintenance grants. 250,000
Off-road vehicle safety training grants................ 29,200
Off-road vehicle trail improvement grants.............. 3,356,200
Recreation improvement fund grants..................... 657,100
Recreation passport local grants....................... 1,000,000
Snowmobile law enforcement grants...................... 380,100
Snowmobile local grants program........................ 7,340,400
Trail easements........................................ 700,000
Wildlife habitat improvement grants.................... 1,500,000
Wildlife habitat improvement grants in state forests... 500,000
GROSS APPROPRIATION.................................... $ 36,404,600
Appropriated from:
Federal revenues:
Federal funds.......................................... 16,884,300
Special revenue funds:
Private funds.......................................... 100,000
Game and fish protection fund.......................... 4,000,000
Game and fish protection fund - deer habitat reserve... 200,000
Local public recreation facilities fund................ 1,000,000
Marine safety fund..................................... 1,207,300
Off-road vehicle safety education fund................. 29,200
Off-road vehicle trail improvement fund................ 3,356,200
Permanent snowmobile trail easement fund............... 700,000
Recreation improvement account......................... 657,100
Snowmobile registration fee revenue.................... 380,100
Snowmobile trail improvement fund...................... 7,340,400
State general fund/general purpose..................... $ 550,000
Sec. 113. INFORMATION TECHNOLOGY
Information technology services and projects........... $ 10,165,000
GROSS APPROPRIATION.................................... $ 10,165,000
Appropriated from:
Special revenue funds:
Commercial forest fund................................. 2,000
Forest development fund................................ 1,565,200
Forest land user charges............................... 38,300
Forest recreation account.............................. 54,800
Game and fish protection fund.......................... 3,544,100
Game and fish protection fund - deer habitat reserve... 64,500
Game and fish protection fund - turkey permit fees..... 37,100
Game and fish protection fund - waterfowl fees......... 2,700
Game and fish protection fund - wildlife resource
protection fund...................................... 39,700
Game and fish protection fund - youth hunting and
fishing education and outreach....................... 3,500
Land exchange facilitation fund........................ 85,500
Marine safety fund..................................... 107,700
Michigan natural resources trust fund.................. 22,000
Michigan state parks endowment fund.................... 1,485,800
Michigan state waterways fund.......................... 459,100
Michigan trailways fund................................ 100
Nongame wildlife fund.................................. 39,200
Off-road vehicle safety education fund................. 11,300
Off-road vehicle trail improvement fund................ 21,500
Park improvement fund.................................. 1,300,500
Recreation improvement account......................... 14,900
Snowmobile registration fee revenue.................... 40,600
Snowmobile trail improvement fund...................... 67,400
Sportsmen against hunger fund.......................... 600
State general fund/general purpose..................... $ 1,156,900
Sec. 114. CAPITAL OUTLAY
(a) RECREATIONAL LANDS AND INFRASTRUCTURE
State parks repair and maintenance..................... $ 12,200,000
State game and wildlife area infrastructure............ 3,600,000
GROSS APPROPRIATION.................................... $ 15,800,000
Appropriated from:
Federal revenues:
Federal funds.......................................... 3,600,000
Special revenue funds:
Michigan state parks endowment fund.................... 5,500,000
Recreation passport fees............................... 4,950,000
State general fund/general purpose..................... $ 1,750,000
(b) WATERWAYS BOATING PROGRAM
State harbors and boating access sites:
Infrastructure improvements – state projects........... $ 2,435,000
East Tawas state harbor................................ 1,200,000
Infrastructure improvements – local projects........... 381,600
Fayette State Park..................................... 250,000
Cedarville marina...................................... 300,000
Wyandotte Bishop Park marina........................... 1,170,500
Manistique marina...................................... 500,000
Hayes Township boating access site..................... 483,400
GROSS APPROPRIATION.................................... $ 6,720,500
Appropriated from:
Federal revenues:
Federal funds.......................................... 2,145,500
Special revenue funds:
Michigan state waterways fund.......................... 4,575,000
State general fund/general purpose..................... $ 0
Sec. 115. ONE-TIME BASIS APPROPRIATIONS
Forestry investment.................................... $ 4,000,000
Shooting range enhancement projects - capital outlay... 4,000,000
Recreation passport local grants (1-time).............. 500,000
GROSS APPROPRIATION.................................... $ 8,500,000
Appropriated from:
Federal revenues:
Federal funds.......................................... 3,000,000
Special revenue funds:
Private funds.......................................... 750,000
Forest development fund................................ 4,000,000
Local public recreation facilities fund................ 500,000
State general fund/general purpose..................... $ 250,000
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
FOR FISCAL YEAR 2015-2016
GENERAL SECTIONS
Sec. 201. Pursuant to section 30 of article IX of the state
constitution of 1963, total state spending from state resources
under part 1 for fiscal year 2015-2016 is $302,458,800.00 and state
spending from state resources to be paid to local units of
government for fiscal year 2015-2016 is $5,523,400.00. The itemized
statement below identifies appropriations from which spending to
local units of government will occur:
DEPARTMENT OF NATURAL RESOURCES
GRANTS
Dam management grant program........................... $ 150,000
Grants to counties – marine safety..................... 1,207,300
Off-road vehicle safety training grants................ 29,200
Off-road vehicle trail improvement grants.............. 526,100
Recreation improvement fund grants..................... 65,700
Recreation passport local grants....................... 1,500,000
Snowmobile law enforcement grants...................... 380,100
CAPITAL OUTLAY
Waterways boating program.............................. $ 1,665,000
TOTAL.................................................. $ 5,523,400
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) "Commission" means the natural resources commission.
(b) "Department" means the department of natural resources.
(c) "FTE" means full-time equated.
(d) "IDG" means interdepartmental grant.
(e) "IDT" means intradepartmental transfer.
Sec. 204. (1) For each new program or program expansion for
which funds in excess of $500,000.00 are appropriated in part 1,
the department shall identify specific benchmarks intended to
measure the performance or return on taxpayer investment of the
program and its associated expenditures. Not later than November 1,
2015, the department shall report the proposed benchmarks to the
house and senate appropriations subcommittees for that department,
the house and senate fiscal agencies, and the state budget
director. The department shall provide an update on its progress in
achieving those benchmarks at an appropriations subcommittee
meeting called for the purpose of discussing benchmarks and their
status.
(2) It is the intent of the legislature that, beginning with
the budget for the fiscal year ending September 30, 2016, any
proposal for a new program or an expansion of an existing program
in excess of $500,000.00 initiated by the executive branch or the
legislature shall include, as part of the original proposal or
budget request, a list of benchmarks intended to measure the
performance or return on taxpayer investment of the program or
spending increase.
Sec. 205. The departments and agencies receiving
appropriations in part 1 shall use the Internet to fulfill the
reporting requirements of this part. This requirement may include
transmission of reports via electronic mail to the recipients
identified for each reporting requirement, or it may include
placement of reports on an Internet or intranet site.
Sec. 206. Appropriations of state restricted game and fish
protection funds have been made in the following amounts to the
following departments and agencies:
Legislative auditor general............................ $ 30,700
Attorney general....................................... 735,100
Department of technology, management, and budget....... 438,300
Department of treasury................................. 2,782,900
Sec. 207. Pursuant to section 43703(3) of the natural
resources and environmental protection act, 1994 PA 451, MCL
324.43703, there is appropriated from the game and fish protection
trust fund to the game and fish protection account of the Michigan
conservation and recreation legacy fund, $6,000,000.00 for the
fiscal year ending September 30, 2016.
Sec. 210. Funds appropriated in part 1 shall not be used for
the purchase of foreign goods or services, or both, if
competitively priced and of comparable quality American goods or
services, or both, are available. Preference shall be given to
goods or services, or both, manufactured or provided by Michigan
businesses if they are competitively priced and of comparable
quality. In addition, preference should be given to goods or
services, or both, that are manufactured or provided by Michigan
businesses owned and operated by veterans, if they are
competitively priced and of comparable quality.
Sec. 211. The director of the department shall take all
reasonable steps to ensure businesses in deprived and depressed
communities compete for and perform contracts to provide services
or supplies, or both. The director shall strongly encourage firms
with which the department contracts to subcontract with certified
businesses in depressed and deprived communities for services,
supplies, or both.
Sec. 212. The department shall not take disciplinary action
against an employee for communicating with a member of the
legislature or his or her staff.
Sec. 214. Funds appropriated in this part and part 1 shall not
be used by a principal executive department, state agency, or
authority to hire a person to provide legal services that are the
responsibility of the attorney general. This prohibition does not
apply to legal services for bonding activities and for those
outside services that the attorney general authorizes.
Sec. 215. (1) In addition to the funds appropriated in part 1,
there is appropriated an amount not to exceed $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 $10,000,000.00 for state
restricted contingency funds. These funds are not available for
expenditure until they have been transferred to another line item
in part 1 under section 393(2) of the management and budget act,
1984 PA 431, MCL 18.1393.
(3) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $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 $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,
MCL 18.1393.
Sec. 217. 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. 218. The departments and agencies receiving
appropriations in part 1 shall prepare a report on out-of-state
travel expenses not later than January 1 of each year. The travel
report shall be a listing of all travel by classified and
unclassified employees outside this state in the immediately
preceding fiscal year that was funded in whole or in part with
funds appropriated in the department's budget. The report shall be
submitted to the 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 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. 220. Not later than November 30, the state budget office
shall prepare and transmit a report that provides for estimates of
the total general fund/general purpose appropriation lapses at the
close of the prior fiscal year. This report shall summarize the
projected year-end general fund/general purpose appropriation
lapses by major departmental program or program areas. The report
shall be transmitted to the chairpersons of the senate and house
appropriations committees, and the senate and house fiscal
agencies.
Sec. 222. Within 14 days after the release of the executive
budget recommendation, the department shall cooperate with the
state budget office to provide the senate and house appropriations
chairs, the senate and house appropriations 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, 2015 and September 30, 2016.
Sec. 223. Before January 31, 2016, the department, in
cooperation with the Michigan state waterways commission, shall
provide to the state budget director, the senate and house
appropriations subcommittees on natural resources, and the senate
and house fiscal agencies a list of projects completed by the
commission in fiscal year 2014-2015, including the county and
municipality in which each project is located.
Sec. 234. 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. 235. The department shall maintain, on a publicly
House Bill No. 4102 as amended April 28, 2015
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. 237. Total authorized appropriations from all sources
under part 1 for legacy costs for the fiscal year ending September
30, 2016 are $46,042,200.00. From this amount, total agency
appropriations for pension-related legacy costs are estimated at
$26,133,200.00. Total agency appropriations for retiree health care
legacy costs are estimated at $19,909,000.00.
Sec. 238. It is the intent of the legislature that
expenditures from appropriations in part 1, combined for this
fiscal year and subsequent fiscal years, not exceed $100,000.00 for
expenses related to the attorney general appealing the U.S.
district court for the District of Columbia's 2014 decision that
returned gray wolves to the federal endangered and threatened
species list.
[Sec. 239. The department of natural resources shall not expend state or federal appropriations in part 1 for enforcement of the decision in the U.S. district court for the District of Columbia case number 13-cv-00186-BAH that returned gray wolves to the federal endangered and threatened species list, unless gray wolves are removed from the endangered and threatened species list.]
DEPARTMENT INITIATIVES
Sec. 251. From the amounts appropriated in part 1 for invasive
species prevention and control, the department shall allocate not
less than $3,600,000.00 for grants for the prevention, detection,
eradication, and control of invasive species.
DEPARTMENT SUPPORT SERVICES
Sec. 302. The department may charge land acquisition projects
appropriated for the fiscal year ending September 30, 2016, and for
prior fiscal years, a standard percentage fee to recover actual
costs, and may use the revenue derived to support the land
acquisition service charges provided for in part 1.
Sec. 303. As appropriated in part 1, the department may charge
both application fees and transaction fees related to the exchange
or sale of state-owned land or rights in land authorized by part 21
of the natural resources and environmental protection act, 1994 PA
451, MCL 324.2101 to 324.2162. The fees shall be set by the
director of the department at a rate which allows the department to
recover its costs for providing these services.
COMMUNICATION AND CUSTOMER SERVICES
Sec. 404. For the purposes of administering the museum store
as provided in section 7a of 1913 PA 271, MCL 399.7a, the
department is exempt from section 261 of the management and budget
act, 1984 PA 431, MCL 18.1261.
Sec. 405. As appropriated in part 1, proceeds in excess of
costs incurred in the conduct of auctions, sales, or transfers of
artifacts no longer considered suitable for the collections of the
state historical museum may be expended upon receipt for additional
material for the collection. The department shall notify the
chairpersons, vice chairpersons, and minority vice chairpersons of
the senate and house appropriations subcommittees on natural
resources 1 week prior to any auctions or sales. Any unexpended
funds may be carried forward into the next succeeding fiscal year.
Sec. 406. As appropriated in part 1, funds collected by the
department for historical markers; document reproduction and
services; conferences, admissions, workshops, and training classes;
and the use of specialized equipment, facilities, exhibits,
collections, and software shall be used for expenses necessary to
provide the required services. The department may charge fees for
the aforementioned services, including admission fees. Any
unexpended funds may be carried forward into the next succeeding
fiscal year.
Sec. 408. By October 21, 2015, the department shall submit to
the senate and house appropriations subcommittees on natural
resources a report on all land transactions approved by the
commission in the fiscal year ending September 30, 2015. For each
land transaction, the report shall include the size of the parcel,
the county and municipality in which the parcel is located, the
dollar amount of the transaction, the fund source affected by the
transaction, and whether the transaction is by purchase, public
auction, transfer, exchange, or conveyance.
WILDLIFE DIVISION
Sec. 501. From the increased funds appropriated in part 1 for
wildlife management, the department shall utilize increased federal
funding made available from increased firearm and ammunition sales.
The purpose of this program expansion is to support the
restoration, conservation, management, and enhancement of wildlife
habitat on public and private lands.
Sec. 504. From the funds appropriated in part 1, the
department shall provide a report to the legislature on the use of
registration fees collected from privately owned cervid operations.
Appropriations in part 1 from cervidae licensing and inspection
fees shall not be used for anything other than work directly
related to the regulation of privately owned cervid operations in
this state.
FISHERIES DIVISION
Sec. 601. (1) From the appropriation in part 1 for aquatic
resource mitigation, not more than $758,000.00 shall be allocated
for grants to watershed councils, resource development councils,
soil conservation districts, local governmental units, and other
nonprofit organizations for stream habitat stabilization and soil
erosion control.
(2) The fisheries division in the department shall develop
priority and cost estimates for all projects recommended for grants
under subsection (1).
Sec. 602. As a condition of expenditure of fisheries
management appropriations under part 1, the department of natural
resources shall not impede the certification process for water
control structures on Michigan waterways. The department of natural
resources shall fund from funds appropriated in part 1 all non-
water-quality studies or requirements that the department requests
of either of the following:
(a) The department of environmental quality as a condition for
issuance of a certification under section 401 of the federal water
pollution control act, 33 USC 1341.
(b) The Federal Energy Regulatory Commission as a condition of
licensing under the federal power act, 16 USC 791a to 825r.
FOREST RESOURCES DIVISION
Sec. 801. From the increased funds appropriated in part 1 for
forest management and timber market development, the department
shall utilize funding made available from increased harvest of
timber on state forestlands. The purpose of this program expansion
is to strategically invest in technology and equipment enhancements
to expand the growth of the forest products economy.
Sec. 802. Of the funds appropriated in part 1, the department
shall, subject to the forest certification process, prescribe
treatment on 79,000 acres, prepare appropriate treatment for not
less than 67,500 acres at the current average rate of 12.5 to 15
cords per acre, and offer those cords for sale in the 2015-2016
fiscal year, provided that the department shall take into
consideration the impact of timber harvesting on wildlife habitat
and recreation uses. The department shall, subject to the forest
certification process, increase marking or treatment of hardwood
timber for sale and harvest by 10% over 2014-2015 fiscal year
levels. In addition, the department shall take into consideration
silvicultural analysis and report annually to the legislature on
plans and efforts to address factors limiting management of timber.
The department shall increase the number of prepared acres if it
appears that regional market demand requires increased volumes of
harvested timber. The department shall provide quarterly reports on
the number of acres treated, pursuant to this section, to the
senate and house appropriations subcommittees on natural resources
and the standing committees of the senate and house of
representatives with primary responsibility for natural resources
issues. The department shall complete and deliver these reports no
later than 45 days after the end of the fiscal quarter.
Sec. 803. In addition to the money appropriated in part 1, the
department may receive and expend money from federal sources for
the purpose of providing response to wildfires as required by a
compact with the federal government. If additional expenditure
authorization is required, the department shall notify the state
budget office that expenditure under this section is required. The
department shall notify the house and senate appropriations
subcommittees on natural resources and the house and senate fiscal
agencies of the expenditures under this section by November 1,
2016.
Sec. 805. The department shall spend amounts appropriated in
part 1 for forest-related activities to employ or contract for
sufficient foresters to mark timber, pursuant to section 802.
Sec. 807. (1) In addition to the funds appropriated in part 1,
there is appropriated from the disaster and emergency contingency
fund up to $800,000.00 to cover costs related to any disaster as
defined in section 2 of the emergency management act, 1976 PA 390,
MCL 30.402.
(2) Funds appropriated under subsection (1) shall not be
expended unless the state budget director recommends the
expenditure and the department notifies the house and senate
committees on appropriations. By December 1 each year, the
department shall provide a report to the senate and house fiscal
agencies and the state budget office on the use of the disaster and
emergency contingency fund during the prior fiscal year.
(3) If Federal Emergency Management Agency (FEMA)
reimbursement is approved for costs paid from the disaster and
emergency contingency fund, the federal revenue shall be deposited
into the disaster and emergency contingency fund.
(4) Unexpended and unencumbered funds remaining in the
disaster and emergency contingency fund at the close of the fiscal
year shall not lapse to the general fund and shall be carried
forward and be available for expenditures in subsequent fiscal
years.
Sec. 808. Using the funds appropriated in part 1, by April 1,
2016, the department shall develop a lawful and reasonable plan
designed to motivate lessees under state-granted oil and gas leases
past their primary term to undertake warranted new operations to
ensure that department-managed minerals are fully developed in an
orderly manner to increase and optimize production. The plan shall
be consistent with department procedure number 2306.E8.
LAW ENFORCEMENT
Sec. 901. The appropriation in part 1 for snowmobile law
enforcement grants shall be used by the department to provide
grants to county law enforcement agencies to enforce part 821 of
the natural resources and environmental protection act, 1994 PA
451, MCL 324.82101 to 324.82161, including rules promulgated under
that part and ordinances enacted pursuant to that part. The
department shall consider the number of enforcement hours and the
number of miles of snowmobile trails in each county in allocating
these grants. Any funds not distributed to counties revert back to
the snowmobile registration fee subaccount created under section
82111 of the natural resources and environmental protection act,
1994 PA 451, MCL 324.82111. Counties shall provide semiannual
reports to the department on the use of grant money received under
this section.
Sec. 902. The department shall provide a report on the marine
safety grant program to the senate and house appropriations
subcommittees on natural resources and the senate and house fiscal
agencies by December 1, 2015. The report shall include the
following information for the preceding year: the total amount of
revenue received for watercraft registrations, the amount deposited
into the marine safety fund, and the expenditures made from the
marine safety fund, including the amounts expended for department
administration, other state agencies, the law enforcement division,
and grants to counties. The report shall also include the
distribution methodology used by the department to distribute the
marine safety grants and a list of the grants and the amounts
awarded by county.
GRANTS
Sec. 1001. Federal pass-through funds to local institutions
and governments that are received in amounts in addition to those
included in part 1 for grants to communities - federal oil, gas,
and timber payments and that do not require additional state
matching funds are appropriated for the purposes intended. By
November 30, 2015, the department shall report to the senate and
house appropriations subcommittees on natural resources, the senate
and house fiscal agencies, and the state budget director on all
amounts appropriated under this section during the fiscal year
ending September 30, 2015.
CAPITAL OUTLAY
Sec. 1103. The appropriations in part 1 for capital outlay
shall be carried forward at the end of the fiscal year consistent
with the provisions of section 248 of the management and budget
act, 1984 PA 431, MCL 18.1248.
ARTICLE XVI
DEPARTMENT OF STATE POLICE
PART 1
LINE-ITEM APPROPRIATIONS
Sec. 101. There is appropriated for the department of state
police for the fiscal year ending September 30, 2016, from the
following funds:
DEPARTMENT OF STATE POLICE
APPROPRIATION SUMMARY
Full-time equated unclassified positions.......... 3.0
Full-time equated classified positions........ 3,081.0
GROSS APPROPRIATION.................................... $ 612,981,200
Interdepartmental grant and intradepartmental
transfer revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 26,224,300
ADJUSTED GROSS APPROPRIATION........................... $ 586,256,900
Federal revenues:
Total federal revenues................................. 87,945,900
Special revenue funds:
Total local revenues................................... 5,456,700
Total private revenues................................. 76,700
Total other state restricted revenues.................. 120,353,900
State general fund/general purpose..................... $ 372,923,700
State general fund/general purpose schedule:
Ongoing state general fund/general
purpose.................................. 368,723,700
One-time state general fund/general
purpose.................................... 4,200,000
Sec. 102. EXECUTIVE AND DEPARTMENTAL SERVICES
Full-time equated unclassified positions.......... 3.0
Full-time equated classified positions.......... 121.0
Unclassified positions--3.0 FTE positions.............. $ 585,500
Executive direction--20.0 FTE positions................ 3,047,300
State executive security--17.0 FTE positions........... 2,560,200
Capitol complex security--21.0 FTE positions........... 2,362,700
Departmental services--63.0 FTE positions.............. 86,098,700
GROSS APPROPRIATION.................................... $ 94,654,400
Appropriated from:
Interdepartmental grant and intradepartmental
transfer revenues:
IDG-MDOC, contract..................................... 3,000
IDG-MDOS............................................... 4,600
IDG-MDOT, state trunkline fund......................... 252,100
IDG-MDTR, casino gaming fees........................... 171,300
IDG-MDTR, emergency telephone fund coordinator......... 677,300
IDG-MDTR, emergency telephone fund operations.......... 68,400
IDG, training academy charges.......................... 215,200
IDT, truck safety fund................................. 46,200
Federal revenues:
DHS.................................................... 118,500
DOJ.................................................... 1,013,100
DOJ, interest bearing.................................. 8,142,000
DOT.................................................... 598,900
Special revenue funds:
Local - AFIS fees...................................... 81,900
Local - LEIN fees...................................... 1,018,100
Local - school bus revenue............................. 16,300
Auto theft prevention fund............................. 7,702,300
Criminal justice information center service fees....... 8,624,200
Drunk driving prevention and training fund............. 5,200
Forensic science reimbursement fees.................... 164,200
Hazardous materials training center fees............... 87,000
Highway safety fund.................................... 312,400
Michigan justice training fund......................... 290,700
Michigan merit award trust fund........................ 4,000
Motor carrier fees..................................... 358,500
Narcotic-related forfeiture revenue.................... 15,300
Nuclear plant emergency planning reimbursement......... 24,000
Reimbursed services.................................... 164,100
Secondary road patrol and training fund................ 564,300
Sex offenders registration fund........................ 225,200
State forensic laboratory fund......................... 261,600
State services fee fund................................ 253,800
Traffic crash revenue.................................. 245,000
Traffic law enforcement and safety fund................ 615,000
Truck driver safety fund............................... 2,200
State general fund/general purpose..................... $ 62,308,500
Sec. 103. LAW ENFORCEMENT SERVICES
Full-time equated classified positions.......... 495.0
Training--55.0 FTE positions........................... $ 12,777,200
Commission on law enforcement standards--18.0 FTE
positions............................................ 9,918,500
Criminal justice information center--120.0 FTE
positions............................................ 16,445,300
Forensic science--244.0 FTE positions.................. 40,570,600
Biometrics and identification--47.0 FTE positions...... 7,490,200
Sexual assault kit initiative--11.0 FTE positions...... 1,649,600
GROSS APPROPRIATION.................................... $ 88,851,400
Appropriated from:
Interdepartmental grant and intradepartmental
transfer revenues:
IDG-MDOC, contract..................................... 311,000
IDG-MDOS............................................... 357,200
IDG-MDOT, state trunkline fund......................... 1,165,800
IDG, training academy charges.......................... 2,619,000
IDT, Michigan justice training fund.................... 1,050,000
Federal revenues:
DOJ.................................................... 6,428,900
DOT.................................................... 2,591,200
Special revenue funds:
Local - SRMS fees...................................... 598,600
Criminal justice information center service fees....... 12,618,600
Drunk driving prevention and training fund............. 1,438,700
Forensic science reimbursement fees.................... 1,373,100
Michigan justice training fund......................... 8,195,600
Motor carrier fees..................................... 126,900
Precision driving track fees........................... 323,100
Private security licensing fees........................ 9,100
Secondary road patrol and training fund................ 647,300
Sex offenders registration fund........................ 383,500
State forensic laboratory fund......................... 1,501,200
State services fee fund................................ 7,669,300
Traffic crash revenue.................................. 90,200
State general fund/general purpose..................... $ 39,353,100
Sec. 104. FIELD SERVICES
Full-time equated classified positions........ 2,003.0
General law enforcement and traffic safety--1,662.0
FTE positions........................................ $ 234,484,300
Secure cities partnership.............................. 2,952,700
Security at events..................................... 100
Criminal investigations--341.0 FTE positions........... 59,665,300
GROSS APPROPRIATION.................................... $ 297,102,400
Appropriated from:
Interdepartmental grant and intradepartmental
transfer revenues:
IDG-MDTR, casino gaming fees........................... 5,949,000
IDT, auto theft funds.................................. 757,100
Federal revenues:
DOJ.................................................... 4,888,100
Equitable sharing programs - forfeiture revenue........ 536,800
Federal investigations - reimbursed services........... 1,087,400
Special revenue funds:
Local - reimbursed services............................ 2,062,900
Highway safety fund.................................... 10,770,000
Michigan merit award trust fund........................ 787,000
Narcotic-related forfeiture revenue.................... 797,100
Nonnarcotic forfeiture revenue......................... 99,000
State police service fees.............................. 2,282,500
Tobacco tax revenue.................................... 4,434,700
Traffic law enforcement and safety fund................ 24,593,800
Trooper school recruitment fund........................ 1,100
State general fund/general purpose..................... $ 238,055,900
Sec. 105. SPECIALIZED SERVICES
Full-time equated classified positions.......... 462.0
Special operations--158.0 FTE positions................ $ 26,877,000
Commercial vehicle enforcement--192.0 FTE positions.... 24,256,900
Emergency management and homeland security--85.0 FTE
positions............................................ 49,852,400
Highway safety planning--26.0 FTE positions............ 16,121,000
Secondary road patrol program--1.0 FTE position........ 11,065,700
GROSS APPROPRIATION.................................... $ 128,173,000
Appropriated from:
Interdepartmental grant and intradepartmental
transfer revenues:
IDG-MDOC, contract..................................... 25,600
IDG-MDOS............................................... 2,300
IDG-MDOT, state trunkline fund......................... 9,996,000
IDG-MDTR, casino gaming fees........................... 3,100
IDG-MDTR, emergency telephone fund coordinator......... 800
IDG-MDTR, emergency telephone fund operations.......... 669,200
IDG, training academy charges.......................... 7,800
IDT, auto theft funds.................................. 3,000
IDT, truck safety fund................................. 1,869,300
Federal revenues:
DHS.................................................... 41,783,500
DOJ.................................................... 595,400
DOT.................................................... 20,162,100
Special revenue funds:
Local - LEIN fees...................................... 4,600
Local - school bus revenue............................. 1,674,300
Private donations...................................... 76,700
Auto theft prevention fund............................. 2,100
Criminal justice information center service fees....... 44,500
Forensic science reimbursement fees.................... 4,400
Hazardous materials training center fees............... 1,106,600
Highway safety fund.................................... 5,600
Michigan justice training fund......................... 5,400
Michigan merit award trust fund........................ 2,100
Motor carrier fees..................................... 4,220,600
Narcotic-related forfeiture revenue.................... 1,200
Nuclear plant emergency planning reimbursement......... 2,652,100
Precision driving track fees........................... 100
Reimbursed services.................................... 584,800
Rental of departmental aircraft........................ 59,400
Secondary road patrol and training fund................ 11,065,700
State police service fees.............................. 500,000
State services fee fund................................ 15,300
Traffic law enforcement and safety fund................ 6,700
Truck driver safety fund............................... 2,016,500
State general fund/general purpose..................... $ 29,006,200
Sec. 106. ONE-TIME APPROPRIATIONS
129th trooper recruit school........................... $ 3,200,000
Sexual assault prevention and education initiative..... 500,000
Michigan International Speedway traffic control........ 500,000
GROSS APPROPRIATION.................................... $ 4,200,000
Appropriated from:
Special revenue funds:
State general fund/general purpose..................... $ 4,200,000
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
FOR FISCAL YEAR 2015-2016
GENERAL SECTIONS
Sec. 201. Pursuant to section 30 of article IX of the state
constitution of 1963, total state spending from state resources
under part 1 for fiscal year 2015-2016 is $493,277,600.00 and state
spending from state resources to be paid to local units of
government for fiscal year 2015-2016 is $15,464,100.00. The
itemized statement below identifies appropriations from which
spending to local units of government will occur:
DEPARTMENT OF STATE POLICE
Commission on law enforcement standards................ $ 3,839,900
Special operations..................................... 669,200
Secondary road patrol program.......................... $ 10,995,000
TOTAL.................................................. $ 15,464,100
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) "AFIS" means the automated fingerprint identification
system.
(b) "Department" means the department of state police.
(c) "DHS" means the United States Department of Homeland
Security.
(d) "DOJ" means the United States Department of Justice.
(e) "DOT" means the United States Department of
Transportation.
(f) "Fiscal agencies" means the Michigan senate fiscal agency
and the Michigan house fiscal agency.
(g) "FTE" means full-time equated.
(h) "IDG" means interdepartmental grant.
(i) "IDT" means intradepartmental transfer.
(j) "LEIN" means the law enforcement information network.
(k) "MDOC" means the Michigan department of corrections.
(l) "MDOS" means the Michigan department of state.
(m) "MDOT" means the Michigan department of transportation.
(n) "MDTR" means the Michigan department of treasury.
(o) "SRMS" means state records management system.
(p) "Subcommittees" means all members of the subcommittees of
the senate and house standing committees on appropriations with
jurisdiction over the budget for the department.
(q) "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. Based on the availability of federal funding and the
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. 206. (1) In addition to the funds appropriated in part 1,
there is appropriated an amount not to exceed $10,000,000.00 for
federal contingency funds. These funds are not available for
expenditure until they have been transferred to another line item
in part 1 under section 393(2) of the management and budget act,
1984 PA 431, MCL 18.1393.
(2) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $3,500,000.00 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 $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,
MCL 18.1393.
(4) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $200,000.00 for private
contingency funds. These funds are not available for expenditure
until they have been transferred to another line item in part 1
under section 393(2) of the management and budget act, 1984 PA 431,
MCL 18.1393.
Sec. 207. The department shall cooperate with the department
of technology, management, and budget to maintain a searchable
website that is accessible by the public at no cost that includes,
but is not limited to, all of the following:
(a) Fiscal year-to-date expenditures by category.
(b) Fiscal year-to-date expenditures by appropriation unit.
(c) Fiscal year-to-date payments to a selected vendor,
including the vendor name, payment date, payment amount, and
payment description.
(d) The number of active department employees by job
classification.
(e) Job specifications and wage rates.
Sec. 208. The 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. 209. Funds appropriated in part 1 and this part shall not
be used for the purchase of foreign goods or services, or both, if
competitively priced and of comparable quality American goods or
services, or both, are available. Preference shall be given to
goods or services, or both, manufactured or provided by Michigan
businesses, if they are competitively priced and of comparable
quality. In addition, preference shall be given to goods or
services, or both, that are manufactured or provided by Michigan
businesses owned and operated by veterans, if they are
competitively priced and of comparable quality.
Sec. 210. The department 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, for
the department. The director of the department 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. 215. 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. 218. The departments and agencies receiving
appropriations in part 1 shall prepare a report on out-of-state
travel expenses not later than January 1 of each year. The travel
report shall be a listing of all travel by classified and
unclassified employees outside this state in the immediately
preceding fiscal year that was funded in whole or in part with
funds appropriated in the department's budget. The report shall be
submitted to the 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 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. 222. 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 posts. The notification shall include a local and state
impact study of the proposed post closure or consolidation.
Sec. 223. 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. 224. Funds appropriated in part 1 or this part 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. 226. (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 state agencies.
Sec. 228. Not later than November 30, the state budget office
shall prepare and transmit a report that provides for estimates of
the total general fund/general purpose appropriations lapses at the
close of the prior fiscal year. This report shall summarize the
projected year-end general fund/general purpose appropriations
lapses by major departmental program or program areas. The report
shall be transmitted to the office of the state budget, the
chairpersons of the senate and house appropriations committees, the
subcommittees, and the fiscal agencies.
Sec. 229. Within 14 days after the release of the executive
budget recommendation, the department shall cooperate with the
state budget office to provide the senate and house appropriations
chairs, the subcommittees, and the fiscal agencies with an annual
report on estimated state restricted fund balances, state
restricted fund projected revenues, and state restricted fund
expenditures for the preceding and current fiscal years.
Sec. 230. 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. 233. Total authorized appropriations from all sources
under part 1 for legacy costs for the fiscal year ending September
30, 2016 are $122,920,900.00. From this amount, total agency
appropriations for pension-related legacy costs are estimated at
$66,961,400.00, and total agency appropriations for retiree health
care legacy costs are estimated at $55,959,500.00.
Sec. 238. Money privately donated to the department is
appropriated under part 1 to be used for the purposes designated by
the donor of the money, if specified.
Sec. 240. The accounting structures utilized by the department
via the Michigan administrative information network shall
accurately reflect the appropriation units, line items, and fund
sources established within part 1.
Sec. 245. The amount appropriated for the one-time costs
associated with the motor carrier school pursuant to section 106 of
part 1 of article XVI of 2014 PA 252, equivalent to $1,181,900.00,
shall lapse to the state general fund/general account at the close
of the preceding fiscal year and shall not be subject to a work
project designation under section 451a of the management and budget
act, 1984 PA 431, MCL 18.1451a.
Sec. 250. The department shall participate in a workgroup to
investigate means of minimizing fraud in the MIBridges benefits
programs. The members of the workgroup shall include, but are not
limited to, the department and the departments of community health,
human services, and state, and members of the house of
representatives and the senate. The workgroup shall, at a minimum,
address the following possibilities and make recommendations on the
implementation of any of the following items considered feasible:
(a) Whether the department of human services' policies
concerning the replacement of lost bridge cards sufficiently deter
improper use of those cards.
(b) What technologies may exist to deter the sale or other
improper use of bridge cards.
(c) Whether a state driver license or state identification
card might be used to replace the existing bridge cards.
(d)What federal policies exist that may inhibit or enhance
adoption of fraud minimization actions.
EXECUTIVE AND DEPARTMENTAL SERVICES
Sec. 303. (1) The department shall provide security services
at the State Capitol Complex facilities and the State Secondary
Complex.
(2) The department shall maintain the staff and resources
necessary to respond to emergencies at the State Capitol Complex,
State Secondary Complex, House Office Building, Farnum Building,
Capitol parking lot, Townsend Parking Ramp, Roosevelt Parking Ramp,
and other areas as directed.
(3) The department shall pursue federal grants to improve the
security at the Capitol Building.
(4) The department may develop a phased approach for improving
security at the Capitol Building.
(5) The department shall dedicate a minimum of 35,000 patrol
hours for the State Capitol Complex facilities.
LAW ENFORCEMENT SERVICES
Sec. 405. (1) 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.
(2) The department shall provide for the completion and
publication of crime statistics consistent with the uniform crime
reporting (UCR) program and the national incident-based report
system (NIBRS).
(3) The department shall provide for the compilation and
evaluation of traffic crash reports and the maintenance of the
state accident data collection system and shall make traffic crash
information available to the public at a reasonable cost. For bulk
access to the accident records in which the vehicle identification
number has been collected and computerized, the department shall
make those records available to the public at cost, provided that
the name and address have been excluded.
Sec. 412. (1) The department shall ensure its ability to
maintain accreditation by the American Society of Crime Laboratory
Directors/Laboratory Accreditation Board (ASCLD/LAB), or other
federally designated accrediting agency, as provided under 42 USC
14132.
(2) 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 by December 31, 2016.
(3) The department shall annually provide the following data
to the subcommittees and fiscal agencies:
(a) The average turnaround time for processing forensic
evidence across all disciplines.
(b) Forensic laboratory staffing levels, including scientists
in training, and vacancies.
(c) The number of backlogged cases in each discipline.
Sec. 414. The department shall annually provide information to
the subcommittees and fiscal agencies on the number of fingerprint
checks processed and background checks processed through the
Internet criminal history access tool (ICHAT).
Sec. 415. (1) From the funds appropriated in part 1 for the
sexual assault kit initiative, the department shall establish the
sexual assault kit initiative in the current fiscal year. The
purpose of this new initiative is to improve the case clearance
rates and turnaround times for the collection, submission, and
timely testing of all criminal sexual conduct kits.
(2) Not later than October 31, the department shall submit a
report to the subcommittees and fiscal agencies including, but not
limited to, the following information:
(a) Sexual assault kit analysis backlog at the beginning of
the preceding fiscal year.
(b) Number of sexual assault kits collected or submitted for
analysis during the preceding fiscal year.
(c) Number of sexual assault kits analyzed and number of
associated DNA profiles created and uploaded during the preceding
fiscal year.
(d) Sexual assault kit analysis backlog at the end of the
preceding fiscal year.
(e) Average turnaround time to analyze sexual assault kits and
create and upload associated DNA profiles for the preceding fiscal
year.
(f) The case clearance rate associated with sexual assault
kits for the preceding fiscal year.
(g) Estimates of the information included in subdivisions (a)
through (f) for the current fiscal year.
FIELD SERVICES
Sec. 501. (1) The department, in keeping with its role as the
general law enforcement agency of the state and as the law
enforcement agency of last resort for communities that are either
without local law enforcement resources or seriously underserved by
local law enforcement resources, shall provide general law
enforcement assistance to those communities until adequate law
enforcement services can be provided to those communities by other
means.
(2) 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, shall not be prohibited from
responding to crimes in progress or other emergency situations and
are responsible for making every effort to protect the residents of
this state.
(3) The department shall maintain the staffing and resources
necessary to continually work to enhance traffic safety throughout
the state and shall dedicate a minimum of 315,000 hours to
statewide patrol, of which a minimum of 30,000 shall be committed
to distressed cities in this state, and 4,000 shall be committed to
Belle Isle.
(4) The department shall maintain the staffing and resources
necessary to perform activities to maintain a 93% compliance rate
for reporting by registered sex offenders.
(5) The department shall submit a report on or before December
1 to the subcommittees and fiscal agencies regarding the secure
cities partnership during the prior fiscal year.
Sec. 503. (1) 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.
(2) The department shall maintain the staffing and resources
necessary to annually meet or exceed a case clearance rate of 60%.
(3) The tobacco tax enforcement unit shall dedicate a minimum
of 16,600 hours to tobacco tax enforcement and shall submit an
annual report on December 1 to the subcommittees, the senate and
house appropriations subcommittees on general government, and the
fiscal agencies that details expenditures and activities related to
tobacco tax enforcement for the prior fiscal year.
(4) The department shall maintain the staffing and resources
necessary to maintain readiness to respond appropriately to at
least 400 requests for fire investigation services and shall be
available for call out statewide 100% of the time.
SPECIALIZED SERVICES
Sec. 601. (1) The department shall operate the Michigan
intelligence operation center for homeland security as the state's
primary federally designated fusion center to gather, receive,
analyze, 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. The department shall create monthly suspicious
activity reports for public and private sector partners to
facilitate awareness of suspicious activities affecting homeland
security.
(3) 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.
(4) The canine unit shall be available for call out statewide
100% of the time.
(5) The bomb squad unit shall be available for call out
statewide 100% of the time.
(6) The emergency support teams shall be available for call
out statewide 100% of the time.
(7) The underwater recovery unit shall be available for call
out statewide 100% of the time.
(8) Aviation services shall be available for call out
statewide 100% of the time, unless prohibited by weather or
unexpected mechanical breakdowns.
Sec. 602. (1) The department shall maintain commercial vehicle
enforcement activities, including enforcement of requirements
concerning size, weight, and load restrictions; operating
authority; registrations; fuel taxes; the transportation of
hazardous materials; the operations of new entrants; and commercial
driver's licenses.
(2) The department shall maintain the staffing and resources
necessary to annually inspect at least 50,000 commercial vehicles.
Sec. 606. (1) 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 the 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 money. The state budget director
shall review the expenditures and submit recommendations to the
legislature in regard to any possible need for a supplemental
appropriation.
(2) In addition to the money 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 Michigan administrative information network 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 and the additional
authorization, the date of its approval, and the projected use of
funds to be expended under the authorization.
(3) 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.
(4) 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.
(5) In addition to the funds appropriated in part 1, there is
appropriated from the disaster and emergency contingency fund up to
$800,000.00 to cover 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.
(6) 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. No later than
December 1, the department shall provide an annual report to the
senate and house appropriations committees, the senate and house
fiscal agencies, and the state budget office on the use of the
disaster and emergency contingency fund during the prior fiscal
year.
Sec. 608. The department shall provide for the planning,
administration, and implementation of highway traffic safety
programs to save lives and reduce injuries on Michigan roads in
partnership with other public and private organizations.
Sec. 610. (1) The department shall provide funding to county
sheriffs to patrol secondary roads.
(2) The department shall provide the following information to
the subcommittees and fiscal agencies on secondary road patrol
activities supported by appropriations in part 1:
(a) The number of full-time equivalent county sheriff
secondary road patrol deputies.
(b) The number of hours dedicated to patrol under the
secondary road patrol program, with an annual goal of at least
178,000 hours.
(3) The information required to be reported under subsection
(2) shall be reported for each quarter of the fiscal year on a
semiannual basis.
ONE-TIME APPROPRIATIONS
Sec. 701. The department shall expend not more than the amount
appropriated in part 1 for Michigan International Speedway traffic
control to provide traffic control services for events at the
Michigan International Speedway.
ARTICLE XVII
STATE TRANSPORTATION DEPARTMENT
PART 1
LINE-ITEM APPROPRIATIONS
Sec. 101. There is appropriated for the state transportation
department for the fiscal year ending September 30, 2016, from the
following funds:
STATE TRANSPORTATION DEPARTMENT
APPROPRIATION SUMMARY
Full-time equated unclassified positions.......... 6.0
Full-time equated classified positions........ 2,912.3
GROSS APPROPRIATION.................................... $ 3,655,722,500
Total interdepartmental grants and intradepartmental
transfers............................................ 3,928,500
ADJUSTED GROSS APPROPRIATION........................... $ 3,651,794,000
Federal revenues:
Federal aid – transportation programs.................. 1,257,488,000
Total federal revenues................................. 1,257,488,000
Special revenue funds:
Local revenues......................................... 50,293,500
Private revenues....................................... 100,000
Total local and private revenues....................... 50,393,500
Blue Water Bridge fund................................. 23,943,300
Comprehensive transportation fund...................... 272,383,600
Economic development fund.............................. 42,859,000
IRS debt service rebate................................ 6,974,200
Intercity bus equipment fund........................... 140,000
Local bridge fund...................................... 29,235,400
Michigan transportation fund........................... 1,046,130,000
Rail freight fund...................................... 6,000,000
State aeronautics fund................................. 14,878,600
State trunkline fund................................... 741,847,300
Total other state restricted revenues.................. 2,184,391,400
State general fund/general purpose..................... $ 159,521,100
Sec. 102. DEBT SERVICE
State trunkline........................................ $ 194,617,900
Economic development................................... 11,672,600
Local bridge fund...................................... 2,406,800
Blue Water Bridge fund................................. 6,963,600
Airport safety and protection plan..................... 4,997,700
Comprehensive transportation........................... 18,202,200
GROSS APPROPRIATION.................................... $ 238,860,800
Appropriated from:
Federal revenues:
Federal aid – transportation programs.................. 45,766,900
Special revenue funds:
Blue Water Bridge fund................................. 6,963,600
Comprehensive transportation fund...................... 18,202,200
Economic development fund.............................. 11,672,600
Local bridge fund...................................... 2,406,800
IRS debt service rebate................................ 6,974,200
State aeronautics fund................................. 4,997,700
State trunkline fund................................... 141,876,800
State general fund/general purpose..................... $ 0
Sec. 103. COLLECTION, ENFORCEMENT, AND OTHER AGENCY
SUPPORT SERVICES
MTF grant to department of environmental quality....... $ 1,310,500
MTF grant to department of state for collection of
revenue and fees..................................... 20,000,000
MTF grant to department of treasury.................... 2,700,000
MTF grant to legislative auditor general............... 309,600
STF grant to department of attorney general............ 2,377,300
STF grant to civil service commission.................. 5,447,000
STF grant to department of technology, management, and
budget............................................... 1,136,300
STF grant to department of state police................ 11,413,900
STF grant to department of treasury.................... 149,200
STF grant to legislative auditor general............... 719,100
SAF grant to department of attorney general............ 173,800
SAF grant to civil service commission.................. 150,000
SAF grant to department of technology, management, and
budget............................................... 31,200
SAF grant to department of treasury.................... 75,300
SAF grant to legislative auditor general............... 29,700
CTF grant to department of attorney general............ 200,100
CTF grant to civil service commission.................. 200,000
CTF grant to department of technology, management, and
budget............................................... 36,800
CTF grant to department of treasury.................... 8,900
CTF grant to legislative auditor general............... 38,200
GROSS APPROPRIATION.................................... $ 46,506,900
Appropriated from:
Special revenue funds:
Comprehensive transportation fund...................... 484,000
Michigan transportation fund........................... 24,320,100
State aeronautics fund................................. 460,000
State trunkline fund................................... 21,242,800
State general fund/general purpose..................... $ 0
Sec. 104. EXECUTIVE DIRECTION
Full-time equated unclassified positions.......... 6.0
Full-time equated classified positions........... 29.3
Unclassified salaries.................................. $ 735,600
Asset management council............................... 1,626,400
Commission audit--29.3 FTE positions................... 3,347,900
GROSS APPROPRIATION.................................... $ 5,709,900
Appropriated from:
Special revenue funds:
Michigan transportation fund........................... 1,626,400
State trunkline fund................................... 4,083,500
State general fund/general purpose..................... $ 0
Sec. 105. BUSINESS SUPPORT
Full-time equated classified positions........... 53.0
Business support services--44.0 FTE positions.......... $ 6,625,800
Economic development and enhancement programs--9.0 FTE
positions............................................ 1,449,200
Property management.................................... 7,740,500
Worker's compensation.................................. 1,805,200
GROSS APPROPRIATION.................................... $ 17,620,700
Appropriated from:
Special revenue funds:
Comprehensive transportation fund...................... 1,742,700
Economic development fund.............................. 378,700
Michigan transportation fund........................... 777,100
State aeronautics fund................................. 661,900
State trunkline fund................................... 14,060,300
State general fund/general purpose..................... $ 0
Sec. 106. INFORMATION TECHNOLOGY
Information technology services and projects........... $ 31,429,600
GROSS APPROPRIATION.................................... $ 31,429,600
Appropriated from:
Federal revenues:
Federal aid – transportation programs.................. 520,500
Special revenue funds:
Blue Water Bridge fund................................. 53,600
Comprehensive transportation fund...................... 217,800
Economic development fund.............................. 37,200
Michigan transportation fund........................... 287,600
State aeronautics fund................................. 170,000
State trunkline fund................................... 30,142,900
State general fund/general purpose..................... $ 0
Sec. 107. FINANCE, CONTRACTS, AND SUPPORT SERVICES
Full-time equated classified positions.......... 185.0
Finance, contracts, and support services............... $ 21,416,800
GROSS APPROPRIATION.................................... $ 21,416,800
Appropriated from:
Interdepartmental grant revenues:
IDG for accounting service center user charges......... 3,928,500
Special revenue funds:
Michigan transportation fund........................... 1,545,500
State trunkline fund................................... 15,942,800
State general fund/general purpose..................... $ 0
Sec. 108. TRANSPORTATION PLANNING
Full-time equated classified positions.......... 141.0
Transportation planning--141.0 FTE positions........... $ 38,213,700
Grants to regional planning councils................... 488,800
GROSS APPROPRIATION.................................... $ 38,702,500
Appropriated from:
Federal revenues:
Federal aid – transportation programs.................. 20,000,000
Special revenue funds:
Comprehensive transportation fund...................... 610,500
Michigan transportation fund........................... 8,619,300
State aeronautics fund................................. 15,000
State trunkline fund................................... 9,457,700
State general fund/general purpose..................... $ 0
Sec. 109. DESIGN AND ENGINEERING SERVICES
Full-time equated classified positions........ 1,590.3
Systems operations management--460.6 FTE positions..... $ 78,572,900
Development and delivery--1,079.7 FTE positions........ 76,247,700
Welcome center operations--50.0 FTE positions.......... 4,457,200
GROSS APPROPRIATION.................................... $ 159,277,800
Appropriated from:
Federal revenues:
Federal aid – transportation programs.................. 23,529,800
Special revenue funds:
Michigan transportation fund........................... 11,913,200
State trunkline fund................................... 123,834,800
State general fund/general purpose..................... $ 0
Sec. 110. HIGHWAY MAINTENANCE
Full-time equated classified positions.......... 743.7
State trunkline operations--743.7 FTE positions........ $ 320,692,000
GROSS APPROPRIATION.................................... $ 320,692,000
Appropriated from:
Special revenue funds:
State trunkline fund................................... 320,692,000
State general fund/general purpose..................... $ 0
Sec. 111. ROAD AND BRIDGE PROGRAMS
State trunkline federal aid and road and bridge
construction......................................... $ 839,663,400
Local federal aid and road and bridge construction..... 240,443,000
Grants to local programs............................... 33,000,000
Rail grade crossing.................................... 3,000,000
Local bridge program................................... 26,828,600
County road commissions................................ 615,734,000
Cities and villages.................................... 343,299,300
GROSS APPROPRIATION.................................... $ 2,101,968,300
Appropriated from:
Federal revenues:
Federal aid – transportation programs.................. 982,720,800
Special revenue funds:
Local funds............................................ 30,000,000
Blue Water Bridge fund................................. 10,580,400
Local bridge fund...................................... 26,828,600
Michigan transportation fund........................... 995,033,300
State trunkline fund................................... 56,805,200
State general fund/general purpose..................... $ 0
Sec. 112. BLUE WATER BRIDGE
Full-time equated classified positions........... 41.0
Blue Water Bridge operations--41.0 FTE positions....... $ 6,345,700
GROSS APPROPRIATION.................................... $ 6,345,700
Appropriated from:
Special revenue funds:
Blue Water Bridge fund................................. 6,345,700
State general fund/general purpose..................... $ 0
Sec. 113. TRANSPORTATION ECONOMIC DEVELOPMENT
Forest roads........................................... $ 5,000,000
Rural county urban system.............................. 2,500,000
Target industries/economic redevelopment............... 7,385,300
Urban county congestion................................ 7,942,600
Rural county primary................................... 7,942,600
GROSS APPROPRIATION.................................... $ 30,770,500
Appropriated from:
Special revenue funds:
Economic development fund.............................. 30,770,500
State general fund/general purpose..................... $ 0
Sec. 114. AERONAUTICS SERVICES
Full-time equated classified positions........... 54.0
Aviation services--54.0 FTE positions.................. $ 7,039,300
GROSS APPROPRIATION.................................... $ 7,039,300
Appropriated from:
Special revenue funds:
State aeronautics fund................................. 7,039,300
State general fund/general purpose..................... $ 0
Sec. 115. PUBLIC TRANSPORTATION SERVICES
Full-time equated classified positions........... 36.0
Passenger transportation services--36.0 FTE positions.. $ 5,689,500
GROSS APPROPRIATION.................................... $ 5,689,500
Appropriated from:
Federal revenues:
Federal aid – transportation programs.................. 972,100
Special revenue funds:
Comprehensive transportation fund...................... 4,717,400
State general fund/general purpose..................... $ 0
Sec. 116. BUS TRANSIT DIVISION: STATUTORY OPERATING
Local bus operating.................................... $ 167,400,000
Nonurban operating/capital............................. 26,027,900
GROSS APPROPRIATION.................................... $ 193,427,900
Appropriated from:
Federal revenues:
Federal aid – transportation programs.................. 24,027,900
Special revenue funds:
Comprehensive transportation fund...................... 167,400,000
Local funds............................................ 2,000,000
State general fund/general purpose..................... $ 0
Sec. 117. PUBLIC TRANSPORTATION DEVELOPMENT
Specialized services................................... $ 17,938,900
Municipal credit program............................... 2,000,000
Transit capital........................................ 31,160,800
Van pooling............................................ 195,000
Service initiatives.................................... 2,349,800
Transportation to work................................. 3,900,000
GROSS APPROPRIATION.................................... $ 57,544,500
Appropriated from:
Federal revenues:
Federal aid – transportation programs.................. 16,350,000
Special revenue funds:
Local funds............................................ 5,635,000
Comprehensive transportation fund...................... 35,559,500
State general fund/general purpose..................... $ 0
Sec. 118. INTERCITY PASSENGER
Full-time equated classified positions........... 39.0
Office of rail--39.0 FTE positions..................... $ 6,355,400
Freight property management............................ 1,000,000
Detroit/Wayne County Port Authority.................... 468,200
Intercity services..................................... 5,690,000
Rail operations and infrastructure..................... 103,090,400
Marine passenger service............................... 400,000
Terminal development................................... 150,000
GROSS APPROPRIATION.................................... $ 117,154,000
Appropriated from:
Federal revenues:
Federal aid – transportation programs.................. 64,600,000
Special revenue funds:
Local funds............................................ 150,000
Private funds.......................................... 100,000
Comprehensive transportation fund...................... 43,449,500
Intercity bus equipment fund........................... 140,000
Rail freight fund...................................... 6,000,000
Michigan transportation fund........................... 2,007,500
State trunkline fund................................... 707,000
State general fund/general purpose..................... $ 0
Sec. 119. CAPITAL OUTLAY
(1) BUILDINGS AND FACILITIES
Special maintenance, remodeling, and additions......... $ 3,001,500
GROSS APPROPRIATION.................................... $ 3,001,500
Appropriated from:
State trunkline fund................................... 3,001,500
State general fund/general purpose..................... $ 0
(2) AIRPORT IMPROVEMENT PROGRAMS
Airport safety, protection and improvement program..... $ 93,043,200
GROSS APPROPRIATION.................................... $ 93,043,200
Appropriated from:
Federal revenues:
Federal aid – transportation programs.................. 79,000,000
Special revenue funds:
Local funds............................................ 12,508,500
State aeronautics fund................................. 1,534,700
State general fund/general purpose..................... $ 0
Sec. 120. ONE-TIME BASIS ONLY
State trunkline federal aid and road and bridge
construction......................................... $ 113,000,000
State and local road and bridge programs............... 20,000,000
Transit capital and rail infrastructure................ 25,000,000
Airport safety, protection and improvement program..... 1,521,100
GROSS APPROPRIATION.................................... $ 159,521,100
Appropriated from:
State general fund/general purpose..................... $ 159,521,100
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
FOR FISCAL YEAR 2015-2016
GENERAL SECTIONS
Sec. 201. Pursuant to section 30 of article IX of the state
constitution of 1963, total state spending from state resources
under part 1 for fiscal year 2015-2016 is $2,343,912,500.00 and
state spending from state resources to be paid to local units of
government for fiscal year 2015-2016 is $1,264,754,400.00. 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
State and local road and bridge programs............... 12,180,000
Grants to local programs............................... 33,000,000
Rail grade crossing.................................... 3,000,000
Local bridge program................................... 26,828,600
Grants to county road commissions...................... 615,734,000
Grants to cities and villages.......................... 343,299,300
Economic development fund.............................. 23,385,200
Local bus operating.................................... 167,400,000
Detroit/Wayne County Port Authority.................... 468,200
Marine passenger service............................... 400,000
Terminal development................................... 150,000
Specialized services................................... 3,853,900
Municipal credit program............................... 2,000,000
Transit capital........................................ 24,610,800
Service initiatives.................................... 999,800
Transportation to work................................. 3,900,000
Airport safety, protection, and improvement
program............................................... 3,055,800
Total payments to local units of government............ $ 1,264,754,400
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) "Amtrak" means the National Railroad Passenger
Corporation.
(b) "CTF" means comprehensive transportation fund.
(c) "Department" means the state transportation department.
(d) "Director" means the director of the department.
(e) "DOT" means the United States Department of
Transportation.
(f) "DOT-FHWA" means DOT, Federal Highway Administration.
(g) "FTE" means full-time equated.
(h) "IDG" means the interdepartmental grant.
(i) "IRS" means the Internal Revenue Service.
(j) "MTF" means Michigan transportation fund.
(k) "SAF" means state aeronautics fund.
(l) "STF" means state trunkline fund.
Sec. 204. (1) For each new program or program expansion for
which funds in excess of $500,000.00 are appropriated in part 1,
the department shall identify specific benchmarks intended to
measure the performance or return on taxpayer investment of the
program and its associated expenditures. Not later than November 1,
2015, the department shall report the proposed benchmarks to the
house and senate appropriations subcommittees for that department,
the house and senate fiscal agencies, and the state budget
director. The department shall provide an update on its progress in
achieving those benchmarks at an appropriations subcommittee
meeting called for the purpose of discussing benchmarks and their
status.
(2) It is the intent of the legislature that, beginning with
the budget for the fiscal year ending September 30, 2016, any
proposal for a new program or an expansion of an existing program
in excess of $500,000.00 initiated by the executive branch or the
legislature shall include, as part of the original proposal or
budget request, a list of benchmarks intended to measure the
performance or return on taxpayer investment of the program or
spending increase.
Sec. 206. (1) In addition to the funds appropriated in part 1,
there is appropriated an amount not to exceed $200,000,000.00 for
federal contingency funds. These funds are not available for
expenditure until they have been transferred to another line item
in 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 $40,000,000.00 for state
restricted contingency funds. These funds are not available for
expenditure until they have been transferred to another line item
in 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. 207. The department shall cooperate with the department
of technology, management, and budget to maintain a searchable
website accessible by the public at no cost that includes, but is
not limited to, all of the following:
(a) Fiscal year-to-date expenditures by category.
(b) Fiscal year-to-date expenditures by appropriation unit.
(c) Fiscal year-to-date payments to a selected vendor,
including the vendor name, payment date, payment amount, and
payment description.
(d) The number of active department employees by job
classification.
(e) Job specifications and wage rates.
Sec. 208. The departments and agencies receiving
appropriations in part 1 shall use the Internet to fulfill the
reporting requirements of this part. This requirement may include
transmission of reports via electronic mail to the recipients
identified for each reporting requirement, or it may include
placement of reports on an Internet or intranet site.
Sec. 209. Funds appropriated in part 1 shall not be used for
the purchase of foreign goods or services, or both, if
competitively priced and of comparable quality American goods or
services, or both, are available. Preference shall be given to
goods or services, or both, manufactured or provided by Michigan
businesses, if they are competitively priced and of comparable
quality. In addition, preference shall be given to goods or
services, or both, that are manufactured or provided by Michigan
businesses owned and operated by veterans, if they are
competitively priced and of comparable quality.
Sec. 210. The director shall take all reasonable steps to
ensure businesses in deprived and depressed communities compete for
and perform contracts to provide services or supplies, or both.
Each director shall strongly encourage firms with which the
department contracts to subcontract with certified businesses in
depressed and deprived communities for services, supplies, or both.
Sec. 212. The department and agencies receiving appropriations
in part 1 shall receive and retain copies of all reports funded
from appropriations in part 1. Federal and state guidelines for
short-term and long-term retention of records shall be followed.
The department may electronically retain copies of reports unless
otherwise required by federal and state guidelines.
Sec. 215. A department shall not take disciplinary action
against an employee for communicating with a member of the
legislature or his or her staff.
Sec. 228. Not later than November 30, the state budget office
shall prepare and transmit a report that provides for estimates of
the total general fund/general purpose appropriation lapses at the
close of the prior fiscal year. This report shall summarize the
projected year-end general fund/general purpose appropriation
lapses by major departmental program or program areas. The report
shall be transmitted to the office of the state budget, the
chairpersons of the senate and house of representatives standing
committees on appropriations, and the senate and house fiscal
agencies.
Sec. 229. Within 14 days after the release of the executive
budget recommendation, the department shall cooperate with the
state budget office to provide the state budget director, the
senate and house appropriations chairs, the senate and house
appropriations subcommittees on transportation, respectively, and
the senate and house fiscal agencies with an annual report on
estimated state restricted fund balances, state restricted fund
projected revenues, and state restricted fund expenditures for the
fiscal years ending September 30, 2015 and September 30, 2016.
Sec. 233. Not later than April 1, the department shall prepare
and transmit a report that provides detail regarding the
department's expenditures for administration and planning
associated with local units of government. The report shall list
the portion of all the expenditures from part 1 that are allocated
for administration and planning that are associated with the
disbursement of all local funds. The report shall be transmitted to
the office of the state budget, the senate and house appropriations
chairs, the senate and house appropriations subcommittees on
transportation, respectively, and the senate and house fiscal
agencies.
Sec. 235. 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. 260. 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. 262. 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. 263. (1) The department shall report no later than April
1, 2016 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, and the senate and house fiscal agencies.
(2) Funds appropriated in part 1 shall not be used by the
department to adopt a rule that will apply to a small business and
that will have a disproportionate economic impact on small
businesses because of the size of those businesses if the
department fails to reduce the disproportionate economic impact of
the rule on small businesses as provided under section 40 of the
administrative procedures act of 1969, 1969 PA 306, MCL 24.240.
(3) As used in this section:
(a) "Rule" means that term as defined under section 7 of the
administrative procedures act of 1969, 1969 PA 306, MCL 24.207.
(b) "Small business" means that term as defined under section
7a of the administrative procedures act of 1969, 1969 PA 306, MCL
24.207a.
Sec. 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. 271. Total authorized appropriations from all sources
under part 1 for legacy costs for the fiscal year ending September
30, 2016 are $68,873,400.00. From this amount, total agency
appropriations for pension-related legacy costs are estimated at
$39,092,200.00. Total agency appropriations for retiree health care
legacy costs are estimated at $29,781,200.00.
DEPARTMENTAL SECTIONS
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, MCL 15.261 to
15.275, and shall be conducted so as to provide a reasonable
opportunity for public comment, including both spoken and written
comments.
Sec. 303. On request, the department shall provide to a
legislator, in writing, a report on the amount of money to be
received by each city and village and the county road commission of
each county, that is included in whole or in part within the
legislator's legislative district.
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 by the auditor general as provided
in subsection (3).
(3) Biennially, in each even-numbered fiscal year, the auditor
general shall conduct an audit of charges to transportation funds
by state departments for the 2 preceding fiscal years. The audit
shall include both charges governed by interdepartmental contracts
as well as miscellaneous charges from other state departments not
governed by contracts. The auditor general shall prepare a detailed
report, with recommendations and conclusions, including a summary
of charges and related services to transportation funds by
department, the appropriateness of those charges, the cost
allocation methodologies used in determining the level of funding,
and any unreimbursed transportation-related costs, if any. The
report shall be provided to the senate and house of representatives
committees on appropriations, the senate and house fiscal agencies,
and the state budget director 9 months after publication of the
state of Michigan comprehensive annual financial report.
Sec. 307. Before March 1 of each year, the department will
provide to the legislature, the state budget office, and the house
and senate fiscal agencies its 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. (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 department activities related
to the prequalification of construction contractors under 1933 PA
170, MCL 123.501 to 123.508, and related administrative rules. The
report shall be submitted on or before March 1, 2016.
(2) The report shall include all of the following:
(a) A description of the department's processes and procedures
for evaluating construction contractor performance on capital
construction projects administered by the department including
state trunkline projects, rail infrastructure projects, local
agency federal-aid highway projects, and airport improvement
projects.
(b) Criteria that would cause the department to rate
contractor performance as unsatisfactory.
(c) The impact, if any, on a contractor's prequalification if
given an unsatisfactory performance rating by the department.
(d) A description of all department actions related to
unsatisfactory contractor performance ratings and restrictions on
contractor prequalification during the fiscal year ending September
30, 2015.
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. 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, 2015. The report shall include
all of the following:
(a) The balance in the state infrastructure bank at September
30, 2015, 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. 315. (1) On or before November 1, 2015, the department
shall report to the state budget director, the house and senate
appropriations subcommittees on transportation, and the house and
senate fiscal agencies on projects funded in full or in part under
the priority roads investment program authorized under 2013 PA 59
and 2014 PA 34. The report shall include all of the following:
(a) A description of the project.
(b) The name of the project owner.
(c) The beginning and ending points of the project.
(d) The nature of the project work.
(e) The amount expended by the department by fund source.
(f) The date of final project acceptance.
(2) In addition to the requirements of subsection (1), for
projects administered by a road agency other than the department,
the report shall also identify whether the project was performed
directly by a road agency or a private construction contractor,
total project cost, whether project cost was more or less than the
amount of priority roads investment program funding, and if project
cost was less than priority roads investment program funding, the
disposition of excess funds.
(3) If a road agency does not provide the information required
under subsection (2) to the department, the report shall identify
those road agency in the report required under subsection (1).
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. 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. 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, 2015. 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, purpose of
travel, and total estimated costs associated with the air travel.
(2) The report shall be submitted to the senate and house
appropriations subcommittees on transportation and the house and
senate fiscal agencies no later than February 1, 2016.
(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.
(5) It is the intent of the legislature that the department
work with the Michigan state police to establish a reciprocal
agreement on employing fixed-wing aircraft with specifically
designed equipment for use by the Michigan state police when
conducting operations.
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 Detroit River 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 Detroit River
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 Detroit River 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 reports to the state
budget director, the speaker of the house, the house 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 department activities
related to all nonconstruction or construction planning activities
related to the Detroit River International Crossing or a renamed
successor. The initial report shall be submitted on or before
December 1, 2015 and shall cover the fiscal year ending September
30, 2015.
(2) The initial report shall include, at a minimum, all of the
following:
(a) Department costs incurred in the fiscal year ending
September 30, 2015, including employee salaries, wages, benefits,
travel, and contractual services, and what activities those costs
were related to.
(b) Costs of other executive branch agencies incurred in the
fiscal year ending September 30, 2015, including employee salaries,
wages, benefits, travel, and contractual services, and what
activities those costs were related to.
(c) A breakdown of the source of funds used for the activities
described in subdivisions (a) and (b).
(d) A breakdown of reimbursements made by Canada under section
384(1) to the state for expenditures for staff resources used in
connection with project activities.
(e) A narrative description of the status of the Detroit River
International Crossing or a renamed successor, including efforts
undertaken to implement provisions of the crossing agreement
executed June 15, 2012 by representatives of the Canadian
government and this state.
(3) After submission of the initial report, a subsequent
report shall be submitted on March 1, 2016, June 1, 2016, and
September 1, 2016 and shall include the same information described
in subsection (2) for the applicable previous fiscal quarter.
Sec. 393. (1) 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 human services and the department of community
health. 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.
(2) The department shall report on efforts taken to implement
this section as well as section 393 of article XVII of 2011 PA 63.
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, 2016.
Sec. 394. The department and local road agencies shall make
the preservation of their existing road networks a funding
priority.
FEDERAL
Sec. 401. Within 30 days of receiving the applicable fiscal
year authorization from the federal government to commit
transportation funds, the department shall notify local agency
representatives, the senate and house of representatives
appropriations transportation subcommittees, the senate and house
fiscal agencies, and the state budget director regarding the amount
of federal aid for categorical allocations to state and local
agency programs not specifically allocated in either federal or
state law.
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, MCL
247.660o. A local road agency, with respect to a project approved
for federal aid funding in a state transportation improvement
program, may enter into a voluntary buyout agreement with the
department or with another local road agency to exchange the
federal aid with state restricted transportation funds as agreed to
by the respective parties. The state restricted transportation
funds received in exchange for federal aid funds shall be used for
the same purpose as the federal aid funds were originally intended.
MICHIGAN TRANSPORTATION FUND
Sec. 501. The money received under the motor carrier act, 1933
PA 254, MCL 475.1 to 479.43, and not appropriated to the department
of licensing and regulatory affairs or the department of state
police is deposited in the Michigan transportation fund.
Sec. 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, MCL 247.901 to 247.913, and section 10(5) of 1951 PA 51, MCL
247.660.
(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, MCL 324.71101 to 324.71108, and may only be used as
specified in this part and part 1, 1951 PA 51, MCL 247.651 to
247.675, and part 711 of the natural resources and environmental
protection act, 1994 PA 451, MCL 324.71101 to 324.71108.
STATE TRUNKLINE FUND
Sec. 601. (1) The department shall work with the road
construction industry and engineering consulting community to
develop a warranty program for capital road and bridge
construction, reconstruction, and rehabilitation projects. In
developing the warranty program, the department shall consider the
following:
(a) Scope of warranties, including warranties on materials and
workmanship, pavement or bridge performance criteria, and the
application of warranties to design/build projects.
(b) Length of warranty.
(c) Costs and benefits associated with scope of warranty and
various warranty provisions, including length of warranty.
(d) Any other relevant factors that might determine the use of
warranties and/or scope or length of warranty.
(e) Use of warranties on local agency projects administered by
the department.
(f) Other measures to identify premature failure of road
pavement or bridge elements and the related cause of failures.
(2) The department shall report on or before March 1, 2016 to
the house of representatives and senate appropriations
subcommittees on transportation, the state budget director, and the
house and senate fiscal agencies on the warranty program described
in subsection (1).
(3) On or before November 1, 2015, the department shall report
to the state budget director, the house and senate appropriations
subcommittees on transportation, and the house and senate fiscal
agencies on efforts to address findings noted in the performance
audit of the monitoring of warranties and road and bridge
construction projects issued by the office of auditor general,
February 2015. The report shall include a description of actions to
ensure the completeness and accuracy of the statewide warranty
administration database, the timely inspection of warranty
projects, and efforts to obtain corrective action by contractors.
Sec. 603. The department shall use traffic congestion as 1 of the
criteria in determining the priorities for designating which roads
shall be remediated in its 5-year road plan, which must be
submitted on or before March 1 of each year. Criteria for
evaluating traffic congestion shall include, but not be limited to,
coordination with local, county, and regional planning, improvement
in traffic operations, improvement in physical roadway conditions,
accident reduction, and coordination with area public
transportation planning.
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
safety-related, high-priority, and deferred routine maintenance
needs on Michigan's state trunkline network.
(2) The department shall identify specific outcomes and
performance measures for highway maintenance, including, but not
limited to, the following:
(a) Number of statewide crash fatalities.
(b) Number of statewide crash serious injuries.
(c) Percentage of roads in the paved federal aid system in
good or fair condition.
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,
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. 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 evaluate the use of a bituminous mix
which incorporates crumb rubber from scrap tires.
(3) 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, 2016.
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 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 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 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 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, MCL 474.67. At the close of
the fiscal year, any funds remaining in the rail freight fund shall
remain in the fund and be carried forward into the succeeding
fiscal year.
Sec. 703. After receiving notification from a railroad company
pursuant to section 8 of the state transportation preservation act
of 1976, 1976 PA 295, MCL 474.58, the department shall immediately
notify the house of representatives and senate appropriations
subcommittees on transportation and the state budget office that
the railroad company has filed with the appropriate governmental
agencies for abandonment of a line.
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 February 15
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 of
the 3 Amtrak routes 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.
Sec. 713. On or before November 1, 2015, the department shall
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 commuter rail demonstration
projects in the state, including the disposition of rail cars
leased by the department for commuter rail service.
Sec. 735. For the fiscal year ending September 30, 2016, the
appropriation to a street railway pursuant to section 10e(22) of
1951 PA 51, MCL 247.660e, is $0.
Sec. 740. The department shall report by March 1 of each year
to the house of representatives and senate appropriations
subcommittees on transportation, the house and senate fiscal
agencies, and the state budget director the encumbered and
unencumbered balances of the comprehensive transportation fund.
AERONAUTICS FUND
Sec. 801. Except as otherwise provided in section 903 for
capital outlay, at the close of the fiscal year, any unobligated
and unexpended balance in the state aeronautics fund created in the
aeronautics code of the state of Michigan, 1945 PA 327, MCL 259.1
to 259.208, shall lapse to the state aeronautics fund and be
appropriated by the legislature in the immediately succeeding
fiscal year.
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.
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 greater 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. 902. Before the end of each fiscal year, the state
transportation department shall report to the house and senate
appropriations subcommittees on transportation and the house and
senate fiscal agencies on the status of airport improvement
projects funded in part 1 with the estimated dollars allocated for
each project. If there has to be a delay in reporting, the state
transportation department shall notify the house and senate
appropriations subcommittees on transportation in writing of the
date the report will be received.
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, MCL 18.1248.
ONE-TIME APPROPRIATIONS
Sec. 1001. The 1-time state general fund/general purpose
appropriation in part 1 for state trunkline federal aid and road
and bridge construction shall be used to ensure that the state
match all available federal-aid highway funds.
Sec. 1002. The 1-time $20,000,000.00 general fund/general
purpose appropriation in part 1 for state and local road and bridge
programs shall be distributed to the state trunk line fund, county
road commissions, and cities and villages in the same percentages
described in section 10(1)(j) of 1951 PA 51, MCL 247.660. Funds
distributed to county road commissions under this section shall be
distributed among the county road commissions in accordance with
section 12 of 1951 PA 51, MCL 247.662. Funds distributed to cities
and villages under this section shall be distributed among cities
and villages in accordance with section 13 of 1951 PA 51, MCL
247.663.
Sec. 1003. By December 1, 2016, the department shall report to
the house and senate appropriations subcommittees on
transportation, and the house and senate fiscal agencies, on the
use of 1-time general fund/general purpose funds appropriated in
part 1 for transit capital and rail infrastructure. The report
shall include a summary of funds expended, encumbered, and lapsed
for both transit capital and rail infrastructure. With regard to
transit capital projects, the report shall include grantees, grant
amounts, project description, and project completion dates. With
regard to rail infrastructure projects, the report shall include
grant amounts, project description, and project completion dates.
