HB-5313, As Passed House, May 6, 2014
SUBSTITUTE FOR
HOUSE BILL NO. 5313
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, 2015 and other fiscal years; to provide for
certain conditions on appropriations; to provide for the
expenditure of the appropriations; and to repeal acts and parts of
acts.
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, 2015, from the following funds:
DEPARTMENT OF AGRICULTURE AND RURAL DEVELOPMENT
APPROPRIATION SUMMARY
Full-time equated unclassified positions.......... 6.0
Full-time equated classified positions.......... 440.0
GROSS APPROPRIATION.................................... $ 82,398,600
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 318,100
ADJUSTED GROSS APPROPRIATION........................... $ 82,080,500
Federal revenues:
Total federal revenues................................. 9,212,900
Special revenue funds:
Total private revenues................................. 98,300
Total other state restricted revenues.................. 29,893,200
State general fund/general purpose..................... $ 42,876,100
Sec. 102. DEPARTMENTWIDE
Full-time equated unclassified positions.......... 6.0
Full-time equated classified positions........... 27.0
Commissions and boards................................. $ 23,800
Unclassified positions--6.0 FTE positions.............. 724,700
Executive direction--9.0 FTE positions................. 1,392,800
Operational services--15.0 FTE positions............... 1,065,700
Statistical reporting service--1.0 FTE positions....... 150,900
Emergency management--2.0 FTE positions................ 559,500
Accounting service center.............................. 968,100
Building occupancy charges............................. 622,500
GROSS APPROPRIATION.................................... $ 5,508,000
Appropriated from:
Federal revenues:
HHS-FDA................................................ 282,600
Special revenue funds:
Private - commodity group revenue...................... 77,600
Agricultural preservation fund......................... 15,000
Agriculture licensing and inspection fees.............. 112,100
Freshwater protection fund............................. 22,200
Industry support funds................................. 53,500
Nonretail liquor fees.................................. 27,800
Refined petroleum fund................................. 220,300
State general fund/general purpose..................... $ 4,696,900
Sec. 103. INFORMATION AND TECHNOLOGY
Information technology services and projects........... $ 1,460,000
GROSS APPROPRIATION.................................... $ 1,460,000
Appropriated from:
Interdepartmental grant revenues:
IDG from LARA (LCC), liquor quality testing fees....... 3,200
Special revenue funds:
Agricultural preservation fund......................... 200
Agriculture equine industry development fund........... 84,800
Agriculture licensing and inspection fees.............. 32,400
Freshwater protection fund............................. 100
Gasoline inspection testing fund....................... 31,400
Nonretail liquor fees.................................. 500
State general fund/general purpose..................... $ 1,307,400
Sec. 104. FOOD AND DAIRY
Full-time equated classified positions.......... 107.0
Food safety and quality assurance--81.0 FTE positions.. $ 12,078,200
Milk safety and quality assurance--26.0 FTE positions.. 3,619,200
GROSS APPROPRIATION.................................... $ 15,697,400
Appropriated from:
Federal revenues:
HHS-FDA................................................ 1,175,800
USDA, multiple grants.................................. 134,200
Special revenue funds:
Consumer and industry food safety education fund....... 318,700
Dairy and food safety fund............................. 3,366,500
State general fund/general purpose..................... $ 10,702,200
Sec. 105. ANIMAL INDUSTRY
Full-time equated classified positions........... 60.0
Animal disease prevention and response--60.0 FTE
positions............................................ $ 8,836,600
Indemnification - livestock depredation................ 50,000
GROSS APPROPRIATION.................................... $ 8,886,600
Appropriated from:
Federal revenues:
HHS-FDA................................................ 45,900
USDA, multiple grants.................................. 519,500
Special revenue funds:
Agriculture licensing and inspection fees.............. 40,400
Animal welfare fund.................................... 217,400
State general fund/general purpose..................... $ 8,063,400
Sec. 106. PESTICIDE AND PLANT PEST MANAGEMENT
Full-time equated classified positions........... 86.0
Pesticide and plant pest management--81.0 FTE
positions............................................ $ 12,181,800
Producer security/grain dealers--5.0 FTE positions..... 646,700
GROSS APPROPRIATION.................................... $ 12,828,500
Appropriated from:
Federal revenues:
Department of interior................................. 222,600
EPA, multiple grants................................... 525,700
HHS-FDA................................................ 320,700
USDA, multiple grants.................................. 832,100
Special revenue funds:
Private - slow-the-spread foundation................... 20,700
Agriculture licensing and inspection fees.............. 3,818,700
Commodity inspection fees.............................. 437,100
Freshwater protection fund............................. 151,900
Grain dealers fee fund................................. 606,400
Horticulture fund...................................... 38,300
Industry support funds................................. 243,000
State general fund/general purpose..................... $ 5,611,300
Sec. 107. ENVIRONMENTAL STEWARDSHIP
Full-time equated classified positions........... 55.0
Environmental stewardship--8.0 FTE positions........... $ 1,246,100
Michigan agriculture environmental assurance program--
15.0 FTE positions................................... 3,984,100
Farmland and open space preservation--7.0 FTE
positions............................................ 584,000
Qualified forest program--9.0 FTE positions............ 1,935,000
Local conservation districts........................... 2,173,800
Migrant labor housing--9.0 FTE positions............... 1,214,300
Right-to-farm--3.0 FTE positions....................... 569,000
Intercounty drain--4.0 FTE positions................... 475,100
GROSS APPROPRIATION.................................... $ 12,181,400
Appropriated from:
Interdepartmental grant revenues:
IDG from MDEQ, biosolids............................... 101,400
Federal revenues:
Department of interior................................. 120,600
EPA, multiple grants................................... 305,600
USDA, multiple grants.................................. 917,000
Special revenue funds:
Agricultural preservation fund......................... 584,000
Freshwater protection fund............................. 5,013,000
Migratory labor housing fund........................... 164,600
Private forestland enhancement fund.................... 35,000
State general fund/general purpose..................... $ 4,940,200
Sec. 108. LABORATORY PROGRAM
Full-time equated classified positions........... 90.0
Laboratory services--36.0 FTE positions................ $ 5,409,200
USDA monitoring--13.0 FTE positions.................... 1,598,600
Consumer protection program--41.0 FTE positions........ 6,083,100
GROSS APPROPRIATION.................................... $ 13,090,900
Appropriated from:
Interdepartmental grant revenues:
IDG from LARA (LCC), liquor quality testing fees....... 213,500
Federal revenues:
EPA, multiple grants................................... 168,900
HHS-FDA................................................ 613,100
USDA, multiple grants.................................. 1,599,500
Special revenue funds:
Agriculture equine industry development fund........... 611,700
Agriculture licensing and inspection fees.............. 77,400
Gasoline inspection and testing fund................... 2,562,300
Refined petroleum fund................................. 3,691,700
Renewable fuels fund................................... 51,800
Testing fees........................................... 288,400
Weights and measures regulation fees................... 1,002,200
State general fund/general purpose..................... $ 2,210,400
Sec. 109. AGRICULTURE DEVELOPMENT
Full-time equated classified positions........... 14.0
Agriculture development--11.0 FTE positions............ $ 2,728,600
Food and agriculture industry growth initiative........ 1,000,000
Grape and wine program--3.0 FTE positions.............. 808,500
Rural development value-added grants................... 1,050,000
GROSS APPROPRIATION.................................... $ 5,587,100
Appropriated from:
Federal revenues:
USDA, multiple grants.................................. 1,429,100
Special revenue funds:
Industry support funds................................. 131,900
Nonretail liquor fees.................................. 783,400
State general fund/general purpose..................... $ 3,242,700
Sec. 110. FAIRS AND EXPOSITIONS
Full-time equated classified positions............ 1.0
Fairs and racing--1.0 FTE positions.................... $ 356,700
Shows and expositions.................................. 50,000
County fairs capital improvement grants................ 301,600
Purses and supplements - fairs/licensed tracks......... 1,184,600
Licensed tracks - light horse racing................... 67,400
Light horse racing - breeders' awards.................. 33,400
Standardbred breeders' awards.......................... 478,100
Standardbred purses and supplements - licensed tracks.. 882,700
Standardbred sire stakes............................... 399,700
Thoroughbred supplements - licensed tracks............. 645,400
Thoroughbred breeders' awards.......................... 599,700
Thoroughbred sire stakes............................... 409,400
GROSS APPROPRIATION.................................... $ 5,408,700
Appropriated from:
Special revenue funds:
Agriculture equine industry development fund........... 5,057,100
State general fund/general purpose..................... $ 351,600
Sec. 111. ONE-TIME BASIS ONLY
Food and agriculture industry growth initiative........ $ 1,750,000
GROSS APPROPRIATION.................................... $ 1,750,000
Appropriated from:
State general fund/general purpose..................... $ 1,750,000
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
FOR FISCAL YEAR 2014-2015
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 2014-2015 is $72,769,300.00 and state
spending from state resources to be paid to local units of
government for fiscal year 2014-2015 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.............................. $ 209,000
Michigan agriculture environment assurance program..... 2,000,000
Local conservation districts........................... 1,041,000
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.
House Bill No. 5313 (H-1) as amended May 6, 2014
(d) "FTE" means full-time equated.
(e) "HHS-FDA" means the United States department of health and
human services - food and drug administration.
(f) "IDG" means interdepartmental grant.
(g) "LARA" means the Michigan department of licensing and
regulatory affairs.
(h) "LCC" means the Michigan liquor control commission.
(i) "MDEQ" means the Michigan department of environmental
quality.
(j) "MDNR" means the Michigan department of natural resources.
(k) "MOU" means memorandum of understanding.
(l) "TB" means tuberculosis.
(m) "USDA" means the United States department of agriculture.
[Sec. 205. (1) For each new program or program increase for which funds are appropriated in part 1, the department shall report the following to the house and senate appropriations committees, the house and senate fiscal agencies, and the state budget director:
(a) By November 1, 2014, a list of specific benchmarks intended to measure the performance or return on taxpayer investment of the program and its associated expenditures.
(b) By March 1, 2015, an update on the progress of the program and the status of expenditures for the program as measured by those benchmarks.
(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 spending increase on existing programs initiated by the executive branch or the legislature shall include, as part of the original proposal or budget request, a specific 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 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, 2014 and September 30, 2015.
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, 2015 is $11,651,400.00. From this amount, total agency
appropriations for pension-related legacy costs are estimated at
$6,512,000.00. Total agency appropriations for retiree health care
legacy costs are estimated at $5,139,400.00.
Sec. 233. It is the intent of the legislature that the
department identify the amounts for normal retirement costs and
legacy retirement costs for the fiscal year ending on September 30,
2016 for the line items listed in part 1.
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 senate and house
appropriations subcommittees on agriculture and rural development
and the senate and house 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 senate and house appropriations subcommittees on
agriculture and rural development and the senate and house 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 senate and house appropriations subcommittees on
agriculture and rural development 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.
FOOD AND DAIRY
Sec. 402. Not later than April 1, the department shall provide
a report to the senate and house appropriations subcommittees on
agriculture and rural development and the senate and house fiscal
agencies describing significant food-borne outbreaks and
emergencies, including any enforcement actions taken related to
food safety during the immediately preceding fiscal year.
ANIMAL INDUSTRY
Sec. 451. From the funds appropriated in part 1 for bovine
tuberculosis, the department shall pay for all whole herd testing
costs and individual animal testing costs in the modified
accredited zone to maintain split-state status requirements. These
costs include indemnity and compensation for injury causing death
or downer to animals.
Sec. 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 each
member of the senate and house appropriations subcommittees on
agriculture and rural development and to the senate and house
fiscal agencies and to the state budget director.
(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 house and senate appropriations subcommittees on agriculture
and rural development, and the house and senate 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 obtain TB-free status for the area of
the Lower Peninsula that is zoned as modified accredited advanced.
The department shall also aggressively work toward eradicating
bovine TB in the modified accredited zone.
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 senate and house
appropriations subcommittees on agriculture and rural development,
and the senate and house 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
House Bill No. 5313 (H-1) as amended May 6, 2014
annual surveillance test requirements set out in the June 2007 MOU;
efforts to work with slaughter facilities in Michigan, as well as
those that slaughter a significant number of animals from Michigan;
educational programs and information for Michigan's livestock
community; any other item the legislature should be aware of that
will promote or hinder efforts to achieve bovine TB-free status for
Michigan.
Sec. 458. From the funds appropriated in part 1 for animal
industry, the department shall provide inspection and testing of
aquaculture facilities and aquaculture researchers as provided
under section 7 of the Michigan aquaculture development act, 1996
PA 199, MCL 286.877. It is the intent of the legislature that the
department shall work with aquaculture facilities and aquaculture
researchers to identify, contain, and eradicate viral hemorrhagic
septicemia in this state.
[Sec. 459. It is the intent of the legislature that the department shall not conduct whole herd bovine TB testing on any 1 herd in a TB-free zone more often than every 4 years or re-test until all other herds in their county have been tested, unless involved in an epidemiological investigation, there is an outbreak within a 10 radius mile area, or is not on a verified wildlife risk mitigated premises. If there is an outbreak within a 10 radius mile area, protocols outlined by the current memorandum of understanding with the USDA shall be used.]
ENVIRONMENTAL STEWARDSHIP
Sec. 601. The part 1 appropriation line item environmental
stewardship 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. 603. The appropriation in part 1 for local conservation
districts shall be allocated in the following manner:
(a) Of the total appropriation, [local conservation districts
House Bill No. 5313 (H-1) as amended May 6, 2014
] shall receive funds to carry out the functions of
environmental conservation and protection programs within that
district. The amount of money allocated under this subdivision
shall not be used by local conservation districts to replace any
funds received from local sources [ ].
(b) Any amount remaining from the appropriation after
distributions under subdivision (a) shall be allocated for local
conservation district training.
Sec. 605. No funds other than those appropriated in part 1 for
the Michigan agriculture environmental assurance program shall be
expended for administration or implementation of the Michigan
agriculture environmental assurance program.
Sec. 607. (1) It is the intent of the legislature that the
department continue its activities in support of intercounty
drainage districts as provided in chapter 5 of the drain code of
1956, 1956 PA 40, MCL 280.101 to 280.106.
(2) The department shall work with representatives of
intercounty drainage districts to develop a mutually agreeable
method of funding department costs associated with the intercounty
drainage program.
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.
AGRICULTURE DEVELOPMENT
Sec. 701. (1) The department shall establish and administer a
rural development value-added grant program. The program shall
promote the expansion of value-added agricultural production,
processing, and access within the state.
(2) The department shall award grants on a competitive basis
from the funds appropriated in part 1 for rural development value-
added grants. Grantees will be required to provide a cash match and
identify measurable project outcomes. Eligible grantees may
include, but are not limited to, individuals, partnerships,
cooperatives, private or public corporations, and local units of
government.
(3) A joint evaluation committee shall be selected by the
director with representatives with agriculture, business, and
economic development expertise. The joint evaluation committee
shall identify criteria, evaluate applications, and provide
recommendations to the director for final approval of grant awards.
(4) The department may expend money from the funds
appropriated in part 1 for the rural development value-added grants
for administering the program.
(5) The unexpended portion of the rural development value-
added grant program is considered a work project appropriation in
accordance with the management and budget act, 1984 PA 431, MCL
18.1101 to 18.1594.
(6) The department shall provide a year-end report no later
than September 30 of the current fiscal year to the senate and
house appropriations subcommittees on agriculture and rural
development and the senate and house fiscal agencies, including the
grantees, award amount, match funding, and project outcomes.
Sec. 706. Not later than April 1 of the current fiscal year,
the department shall provide a report to the senate and house
appropriations subcommittees on agriculture and rural development
and the senate and house fiscal agencies describing the
department's agriculture development and export market development
activities. The report shall identify grants awarded during the
prior fiscal year, including a description of federal or private
funds made available as a result of department activities.
Sec. 709. (1) Not later than April 1 of the current fiscal
year, the department shall provide a report to the senate and house
appropriations subcommittees on agriculture and rural development
and the senate and house 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 food and agriculture industry 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 the Michigan strategic fund or the
Michigan economic development corporation for the food and
agriculture industry 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 the Michigan strategic fund
or the Michigan economic development corporation under subsection
(2) for food and agriculture industry 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 food and agriculture industry 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 department's expenses to
administer horse racing programs and expenses for laboratory
analysis, shall be reduced proportionately if revenues to the
agriculture equine industry development fund decline during the
fiscal year ending September 30, 2014 to a level lower than the
amounts appropriated in section 110.
Sec. 803. In the event there is no live thoroughbred race meet
in 2013 or 2014, all purse money and program money appropriated for
the thoroughbred industry in fiscal year 2012-2013 and fiscal year
2013-2014 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.
Sec. 804. (1) the amount appropriated in part 1 for shows and
expositions shall be expended for the purpose of financial support,
promotion, prizes, and premiums of equine, livestock, and other
agricultural commodity expositions in Michigan.
(2) The department shall award grants for the purposes
stipulated in subsection (1) on a competitive basis to persons
organizing shows and expositions from the funds appropriated in
part 1 for shows and expositions. Grantees will be required to
provide a dollar-for-dollar cash match with grant awards and
identify measurable project outcomes.
(3) The department shall identify criteria, evaluate
applications, and provide recommendations to the director for final
approval of grant awards.
(4) The unexpended portion of the appropriation for shows and
expositions is considered a work project appropriation in
accordance with the management and budget act, 1984 PA 431, MCL
18.1101 to 18.1594.
(5) The department shall provide a year-end report no later
than September 30 of the current fiscal year to the senate and
house appropriations subcommittees on agriculture and rural
development and the senate and house fiscal agencies, including the
grantees, award amount, match funding, and project outcomes.
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 September 30 of the current fiscal year to the senate and
house appropriations subcommittees on agriculture and rural
development and the senate and house fiscal agencies, including the
grantees, award amount, match funding, and project outcomes.
PART 2A
PROVISIONS CONCERNING ANTICIPATED APPROPRIATIONS
FOR FISCAL YEAR 2015-2016
GENERAL SECTIONS
Sec. 1201. It is the intent of the legislature to provide
appropriations for the fiscal year ending on September 30, 2016 for
the line items listed in part 1. The fiscal year 2015-2016
appropriations are anticipated to be the same as those for fiscal
year 2014-2015, 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
House Bill No. 5313 (H-1) as amended May 6, 2014
determined after the January 2015 consensus revenue estimating
conference.
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, 2015,
from the following funds:
DEPARTMENT OF COMMUNITY HEALTH
APPROPRIATION SUMMARY
Full-time equated unclassified positions.......... 6.0
Full-time equated classified positions........ 3,648.1
Average population.............................. 893.0
GROSS APPROPRIATION................................... $ [17,465,200,800]
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 9,425,900
ADJUSTED GROSS APPROPRIATION.......................... $ [17,455,774,900]
Federal revenues:
Total federal revenues................................. 12,003,815,000
Social security act, temporary assistance for needy
families............................................. 22,830,400
Special revenue funds:
Total local revenues................................... 216,656,400
House Bill No. 5313 (H-1) as amended May 6, 2014
Total private revenues................................. 127,056,600
Merit award trust fund................................. 68,334,700
Total other state restricted revenues.................. 1,980,289,000
State general fund/general purpose..................... $ [3,036,792,800]
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..... $ 724,700
Departmental administration and management--180.7 FTE
positions............................................ 27,088,800
Worker's compensation program.......................... 5,000,500
Rent and building occupancy............................ 10,268,900
Developmental disabilities council and projects--10.0
FTE positions........................................ 3,042,200
GROSS APPROPRIATION.................................... $ 46,125,100
Appropriated from:
Federal revenues:
Total federal revenues................................. 15,472,900
Special revenue funds:
Total private revenues................................. 35,200
Total other state restricted revenues.................. 829,800
State general fund/general purpose..................... $ 29,787,200
Sec. 103. BEHAVIORAL HEALTH PROGRAM ADMINISTRATION
AND SPECIAL PROJECTS
Full-time equated classified positions.......... 103.0
Behavioral health program administration--102.0 FTE
positions............................................ $ 52,472,900
Gambling addiction--1.0 FTE position................... 3,003,900
Protection and advocacy services support............... 194,400
Community residential and support services............. 592,100
Federal and other special projects..................... 2,839,200
Family support subsidy................................. 18,149,900
Housing and support services........................... 13,238,800
GROSS APPROPRIATION.................................... $ 90,491,200
Appropriated from:
Federal revenues:
Total federal revenues................................. 39,461,200
Social security act, temporary assistance for needy
families............................................. 18,330,400
Special revenue funds:
Total private revenues................................. 200,000
Total other state restricted revenues.................. 3,003,900
State general fund/general purpose..................... $ 29,495,700
Sec. 104. BEHAVIORAL HEALTH SERVICES
Full-time equated classified positions............ 9.5
Medicaid mental health services........................ $ 2,206,980,600
Community mental health non-Medicaid services.......... 97,050,400
Mental health services for special populations......... 8,842,800
Medicaid substance use disorder services............... 43,115,300
CMHSP, purchase of state services contracts............ 139,465,600
Civil service charges.................................. 1,499,300
Federal mental health block grant--2.5 FTE positions... 15,445,500
State disability assistance program substance use
disorder services.................................... 2,018,800
Community substance use disorder prevention,
education, and treatment programs.................... 73,811,800
Children's waiver home care program.................... 21,544,900
Nursing home PAS/ARR-OBRA--7.0 FTE positions........... 12,260,600
Children with serious emotional disturbance waiver..... 12,647,900
Health homes........................................... 900,000
Healthy Michigan plan - behavioral health.............. 260,200,000
GROSS APPROPRIATION.................................... $ 2,895,783,500
Appropriated from:
Interdepartmental grant revenues:
Interdepartmental grant from the department of human
services............................................. 6,351,500
Federal revenues:
Total federal revenues................................. 1,845,236,000
Special revenue funds:
Total local revenues................................... 25,228,900
Total other state restricted revenues.................. 22,506,200
State general fund/general purpose..................... $ 996,460,900
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................ $ 56,257,100
Average population.............................. 185.0
Kalamazoo Psychiatric Hospital - adult--466.1 FTE
positions............................................ 64,409,100
Average population.............................. 189.0
Walter P. Reuther Psychiatric Hospital - adult--420.8
FTE positions........................................ 55,919,900
Average population.............................. 234.0
Hawthorn Center - psychiatric hospital - children and
adolescents--226.4 FTE positions..................... 28,778,000
Average population............................... 75.0
Center for forensic psychiatry--556.3 FTE positions.... 72,695,200
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.................................... $ 280,707,400
Appropriated from:
Federal revenues:
Total federal revenues................................. 34,724,400
Special revenue funds:
CMHSP, purchase of state services contracts............ 139,465,600
Other local revenues................................... 19,493,800
Total private revenues................................. 1,000,000
Total other state restricted revenues.................. 18,871,300
State general fund/general purpose..................... $ 67,152,300
Sec. 106. PUBLIC HEALTH ADMINISTRATION
Full-time equated classified positions.......... 100.4
Public health administration--7.3 FTE positions........ $ 1,574,000
Health and wellness initiatives--11.7 FTE positions.... 8,450,000
Vital records and health statistics--81.4 FTE
positions............................................ 11,483,500
GROSS APPROPRIATION.................................... $ 21,507,500
Appropriated from:
Interdepartmental grant revenues:
Interdepartmental grant from the department of human
services............................................. 1,208,200
Federal revenues:
Total federal revenues................................. 3,657,000
Special revenue funds:
Total other state restricted revenues.................. 12,053,900
State general fund/general purpose..................... $ 4,588,400
Sec. 107. HEALTH POLICY
Full-time equated classified positions........... 64.8
Certificate of need program administration--12.3 FTE
positions............................................ $ 2,785,200
Emergency medical services program--23.0 FTE positions. 6,421,800
Health innovation grants............................... 1,500,000
Health policy administration--24.1 FTE positions....... 3,112,700
Michigan essential health provider..................... 3,091,300
Minority health grants and contracts................... 612,700
Nurse education and research program--3.0 FTE
positions............................................ 774,400
Primary care services--1.4 FTE positions............... 4,067,900
House Bill No. 5313 (H-1) as amended May 6, 2014
Rural health services--1.0 FTE position................ [1,555,500]
GROSS APPROPRIATION.................................... $ [23,921,500]
Appropriated from:
Interdepartmental grant revenues:
Interdepartmental grant from the department of
licensing and regulatory affairs..................... 774,400
Interdepartmental grant from the department of
treasury, Michigan state hospital finance authority.. 116,200
Federal revenues:
Total federal revenues................................. 7,994,500
Special revenue funds:
Total private revenues................................. 865,000
Total other state restricted revenues.................. 6,565,700
State general fund/general purpose..................... $ [7,605,700]
Sec. 108. LABORATORY SERVICES
Full-time equated classified positions.......... 100.0
Laboratory services--100.0 FTE positions............... $ 19,043,200
GROSS APPROPRIATION.................................... $ 19,043,200
Appropriated from:
Interdepartmental grant revenues:
Interdepartmental grant from the department of
environmental quality................................ 975,600
Federal revenues:
Total federal revenues................................. 2,298,100
Special revenue funds:
Total other state restricted revenues.................. 8,993,900
State general fund/general purpose..................... $ 6,775,600
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.......... 30,094,200
Epidemiology administration--41.6 FTE positions........ 11,845,700
Healthy homes program--8.0 FTE positions............... 3,886,200
Immunization program--12.8 FTE positions............... 15,022,300
Newborn screening follow-up and treatment services--
10.5 FTE positions................................... 6,748,800
Sexually transmitted disease control program--20.0 FTE
positions............................................ 6,252,900
Tuberculosis control and prevention.................... 867,000
GROSS APPROPRIATION.................................... $ 76,571,200
Appropriated from:
Federal revenues:
Total federal revenues................................. 58,971,700
Special revenue funds:
Total private revenues................................. 338,800
Total other state restricted revenues.................. 11,110,500
State general fund/general purpose..................... $ 6,150,200
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............... 537,300
Medicaid outreach cost reimbursement to local health
departments.......................................... 9,000,000
GROSS APPROPRIATION.................................... $ 50,443,400
Appropriated from:
Federal revenues:
Total federal revenues................................. 9,537,300
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........... 96.0
AIDS prevention, testing, and care programs--31.7 FTE
positions............................................ $ 70,427,500
Cancer prevention and control program--12.0 FTE
positions............................................ 15,009,000
Chronic disease control and health promotion
administration--29.4 FTE positions................... 4,139,900
Diabetes and kidney program--8.0 FTE positions......... 1,893,300
Injury control intervention project.................... 1,350,000
Smoking prevention program--12.0 FTE positions......... 2,111,000
Violence prevention--2.9 FTE positions................. 1,824,000
GROSS APPROPRIATION.................................... $ 96,754,700
Appropriated from:
Federal revenues:
Total federal revenues................................. 49,169,800
Special revenue funds:
Total private revenues................................. 38,778,400
Total other state restricted revenues.................. 5,535,000
House Bill No. 5313 (H-1) as amended May 6, 2014
State general fund/general purpose..................... $ 3,271,500
Sec. 112. FAMILY, MATERNAL, AND CHILDREN'S HEALTH
SERVICES
Full-time equated classified positions........... 65.6
Childhood lead program--2.5 FTE positions.............. $ 1,236,200
Dental programs--3.0 FTE positions..................... 1,647,600
Dental program for persons with developmental
disabilities......................................... 151,000
Family, maternal, and children's health services
administration--46.1 FTE positions................... 7,817,800
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................................... [20,635,700]
Special projects....................................... 6,832,900
Sudden infant death syndrome program................... 321,300
GROSS APPROPRIATION.................................... $ [54,573,400]
Appropriated from:
Federal revenues:
Total federal revenues................................. 41,805,000
Social security act, temporary assistance for needy
families............................................. 2,500,000
Special revenue funds:
Total local revenues................................... 75,000
Total private revenues................................. 874,500
State general fund/general purpose..................... $ [9,318,900]
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............. $ 17,923,200
Women, infants, and children program local agreements
and food costs....................................... 256,285,000
GROSS APPROPRIATION.................................... $ 274,208,200
Appropriated from:
Federal revenues:
Total federal revenues................................. 213,130,300
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................... $ 5,582,100
Bequests for care and services--2.8 FTE positions...... 1,528,800
Outreach and advocacy.................................. 5,510,000
Nonemergency medical transportation.................... 1,505,900
Medical care and treatment............................. 187,931,700
GROSS APPROPRIATION.................................... $ 202,058,500
Appropriated from:
Federal revenues:
Total federal revenues................................. 106,258,400
Special revenue funds:
Total private revenues................................. 1,009,300
Total other state restricted revenues.................. 3,857,400
State general fund/general purpose..................... $ 90,933,400
Sec. 115. CRIME VICTIM SERVICES COMMISSION
Full-time equated classified positions........... 13.0
Grants administration services--13.0 FTE positions..... $ 2,128,100
Justice assistance grants.............................. 15,000,000
Crime victim rights services grants.................... 16,870,000
GROSS APPROPRIATION.................................... $ 33,998,100
Appropriated from:
Federal revenues:
Total federal revenues................................. 18,696,900
Special revenue funds:
Total other state restricted revenues.................. 15,301,200
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............................................ $ 7,600,700
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.................................... $ 99,492,600
Appropriated from:
Federal revenues:
Total federal revenues................................. 57,534,600
Special revenue funds:
Total private revenues................................. 677,500
Merit award trust fund................................. 4,068,700
Total other state restricted revenues.................. 1,400,000
State general fund/general purpose..................... $ 35,811,800
Sec. 117. MEDICAL SERVICES ADMINISTRATION
Full-time equated classified positions.......... 495.5
Medical services administration--435.5 FTE positions... $ 79,162,800
Healthy Michigan plan administration--36.0 FTE
positions............................................ 49,353,800
Facility inspection contract........................... 132,800
MIChild administration................................. 3,500,000
Electronic health record incentive program--24.0 FTE
positions............................................ 144,233,600
GROSS APPROPRIATION.................................... $ 276,383,000
Appropriated from:
Federal revenues:
Total federal revenues................................. 233,720,400
Special revenue funds:
Total local revenues................................... 105,900
Total private revenues................................. 100,000
Total other state restricted revenues.................. 331,700
State general fund/general purpose..................... $ 42,125,000
Sec. 118. MEDICAL SERVICES
Hospital services and therapy.......................... $ 1,176,851,000
Hospital disproportionate share payments............... 45,000,000
Physician services..................................... 389,549,100
Medicare premium payments.............................. 412,503,400
Pharmaceutical services................................ 296,047,000
Home health services................................... 5,792,700
Hospice services....................................... 114,669,100
Transportation......................................... 23,038,300
Auxiliary medical services............................. 7,268,800
Dental services........................................ 198,120,700
Ambulance services..................................... 9,374,300
Long-term care services................................ 1,410,855,900
Integrated care organization services.................. 478,495,500
Medicaid home- and community-based services waiver..... 325,318,000
Adult home help services............................... 287,148,600
Personal care services................................. 11,501,100
Program of all-inclusive care for the elderly.......... 66,672,600
Autism services........................................ 25,171,800
Health plan services................................... 4,609,208,700
MIChild program........................................ 71,220,100
Federal Medicare pharmaceutical program................ 150,883,900
Maternal and child health.............................. 20,279,500
Healthy Michigan plan.................................. 2,247,573,500
Subtotal basic medical services program................ 12,382,543,600
School-based services.................................. 112,102,700
Special Medicaid reimbursement......................... 321,831,500
Subtotal special medical services payments............. 433,934,200
GROSS APPROPRIATION.................................... $ 12,816,477,800
Appropriated from:
Federal revenues:
Total federal revenues................................. 9,214,801,700
Special revenue funds:
Total local revenues................................... 27,137,200
Total private revenues................................. 2,100,000
Merit award trust fund................................. 64,266,000
Total other state restricted revenues.................. 1,867,940,500
State general fund/general purpose..................... $ 1,640,232,400
Sec. 119. INFORMATION TECHNOLOGY
Information technology services and projects........... $ 37,002,700
Michigan Medicaid information system................... 50,201,100
GROSS APPROPRIATION.................................... $ 87,203,800
Appropriated from:
Federal revenues:
Total federal revenues................................. 45,480,400
Special revenue funds:
Total private revenues................................. 20,000,000
Total other state restricted revenues.................. 1,988,000
State general fund/general purpose..................... $ 19,735,400
Sec. 120. ONE-TIME BASIS ONLY APPROPRIATIONS
Hospital services and therapy - graduate medical
education............................................ $ 2,901,900
University autism programs............................. 1,500,000
Child and adolescent health services................... 2,000,000
Mental health commission recommendations............... 8,962,500
House Bill No. 5313 (H-1) as amended May 6, 2014
Dental clinic program.................................. 4,092,300
GROSS APPROPRIATION.................................... $ 19,456,700
Appropriated from:
Federal revenues:
Total federal revenues................................. 5,864,400
Social security act, temporary assistance for needy
families............................................. 2,000,000
State general fund/general purpose..................... $ 11,592,300
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
FOR FISCAL YEAR 2014-2015
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 2014-2015 is [$5,085,416,500.00] and
state spending from state resources to be paid to local units of
government for fiscal year 2014-2015 is $1,066,893,100.00. The
itemized statement below identifies appropriations from which
spending to local units of government will occur:
DEPARTMENT OF COMMUNITY HEALTH
BEHAVIORAL HEALTH PROGRAM ADMINISTRATION
Community residential and support services............. $ 757,200
Housing and support services........................... 812,800
BEHAVIORAL HEALTH SERVICES
State disability assistance program substance use
disorder services................................... $ 2,018,000
Community substance use disorder prevention,
education, and treatment programs................... 14,555,400
Medicaid mental health services........................ 731,787,400
Community mental health non-Medicaid services.......... 97,050,400
Mental health services for special populations......... 8,842,800
Medicaid substance use disorder services............... 14,857,900
Children's waiver home care program.................... 6,056,200
Nursing home PAS/ARR-OBRA.............................. 2,725,300
PUBLIC Health ADMINISTRATION
Health and wellness initiatives........................ $ 3,584,600
Health policy
Primary care services.................................. $ 413,900
LABORATORY SERVICES
Laboratory services.................................... $ 16,200
EPIDEMIOLOGY AND INFECTIOUS DISEASE
Immunization program................................... $ 1,123,500
Sexually transmitted disease control program........... 175,200
LOCAL HEALTH ADMINISTRATION AND GRANTS
Essential local public health services................. $ 35,736,100
Implementation of 1993 PA 133, MCL 333.17015........... 5,000
CHRONIC DISEASE AND INJURY PREVENTION AND HEALTH PROMOTION
AIDS prevention, testing, and care programs............ $ 1,600,100
Cancer prevention and control program.................. 94,700
Chronic disease control and health promotion
administration....................................... 12,000
FAMILY, MATERNAL, AND CHILDREN'S HEALTH SERVICES
Prenatal care outreach and service delivery support.... $ 1,500,000
CHILDREN'S SPECIAL HEALTH CARE SERVICES
Medical care and treatment............................. $ 939,700
Outreach and advocacy.................................. 2,226,000
CRIME VICTIM SERVICES COMMISSION
Crime victim rights services grants.................... $ 7,200,600
OFFICE OF SERVICES TO THE AGING
Community services..................................... $ 16,533,500
Nutrition services..................................... 10,587,000
Foster grandparent volunteer program................... 657,100
Retired and senior volunteer program................... 173,900
Senior companion volunteer program..................... 348,800
Respite care program................................... 5,115,000
MEDICAL SERVICES
Dental services........................................ $ 990,600
Long-term care services................................ 84,754,000
Transportation......................................... 1,359,300
Hospital services and therapy.......................... 2,344,700
Physician services..................................... 9,938,200
TOTAL OF PAYMENTS TO LOCAL UNITS
OF GOVERNMENT.......................................... $ 1,066,893,100
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) "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, 2015.
(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) "HIV" means human immunodeficiency virus.
(n) "HMO" means health maintenance organization.
(o) "IDEA" means the individuals with disabilities education
act, 20 USC 1400 to 1482.
(p) "MCH" means maternal and child health.
(q) "MIChild" means the program described in section 1670.
(r) "PAS/ARR-OBRA" means the preadmission screening and annual
House Bill No. 5313 (H-1) as amended May 6, 2014
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
title 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 XVIII" and "Medicare" mean title XVIII of the
social security act, 42 USC 1395 to 1395kkk-1.
(w) "Title XIX" and "Medicaid" mean title XIX of the social
security act, 42 USC 1396 to 1396w-5.
[Sec. 204. (1) For each new program or program increase for which funds are appropriated in part 1, the department shall report the following to the house and senate appropriations committees, the house and senate fiscal agencies, and the state budget director:
(a) By November 1, 2014, a list of specific benchmarks intended to measure the performance or return on taxpayer investment of the program and its associated expenditures.
(b) By March 1, 2015, an update on the progress of the program and the status of expenditures for the program as measured by those benchmarks.
(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 spending increase on existing programs initiated by the executive branch or the legislature shall include, as part of the original proposal or budget request, a specific 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 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 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 funds 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
and the house and senate fiscal agencies of the submission.
(2) The department shall provide written or verbal biannual
reports to the senate and house appropriations subcommittees on
community health and the senate and house fiscal agencies
summarizing the status of any new or ongoing discussions with the
centers for Medicare and Medicaid services or the federal
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 dual
Medicare/Medicaid eligibles when the final version of the plan has
been submitted to the federal centers for Medicare and Medicaid
services or the federal department of health and human services.
(4) At least 30 days before implementation of the plan for
integrated care for individuals who are dual Medicare/Medicaid
eligibles, the department shall submit the plan to the legislature
for review.
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. Within 180 days after receipt of the 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, the
department shall submit a written report to the house and senate
House Bill No. 5313 (H-1) as amended May 6, 2014
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 and the department of technology,
management, and budget shall establish an automated annual metric
collection, validation, and reporting process for contracts via the
state's e-procurement system. The department shall report the status of
this work and a project plan to the house and senate appropriations
subcommittees on community health and the house and senate fiscal
agencies by October 1 of the current fiscal year.
(2) By June 30 of the current fiscal year, the department shall
provide 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
House Bill No. 5313 (H-1) as amended May 6, 2014
$1,000,000.00 or more funded 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. 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. Beginning October 1, 2014, no less than 90% of a new
department contract supported solely from state restricted funds or
general 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.
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:
(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 on
community health, 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, 2013 and
September 30, 2015.
Sec. 297. Total authorized appropriations from all sources
under part 1 for legacy costs for the fiscal year ending September
30, 2015 is $89,124,600.00. From this amount, total agency
appropriations for pension-related legacy costs are estimated at
$49,676,000.00. Total agency appropriations for retiree health care
legacy costs are estimated at $39,448,600.00.
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.
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 shall
competitively award grants in accordance with the requirements of
subsection (2). The state shall not be liable for any spending
above the contract amount.
(2) From the funds appropriated in part 1 for mental health
services for special populations, the department shall require each
contractor to comply with performance related metrics to maintain
their eligibility for funding. The organizational metrics shall
include, but not be limited to, all of the following:
(a) Each contractor or subcontractor shall have accreditations
that attest to their competency and effectiveness as behavioral
health and social service agencies.
(b) Each contractor or subcontractor shall have a mission that
is consistent with the purpose of the mental health and social
services appropriations for special populations.
(c) Each contractor shall validate that any subcontractors
utilized within these appropriations share the same mission as the
lead agency receiving funding.
(d) Each contractor or subcontractor shall demonstrate cost-
effectiveness.
(e) Each contractor or subcontractor shall ensure their
ability to leverage private dollars to strengthen and maximize
service provision.
(f) Each contractor or subcontractor shall provide timely and
accurate reports regarding the number of clients served, units of
service provision, and ability to meet their stated goals.
(3) The department shall require an annual report from the
contractors 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.
Sec. 404. (1) Not later than May 31 of the current fiscal
year, the department shall provide a report on the community mental
health services programs, 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.
(c) Financial information that, minimally, includes a
description of funding authorized; expenditures by client group and
fund source; and cost information by service category, including
administration and funds specified for outside contracts. Service
category includes all department-approved services.
(d) Data describing service outcomes that includes, but is 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, including information about
the number of individuals in the service delivery system who have
requested and are clinically appropriate for different services.
(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 program, including, but not limited to, both of 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) 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 in local
residential settings and paraprofessional and other nonprofessional
direct care workers 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.
(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 services 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. 412. The department shall contract directly with the
Salvation Army harbor light program to provide non-Medicaid
substance use disorder services.
Sec. 418. On or before the tenth 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. 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 on accreditation of healthcare
organizations, the commission on accreditation of rehabilitation
facilities, the council of accreditation, 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, $3,350,000.00 is intended to address
the recommendations of the mental health diversion council.
Sec. 496. CMHSPs and PIHPs are permitted to offset state
funding reductions by limiting the administrative component of
their contracts with providers and case management to a maximum of
9%.
Sec. 502. (1) The department shall explore developing an
outreach program on fetal alcohol syndrome services. The department
shall report to the senate and house appropriations subcommittees
on community health and the senate and house fiscal agencies by
April 1 of the current fiscal year on efforts to prevent and combat
fetal alcohol syndrome as well as deficiencies in efforts to reduce
the incidence of fetal alcohol syndrome.
(2) The department shall explore federal grant funding to
address prevention services for fetal alcohol syndrome and reduce
alcohol consumption among pregnant women. The department shall
submit a progress report to the senate and house appropriations
subcommittees on community health and the senate and house fiscal
agencies by April 1 of the current fiscal year on efforts to secure
federal grants.
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.
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. 650. By October 1 of the current fiscal year, the
department shall provide to the senate and house appropriations
subcommittees on community health a report that includes detailed
information regarding the current process by which fish consumption
advisories are created and revised. The department shall include
all of the following information in the report:
(a) The triggers to begin the process for developing the fish
consumption advisories, such as evidence of human disease, fish
residue data, and biomonitoring data.
(b) The process for developing and modifying a fish
consumption advisory, including the data inputs used, the rationale
behind the selection of particular fish for collection, whether the
process has been independently reviewed and validated by a
scientific panel or benchmarked in any way, and the reasons for the
lack of any independent review, validation, or benchmarking.
(c) The type of data specific to a particular body of water
that would be needed to modify a current fish consumption advisory,
including the data quality criteria that are used to determine if
data are suitable for use in the assessment and exclusions to
bodies of data and the justifications for such exclusions.
(d) Information on the ways stakeholder input is incorporated
into the fish consumption advisory process prior to an advisory
being issued.
(e) Information on how advisory analyses are documented,
including how uncertainty analyses are conducted and reported, with
information as to whether these evaluations are publicly available
and, if not available, an explanation of why any such evaluations
are not publicly available.
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
opportunites, 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. 709. (1) The funds appropriated in part 1 for the
Michigan essential health care provider program may also provide
loan repayment for dentists that fit the criteria established by
part 27 of the public health code, 1978 PA 368, MCL 333.2701 to
333.2727.
(2) From the funds appropriated in part 1 for the Michigan
essential health provider program, the department may reduce the
local and private share of the loan and repayment costs to 25% for
primary care physicians, particularly obstetricians and
gynecologists working in underserved areas.
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 evaluate options for
incentivizing students attending medical schools in this state to
meet their primary care residency requirements in this state and
ultimately, for some period of time, to remain in this state and
serve as primary care physicians.
Sec. 717. (1) 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.
(2) The unexpended funds appropriated for the health
innovation grants 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
address emerging issues and encourage cutting edge advances in
health care including strategic partners in both the public and
private sectors.
(b) The project will be accomplished by providing incentive
grants.
(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, 2019.
EPIDEMIOLOGY AND INFECTIOUS DISEASE
Sec. 851. (1) From the funds appropriated in part 1 for the
healthy homes program, no less than $1,250,000.00 shall be
allocated for lead abatement of homes.
(2) The department shall coordinate its lead abatement efforts
with the Michigan community action agency association, specifically
on the issue of window replacement.
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. 1104. (1) Before April 1 of the current fiscal year, the
department shall submit a report to the house and senate fiscal
agencies and the state budget director on planned allocations from
the amounts appropriated in part 1 for local MCH services, prenatal
care outreach and service delivery support, family planning local
agreements, and pregnancy prevention programs. Using applicable
federal definitions, the report shall include information on all of
the following:
(a) Funding allocations.
(b) Actual number of women, children, and adolescents served
and amounts expended for each group for the immediately preceding
fiscal year.
(c) A breakdown of the expenditure of these funds between
urban and rural communities.
(2) The department shall ensure that the distribution of funds
through the programs described in subsection (1) takes into account
the needs of rural communities.
(3) For the purposes of this section, "rural" means a county,
city, village, or township with a population of 30,000 or less,
including those entities if located within a metropolitan
statistical area.
Sec. 1106. Each family planning program receiving federal
title X family planning funds under 42 USC 300 to 300a-8 shall be
House Bill No. 5313 (H-1) as amended May 6, 2014
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. 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, [$1,500,000.00] shall be
allocated for a pregnancy and parenting support services program[
], which program must promote childbirth and
alternatives to abortion. 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.
Sec. 1137. From the funds appropriated in part 1 for prenatal
care outreach and service delivery support, not less than
$500,000.00 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 113 of part 1 for family, maternal, and children's health
services pursuant to section 1 of 2002 PA 360, MCL 333.1091.
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.
CRIME VICTIM SERVICES COMMISSION
Sec. 1302. From the funds appropriated in part 1 for justice
assistance grants, up to $200,000.00 shall be allocated for
expansion of 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, 2019.
Sec. 1503. For the funds appropriated in part 1 for Healthy
Michigan plan administration, the department 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. By
October 1, 2014, the department shall provide the state budget
office and the house and senate fiscal agencies with the relevant
accounting structure and associated business objects script and
report that groups administrative costs.
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. 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 the state of Michigan.
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 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: 401, 402, 404, 411, 418,
424, 428, 494, 496, 605, 1607, 1657, 1662, 1699, 1764, 1775, 1850,
1858, and 1881.
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. Health coverage for children in families between
160% and 212% of the federal poverty level shall be provided
through a state-based private health care program.
(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 above 150% of the
federal poverty level. The monthly premiums shall not be less than
$10.00 or exceed $15.00 for a family.
Sec. 1677. The MIChild program shall provide 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) The department shall implement enforcement
actions as specified in the nursing facility enforcement provisions
of section 1919 of title XIX, 42 USC 1396r.
(2) 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.
(3) 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, $378,000.00 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 may make separate payments in
the amount of $45,000,000.00 directly to qualifying hospitals
serving a disproportionate share of indigent patients and to
hospitals providing GME training programs. If direct payment for
GME and DSH is made to qualifying hospitals for services to
Medicaid clients, hospitals shall not include GME costs or DSH
payments in their contracts with HMOs.
(2) The department shall allocate $45,000,000.00 in DSH
funding using the distribution methodology used in fiscal year
2003-2004.
(3) By September 30 of the current fiscal year, the department
shall report to the senate and house appropriations subcommittees
on community health and the senate and house fiscal agencies on the
new distribution of funding to each eligible hospital from the GME
and DSH pools.
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. 1764. The department shall annually certify rates paid to
Medicaid health plans and specialty prepaid inpatient health plans
as being actuarially sound in accordance with federal requirements
and shall provide a copy of the rate certification and approval
immediately to the house and senate appropriations subcommittees on
community health and the house and senate fiscal agencies. The
department shall consider, in the case of Medicaid policy bulletins
affecting Medicaid health plans issued after the federal approval
of rates, including an economic analysis of the impact of the
approved rates on the Medicaid health plans.
Sec. 1775. If the state's application for a waiver to
implement managed care for dual Medicare/Medicaid eligibles is
approved by the federal government, the department shall provide
quarterly reports to the senate and house appropriations
subcommittees on community health and the senate and house fiscal
agencies on progress in implementing the waiver.
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. 1850. The department may allow Medicaid health plans to
assist with the redetermination process through outreach activities
to ensure continuation of Medicaid eligibility and enrollment in
managed care. This may include mailings, telephone contact, or
face-to-face contact with beneficiaries enrolled in the individual
Medicaid health plan. Health plans may offer assistance in
completing paperwork for beneficiaries enrolled in their plan.
Sec. 1858. 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. 1861. (1) The department shall conduct a review of the
efficiency and effectiveness of the current nonemergency
transportation system funded in part 1. For nonemergency
transportation services provided outside the current broker
coverage, the review is contingent on available detailed travel
data including methods of travel, number of people served, travel
distances, number of trips, and costs of trips. The department
shall report the results of the review required under this
subsection to the house and senate appropriations subcommittees on
community health and the house and senate fiscal agencies no later
than September 30 of the current fiscal year.
(2) The department shall create a pilot nonemergency
transportation system in at least 2 counties with priority given to
Berrien and Muskegon counties to provide nonemergency
transportation services encouraging use of nonprofit entities. The
transportation providers selected by the department are responsible
for ensuring that federal and state safety and training standards
are met.
Sec. 1862. From the funds appropriated in part 1, the
department shall continue the rate increase for Medicaid
obstetrical services at not less than what was in effect on October
1, 2012.
Sec. 1865. Upon federal approval of the department's proposal
for integrated care for individuals who are dual Medicare/Medicaid
eligibles, the department shall provide the senate and house
appropriations subcommittees on community health and the senate and
house fiscal agencies its plan and organizational chart for
administering and providing oversight of this proposal. The plan
shall include information on how the department intends to organize
staff in an integrated manner to ensure that key components of the
proposal are implemented effectively.
Sec. 1866. (1) From the funds appropriated in part 1 for
hospital services and therapy, $12,277,900.00 in state restricted
hospital quality assurance assessment program 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
5.0% 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. 1873. The department shall report on the findings of the
workgroup established to discuss new ways to distribute hospital
funding through the Michigan access to care initiative, the
hospital rate adjustor payments, and the quality assurance
assessment program. The department shall report to the senate and
house subcommittees on community health on the findings of the
workgroup by April 1 of the current fiscal year.
Sec. 1874. The department may explore ways to work with
private providers to develop fraud management solutions to reduce
fraud, waste, and abuse in this state's Medicaid program.
Sec. 1878. In any project negotiated with the federal
government for integrated health care of individuals dually
enrolled in Medicaid and Medicare, the department shall seek to
assure the existence of an ombudsman program that is not associated
with any project service manager or provider. For activities to be
undertaken by the ombudsman program, the department shall include,
but is not limited to, assisting beneficiaries with navigating
complaint and dispute resolution mechanisms, identifying problems
in the project's complaint and dispute resolution mechanisms, and
reporting to the executive and legislative branches on any such
problems and potential solutions for them.
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. 1883. For the purposes of more effectively managing
inpatient care for Medicaid health plans and Medicaid fee-for-
service, the department shall consider developing an appropriate
policy and rate for observation stays.
Sec. 1886. The department shall work in conjunction with the
workgroup established by the department of human services to
determine how the state can maximize Medicaid claims 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
findings of the workgroup.
ONE-TIME BASIS ONLY APPROPRIATIONS
Sec. 1902. From the funds appropriated in part 1 for
university autism programs, the department shall make the following
allocations:
(a) $500,000.00 to the Eastern Michigan University autism
center.
(b) $500,000.00 to the Western Michigan University autism
center of excellence.
(c) $500,000.00 to Michigan State University.
Sec. 1903. (1) Funds appropriated in part 1, section 121, one-
time basis only appropriations, for hospital services and therapy –
graduate medical education shall only be expended if both of the
following conditions are met:
(a) A distribution formula is developed by the Michigan health
and hospital association and the Michigan association of medical
education, in coordination with the department, for all graduate
medical education funds appropriated in section 119, medical
services, for implementation in fiscal year 2015-2016.
(b) The formula is presented to the director by February 1,
2015, and the director approves the distribution formula.
(2) Until such time that the director approves the
distribution formula under subsection (1)(b), graduate medical
education funds appropriated in section 119, medical services,
shall be disbursed according to the formula in place in fiscal year
2013-2014.
(3) It is the intent of the legislature that the formula
agreed to by the director be implemented for fiscal year 2015-2016.
PART 2A
PROVISIONS CONCERNING ANTICIPATED APPROPRIATIONS
FOR FISCAL YEAR 2015-2016
GENERAL SECTIONS
Sec. 2001. It is the intent of the legislature to provide
appropriations for the fiscal year ending on September 30, 2016 for
the line items listed in part 1. The fiscal year 2015-2016
appropriations are anticipated to be the same as those for fiscal
year 2014-2015, 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 2015 consensus revenue estimating
conference.
ARTICLE V
DEPARTMENT OF CORRECTIONS
PART 1
LINE-ITEM APPROPRIATIONS
Sec. 101. There is appropriated for the department of
corrections for the fiscal year ending September 30, 2015, 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....... 14,179.3
GROSS APPROPRIATION.................................... $ 2,034,921,700
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 225,000
ADJUSTED GROSS APPROPRIATION........................... $ 2,034,696,700
Federal revenues:
Total federal revenues................................. 5,081,000
Special revenue funds:
Total local revenues................................... 8,547,700
Total private revenues................................. 0
Total other state restricted revenues.................. 45,869,600
State general fund/general purpose..................... $ 1,975,198,400
Sec. 102. EXECUTIVE
Full-time equated unclassified positions......... 16.0
Full-time equated classified positions........... 13.0
Unclassified positions--16.0 FTE positions............. $ 1,724,200
Executive direction--13.0 FTE positions................ 3,115,900
GROSS APPROPRIATION.................................... $ 4,840,100
Appropriated from:
State general fund/general purpose..................... $ 4,840,100
Sec. 103. PRISONER RE-ENTRY AND COMMUNITY SUPPORT
Prisoner re-entry local service providers.............. $ 13,708,600
Prisoner re-entry MDOC programs........................ 11,124,000
Prisoner re-entry federal grants....................... 250,000
Prisoner re-entry legal services....................... 449,000
Jail mental health transition pilot program............ 1,000,000
Public safety initiative............................... 4,500,000
GROSS APPROPRIATION.................................... $ 31,031,600
Appropriated from:
Federal revenues:
DOJ, prisoner reintegration............................ 250,000
State general fund/general purpose..................... $ 30,781,600
Sec. 104. BUDGET AND OPERATIONS ADMINISTRATION
Full-time equated classified positions.......... 173.0
Budget and operations administration--173.0 FTE
positions............................................ $ 22,193,400
New custody staff training............................. 9,075,800
Compensatory buyout and union leave bank............... 100
Worker's compensation.................................. 18,000,000
Rent................................................... 2,317,800
Equipment and special maintenance...................... 7,359,600
Administrative hearings officers....................... 3,339,700
Judicial data warehouse user fees...................... 50,000
Sheriffs' coordinating and training office............. 100,000
Prosecutorial and detainer expenses.................... 4,701,000
County jail reimbursement program...................... 14,847,100
GROSS APPROPRIATION.................................... $ 81,984,500
Appropriated from:
Special revenue funds:
Jail reimbursement program fund........................ 5,900,000
Special equipment fund................................. 5,800,000
Local corrections officer training fund................ 100,000
Correctional industries revolving fund................. 602,600
State general fund/general purpose..................... $ 69,581,900
Sec. 105. FIELD OPERATIONS ADMINISTRATION
Full-time equated classified positions........ 1,954.3
Field operations--1,821.9 FTE positions................ $ 200,682,300
Parole board operations--41.0 FTE positions............ 4,829,700
Parole/probation services.............................. 940,000
Community re-entry centers--12.4 FTE positions......... 8,152,800
Electronic monitoring center--56.0 FTE positions....... 13,365,400
Community corrections administration--6.0 FTE
positions............................................ 763,300
Substance abuse testing and treatment services--17.0
FTE positions........................................ 21,794,200
Residential services................................... 15,475,500
Community corrections comprehensive plans and services. 12,158,000
Felony drunk driver jail reduction and community
treatment program.................................... 1,440,100
GROSS APPROPRIATION.................................... $ 279,601,300
Appropriated from:
Federal revenues:
DOJ, office of justice programs, RSAT.................. 185,400
Special revenue funds:
Local - community tether program reimbursement......... 201,300
Re-entry center offender reimbursements................ 23,900
Parole and probation oversight fees.................... 4,341,500
Parole and probation oversight fees set-aside.......... 1,361,300
Tether program participant contributions............... 2,432,100
State general fund/general purpose..................... $ 271,055,800
Sec. 106. CORRECTIONAL FACILITIES ADMINISTRATION
Full-time equated classified positions.......... 781.4
Correctional facilities administration--61.0 FTE
positions............................................ $ 11,739,800
Prison food service.................................... 52,558,900
Transportation--210.0 FTE positions.................... 25,673,500
Central records--53.0 FTE positions.................... 5,607,500
Inmate legal services.................................. 790,900
Loans to parolees...................................... 20,000
Housing inmates in federal institutions................ 611,000
Prison store operations--63.0 FTE positions............ 5,657,600
Prison industries operations--123.0 FTE positions...... 12,297,400
Federal school lunch program........................... 812,800
Leased beds and alternatives to leased beds............ 1,250,000
Public works programs.................................. 1,000,000
Cost-effective housing initiative...................... 100
Inmate housing fund.................................... 100
Education program--271.4 FTE positions................. 35,305,900
GROSS APPROPRIATION.................................... $ 153,325,500
Appropriated from:
Interdepartmental grant revenues:
IDG-MDHS, Maxey/Woodland Center food service........... 225,000
Federal revenues:
DAG-FNS, national school lunch......................... 812,800
DED-OESE, title 1...................................... 404,900
DED-OVAE, adult education.............................. 354,300
DED-OSERS.............................................. 115,500
DED, vocational education equipment.................... 152,600
DED, youthful offender/Specter grant................... 202,400
DOJ-BOP, federal prisoner reimbursement................ 411,000
DOJ, prison rape elimination act grant................. 660,400
SSA-SSI, incentive payment............................. 268,400
Special revenue funds:
Correctional industries revolving fund................. 12,297,400
Public works user fees................................. 1,000,000
Resident stores........................................ 5,657,600
State general fund/general purpose..................... $ 130,763,200
Sec. 107. HEALTH CARE
Full-time equated classified positions........ 1,468.9
Health care administration--22.0 FTE positions......... $ 3,650,700
Prisoner health care services.......................... 75,180,400
Vaccination program.................................... 691,200
Interdepartmental grant to human services, eligibility
specialists.......................................... 100,000
Mental health services and support--363.0 FTE
positions............................................ 58,785,200
Clinical complexes--1,077.9 FTE positions.............. 144,315,800
Healthy Michigan plan administration--6.0 FTE
positions............................................ 1,079,700
GROSS APPROPRIATION.................................... $ 283,803,000
Appropriated from:
Federal revenues:
Federal revenues and reimbursements.................... 248,800
Special revenue funds:
Prisoner health care copayments........................ 253,200
State general fund/general purpose..................... $ 283,301,000
Sec. 108. CORRECTIONAL FACILITIES
Average population............................. 44,997
Full-time equated classified positions........ 9,788.7
Alger correctional facility - Munising--261.2 FTE
positions............................................ $ 31,534,700
Average population................................ 889
Baraga correctional facility - Baraga--295.8 FTE
positions............................................ 34,936,800
Average population................................ 884
Bellamy Creek correctional facility - Ionia--390.2 FTE
positions............................................ 44,229,700
Average population.............................. 1,850
Earnest C. Brooks correctional facility - Muskegon--
444.7 FTE positions.................................. 50,909,500
Average population.............................. 2,512
Carson City correctional facility - Carson City--424.4
FTE positions........................................ 47,780,500
Average population.............................. 2,440
Central Michigan correctional facility - St. Louis--
391.6 FTE positions.................................. 46,188,900
Average population.............................. 2,554
Chippewa correctional facility - Kincheloe--435.1 FTE
positions............................................ 49,076,400
Average population.............................. 2,282
Cooper street correctional facility - Jackson--260.1
FTE positions........................................ 29,056,200
Average population.............................. 1,799
G. Robert Cotton correctional facility - Jackson--
392.9 FTE positions.................................. 43,831,500
Average population.............................. 1,841
Detroit detention center--63.1 FTE positions........... 8,346,400
Detroit re-entry center--216.2 FTE positions........... 26,149,300
Average population.............................. 1,044
Charles E. Egeler correctional facility - Jackson--
372.7 FTE positions.................................. 45,101,900
Average population.............................. 1,376
Richard A. Handlon correctional facility - Ionia--
246.4 FTE positions.................................. 28,868,700
Average population.............................. 1,373
Gus Harrison correctional facility - Adrian--444.1 FTE
positions............................................ 49,846,500
Average population.............................. 2,342
Ionia correctional facility - Ionia--287.8 FTE
positions............................................ 33,687,000
Average population................................ 654
Kinross correctional facility - Kincheloe--323.8 FTE
positions............................................ 37,781,900
Average population.............................. 1,799
Lakeland correctional facility - Coldwater--275.2 FTE
positions............................................ 32,721,200
Average population.............................. 1,336
Macomb correctional facility - New Haven--297.0 FTE
positions............................................ 34,500,300
Average population.............................. 1,376
Marquette branch prison - Marquette--321.7 FTE
positions............................................ 39,692,600
Average population.............................. 1,201
Michigan reformatory - Ionia--310.7 FTE positions...... 34,800,400
Average population.............................. 1,338
Muskegon correctional facility - Muskegon--202.5 FTE
positions............................................ 23,557,800
Average population.............................. 1,338
Newberry correctional facility - Newberry--201.1 FTE
positions............................................ 23,958,900
Average population................................ 978
Oaks correctional facility - Eastlake--291.4 FTE
positions............................................ 34,297,200
Average population.............................. 1,156
Ojibway correctional facility - Marenisco--202.1 FTE
positions............................................ 22,871,900
Average population.............................. 1,090
Parnall correctional facility - Jackson--259.5 FTE
positions............................................ 29,421,900
Average population.............................. 1,678
Pugsley correctional facility - Kingsley--210.9 FTE
positions............................................ 24,539,700
Average population.............................. 1,342
Saginaw correctional facility - Freeland--275.9 FTE
positions............................................ 32,623,300
Average population.............................. 1,480
Special alternative incarceration program (Camp
Cassidy Lake)--119.0 FTE positions................... 14,593,700
Average population................................ 400
St. Louis correctional facility - St. Louis--310.9 FTE
positions............................................ 36,662,700
Average population.............................. 1,226
Thumb correctional facility - Lapeer--284.4 FTE
positions............................................ 33,215,400
Average population.............................. 1,219
Womens Huron Valley correctional complex - Ypsilanti--
502.9 FTE positions.................................. 59,686,800
Average population.............................. 1,872
Woodland correctional facility - Whitmore Lake--285.4
FTE positions........................................ 33,110,200
Average population................................ 328
Northern region administration and support--47.0 FTE
positions............................................ 4,359,300
Southern region administration and support--141.0 FTE
positions............................................ 17,768,200
Ionia and Jackson area utilities....................... 8,579,600
GROSS APPROPRIATION.................................... $ 1,148,287,000
Appropriated from:
Federal revenues:
DOJ, state criminal alien assistance program........... 1,014,500
Special revenue funds:
Local revenues......................................... 8,346,400
State restricted revenues and reimbursements........... 100,000
State general fund/general purpose..................... $ 1,138,826,100
Sec. 109. INFORMATION TECHNOLOGY
Information technology services and projects........... $ 24,562,800
GROSS APPROPRIATION.................................... $ 24,562,800
Appropriated from:
Special revenue funds:
State general fund/general purpose..................... $ 24,562,800
Sec. 110. CAPITAL OUTLAY
Capital outlay - security improvements................. $ 6,000,000
GROSS APPROPRIATION.................................... $ 6,000,000
Appropriated from:
Special revenue funds:
Special equipment fund................................. 6,000,000
State general fund/general purpose..................... $ 0
Sec. 111. ONE-TIME APPROPRIATIONS
Education program - one-time enhancement costs......... $ 1,045,300
Field operations - one-time mobilization costs......... 440,600
Neal, et al. settlement agreement...................... 25,000,000
GROSS APPROPRIATION.................................... $ 26,485,900
Appropriated from:
State general fund/general purpose..................... $ 26,485,900
Sec. 112. BUDGETARY SAVINGS
Transfer of mentally or physically disabled prisoners.. $ (5,000,000)
GROSS APPROPRIATION.................................... $ (5,000,000)
Appropriated from:
State general fund/general purpose..................... $ (5,000,000)
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
FOR FISCAL YEAR 2014-2015
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 2014-2015 is $2,021,068,000.00 and
state spending from state resources to be paid to local units of
government for fiscal year 2014-2015 is $111,714,000.00. 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...................................... $ 60,543,300
Community corrections comprehensive plans
and services......................................... 12,158,000
County jail reimbursement program...................... 14,847,100
Community re-entry centers............................. 1,500,000
Residential services................................... 15,475,500
Felony drunk driver jail reduction and
community treatment program.......................... 1,440,100
Leased beds and alternatives to leased beds............ 1,250,000
Public safety initiative............................... 4,500,000
TOTAL.................................................. $ 111,714,000
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) "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 2014-2015:
(i) Northern and southern region correctional facilities.
(ii) Northern and southern region administration and support.
(iii) Northern and southern region clinical complexes.
(iv) Prisoner health care services.
(v) Health care administration.
(vi) Vaccination program.
(vii) Prison food service and federal school lunch program.
(viii) Transportation.
(ix) Inmate legal services.
(x) Correctional facilities administration.
(xi) Central records.
(xii) DOJ psychiatric plan.
(xiii) Worker's compensation.
(xiv) New custody staff training.
(xv) Prison store operations.
(xvi) Education services and federal education grants.
(xvii) 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) "GPS" means global positioning system.
(r) "HIV" means human immunodeficiency virus.
(s) "IDG" means interdepartmental grant.
(t) "IDT" means intradepartmental transfer.
(u) "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.
(v) "MDCH" means the Michigan department of community health.
(w) "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.
(x) "MDSP" means the Michigan department of state police.
(y) "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.
(z) "OCC" means the office of community corrections.
(aa) "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.
(bb) "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.
(cc) "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.
(dd) "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.
(ee) "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.
(ff) "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.
(gg) "RSAT" means residential substance abuse treatment.
(hh) "Serious emotional disturbance" means that term as
defined in section 100d(2) of the mental health code, 1974 PA 328,
MCL 330.1100d.
(ii) "Serious mental illness" means that term as defined in
section 100d(3) of the mental health code, 1974 PA 328, MCL
330.1100d.
(jj) "SSA" means the United States social security
administration.
(kk) "SSA-SSI" means SSA supplemental security income.
Sec. 206. The department shall not take disciplinary action
against an employee for communicating with a member of the
legislature or his or her staff.
Sec. 207. State employees shall be given the opportunity to
competitively bid on services that are or were provided by state
employees. If the contract is awarded to any state employee, he or
she ceases being an employee of the state.
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. The revenues and
fees collected are appropriated for all expenses associated with
these services and activities.
Sec. 212. On a quarterly basis, the department shall report on
the number of full-time equated positions in pay status by civil
service classification to the senate and house appropriations
subcommittees on corrections, the legislative corrections
ombudsman, and the senate and house fiscal agencies. This report
shall include a detailed accounting of the long-term vacancies that
exist within each department. As used in this subsection, "long-
term vacancy" means any full-time equated position that has not
been filled at any time during the past 24 calendar months.
Sec. 214. The department shall receive and retain copies of
all reports funded from appropriations in part 1. Federal and state
guidelines for short-term and long-term retention of records shall
be followed. The department may electronically retain copies of
reports unless otherwise required by federal and state guidelines.
Sec. 216. The department shall prepare a report on out-of-
state travel expenses not later than January 1 of each year. The
travel report shall be a listing of all travel by classified and
unclassified employees outside this state in the immediately
preceding fiscal year that was funded in whole or in part with
funds appropriated in the department's budget. The report shall be
submitted to the house and senate standing committees on
appropriations, the legislative corrections ombudsman, 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. (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 special equipment costs, be the same as fee schedules for
calls placed from outside of correctional facilities.
(2) Revenues appropriated and collected for special equipment
funds shall be considered state restricted revenue. Of this
revenue, $2,000,000.00 shall be used for programming that is a
condition of parole, such as violence prevention programming,
sexual offender programming, and thinking for a change, with
particular emphasis on individuals who are past their earliest
release dates. Any remaining balance shall be used for special
equipment and security projects. Unexpended funds remaining at the
close of the fiscal year shall not lapse to the general fund but
shall be carried forward and be available for appropriation in
subsequent fiscal years.
(3) The department shall submit a report to the house and
senate appropriations subcommittees on corrections, the house and
senate fiscal agencies, the legislative corrections ombudsman, and
the state budget director by February 1 outlining revenues and
expenditures from special equipment funds. The report shall include
all of the following:
(a) A list of all individual projects and purchases financed
with special equipment funds in the immediately preceding fiscal
year, the amounts expended on each project or purchase, and the
name of each vendor the products or services were purchased from.
(b) A list of planned projects and purchases to be financed
with special equipment funds during the current fiscal year, the
amounts to be expended on each project or purchase, and the name of
each vendor for which the products or services were purchased.
(c) A review of projects and purchases planned for future
fiscal years from special equipment funds.
Sec. 220. Not later than November 30, the state budget office
shall prepare and transmit a report that provides for estimates of
the total general fund/general purpose appropriation lapses at the
close of the fiscal year. This report shall summarize the projected
year-end general fund/general purpose appropriation lapses by major
departmental program or program areas. The report shall be
transmitted to the chairpersons of the senate and house of
representatives standing committees on appropriations and the
senate and house fiscal agencies.
Sec. 221. The department shall cooperate with the department
of technology, management, and budget to maintain a searchable
website accessible by the public at no cost that includes, but is
not limited to, all of the following for the department:
(a) Fiscal year-to-date expenditures by category.
(b) Fiscal year-to-date expenditures by appropriation unit.
(c) Fiscal year-to-date payments to a selected vendor,
including the vendor name, payment date, payment amount, and
payment description.
(d) The number of active department employees by job
classification.
(e) Job specifications and wage rates.
Sec. 223. (1) In addition to the funds appropriated in part 1,
there is appropriated an amount not to exceed $10,000,000.00 for
federal contingency funds. These funds are not available for
expenditure until they have been transferred to another line item
in part 1 under section 393(2) of the management and budget act,
1984 PA 431, MCL 18.1393.
(2) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $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, 2014 and September 30, 2015.
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. 238. The department shall make additional efforts to
sell, rent, or otherwise repurpose closed correctional facilities.
Sec. 239. The department shall establish and maintain a
management-to-staff ratio of not more than 1 supervisor for each 7
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, 2015 are $351,595,400.00. From this amount, total department
appropriations for pension-related legacy costs are estimated at
$196,513,200.00. Total department appropriations for retiree health
House Bill No. 5313 (H-1) as amended May 6, 2014
care legacy costs are estimated at $155,082,200.00.
[Sec. 247. (1) For each new program or program increase for which funds are appropriated in part 1, the department shall report the following to the house and senate appropriations committees, the house and senate fiscal agencies, the legislative corrections ombudsman, and the state budget director:
(a) By November 1, 2014, a list of specific benchmarks intended to measure the performance or return on taxpayer investment of the program and its associated expenditures.
(b) By March 1, 2015, an update on the progress of the program and the status of expenditures for the program as measured by those benchmarks.
(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 spending increase on existing programs initiated by the executive branch or the legislature shall include, as part of the original proposal or budget request, a specific 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.
Sec. 304. The director of the department shall maintain a
staff savings initiative program to invite employees to submit
suggestions for saving costs for the department.
Sec. 305. 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 the number of prisoners
who committed suicide during the previous calendar year. To the
extent permitted by law, the report shall include all of the
following information:
(a) The prisoner's age, offense, sentence, and admission date.
(b) Each prisoner's facility and unit.
(c) A description of the circumstances of the suicide.
(d) The date of the suicide.
(e) Whether the suicide occurred in a housing unit, a
segregation unit, a mental health unit, or elsewhere on the grounds
of the facility.
(f) Whether the prisoner had been denied parole and the date
of any denial.
(g) Details on the department's responses to each suicide,
including immediate on-site responses and subsequent internal
investigations.
(h) A description of any monitoring and psychiatric
interventions that had been undertaken prior to the prisoner's
suicide, including any changes in placement or mental health care.
(i) Whether the prisoner had previously attempted suicide.
PRISONER RE-ENTRY 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. (1) It is the intent of the legislature that the
funds appropriated in part 1 for prisoner re-entry programs be
expended for the purpose of reducing victimization by reducing
repeat offending through the following prisoner re-entry
programming:
(a) The provision of employment or employment services and job
training.
(b) The provision of housing assistance.
(c) Referral to mental health services.
(d) Referral to substance abuse services.
(e) Referral to public health services.
(f) Referral to education.
(g) Referral to any other services necessary for successful
reintegration.
(2) By March 1, the department shall provide a report on
prisoner re-entry 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. (1) In expending residential substance abuse
treatment services funds appropriated in part 1, the department
shall ensure to the maximum extent possible that residential
substance abuse treatment services are available statewide.
(2) 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 the allocation, distribution, and
expenditure of all funds appropriated by the substance abuse
testing and treatment line item during fiscal year 2013-2014 and
projected for fiscal year 2014-2015. The report shall include, but
not be limited to, an explanation of an anticipated year-end
balance, the number of participants in substance abuse programs,
and the number of offenders on waiting lists for residential
substance abuse programs. Information required under this
subsection shall, where possible, be separated by MDOC
administrative region and by offender type, including, but not
limited to, a distinction between prisoners, parolees, and
probationers.
(3) 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 as
those terms are defined in section 203.
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 starting with
calendar year 2010, 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, as that term is defined in
section 203.
(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. 413. (1) The department shall identify and coordinate
information regarding the availability of and the demand for
community corrections programs, jail-based community corrections
programs, jail-based probation violation sanctions, and all state-
required jail data.
(2) The department is responsible for the collection,
analysis, and reporting of all state-required jail data.
(3) As a prerequisite to participation in the programs and
services offered through the department, counties shall provide
necessary jail data to the department.
Sec. 414. (1) The department shall administer a county jail
reimbursement program from the funds appropriated in part 1 for the
purpose of reimbursing counties for housing in jails certain felons
who otherwise would have been sentenced to prison.
(2) The county jail reimbursement program shall reimburse
counties for convicted felons in the custody of the sheriff if the
conviction was for a crime committed on or after January 1, 1999
and 1 of the following applies:
(a) The felon's sentencing guidelines recommended range upper
limit is more than 18 months, the felon's sentencing guidelines
recommended range lower limit is 12 months or less, the felon's
prior record variable score is 35 or more points, and the felon's
sentence is not for commission of a crime in crime class G or crime
class H or a nonperson crime in crime class F under chapter XVII of
the code of criminal procedure, 1927 PA 175, MCL 777.1 to 777.69.
(b) The felon's minimum sentencing guidelines range minimum is
more than 12 months under the sentencing guidelines described in
subdivision (a).
(c) The felon was sentenced to jail for a felony committed
while he or she was on parole and under the jurisdiction of the
parole board and for which the sentencing guidelines recommended
range for the minimum sentence has an upper limit of more than 18
months.
(3) State reimbursement under this subsection shall be $60.00
per diem per diverted offender for offenders with a presumptive
prison guideline score, $50.00 per diem per diverted offender for
offenders with a straddle cell guideline for a group 1 crime, and
$35.00 per diem per diverted offender for offenders with a straddle
cell guideline for a group 2 crime. Reimbursements shall be paid
for sentences up to a 1-year total.
(4) As used in this subsection:
(a) "Group 1 crime" means a crime in 1 or more of the
following offense categories: arson, assault, assaultive other,
burglary, criminal sexual conduct, homicide or resulting in death,
other sex offenses, robbery, and weapon possession as determined by
the department of corrections based on specific crimes for which
counties received reimbursement under the county jail reimbursement
program in fiscal year 2007 and fiscal year 2008, and listed in the
county jail reimbursement program document titled "FY 2007 and FY
2008 Group One Crimes Reimbursed", dated March 31, 2009.
(b) "Group 2 crime" means a crime that is not a group 1 crime,
including larceny, fraud, forgery, embezzlement, motor vehicle,
malicious destruction of property, controlled substance offense,
felony drunk driving, and other nonassaultive offenses.
(c) "In the custody of the sheriff" means that the convicted
felon has been sentenced to the county jail and is either housed in
the county jail or has been released from jail and is being
monitored through the use of the sheriff's electronic monitoring
system.
(5) County jail reimbursement program expenditures shall not
exceed the amount appropriated in part 1 for the county jail
reimbursement program. Payments to counties under the county jail
reimbursement program shall be made in the order in which properly
documented requests for reimbursements are received. A request
shall be considered to be properly documented if it meets MDOC
requirements for documentation. By October 15, the department shall
distribute the documentation requirements to all counties.
Sec. 416. Allowable uses of the felony drunk driver jail
reduction and community treatment program 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, parolee, and probationer populations by facility, and
prison capacities.
(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) Parole board activity, including the numbers and
percentages of parole grants and parole denials.
(f) 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.
(g) Prison intake and returns, including probation violators,
new court commitments, violators with new sentences, escaper new
sentences, total prison intake, returns from court with additional
sentences, community placement returns, technical parole violator
returns, and total returns to prison and camp.
Sec. 420. By March 1, the department shall report to the
senate and house appropriations subcommittees on corrections, the
senate and house judiciary committees, the legislative corrections
ombudsman, the senate and house fiscal agencies, and the state
budget director on performance data and efforts to improve
efficiencies relative to departmental staffing, health care
services, food service, prisoner transportation, mental health care
services, and pharmaceutical costs.
Sec. 421. From the funds appropriated in part 1 for jail
mental health transition pilot program, $1,000,000.00 is intended
to address the recommendations of the mental health diversion
council.
Sec. 431. Upon offender request, the department shall ensure
that prior to release from prison, each offender has possession of
a set of clothing that would be appropriate and suitable for
wearing to an interview for employment.
Sec. 434. The department shall explore opportunities to
collaborate with Michigan colleges and universities on establishing
programs that will employ parolees in agricultural settings.
Sec. 435. (1) From the funds appropriated in part 1 for
prisoner re-entry legal services, the department shall contract
with the legal aid of western Michigan office in Kent County and
the legal aid and defender office in Oakland County to establish 2
pilot projects. The purpose of the pilot projects is to provide
House Bill No. 5313 (H-1) as amended May 6, 2014
outreach, education, and legal representation to former offenders
in areas such as employment, housing, income stability, and child
custody and other domestic matters.
[(2) The legal aid and defender office in Oakland County shall provide prisoner re-entry legal services to former offenders in Wayne County.
(3)] The department, in collaboration with legal aid of western
Michigan and the legal aid and defender office, shall submit a
report by April 1 that documents the number of new cases accepted,
the types of cases, and case outcomes for completed work. The
report shall be submitted to the senate and house appropriations
subcommittees on corrections, the senate and house fiscal agencies,
the legislative corrections ombudsman, and the state budget
director.
[(4)] 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.
[Sec. 436. (1) The department shall establish a workgroup with representatives from the Genesee County sheriff’s office, the city of Flint police department, and other relevant governmental agencies in Genesee County to develop and implement a long-term strategic plan to ease the county jail backlog and to gradually reduce the need for department intervention.
(2) The department shall report to the senate and house appropriations subcommittees on corrections, the senate and house fiscal agencies, and the state budget director by September 30, strategic recommendations that result from the work of the workgroup.]
BUDGET AND OPERATIONS ADMINISTRATION
Sec. 501. From the funds appropriated in part 1 for
prosecutorial and detainer expenses, the department shall reimburse
counties for housing and custody of parole violators and offenders
being returned by the department from community placement who are
available for return to institutional status and for prisoners who
volunteer for placement in a county jail.
Sec. 502. Funds included in part 1 for the sheriffs'
coordinating and training office are appropriated for and may be
expended to defray costs of continuing education, certification,
recertification, decertification, and training of local corrections
officers, the personnel and administrative costs of the sheriffs'
coordinating and training office, the local corrections officers
advisory board, and the sheriffs' coordinating and training council
under the local corrections officers training act, 2003 PA 125, MCL
791.531 to 791.546.
Sec. 505. The department shall provide for the training of all
custody staff in effective and safe ways of handling prisoners with
mental illness and referring prisoners to mental health treatment
programs. Mental health awareness training shall be incorporated
into the training of new custody staff.
Sec. 506. It is the intent of the legislature that the
department work cooperatively and share curriculum and outcome
goals with community colleges and colleges that are interested in
offering new employee training academies. The department shall
assist community colleges and colleges in gaining approval of the
corrections officer's training council, as required under 2012 PA
526. When possible, the community colleges and colleges the
department works with shall be geographically dispersed across the
state and whenever possible should be near department of
corrections facilities.
Sec. 507. The department, in collaboration with the department
of community heath, 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. By October 1, the department shall
provide the state budget office and the senate and house fiscal
agencies with the relevant accounting structure and associated
business objects script and report that group's administrative
costs.
FIELD OPERATIONS ADMINISTRATION
Sec. 601. (1) From the funds appropriated in part 1, the
department shall conduct a statewide caseload audit of field
agents. The audit shall address public protection issues and assess
the ability of the field agents to complete their professional
duties. The complete audit shall be submitted to the senate and
house appropriations subcommittees on corrections, the legislative
corrections ombudsman, the senate and house fiscal agencies, and
the state budget office by March 1.
(2) It is the intent of the legislature that the department
maintain a number of field agents sufficient to meet supervision
and workload standards.
Sec. 603. (1) All prisoners, probationers, and parolees
involved with the electronic tether 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 community
tether program reimbursement for the electronic tether 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 community tether program to be
administered by the department. The community tether program is
intended to provide sentencing judges and county sheriffs in
coordination with local community corrections advisory boards
access to the state's electronic tether program to reduce prison
admissions and improve local jail utilization. The department shall
determine the appropriate distribution of the tether 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 tether equipment, replacement
parts, administrative oversight of the equipment's operation,
notification of violators, and periodic reports regarding county
program participants. Counties are responsible for tether 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 tether charges outstanding over 60 days
shall be considered in violation of the community tether program
agreement and lose access to the program.
Sec. 608. 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 the use of electronic
monitoring. At a minimum, the report shall include all of the
following:
(a) Details on the failure rate of parolees for whom GPS
tether is utilized, including the number and rate of parolee
technical violations, including specifying failures due to
committing a new crime that is uncharged but leads to parole
termination, and the number and rate of parolee violators with new
sentences.
(b) Information on the factors considered in determining
whether an offender is placed on active GPS tether, passive GPS
tether, radio frequency tether, or some combination of these or
other types of electronic monitoring.
(c) Monthly data on the number of offenders on active GPS
tether, passive GPS tether, radio frequency tether, and any other
type of tether.
Sec. 611. The department shall prepare by March 1 individual
reports for the community re-entry program, the electronic tether
program, and the special alternative to incarceration program. The
reports shall be submitted to the house and senate appropriations
subcommittees on corrections, the legislative corrections
ombudsman, the house and senate 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
re-entry program participants shall be categorized by reason for
placement. For technical rule violators, the report shall sort
offenders by length of time since release from prison, by the most
recent violation, and by the number of violations occurring since
release from prison.
(b) Monthly participant unsuccessful terminations, including
cause.
(c) Number of successful terminations.
(d) End month population by facility/program.
(e) Average length of placement.
(f) Return to prison statistics.
(g) Description of each program location or locations,
capacity, and staffing.
(h) Sentencing guideline scores and actual sentence statistics
for participants, if applicable.
(i) Comparison with prior year statistics.
(j) Analysis of the impact on prison admissions and jail
utilization and the cost effectiveness of the program.
Sec. 612. (1) The department shall review and revise as
necessary policy proposals that provide alternatives to prison for
offenders being sentenced to prison as a result of technical
probation violations and technical parole violations. To the extent
the department has insufficient policies or resources to affect the
continued increase in prison commitments among these offender
populations, the department shall explore other policy options to
allow for program alternatives, including department or OCC-funded
programs, local level programs, and programs available through
private agencies that may be used as prison alternatives for these
offenders.
(2) To the extent policies or programs described in subsection
(1) are used, developed, or contracted for, the department may
request that funds appropriated in part 1 be transferred under
section 393(2) of the management and budget act, 1984 PA 431, MCL
18.1393, for their operation.
(3) The department shall continue to utilize parole violator
processing guidelines that require parole agents to utilize all
available appropriate community-based, nonincarcerative postrelease
sanctions and services when appropriate. The department shall
periodically evaluate those guidelines for modification, in
response to emerging information from the demonstration projects
for substance abuse treatment provided under this part and
applicable provisions of prior budget acts for the department.
(4) The department shall provide annual 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 the number of all
parolees returned to prison and probationers sentenced to prison
for either a technical violation or new sentence during the
preceding calendar quarter. The reports shall include the following
information each for probationers, parolees after their first
parole, and 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 re-entry
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. After the parole board has reviewed the cases of all
inmates sentenced to imprisonment for life with the possibility of
parole who have good institutional records, the parole board shall
calculate each inmate's parole guidelines score. The parole board
shall provide the legislature with the specific reason or reasons
why any individual inmate who scores "high probability of release"
is not being paroled. The parole board shall submit a report
containing a list of these reasons for each inmate to the house and
senate appropriations subcommittees on corrections, the house and
senate 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 all of
the following:
(a) 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.
(b) Regular updates on progress on requests for proposals and
requests for information pertaining to prisoner health care and
mental health care, until the applicable contract is approved.
Sec. 804. (1) 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, and emergency room visits in the
previous quarter and since October 1, 2009, by facility.
(2) 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 prisoners receiving off-site inpatient
medical care that would have received care in a state correctional
facility if beds were available. The report shall include the
number of prisoners receiving off-site inpatient medical care and
average length of stay in an off-site facility during the period
they would have received care in a state correctional facility if
beds were available, by month and correctional facilities
administration region.
Sec. 806. From the funds appropriated in part 1, the
department shall require a hepatitis C antibody test and an HIV
test for each prisoner prior to release to the community by parole
or discharge on the maximum sentence. The requirement for a pre-
release test does not apply if the prisoner has previously tested
positive. The department shall require an HIV test and a hepatitis
C risk factor screening for each prisoner at the health screening
at admissions. If hepatitis C risk factors are identified, the
department shall offer the prisoner a hepatitis C antibody test. An
explanation of results of the tests shall be provided
confidentially to the prisoner, and if appropriate based on the
test results, the prisoner shall also be provided a recommendation
to seek follow-up medical attention.
Sec. 807. The department shall ensure that all medications for
a prisoner be transported with that prisoner when the prisoner is
transferred from 1 correctional facility to another. Prisoners
being released shall have access to at least a 30-day supply of
medication and a prescription for refills to allow for continuity
of care in the community.
Sec. 809. The department, in conjunction with efforts to
implement prisoner re-entry, shall cooperate with the MDCH to share
data and information as they relate to prisoners being released who
are HIV positive or positive for the hepatitis C antibody. By March
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 all of the
following:
(a) Programs and the location of programs implemented as a
result of the work under this section.
(b) The number of prisoners released to the community by
parole, discharge on the maximum sentence, or transfer to community
residential placement who are HIV positive, positive for the
hepatitis C antibody, or both.
(c) The number of parolees and offenders discharged on the
maximum sentence who are HIV or hepatitis C positive by paroling
office as reported to the state department of community health for
referral to the local public health department.
Sec. 812. (1) The department shall provide the department of
human services with a monthly list of prisoners newly committed to
the department of corrections. The department and the department of
human services shall enter into an interagency agreement under
which the department of human services provides the department of
corrections with monthly lists of newly committed prisoners who are
eligible for Medicaid benefits in order to maintain the process by
which Medicaid benefits are suspended rather than terminated. The
department shall assist prisoners who may be eligible for Medicaid
benefits after release from prison with the Medicaid enrollment
process prior to release from prison.
(2) The department shall provide the senate and house
appropriations subcommittees on corrections, the legislative
corrections ombudsman, the senate and house fiscal agencies, and
the state budget director with quarterly updates on the utilization
of Medicaid benefits for prisoners.
Sec. 814. The department shall assure that psychotropic
medications are available, when deemed medically necessary by a
licensed medical service provider, to prisoners who have mental
illness diagnoses but are not enrolled in corrections mental health
services.
CORRECTIONAL FACILITIES ADMINISTRATION
Sec. 904. The department shall calculate the per prisoner/per
day cost for each prisoner security custody level. This calculation
shall include all actual direct and indirect costs for the previous
fiscal year, including, but not limited to, the value of services
provided to the department by other state agencies and the
allocation of statewide legacy costs. To calculate the per
prisoner/per day costs, the department shall divide these direct
and indirect costs by the average daily population for each custody
level. For multilevel facilities, the indirect costs that cannot be
accurately allocated to each custody level can be included in the
calculation on a per-prisoner basis for each facility. A report
summarizing these calculations and the direct and indirect costs
included in them shall be submitted to the senate and house
appropriations subcommittees on corrections, the legislative
corrections ombudsman, the senate and house fiscal agencies, and
the state budget director not later than December 15.
Sec. 906. Any local unit of government or private nonprofit
organization that contracts with the department for public works
services shall be responsible for financing the entire cost of that
agreement.
Sec. 907. The department shall report by March 1 to the senate
and house appropriations subcommittees on corrections, the
legislative corrections ombudsman, the senate and house fiscal
agencies, and the state budget director on academic and vocational
programs. The report shall provide information relevant to an
assessment of the department's academic and vocational programs,
including, but not limited to, all of the following:
(a) The number of instructors and the number of instructor
vacancies, by program and facility.
(b) The number of prisoners enrolled in each program, the
number of prisoners completing each program, the number of
prisoners who fail each program, the number of prisoners who do not
complete each program and the reason for not completing the
program, the number of prisoners transferred to another facility
while enrolled in a program and the reason for transfer, the number
of prisoners enrolled who are repeating the program by reason, and
the number of prisoners on waiting lists for each program, all
itemized by facility.
(c) The steps the department has undertaken to improve
programs, track records, accommodate transfers and prisoners with
health care needs, and reduce waiting lists.
(d) The number of prisoners paroled without a high school
diploma and the number of prisoners paroled without a 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. (1) By March 1, the department shall report to the
senate and house appropriations subcommittees on corrections, the
senate and house fiscal agencies, the legislative corrections
ombudsman, and the state budget director the number of critical
incidents occurring each month by type and the number and severity
of assaults occurring each month at each facility during the
immediately preceding calendar year. Critical incidents include
attempted escapes and successful escapes by prisoners.
(2) The report shall include all of the following information
relative to escapes and attempted escapes:
(a) The specific circumstances and factual details, including,
but not limited to, the security measures that were in place and
operating that were relevant to the escape or attempted escape.
(b) The result, including, but not limited to, the
effectiveness of the security measures that were in place and
operating at the time.
(c) Any corrective measures taken by the department in
response, including, but not limited to, disciplinary measures,
changes in official procedures, or procuring or replacing
equipment.
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. 914. From the funds appropriated in part 1 for the
education program, $1,000,000.00 shall be used for programming that
is a condition of parole, such as violence prevention programming,
sexual offender programming, and thinking for a change, with
particular emphasis on individuals who are past their earliest
release dates.
Sec. 915. The department shall explore opportunities to
collaborate with Michigan universities on establishing programs
that will allow graduate students to work in correctional
facilities to teach programming that is a condition of parole. The
intent of the legislature is that graduate students teaching in
correctional facilities will result in a cost savings for the
department and will reduce the number of individuals who are past
their earliest release dates due to the inability to obtain
programming.
Sec. 924. The department shall evaluate all prisoners at
intake for substance abuse disorders, developmental disorders,
serious mental illness, and other mental health disorders.
Prisoners with serious mental illness shall not be confined in
administrative segregation. Under the supervision of a mental
health professional, a prisoner with serious mental illness may be
secluded in a therapeutic environment for the safety of the
prisoner or others. A prisoner in therapeutic seclusion shall be
evaluated by a mental health professional at a frequency set forth
in the mental health code, 1974 PA 258, MCL 330.1001 to 330.2106,
or at least every 12 hours, whichever would require more frequent
evaluations, in order to remain in therapeutic seclusion.
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, 2003 and
September 30, 2014, and the annual number of prisoners in
administrative segregation between October 1, 2003 and September
30, 2014 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 19 years of age are adequately trained
with regard to the developmental and mental health needs of
prisoners less than 19 years of age. By April 1, the department
shall report to the senate and house appropriations subcommittees
on corrections, the senate and house fiscal agencies, the
legislative corrections ombudsman, and the state budget director on
the training curriculum used and the number and types of staff
receiving training under that curriculum since October 2009.
(b) Provide appropriate placement for prisoners less than 19
years of age who have serious mental illness, serious emotional
disturbance, or a developmental disorder and need to be housed
separately from the general population. Prisoners less than 19
years of age who have serious mental illness, serious emotional
disturbance, or a developmental disorder shall not be placed in
administrative segregation. Under the supervision of a mental
health professional, a prisoner less than 19 years of age with
serious mental illness or serious emotional disturbance may be
secluded in a therapeutic environment for the safety of the
prisoner or others. A prisoner in therapeutic seclusion shall be
evaluated every 12 hours by a mental health professional in order
to remain in therapeutic seclusion.
(c) Implement a specialized re-entry program that recognizes
the needs of prisoners less than 19 years old for supervised re-
entry.
Sec. 937. The department shall not issue a request for
proposal (RFP) for a contract in excess of $1,000,000.00, unless
the department has first considered issuing a request for
information (RFI) or a request for qualification (RFQ) relative to
that contract to better enable the department to learn more about
the market for the products or services that are the subject of the
future RFP. The department shall notify the department of
technology, management, and budget of the evaluation process used
to determine if an RFI or RFQ was not necessary prior to issuing
the RFP.
Sec. 938. (1) By November 1, the department shall release a
request for proposal for competitive bids for a non-state-run,
nonsecure, nursing home facility to house mentally or physically
disabled prisoners.
(2) The negative appropriation in part 1 will be achieved by
transferring mentally or physically disabled prisoners to a non-
state-run, nonsecure, nursing home facility.
Sec. 942. The department shall ensure that any contract with a
public or private party to operate a facility to house state
prisoners includes a provision to allow access by both the office
of the legislative auditor general and the office of the
legislative corrections ombudsman to the facility and to
appropriate records and documents related to the operation of the
facility. These access rights for both offices shall be the same
for the contracted facility as for a general state-operated
correctional facility.
Sec. 943. (1) The department shall provide the legislative
corrections ombudsman direct access to all information, records,
and documents in the possession of the department that the
legislative corrections ombudsman considers necessary to conduct an
investigation under section 5 of 1975 PA 46, MCL 4.355.
(2) The department shall provide the legislative corrections
ombudsman entry to inspect at any time the premises or any part of
the premises under the control of the department without notice
under 1975 PA 46, MCL 4.355.
(3) The department shall provide the legislative corrections
ombudsman direct access to employees of the department and to
employees who are under contract with the department.
(4) The department shall not implement any formal or informal
policy that would delay or otherwise affect the ability of the
legislative corrections ombudsman to conduct investigations, access
records, facilities, or employees, or otherwise carry out the
responsibilities of the legislative corrections ombudsman office
under section 5 of 1975 PA 46, MCL 4.355.
Sec. 944. By March 1, 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 on the department's
security classification and prisoner placement processes. The
report shall evaluate and summarize all of the following:
(a) The initial security classification process used to
determine a prisoner's appropriate custody level and placement upon
initial intake to the department, including, but not limited to,
all factors considered in making the initial placement
determination. The report shall evaluate the effectiveness of these
factors in predicting prisoner behavior and escape risk upon
initial confinement in the corrections system.
(b) The number of prisoners initially classified during the
preceding fiscal year, the number of prisoners classified and
placed in the true security level indicated on the evaluation
instrument compared to the number of prisoners both departed and
waived to security levels other than the prisoner's true security
level, along with a specific explanation of the most common reasons
for such variances.
(c) The security classification review process used to
determine a prisoner's appropriate custody level and placement
while confined within a correctional facility, including, but not
limited to, all factors considered in making prisoner placement
decisions. The report shall evaluate the effectiveness of these
factors in predicting prisoner behavior and escape risk while
housed in correctional facilities.
(d) The number of prisoner classifications reviewed during the
preceding fiscal year, the number of prisoners classified and
placed in the true security level indicated on the evaluation
instrument compared to the number of prisoners both departed and
waived to security levels other than the prisoner's true security
level, along with a specific explanation of the most common reasons
for such variances.
(e) The effectiveness of the security classification process,
as indicated through statistical analysis of each category, in
predicting and addressing prisoner escapes or attempts to escape
from correctional facilities, prisoner misconduct within
correctional facilities, and prisoner violence within correctional
facilities.
MISCELLANEOUS
Sec. 1009. The department shall make an information packet for
the families of incoming prisoners available on the department's
website. The information packet shall be updated by February 1 of
each year thereafter. The packet shall provide information on
topics including, but not limited to: how to put money into
prisoner accounts, how to make phone calls or create Jpay email
accounts, how to visit in person, proper procedures for filing
complaints or grievances, the rights of prisoners to physical and
mental health care, how to utilize the offender tracking
information system (OTIS), truth-in-sentencing and how it applies
to minimum sentences, the parole process, and guidance on the
importance of the role of families in the reentry process. The
department is encouraged to partner with external advocacy groups
and actual families of prisoners in the packet-writing process to
ensure that the information is useful and complete.
Sec. 1011. The department shall accept in-kind services and
equipment donations to facilitate the addition of a cable network
that provides programming that will address the religious needs of
incarcerated individuals. This network shall be a cable television
network that presently reaches the majority of households in the
United States. A bilingual channel affiliated with this network may
also be added to department programming to assist the religious
needs of Spanish-speaking inmates. The addition of these channels
shall be of no additional cost to this state.
CAPITAL OUTLAY
Sec. 1051. 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 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, 2015, from the
following funds:
DEPARTMENT OF EDUCATION
APPROPRIATION SUMMARY
Full-time equated unclassified positions.......... 6.0
Full-time equated classified positions.......... 592.5
GROSS APPROPRIATION.................................... $ 321,484,300
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 0
ADJUSTED GROSS APPROPRIATION........................... $ 321,484,300
Federal revenues:
Total federal revenues................................. 224,097,500
Special revenue funds:
Total local revenues................................... 5,633,700
Total private revenues................................. 1,933,300
Total other state restricted revenues.................. 7,972,600
State general fund/general purpose..................... $ 81,847,200
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.............. 795,100
State board/superintendent operations--11.0 FTE
positions............................................ 2,110,000
GROSS APPROPRIATION.................................... $ 2,929,500
Appropriated from:
Federal revenues:
Federal revenues....................................... 222,400
Special revenue funds:
Private foundations.................................... 28,100
Certification fees..................................... 861,100
State general fund/general purpose..................... $ 1,817,900
Sec. 103. CENTRAL SUPPORT
Full-time equated classified positions........... 23.6
Central support operations--23.6 FTE positions......... $ 3,623,400
Worker's compensation.................................. 30,800
Building occupancy charges - property management
services............................................. 3,053,700
Training and orientation workshops..................... 150,000
Terminal leave payments................................ 554,700
GROSS APPROPRIATION.................................... $ 7,412,600
Appropriated from:
Federal revenues:
Federal revenues....................................... 1,641,400
Federal indirect funds................................. 2,550,400
Special revenue funds:
Certification fees..................................... 403,200
Teacher testing fees................................... 3,800
Training and orientation workshop fees................. 150,000
State general fund/general purpose..................... $ 2,663,800
Sec. 104. INFORMATION TECHNOLOGY SERVICES
Information technology operations...................... $ 4,192,200
GROSS APPROPRIATION.................................... $ 4,192,200
Appropriated from:
Federal revenues:
Federal revenues....................................... 605,800
Federal indirect funds................................. 1,789,800
Special revenue funds:
Local cost sharing (schools for deaf/blind)............ 76,500
Certification fees..................................... 390,400
State general fund/general purpose..................... $ 1,329,700
Sec. 105. SPECIAL EDUCATION SERVICES
Full-time equated classified positions........... 47.0
Special education operations--47.0 FTE positions....... $ 8,937,300
GROSS APPROPRIATION.................................... $ 8,937,300
Appropriated from:
Federal revenues:
Federal revenues....................................... 8,457,300
Special revenue funds:
Private foundations.................................... 110,100
Certification fees..................................... 44,100
State general fund/general purpose..................... $ 325,800
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................................... $ 12,664,500
Camp Tuhsmeheta--1.0 FTE position...................... 295,100
Private gifts - blind.................................. 200,000
Private gifts - deaf................................... 50,000
GROSS APPROPRIATION.................................... $ 13,209,600
Appropriated from:
Federal revenues:
Federal revenues....................................... 6,900,400
Special revenue funds:
Local cost sharing (schools for deaf/blind)............ 5,233,000
Local school district service fees..................... 312,500
Gifts, bequests, and donations......................... 545,100
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............................................ $ 5,896,800
Teacher certification tests............................ 3,600,000
Department of attorney general......................... 66,000
GROSS APPROPRIATION.................................... $ 9,562,800
Appropriated from:
Federal revenues:
Federal revenues....................................... 1,444,800
Special revenue funds:
Certification fees..................................... 3,882,700
Teacher college review fees............................ 55,300
Teacher testing fees................................... 359,300
State general fund/general purpose..................... $ 3,820,700
Sec. 108. MICHIGAN OFFICE OF GREAT START
Full-time equated classified positions........... 65.0
Office of great start operations--64.0 FTE positions... $ 22,830,300
Child development and care external support............ 17,766,500
Head start collaboration office--1.0 FTE position...... 307,700
Child development care public assistance............... 146,916,000
GROSS APPROPRIATION.................................... $ 187,820,500
Appropriated from:
Federal revenues:
Federal revenues....................................... 146,888,600
Special revenue funds:
Private foundations.................................... 250,000
Certification fees..................................... 64,200
State general fund/general purpose..................... $ 40,617,700
Sec. 109. STATE AID AND SCHOOL FINANCE SERVICES
Full-time equated classified positions............ 9.5
State aid and school finance operations--9.5 FTE
positions............................................ $ 1,361,600
GROSS APPROPRIATION.................................... $ 1,361,600
Appropriated from:
State general fund/general purpose..................... $ 1,361,600
Sec. 110. AUDIT SERVICES
Full-time equated classified positions............ 4.5
Audit operations--4.5 FTE positions.................... $ 602,200
GROSS APPROPRIATION.................................... $ 602,200
Appropriated from:
Federal revenues:
Federal indirect funds................................. 478,700
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....... $ 1,310,700
GROSS APPROPRIATION.................................... $ 1,310,700
Appropriated from:
Federal revenues:
Federal revenues....................................... 551,600
Special revenue funds:
Certification fees..................................... 686,000
State general fund/general purpose..................... $ 73,100
Sec. 112. BUREAU OF ASSESSMENT AND ACCOUNTABILITY
Full-time equated classified positions........... 65.6
Accountability services operations--65.6 FTE positions. $ 12,637,700
Educator evaluations................................... 100
GROSS APPROPRIATION.................................... $ 12,637,800
Appropriated from:
Federal revenues:
Federal revenues....................................... 11,460,700
State general fund/general purpose..................... $ 1,177,100
Sec. 113. SCHOOL SUPPORT SERVICES
Full-time equated classified positions........... 82.6
School support services operations--82.6 FTE positions. $ 15,111,700
Federal and private grants............................. 3,000,000
GROSS APPROPRIATION.................................... $ 18,111,700
Appropriated from:
Federal revenues:
Federal revenues....................................... 16,263,600
Special revenue funds:
Local school district service fees..................... 11,700
Private foundations.................................... 1,000,000
Certification fees..................................... 85,700
Commodity distribution fees............................ 71,700
State general fund/general purpose..................... $ 679,000
Sec. 114. FIELD SERVICES
Full-time equated classified positions........... 45.0
Field services operations--45.0 FTE positions.......... $ 9,194,500
GROSS APPROPRIATION.................................... $ 9,194,500
Appropriated from:
Federal revenues:
Federal revenues....................................... 8,894,300
Special revenue funds:
Certification fees..................................... 77,200
State general fund/general purpose..................... $ 223,000
Sec. 115. EDUCATIONAL IMPROVEMENT AND INNOVATION
SERVICES
Full-time equated classified positions........... 57.7
Educational improvement and innovation operations--
57.7 FTE positions................................... $ 8,492,100
GROSS APPROPRIATION.................................... $ 8,492,100
Appropriated from:
Federal revenues:
Federal revenues....................................... 6,514,500
Special revenue funds:
Certification fees..................................... 558,100
State general fund/general purpose..................... $ 1,419,500
Sec. 116. CAREER AND TECHNICAL EDUCATION
Full-time equated classified positions........... 27.0
Career and technical education operations--27.0 FTE
positions............................................ $ 4,758,300
GROSS APPROPRIATION.................................... $ 4,758,300
Appropriated from:
Federal revenues:
Federal revenues....................................... 3,826,200
State general fund/general purpose..................... $ 932,100
Sec. 117. LIBRARY OF MICHIGAN
Full-time equated classified positions........... 33.0
Library of Michigan operations--32.0 FTE positions..... $ 4,419,700
Library services and technology program--1.0 FTE
position............................................. 5,607,000
State aid to libraries................................. 9,488,400
Michigan eLibrary...................................... 1,750,000
Renaissance zone reimbursements........................ 4,700,000
MPSERS payments to libraries........................... 2,556,000
GROSS APPROPRIATION.................................... $ 28,521,100
Appropriated from:
Federal revenues:
IMLS, library services and technology act.............. 5,607,000
State general fund/general purpose..................... $ 22,914,100
Sec. 118. SCHOOL REFORM OFFICE
Full-time equated classified positions............ 8.0
School reform office operations--8.0 FTE positions..... $ 2,429,800
GROSS APPROPRIATION.................................... $ 2,429,800
State general fund/general purpose..................... $ 2,429,800
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
FOR FISCAL YEAR 2014-2015
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, 2015 is
$89,819,800.00 and state spending from state resources to be paid
to local units of government for the fiscal year ending September
30, 2015 is $16,744,400.00. The itemized statement below identifies
appropriations from which spending to local units of government
will occur:
DEPARTMENT OF EDUCATION
State aid to libraries................................. $ 9,488,400
Renaissance zone reimbursements........................ 1,500,000
MPSERS payments to libraries........................... 2,556,000
Total department of education.......................... $ 16,744,400
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) "Department" means the Michigan department of education.
(b) "District" means a local school district as defined in
section 6 of the revised school code, 1976 PA 451, MCL 380.6, or a
public school academy as defined in section 5 of the revised school
code, 1976 PA 451, MCL 380.5.
(c) "FTE" means full-time equated.
(d) "IMLS" means institute of museum and library services.
(e) "Participating entity" means a district library that is a
reporting unit of the Michigan public school employees' retirement
system under the public school employees retirement act of 1979,
1980 PA 300, MCL 38.1301 to 38.1437, and that reports employees to
the Michigan public school employees' retirement system for the
applicable fiscal year.
(f) "Retirement board" means the board that administers the
retirement system under the public school employees retirement act
of 1979, 1980 PA 300, MCL 38.1301 to 38.1437.
(g) As used in this part and part 1, "retirement system" and
"MPSERS" mean the Michigan public school employees' retirement
system under the public school employees retirement act of 1979,
1980 PA 300, MCL 38.1301 to 38.1437.
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 public school
districts to maintain complete records within the personnel file of
a teacher or school employee of any disciplinary actions taken by
the local school 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 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, 2014 and September 30, 2015.
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, 2015 is $15,637,500.00. From this amount, total agency
appropriations for pension-related legacy costs are estimated at
$8,739,900.00. Total agency appropriations for retiree health care
legacy costs are estimated at $6,897,600.00.
Sec. 233. No state department or agency shall issue a request
for proposal (RFP) for a contract in excess of $5,000,000.00,
House Bill No. 5313 (H-1) as amended May 6, 2014
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 increase for which funds are appropriated in part 1, the department shall report the following to the house and senate appropriations committees, the house and senate fiscal agencies, and the state budget director:
(a) By November 1, 2014, a list of specific benchmarks intended to measure the performance or return on taxpayer investment of the program and its associated expenditures.
(b) By March 1, 2015, an update on the progress of the program and the status of expenditures for the program as measured by those benchmarks.
(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 spending increase on existing programs initiated by the executive branch or the legislature shall include, as part of the original proposal or budget request, a specific 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 no child left behind or an amendment to a federal waiver, until after notification of the content to both the house and senate appropriations committees.]
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, 2015 shall be expended for in-state travel and
out-of-state travel directly related to the duties of the state
board of education. The amount under this section shall be adjusted
by an amount equal to the growth in the United States consumer
price index in the immediately preceding fiscal year.
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 shall be 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.
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.
Sec. 507. From the funds appropriated in part 1 for teacher
certification tests, the department shall update the full set of
teacher certification tests, including content-specific and
subject-relevant tests, to reflect current education standards no
later than September 30, 2015.
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 2014. The allocations shall be
made not later than 60 days after the department of treasury
certifies to the department and to the state budget director that
the department of treasury has received all necessary information
to properly determine the amounts due to each eligible recipient.
(2) If the amount appropriated under this section is not
sufficient to fully pay obligations under this section, payments
shall be prorated on an equal basis among all eligible public
libraries.
Sec. 805. (1) The funds appropriated in part 1 for Michigan
public school employees retirement system reform costs shall be
used for payments to district libraries that are participating
entities of the Michigan public school employees' retirement
system.
(2) Payments made under this section shall be equal to the
difference between the unfunded actuarial accrued liability
contribution rate as calculated pursuant to section 41 of the
public school employees retirement act of 1979, 1980 PA 300, MCL
38.1341, as calculated without taking into account the maximum
employer rate of 19.76% included in section 41 of the public school
employees retirement act of 1979, 1980 PA 300, MCL 38.1341, and the
maximum employer rate of 19.76% included in section 41 of the
public school employees retirement act of 1979, 1980 PA 300, MCL
38.1341.
(3) The amount allocated to each district library under this
section shall be based on each district library's proportion of the
total covered payroll for the immediately preceding fiscal year for
all district libraries that are participating entities. District
libraries that receive funds under this section shall use the funds
solely for the purpose of retirement contributions as specified in
subsection (4).
(4) Each participating entity receiving funds under this
section shall forward an amount equal to the amount allocated under
subsection (3) to the retirement system in a form, manner, and time
frame determined by the retirement system.
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, 2014, 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, 2014.
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 2013-
2014. 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 2013-2014.
(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.
PART 2A
PROVISIONS CONCERNING ANTICIPATED APPROPRIATIONS
FOR FISCAL YEAR 2015-2016
GENERAL SECTIONS
Sec. 1201. It is the intent of the legislature to provide
appropriations for the fiscal year ending on September 30, 2016 for
the line items listed in part 1. The fiscal year 2015-2016
appropriations are anticipated to be the same as those for fiscal
year 2014-2015, 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 2015 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,
2015, from the following funds:
DEPARTMENT OF ENVIRONMENTAL QUALITY
APPROPRIATION SUMMARY
Full-time equated unclassified positions.......... 6.0
Full-time equated classified positions........ 1,284.5
GROSS APPROPRIATION.................................... $ 500,591,800
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 9,530,500
ADJUSTED GROSS APPROPRIATION........................... $ 491,061,300
Federal revenues:
Total federal revenues................................. 150,367,600
Special revenue funds:
Total local revenues................................... 0
Total private revenues................................. 546,900
Total other state restricted revenues.................. 301,270,900
State general fund/general purpose..................... $ 38,875,900
FUND SOURCE SUMMARY
Full-time equated unclassified positions.......... 6.0
Full-time equated classified positions........ 1,284.5
GROSS APPROPRIATION.................................... $ 500,591,800
Interdepartmental grant revenues:
IDG, MDSP.............................................. 1,562,900
IDG, MDOT - Michigan transportation fund............... 1,312,800
IDT, interdivisional charges........................... 2,053,400
IDT, laboratory services............................... 4,601,400
Total interdepartmental grants and intradepartmental
transfers............................................ 9,530,500
ADJUSTED GROSS APPROPRIATION........................... $ 491,061,300
Federal revenues:
Federal funds.......................................... 150,367,600
Total federal revenues................................. 150,367,600
Special revenue funds:
Private funds.......................................... 546,900
Total private revenues................................. 546,900
Air emissions fees..................................... 10,670,000
Campground fund........................................ 334,300
Clean Michigan initiative - clean water fund........... 2,617,100
Clean Michigan initiative - contaminated sediment...... 665,000
Clean Michigan initiative - nonpoint source............ 500,000
Clean Michigan initiative - response activities........ 5,500,000
Cleanup and redevelopment fund......................... 22,620,500
Community pollution prevention fund.................... 250,000
Electronic waste recycling fund........................ 342,400
Environmental education fund........................... 164,300
Environmental perpetual care fund...................... 115,000
Environmental pollution prevention fund................ 8,247,300
Environmental protection fund.......................... 2,165,800
Environmental response fund............................ 5,721,100
Fees and collections................................... 478,100
Financial instruments.................................. 5,000,000
Great Lakes protection fund............................ 295,000
Groundwater discharge permit fees...................... 1,723,200
Infrastructure construction fund....................... 50,000
Land and water permit fees............................. 3,439,000
Landfill maintenance trust fund........................ 30,400
Medical waste emergency response fund.................. 346,100
Metallic mining surveillance fee revenue............... 160,900
Mineral well regulatory fee revenue.................... 233,400
Nonferrous metallic mineral surveillance............... 105,300
NPDES fees............................................. 4,468,900
Oil and gas regulatory fund............................ 11,398,100
Orphan well fund....................................... 2,345,800
Public swimming pool fund.............................. 661,500
Public utility assessments............................. 287,800
Public water supply fees............................... 4,896,700
Refined petroleum fund................................. 53,617,900
Retired engineers technical assistance fund............ 670,400
Revitalization revolving loan fund..................... 101,000
Revolving loan revenue bonds........................... 11,400,000
Sand extraction fee revenue............................ 100,500
Scrap tire regulatory fund............................. 5,128,000
Septage waste contingency fund......................... 18,100
Septage waste program fund............................. 540,700
Settlement funds....................................... 652,100
Sewage sludge land application fee..................... 1,113,500
Small business pollution prevention revolving loan
fund................................................. 163,000
Soil erosion and sedimentation control training fund... 167,500
Solid waste management fund - staff account............ 5,444,600
Stormwater permit fees................................. 3,067,400
Strategic water quality initiatives fund............... 116,176,100
Wastewater operator training fees...................... 593,100
Water analysis fees.................................... 2,260,200
Water pollution control revolving fund................. 3,844,600
Water quality protection fund.......................... 100,000
Water use reporting fees............................... 279,200
Total other state restricted revenues.................. 301,270,900
State general fund/general purpose..................... $ 38,875,900
Sec. 102. EXECUTIVE OPERATIONS
Full-time equated unclassified positions.......... 6.0
Full-time equated classified positions........... 13.0
Unclassified salaries--6.0 FTE positions............... $ 724,700
Executive direction--13.0 FTE positions................ 2,080,900
GROSS APPROPRIATION.................................... $ 2,805,600
Appropriated from:
Federal revenues:
Federal funds.......................................... 39,600
Special revenue funds:
Environmental response fund............................ 217,900
Oil and gas regulatory fund............................ 399,900
Refined petroleum fund................................. 593,100
Settlement funds....................................... 68,800
State general fund/general purpose..................... $ 1,486,300
Sec. 103. OFFICE OF THE GREAT LAKES
Full-time equated classified positions........... 12.0
Office of the Great Lakes--12.0 FTE positions.......... $ 2,894,700
Coastal management grants.............................. 1,750,000
GROSS APPROPRIATION.................................... $ 4,644,700
Appropriated from:
Federal revenues:
Federal funds.......................................... 3,427,600
Special revenue funds:
Great Lakes protection fund............................ 213,900
Settlement funds....................................... 112,100
State general fund/general purpose..................... $ 891,100
Sec. 104. GREAT LAKES RESTORATION INITIATIVE
Full-time equated classified positions............ 6.0
Great Lakes restoration initiative--6.0 FTE positions.. $ 15,052,200
GROSS APPROPRIATION.................................... $ 15,052,200
Appropriated from:
Federal revenues:
Federal funds.......................................... 15,052,200
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........... $ 4,090,800
Accounting service center.............................. 1,365,300
Administrative hearings................................ 373,800
Automated data processing.............................. 2,053,400
Building occupancy charges............................. 4,466,600
Environmental support projects......................... 5,000,000
Rent - privately owned property........................ 2,205,300
GROSS APPROPRIATION.................................... $ 19,555,200
Appropriated from:
Interdepartmental grant revenues:
IDG, MDSP.............................................. 203,700
IDT, interdivisional charges........................... 2,053,400
IDT, laboratory services............................... 519,800
Federal revenues:
Federal funds.......................................... 5,400
Special revenue funds:
Air emissions fees..................................... 1,232,900
Campground fund........................................ 28,000
Cleanup and redevelopment fund......................... 1,704,500
Electronic waste recycling fund........................ 28,700
Environmental perpetual care fund...................... 115,000
Environmental pollution prevention fund................ 994,400
Environmental response fund............................ 272,500
Fees and collections................................... 23,800
Financial instruments.................................. 5,000,000
Great Lakes protection fund............................ 52,800
Groundwater discharge permit fees...................... 179,500
Land and water permit fees............................. 517,600
Medical waste emergency response fund.................. 27,300
Metallic mining surveillance fee revenue............... 11,100
Mineral well regulatory fee revenue.................... 16,700
Nonferrous metallic mineral surveillance............... 1,700
NPDES fees............................................. 219,000
Oil and gas regulatory fund............................ 918,200
Orphan well fund....................................... 29,100
Public swimming pool fund.............................. 36,100
Public utility assessments............................. 38,800
Public water supply fees............................... 184,200
Refined petroleum fund................................. 1,593,500
Sand extraction fee revenue............................ 9,000
Scrap tire regulatory fund............................. 187,900
Septage waste program fund............................. 28,700
Settlement funds....................................... 211,500
Sewage sludge land application fee..................... 114,600
Small business pollution prevention revolving loan
fund................................................. 17,000
Soil erosion and sedimentation control training fund... 16,600
Solid waste management fund - staff account............ 581,600
Stormwater permit fees................................. 111,000
Wastewater operator training fees...................... 37,300
Water analysis fees.................................... 166,100
Water use reporting fees............................... 21,600
State general fund/general purpose..................... $ 2,044,600
Sec. 106. OFFICE OF ENVIRONMENTAL ASSISTANCE
Full-time equated classified positions........... 40.0
Office of environmental assistance--40.0 FTE positions. $ 6,492,800
Pollution prevention local grants...................... 250,000
GROSS APPROPRIATION.................................... $ 6,742,800
Appropriated from:
Federal revenues:
Federal funds.......................................... 780,200
Special revenue funds:
Private funds.......................................... 359,700
Air emissions fees..................................... 134,800
House Bill No. 5313 (H-1) as amended May 6, 2014
Community pollution prevention fund.................... 250,000
Environmental education fund........................... 164,300
Environmental pollution prevention fund................ 1,483,700
Fees and collections................................... 118,700
Retired engineers technical assistance fund............ 670,400
Settlement funds....................................... 259,700
Small business pollution prevention revolving loan
fund................................................. 132,700
State general fund/general purpose..................... $ 2,388,600
Sec. 107. WATER RESOURCES DIVISION
Full-time equated classified positions.......... 331.0
Land and water interface permit programs--83.0 FTE
positions............................................ $ 11,714,600
Program direction and project assistance--30.0 FTE
positions............................................ 3,089,200
Water withdrawal assessment program--4.0 FTE positions. 613,600
Expedited water/wastewater permits--3.0 FTE positions.. 50,000
Fish contaminant monitoring............................ 316,100
NPDES nonstormwater program--89.0 FTE positions........ 12,803,900
Surface water--90.0 FTE positions...................... 15,746,500
Aquatic nuisance control program--5.0 FTE positions.... 700,000
Groundwater discharge--22.0 FTE positions.............. 3,064,100
Federal - Great Lakes remedial action plan grants...... 700,000
Federal - nonpoint source water pollution grants....... 6,500,000
Water quality protection grants........................ 100,000
[Water quality and use initiative/general—-5.0 FTE
positions.......................................... 2,477,200
Real-time beach monitoring program..................... 500,000
Wetlands program....................................... 1,000,000]
Wetland mitigation banking grants and loans............ 3,000,000
Contaminated lake and river sediment cleanup program... 665,000
Nonpoint source pollution prevention and control
project program...................................... 500,000
GROSS APPROPRIATION.................................... $ 63,540,200
Appropriated from:
Interdepartmental grant revenues:
IDG, MDOT - Michigan transportation fund............... 1,227,600
Federal revenues:
Federal funds.......................................... 23,409,700
Special revenue funds:
Clean Michigan initiative fund - clean water fund...... 2,617,100
Clean Michigan initiative fund - contaminated sediment. 665,000
Clean Michigan initiative fund - nonpoint source....... 500,000
Environmental response fund............................ 202,000
Groundwater discharge permit fees...................... 1,449,200
Infrastructure construction fund....................... 50,000
Land and water permit fees............................. 2,581,700
NPDES fees............................................. 4,078,500
Refined petroleum fund................................. 440,700
Sewage sludge land application fee..................... 937,800
Soil erosion and sedimentation control training fund... 137,900
Stormwater permit fees................................. 2,869,900
Strategic water quality initiatives fund............... 3,000,000
Wastewater operator training fees...................... 277,000
Water pollution control revolving fund................. 810,900
Water quality protection fund.......................... 100,000
Water use reporting fees............................... 241,200
State general fund/general purpose..................... $ 17,944,000
Sec. 108. LAW ENFORCEMENT DIVISION
Full-time equated classified positions........... 14.0
Environmental investigations--14.0 FTE positions....... $ 2,810,900
GROSS APPROPRIATION.................................... $ 2,810,900
Appropriated from:
Interdepartmental grant revenues:
IDT, laboratory services............................... 54,300
Federal revenues:
Federal funds.......................................... 824,500
Special revenue funds:
Air emissions fees..................................... 56,000
Campground fund........................................ 4,100
Cleanup and redevelopment fund......................... 223,500
Electronic waste recycling fund........................ 3,000
Environmental pollution prevention fund................ 138,600
Environmental response fund............................ 51,000
Fees and collections................................... 3,700
Great Lakes protection fund............................ 5,600
Groundwater discharge permit fees...................... 18,700
Land and water permit fees............................. 77,000
Medical waste emergency response fund.................. 4,200
Metallic mining surveillance fee revenue............... 1,700
Mineral well regulatory fee revenue.................... 2,600
NPDES fees............................................. 32,000
Oil and gas regulatory fund............................ 154,900
Orphan well fund....................................... 4,500
Public swimming pool fund.............................. 5,600
Public utility assessments............................. 4,100
Public water supply fees............................... 28,400
Refined petroleum fund................................. 363,400
Sand extraction fee revenue............................ 1,400
Scrap tire regulatory fund............................. 36,500
Septage waste program fund............................. 4,400
Sewage sludge land application fee..................... 12,200
Small business pollution prevention revolving loan
fund................................................. 2,600
Soil erosion and sedimentation control training fund... 2,600
Solid waste management fund - staff account............ 78,200
Stormwater permit fees................................. 17,200
Wastewater operator training fees...................... 5,700
Water analysis fees.................................... 22,300
Water use reporting fees............................... 3,100
State general fund/general purpose..................... $ 563,300
Sec. 109. AIR QUALITY DIVISION
Full-time equated classified positions.......... 203.0
Air quality programs--203.0 FTE positions.............. $ 26,093,200
GROSS APPROPRIATION.................................... $ 26,093,200
Appropriated from:
Federal revenues:
Federal funds.......................................... 7,565,300
Special revenue funds:
Air emissions fees..................................... 8,587,400
Environmental pollution prevention fund................ 1,337,000
Fees and collections................................... 282,800
Oil and gas regulatory fund............................ 134,900
Refined petroleum fund................................. 3,596,600
State general fund/general purpose..................... $ 4,589,200
Sec. 110. RESOURCE MANAGEMENT DIVISION
Full-time equated classified positions.......... 319.5
Drinking water and environmental health--106.5 FTE
positions............................................ $ 15,982,300
Hazardous waste management program--51.0 FTE positions. 6,821,200
Low-level radioactive waste authority--2.0 FTE
positions............................................ 228,400
Medical waste program--2.0 FTE positions............... 297,700
Municipal assistance--34.0 FTE positions............... 6,534,700
Radiological protection program--12.0 FTE positions.... 1,693,900
Scrap tire regulatory program--11.0 FTE positions...... 1,323,400
Oil, gas, and mineral services--61.0 FTE positions..... 12,031,900
Recycling initiative--3.0 FTE positions................ 1,000,000
Solid waste management program--37.0 FTE positions..... 4,935,700
Drinking water program grants.......................... 1,330,000
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................................................. 87,943,000
Scrap tire grants...................................... 3,500,000
GROSS APPROPRIATION.................................... $ 242,897,200
Appropriated from:
Interdepartmental grant revenues:
IDG, MDSP.............................................. 1,272,100
Federal revenues:
Federal funds.......................................... 89,533,200
Special revenue funds:
Campground fund........................................ 285,700
Electronic waste recycling fund........................ 298,300
Environmental pollution prevention fund................ 3,700,100
Fees and collections................................... 34,200
Medical waste emergency response fund.................. 297,700
Metallic mining surveillance fee revenue............... 141,200
Mineral well regulatory fee revenue.................... 203,700
Nonferrous metallic mineral surveillance............... 103,000
Oil and gas regulatory fund............................ 9,205,600
Orphan well fund....................................... 2,293,900
Public swimming pool fund.............................. 597,300
Public utility assessments............................. 228,400
Public water supply fees............................... 4,222,200
Refined petroleum fund................................. 671,700
Revolving loan revenue bonds........................... 11,400,000
Sand extraction fee revenue............................ 84,500
Scrap tire regulatory fund............................. 4,823,400
Septage waste contingency fund......................... 18,100
Septage waste program fund............................. 489,500
Solid waste management fund - staff account............ 4,457,500
Strategic water quality initiatives fund............... 98,176,100
Wastewater operator training fees...................... 249,800
Water pollution control revolving fund................. 2,821,300
State general fund/general purpose..................... $ 7,288,700
Sec. 111. REMEDIATION AND REDEVELOPMENT DIVISION
Full-time equated classified positions.......... 312.0
Contaminated site investigations, cleanup and
revitalization--209.0 FTE positions.................. $ 29,385,200
Federal cleanup project management--55.0 FTE positions. 8,931,000
Laboratory services--48.0 FTE positions................ 6,092,000
Brownfield grants...................................... 5,500,000
Emergency cleanup actions.............................. 4,000,000
Environmental cleanup support.......................... 1,840,000
Environmental cleanup and redevelopment program........ 15,000,000
Refined petroleum product cleanup program.............. 32,900,000
Superfund cleanup...................................... 3,000,000
GROSS APPROPRIATION.................................... $ 106,648,200
Appropriated from:
Interdepartmental grant revenues:
IDT, laboratory services............................... 3,807,200
Federal revenues:
Federal funds.......................................... 8,315,000
Special revenue funds:
Private funds.......................................... 187,200
Clean Michigan initiative - response activities........ 5,500,000
Cleanup and redevelopment fund......................... 19,785,700
Environmental protection fund.......................... 2,165,800
Environmental response fund............................ 4,769,400
Landfill maintenance trust fund........................ 30,400
Public water supply fees............................... 303,300
Refined petroleum fund................................. 44,701,700
Revitalization revolving loan fund..................... 101,000
Strategic water quality initiatives fund............... 15,000,000
Water analysis fees.................................... 1,981,500
State general fund/general purpose..................... $ 0
Sec. 112. INFORMATION TECHNOLOGY
Information technology services and projects........... $ 8,551,600
GROSS APPROPRIATION.................................... $ 8,551,600
Appropriated from:
Interdepartmental grant revenues:
IDG, MDSP.............................................. 87,100
IDG, MDOT - Michigan transportation fund............... 85,200
IDT, laboratory services............................... 220,100
Federal revenues:
Federal funds.......................................... 1,414,900
Special revenue funds:
Air emission fees...................................... 658,900
Campground fund........................................ 16,500
Cleanup and redevelopment fund......................... 906,800
Electronic waste recycling fund........................ 12,400
Environmental pollution prevention fund................ 593,500
Environmental response fund............................ 208,300
Fees and collections................................... 14,900
Great Lakes protection fund............................ 22,700
Groundwater discharge permit fees...................... 75,800
Land and water permit fees............................. 262,700
Medical waste emergency response fund.................. 16,900
Metallic mining surveillance fee revenue............... 6,900
Mineral well regulatory fee revenue.................... 10,400
Nonferrous metallic mineral surveillance............... 600
NPDES fees............................................. 139,400
Oil and gas regulatory fund............................ 584,600
Orphan well fund....................................... 18,300
Public swimming pool fund.............................. 22,500
Public utility assessments............................. 16,500
Public water supply fees............................... 158,600
Refined petroleum fund................................. 1,657,200
Sand extraction fee revenue............................ 5,600
Scrap tire regulatory fund............................. 80,200
Septage waste program fund............................. 18,100
Sewage sludge land application fee..................... 48,900
Small business pollution prevention revolving loan
fund................................................. 10,700
Soil erosion and sedimentation control training fund... 10,400
Solid waste management fund - staff account............ 327,300
Stormwater permit fees................................. 69,300
Wastewater operator training fees...................... 23,300
Water analysis fees.................................... 90,300
Water pollution control revolving fund................. 212,400
Water use reporting fees............................... 13,300
State general fund/general purpose..................... $ 430,100
Sec. 113. ONE-TIME BASIS APPROPRIATIONS
Electronic document management......................... $ 1,250,000
GROSS APPROPRIATION.................................... $ 1,250,000
Appropriated from:
State general fund/general purpose..................... $ 1,250,000
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
FOR FISCAL YEAR 2014-2015
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 2014-2015 is $340,146,800.00 and state
spending from state resources to be paid to local units of
government for fiscal year 2014-2015 is $2,775,000.00. The itemized
statement below identifies appropriations from which spending to
local units of government will occur:
GRANTS
Drinking water and environmental health................ $ 2,275,000
Scrap tire regulatory program.......................... 500,000
TOTAL.................................................. $ 2,775,000
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 department of environmental
quality.
(b) "Director" means the director of the department.
House Bill No. 5313 (H-1) as amended May 6, 2014
(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 increase for which funds are appropriated in part 1, the department shall report the following to the house and senate appropriations committees, the house and senate fiscal agencies, and the state budget director:
(a) By November 1, 2014, a list of specific benchmarks intended to measure the performance or return on taxpayer investment of the program and its associated expenditures.
(b) By March 1, 2015, an update on the progress of the program and the status of expenditures for the program as measured by those benchmarks.
(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 spending increase on existing programs initiated by the executive branch or the legislature shall include, as part of the original proposal or budget request, a specific list of benchmarks intended to measure the performance or return on taxpayer investment of the program or spending increase.]
Sec. 205. Unless otherwise specified, 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. 207. 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. 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 1991 PA 160, 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, and 2013 PA 59 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, and 2013 PA 59 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, and 2013 PA 59
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 previous 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, 2014 and September 30, 2015.
Sec. 223. Part 1 provides authorizations to fund classified
positions during the fiscal year ending September 30, 2015. 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 act. 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. 224. On a quarterly basis, the department shall report on
the number of FTEs in pay status by civil service classification to
the senate and house appropriations subcommittees on environmental
quality and the senate and house 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, 2015.
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, 2015. The report shall include a list of
all actions and program changes taken to implement the expedited
permitting program and which programs have implemented the
expedited permitting program.
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. 233. The department shall not issue a request for
proposal (RFP) for a contract in excess of $5,000,000.00, unless
the department has first considered issuing a request for
information (RFI) or a request for qualification (RFQ) relative to
that contract to better enable the department to learn more about
the market for the products or services that are the subject of the
future RFP. The department shall notify the department of
technology, management, and budget of the evaluation process used
to determine if an RFI or RFQ was not necessary prior to issuing
the RFP.
Sec. 234. Total authorized appropriations from all sources
under part 1 for legacy costs for the fiscal year ending September
30, 2015 are $34,046,600.00. From this amount, total agency
appropriations for pension-related legacy costs are estimated at
$19,029,300.00. Total agency appropriations for retiree health care
legacy costs are estimated at $15,017,300.00.
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, 2019.
Sec. 303. Effective October 1, 2014, 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, 2014, surplus funds not to
exceed $1,000,000.00 in the community pollution prevention fund
created in section 3f of 1976 IL 1, MCL 445.573f, are appropriated
to the environmental protection fund created in section 503a of the
natural resources and environmental protection act, 1994 PA 451,
MCL 324.503a.
Sec. 305. It is the intent of the legislature to repay the
refined petroleum fund for the $70,000,000.00 that was transferred
to the environmental protection fund created in section 503a of the
natural resources and environmental protection act, 1994 PA 451,
MCL 324.503a, as part of the resolution for the fiscal year 2006-
2007 budget.
Sec. 306. (1) The funds appropriated in part 1 for the refined
petroleum product cleanup program shall be used to fund cleanup
activities on the following sites:
Site Name County
Laughing Whitefish Trading Post Alger
Geib Oil Company Allegan
Bob-A-Lu Market Alpena
Kihn's Suprette Alpena
Schultz's Market and Gas Alpena
Frankfort Station Benzie
Nyes Shell Service Berrien
Strefling Oil Co. Berrien
Strefling Oil Galien Pro Quick Mart Berrien
Clark #768 (Albion) Calhoun
Pioneer Auto Truck Stops Calhoun
Te-Khi Truck Auto Plaza Inc. Calhoun
J.J.'s General Store Charlevoix
Donald Johnson Cheboygan
Jack's Auto Repair Cheboygan
Rex Oil & Gas Cheboygan
The Depot Clare
Alexander Towing Crawford
Bob's Marathon Eaton
Maeward Inc. (Fabrications Plus, LLC) Eaton
Odyssey House, Flint Genesee
Sunshine Foods #119 Burton Genesee
Taber's Oil Co., Inc. Genesee
Estey Service Station Gladwin
Jim's Automotive Gladwin
Winegar's Trading Post Gladwin
Wilson's Grocery Gratiot
Bilcor Plastics Hillsdale
Engelhardt Petroleum, Inc. Gas Station Huron
Action Auto Inc. Ingham
Action Auto Store #30 Ingham
Clark Station #1995 Ingham
Graham Oil Bulk Plant Iosco
McDonald's Crosstown Service Kalamazoo
Davis Country Corners Kalkaska
1515 Madison Avenue SE Kent
MSI #635 Kent
E.J. Green Lapeer
Fred & Margaret Munger/Sunoco Lapeer
Market 103 Lapeer
Lakeside Resort and Party Store Leelanau
Ralph Herman Farm Leelanau
Teds Standard Service (former) Leelanau
A-1 Auto Parts Lenawee
Blissfield Marathon Lenawee
C & J Service (H. Jerry Powelka) Lenawee
Clayton Corners Lenawee
Darwins Truck & Auto Service Lenawee
The Pit Livingston
Slagg's Auto Service Mackinac
White Star Tavern Manistee
Quick Lube Mason
216 Millbrook, Mecosta Mecosta
Purcell Property Mecosta
Dutch Hutch Missaukee
Alexander's Full Service Newaygo
DOC Optical Oakland
Speed-E-Mart (former) Oakland
Wells Oil, 281 N. Shelby Rd. Oceana
William Crawford Property Oceana
Andy's Standard Osceola
Chuck's Corner Osceola
Hersey Party Store Osceola
West Otsego Lake Grocery Otsego
Onaway Tax Service Presque Isle
Radio Tavern Presque Isle
Vince's Sunoco Presque Isle
Winterhawk General Store Presque Isle
Thomas White Property Roscommon
Chapin General Store Saginaw
Clark #1072 Saginaw
Iva General Store Saginaw
M & K Investment Group LLC Saginaw
State Wide Expanded Triage Statewide
Imlay City Gas & Oil Tuscola
Mr. C's Service Tuscola
Broekhutzen Produce Van Buren
Jimmie's Filling Station Washtenaw
1801 S. Fort Street (Sunoco #0008-6520) Wayne
3901 Mt. Elliot, former service station Wayne
Anmas Inc. Wayne
Cal's Car Care, Incorporated – BTEX Wayne
(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 $5,500,000.00.
(d) The tentative completion date is September 30, 2019.
Sec. 310. (1) Upon approval by the state budget director, the
department may expend from the general fund of the state an amount
to meet the cash-flow requirements of projects funded under any of
the following that are financed from bond proceeds and for which
bonds have been authorized but not yet issued:
(a) Part 52 of the natural resources and environmental
protection act, 1994 PA 451, MCL 324.5201 to 324.5206.
(b) Part 193 of the natural resources and environmental
protection act, 1994 PA 451, MCL 324.19301 to 324.19306.
(c) Part 196 of the natural resources and environmental
protection act, 1994 PA 451, MCL 324.19601 to 324.19616.
(2) Upon the sale of bonds for projects described in
subsection (1), the department shall credit the general fund of the
state an amount equal to that expended from the general fund.
WATER RESOURCES DIVISION
Sec. 401. From the funds appropriated in part 1 for the
aquatic nuisance control program, not less than $700,000.00 and 5.0
FTEs shall be allocated to support the permit review program within
the aquatic nuisance control program. The department shall report
House Bill No. 5313 (H-1) as amended May 6, 2014
to the house and senate appropriations subcommittees on
environmental quality and the house and senate fiscal agencies by
September 30, 2015 on the use of this funding and the number of
permit applications processed by the program in 2015.
Sec. 402. From the funds appropriated in part 1 for the water
[quality and use initiative/general line item, funding shall also be]
allocated to enhance the department's water use assessment tool.
The department shall produce a report detailing a comprehensive
plan for the use of the water quality and use initiative funding
appropriated in part 1 and identifying the amount of expenditures
for specific programs made from the [water quality and use
initiative/general line item, the real-time beach monitoring program line item, and the wetlands program line item]. The report shall be
submitted to the chairpersons of the senate and house of
representatives appropriations subcommittees on environmental
quality and the senate and house fiscal agencies by September 30,
2015.
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.
[AIR QUALITY DIVISION
Sec. 501. (1) Of the funds appropriated in part 1 for the air quality program, $1,000,000.00 shall be used by the department to distribute as grants to businesses in Michigan who have been financially harmed by the application of the United States environment protection agency 1995 temporary policy position commonly known as “once in, always in.” The department shall give preference to businesses located in Oceana County.
(2) Any amount of the grant funding referenced in subsection (1) that is not expended by September 30, 2015, shall lapse to the state general fund/general purpose account.]
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. 601. From the funds appropriated in part 1, the
department shall conduct a study on the establishment of a
statewide septic code.
Sec. 602. (1) The department is encouraged to use available
pollution prevention funds and work with local public health
departments, the department of agriculture and rural development,
and the United States department of agriculture to maintain and
expand programs for the safe disposal of hazardous household
chemicals and prescription drugs.
(2) The department shall report to the house and senate
appropriations subcommittees on environmental quality and the house
and senate fiscal agencies by March 1, 2015 on clean sweep
locations in this state and on factors affecting program success
and expansion including funding requirements.
Sec. 603. From the funds appropriated in part 1, the
department shall compile and make available to the public on a
publicly accessible website by December 31, 2014 a report
containing the asset management plans of the local units of
government for all previously awarded stormwater, asset management,
and wastewater grants. A local unit of government obtaining a
stormwater, asset management, and wastewater grant shall submit to
the department its asset management plan by December 31 of the year
it was completed. As a condition of receiving a stormwater, asset
management, or wastewater grant, a local unit of government must
agree to allow the department to make the plan available to the
public. The department shall make each asset management plan
available to the public on a publicly accessible website.
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, 2015,
appropriations other than the hazardous waste management program
appropriation shall be reduced.
ONE-TIME BASIS APPROPRIATIONS
Sec. 701. It is the intent of the legislature that an
additional $1,250,000.00 funding from the general fund/general
purpose account will be appropriated in part 1 in fiscal year 2015-
2016 for the electronic document management program.
PART 2A
PROVISIONS CONCERNING ANTICIPATED APPROPRIATIONS
FOR FISCAL YEAR 2015-2016
GENERAL SECTIONS
Sec. 1201. It is the intent of the legislature to provide
appropriations for the fiscal year ending on September 30, 2016 for
the line items listed in part 1. The fiscal year 2015-2016
appropriations are anticipated to be the same as those for fiscal
year 2014-2015, 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 2015 consensus revenue estimating
House Bill No. 5313 (H-1) as amended May 6, 2014
conference.
Sec. 1202. It is the intent of the legislature that the
department identify the amounts for normal retirement costs and
legacy retirement costs for the fiscal year ending on September 30,
2016 for the line items listed in part 1.
ARTICLE VIII
GENERAL GOVERNMENT
PART I
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 rights, and certain
state purposes related thereto, for the fiscal year ending
September 30, 2015, from the following funds:
TOTAL GENERAL GOVERNMENT
APPROPRIATION SUMMARY
Full-time equated unclassified positions........... 44.0
Full-time equated classified positions.......... 7,684.2
GROSS APPROPRIATION.................................... $ [4,664,419,800]
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 740,374,200
ADJUSTED GROSS APPROPRIATION........................... $ [3,924,045,600]
Federal revenues:
House Bill No. 5313 (H-1) as amended May 6, 2014
Total federal revenues................................. 689,103,500
Special revenue funds:
Total local revenues................................... 9,969,700
Total private revenues................................. 6,287,200
Total other state restricted revenues.................. [2,071,934,000]
State general fund/general purpose..................... $ [1,146,751,200]
Sec. 102. DEPARTMENT OF ATTORNEY GENERAL
(1) APPROPRIATION SUMMARY
Full-time equated unclassified positions.......... 6.0
Full-time equated classified positions.......... 513.5
GROSS APPROPRIATION.................................... $ 90,822,300
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 27,783,800
ADJUSTED GROSS APPROPRIATION........................... $ 63,038,500
Federal revenues:
Total federal revenues................................. 9,857,200
Special revenue funds:
Total local revenues................................... 0
Total private revenues................................. 0
Total other state restricted revenues.................. 17,914,200
State general fund/general purpose..................... $ 35,267,100
(2) ATTORNEY GENERAL OPERATIONS
Full-time equated unclassified positions.......... 6.0
Full-time equated classified positions.......... 513.5
Attorney general....................................... $ 112,500
Unclassified positions--5.0 FTE positions.............. 724,700
Attorney general operations--475.5 FTE positions....... 82,072,700
Child support enforcement--25.0 FTE positions.......... 3,445,000
Prosecuting attorneys coordinating council--12.0 FTE
positions............................................ 2,106,100
Public safety initiative--1.0 FTE positions............ 904,300
GROSS APPROPRIATION.................................... $ 89,365,300
Appropriated from:
Interdepartmental grant revenues:
IDG from MDCH, health policy........................... 203,300
IDG from MDCH, medical services administration......... 523,000
IDG from MDCH, WIC..................................... 94,800
IDG from department of corrections..................... 649,100
IDG from MDE........................................... 389,700
IDG from MDEQ.......................................... 2,174,000
IDG from MDHS.......................................... 5,829,700
IDG from Michigan state housing development authority.. 664,900
IDG from MDLARA, children's protection registry........ 44,300
IDG from MDLARA, financial and insurance services...... 1,377,000
IDG from MDLARA, fireworks safety fund................. 81,600
IDG from MDLARA, health professions.................... 2,984,600
IDG from MDLARA, licensing and regulation fees......... 243,100
IDG from MDLARA, Michigan occupational safety and
health administration................................ 106,000
IDG from MDLARA, remonumentation fees.................. 104,500
IDG from MDLARA, unlicensed builders................... 181,600
IDG from MDMVA......................................... 161,900
IDG from MDOT, comprehensive transportation fund....... 200,900
IDG from MDOT, state aeronautics fund.................. 174,400
IDG from MDOT, state trunkline fund.................... 2,387,000
IDG from MDSP.......................................... 352,700
IDG from MDSP, Michigan justice training fund.......... 162,900
IDG from MDTMB......................................... 255,800
IDG from MDTMB, civil service commission............... 300,600
IDG from MDTMB, risk management revolving fund......... 1,442,900
IDG from MSF, workforce development agency............. 88,000
IDG from treasury...................................... 6,429,700
IDG from treasury, Michigan strategic fund............. 175,800
Federal revenues:
DAG, state administrative match grant/food stamps...... 434,500
Federal funds.......................................... 3,035,300
HHS, medical assistance, medigrant..................... 678,200
HHS-OS, state Medicaid fraud control units............. 5,590,000
National criminal history improvement program.......... 119,200
Special revenue funds:
Antitrust enforcement collections...................... 749,400
Attorney general's operations fund..................... 1,213,000
Auto repair facilities fees............................ 321,800
Franchise fees......................................... 375,900
Game and fish protection fund.......................... 838,000
Liquor purchase revolving fund......................... 1,434,300
Manufactured housing fees.............................. 246,200
Merit award trust fund................................. 487,300
Michigan employment security act - administrative fund. 2,202,500
Prisoner reimbursement................................. 614,400
Prosecuting attorneys training fees.................... 405,300
Public utility assessments............................. 2,141,300
Real estate enforcement fund........................... 499,000
Reinstatement fees..................................... 215,100
Retirement funds....................................... 1,024,200
Second injury fund..................................... 807,500
Self-insurers security fund............................ 561,400
Silicosis and dust disease fund........................ 221,700
State building authority revenue....................... 118,800
State casino gaming fund............................... 1,829,600
State lottery fund..................................... 339,100
Utility consumers fund................................. 767,600
Waterways fund......................................... 137,600
Worker's compensation administrative revolving fund.... 363,200
State general fund/general purpose..................... $ 33,810,100
(3) INFORMATION TECHNOLOGY
Information technology services and projects........... $ 1,457,000
GROSS APPROPRIATION.................................... $ 1,457,000
Appropriated from:
State general fund/general purpose..................... $ 1,457,000
Sec. 103. DEPARTMENT OF CIVIL RIGHTS
(1) APPROPRIATION SUMMARY
Full-time equated unclassified positions.......... 6.0
Full-time equated classified positions.......... 127.0
GROSS APPROPRIATION.................................... $ 16,181,700
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 288,900
ADJUSTED GROSS APPROPRIATION........................... $ 15,892,800
Federal revenues:
Total federal revenues................................. 2,736,500
Special revenue funds:
Total local revenues................................... 0
Total private revenues................................. 18,700
Total other state restricted revenues.................. 151,900
State general fund/general purpose..................... $ 12,985,700
(2) CIVIL RIGHTS OPERATIONS
Full-time equated unclassified positions.......... 6.0
Full-time equated classified positions.......... 127.0
Unclassified positions--6.0 FTE positions.............. $ 724,700
Civil rights operations--119.0 FTE positions........... 13,629,300
Division on deaf and hard of hearing--6.0 FTE
positions............................................ 785,600
Hispanic/Latino commission of Michigan--1.0 FTE
positions............................................ 255,600
Asian Pacific American affairs commission--1.0 FTE
positions............................................ 110,800
GROSS APPROPRIATION.................................... $ 15,506,000
Appropriated from:
Interdepartmental grant revenues:
IDG from DTMB.......................................... 288,900
Federal revenues:
EEOC, state and local antidiscrimination agency
contracts............................................ 1,199,200
HUD, grant............................................. 1,522,300
Special revenue funds:
Private revenues....................................... 18,700
Division on deafness fund.............................. 93,400
State restricted indirect funds........................ 58,500
State general fund/general purpose..................... $ 12,325,000
(3) INFORMATION TECHNOLOGY
Information technology services and projects........... $ 675,700
GROSS APPROPRIATION.................................... $ 675,700
Appropriated from:
Federal revenues:
EEOC, state and local antidiscrimination agency
contracts............................................ 15,000
State general fund/general purpose..................... $ 660,700
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.................................... $ 153,689,300
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 5,220,700
ADJUSTED GROSS APPROPRIATION........................... $ 148,468,600
Federal revenues:
Total federal revenues................................. 0
Special revenue funds:
House Bill No. 5313 (H-1) as amended May 6, 2014
Total local revenues................................... 0
Total private revenues................................. 400,000
Total other state restricted revenues.................. [3,110,600]
State general fund/general purpose..................... $ [144,958,000]
(2) LEGISLATURE
Senate................................................. $ 32,150,600
Senate automated data processing....................... 2,541,600
Senate fiscal agency................................... 3,580,200
House of representatives............................... 49,446,200
House automated data processing........................ 2,017,800
House fiscal agency.................................... 3,580,200
GROSS APPROPRIATION.................................... $ 93,316,600
Appropriated from:
State general fund/general purpose..................... $ 93,316,600
(3) LEGISLATIVE COUNCIL
Legislative council.................................... $ 10,927,800
Legislative service bureau automated data processing... 1,371,200
Worker's compensation.................................. 145,500
National association dues.............................. 437,100
Legislative corrections ombudsman...................... 700,900
GROSS APPROPRIATION.................................... $ 13,582,500
Appropriated from:
Special revenue funds:
Private - gifts and bequests revenues.................. 400,000
State general fund/general purpose..................... $ 13,182,500
(4) LEGISLATIVE RETIREMENT SYSTEM
General nonretirement expenses......................... $ 4,717,000
House Bill No. 5313 (H-1) as amended May 6, 2014
GROSS APPROPRIATION.................................... $ 4,717,000
Appropriated from:
Special revenue funds:
Court fees............................................. 1,109,800
State general fund/general purpose..................... $ 3,607,200
(5) PROPERTY MANAGEMENT
Cora Anderson building................................. $ 10,667,000
Farnum building and other properties................... 2,662,200
GROSS APPROPRIATION.................................... $ 13,329,200
Appropriated from:
State general fund/general purpose..................... $ 13,329,200
(6) STATE CAPITOL HISTORIC SITE
General operations..................................... $ 3,985,200
Restoration, renewal, and maintenance.................. 3,000,000
GROSS APPROPRIATION.................................... $ 6,985,200
Appropriated from:
Special revenue funds:
[ ............... ]
State general fund/general purpose..................... $ [6,985,200]
(7) OFFICE OF THE AUDITOR GENERAL
Unclassified positions................................. $ 329,400
Field operations....................................... 21,429,400
GROSS APPROPRIATION.................................... $ 21,758,800
Appropriated from:
Interdepartmental grant revenues:
IDG from MDOT, comprehensive transportation fund....... 37,400
IDG from MDOT, Michigan transportation fund............ 303,500
IDG from MDOT, state aeronautics fund.................. 29,100
IDG from MDOT, state trunkline fund.................... 704,900
IDG, single audit act.................................. 2,799,200
IDG, commercial mobile radio system emergency
telephone fund....................................... 35,400
IDG, contract audit administration fees................ 39,800
IDG, deferred compensation funds....................... 52,200
IDG, Michigan finance authority........................ 317,800
IDG, Michigan economic development corporation......... 92,500
IDG, Michigan education trust fund..................... 68,000
IDG, Michigan strategic fund........................... 162,500
IDG, office of retirement services..................... 209,800
IDG, other restricted funding sources.................. 368,600
Special revenue funds:
21st century jobs trust fund........................... 92,500
Brownfield development fund............................ 27,100
Clean Michigan initiative implementation bond fund..... 52,300
Fee adequacy, air quality delegated authority.......... 13,400
Game and fish protection fund.......................... 30,100
Legislative retirement system.......................... 28,000
MDTMB, civil service commission........................ 159,700
MDLARA, liquor purchase revolving fund................. 27,500
Michigan justice training commission fund.............. 39,300
Michigan state housing development authority fees...... 109,100
Michigan veterans' trust fund.......................... 34,100
Motor transport revolving fund......................... 7,200
Office services revolving fund......................... 9,600
State disbursement unit, office of child support....... 55,200
State services fee fund................................ 1,304,800
Waterways fund......................................... 10,900
State general fund/general purpose..................... $ 14,537,300
Sec. 106. DEPARTMENT OF STATE
(1) APPROPRIATION SUMMARY
Full-time equated unclassified positions.......... 6.0
Full-time equated classified positions........ 1,579.0
GROSS APPROPRIATION.................................... $ 223,281,500
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 20,000,000
ADJUSTED GROSS APPROPRIATION........................... $ 203,281,500
Total federal revenues................................. 1,460,000
Special revenue funds:
Total local revenues................................... 0
Total private revenues................................. 100
Total other state restricted revenues.................. 184,713,200
State general fund/general purpose..................... $ 17,108,200
(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.............. 724,700
Operations--30.0 FTE positions......................... 4,306,800
GROSS APPROPRIATION.................................... $ 5,144,000
Appropriated from:
Special revenue funds:
Auto repair facilities fees............................ 69,200
Driver fees............................................ 277,900
Enhanced driver license and enhanced official state
personal identification card fund.................... 212,900
Expedient service fees................................. 66,800
Parking ticket court fines............................. 9,300
Personal identification card fees...................... 32,300
Reinstatement fees - operator licenses................. 250,700
Transportation administration collection fund.......... 2,506,500
Vehicle theft prevention fees.......................... 40,700
State general fund/general purpose..................... $ 1,677,700
(3) DEPARTMENT SERVICES
Full-time equated classified positions.......... 159.0
Operations--159.0 FTE positions........................ $ 30,301,400
GROSS APPROPRIATION.................................... $ 30,301,400
Appropriated from:
Special revenue funds:
Abandoned vehicle fees................................. 481,900
Auto repair facilities fees............................ 1,608,700
Driver fees............................................ 1,578,700
Driver improvement course fees......................... 309,200
Enhanced driver license and enhanced official state
personal identification card fund.................... 546,200
Expedient service fees................................. 274,100
Marine safety fund..................................... 84,300
Personal identification card fees...................... 191,600
Reinstatement fees - operator licenses................. 1,290,000
Scrap tire fund........................................ 77,300
Transportation administration collection fund.......... 22,225,900
Vehicle theft prevention fees.......................... 629,900
State general fund/general purpose..................... $ 1,003,600
(4) LEGAL SERVICES
Full-time equated classified positions........... 33.0
Operations--33.0 FTE positions......................... $ 7,117,300
GROSS APPROPRIATION.................................... $ 7,117,300
Appropriated from:
Special revenue funds:
Auto repair facilities fees............................ 1,449,100
Driver education provider and instructor fund.......... 25,500
Driver fees............................................ 934,900
Enhanced driver license and enhanced official state
personal identification card fund.................... 90,800
Personal identification card fees...................... 60,900
Reinstatement fees - operator licenses................. 716,300
Transportation administration collection fund.......... 3,362,300
Vehicle theft prevention fees.......................... 465,300
State general fund/general purpose..................... $ 12,200
(5) CUSTOMER DELIVERY SERVICES
Full-time equated classified positions........ 1,312.0
Branch operations--923.5 FTE positions................. $ 84,046,300
Central operations--369.5 FTE positions................ 47,680,700
Commemorative license plates--14.0 FTE positions....... 1,897,300
Credit and debit assessment services................... 5,000,000
Motorcycle safety education administration--2.0 FTE
positions............................................ 330,100
Motorcycle safety education grants..................... 1,800,000
Organ donor program.................................... 129,100
Specialty license plates--3.0 FTE positions............ 750,000
GROSS APPROPRIATION.................................... $ 141,633,500
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................................. 204,800
Auto repair facilities fees............................ 1,734,600
Child support clearance fees........................... 364,100
Credit and debit assessment service fee revenue........ 5,000,000
Driver education provider and instructor fund.......... 49,600
Driver fees............................................ 25,852,100
Driver improvement course fund......................... 1,248,400
Enhanced driver license and enhanced official state
personal identification card fund.................... 7,691,800
Expedient service fees................................. 2,608,200
Marine safety fund..................................... 1,394,600
Michigan state police auto theft fund.................. 123,700
Mobile home commission fees............................ 508,200
Motorcycle safety fund................................. 1,830,100
Off-road vehicle title fees............................ 167,300
Parking ticket court fines............................. 1,632,600
Personal identification card fees...................... 2,278,500
Recreation passport fee revenue........................ 1,000,000
Reinstatement fees - operator licenses................. 2,362,100
Snowmobile registration fee revenue.................... 390,600
Thomas Daley gift of life fund......................... 50,000
Transportation administration collection fund.......... 59,534,900
Vehicle theft prevention fees.......................... 743,600
State general fund/general purpose..................... $ 3,403,600
(6) ELECTION REGULATION
Full-time equated classified positions........... 45.0
Election administration and services--45.0 FTE
positions............................................ $ 7,100,300
County clerk education and training fund............... 100,000
Fees to local units.................................... 109,800
GROSS APPROPRIATION.................................... $ 7,310,100
Appropriated from:
Special revenue funds:
Notary education and training fund..................... 100,000
Notary fee fund........................................ 344,100
State general fund/general purpose..................... $ 6,866,000
(7) DEPARTMENTWIDE APPROPRIATIONS
Building occupancy charges/rent........................ $ 9,540,700
Worker's compensation.................................. 264,600
GROSS APPROPRIATION.................................... $ 9,805,300
Appropriated from:
Special revenue funds:
Auto repair facilities fees............................ 134,300
Driver fees............................................ 711,400
Enhanced driver license and enhanced official state
personal identification card fund.................... 26,200
Parking ticket court fines............................. 445,000
Transportation administration collection fund.......... 5,909,700
State general fund/general purpose..................... $ 2,578,700
(8) INFORMATION TECHNOLOGY
Information technology services and projects........... $ 21,969,900
GROSS APPROPRIATION.................................... $ 21,969,900
Appropriated from:
Special revenue funds:
Administrative order processing fee.................... 11,700
Auto repair facilities fees............................ 190,200
Driver fees............................................ 788,300
Enhanced driver license and enhanced official state
personal identification card fund.................... 269,800
Expedient service fees................................. 1,086,300
Parking ticket court fines............................. 87,600
Personal identification card fees...................... 171,900
Reinstatement fees - operator licenses................. 593,000
Transportation administration collection fund.......... 17,023,500
Vehicle theft prevention fees.......................... 181,200
State general fund/general purpose..................... $ 1,566,400
House Bill No. 5313 (H-1) as amended May 6, 2014
Sec. 107. DEPARTMENT OF TECHNOLOGY, MANAGEMENT, AND
BUDGET
(1) APPROPRIATION SUMMARY
Full-time equated unclassified positions.......... 6.0
Full-time equated classified positions........ 2,817.0
GROSS APPROPRIATION.................................... $ [1,260,060,100]
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 677,671,700
ADJUSTED GROSS APPROPRIATION........................... $ [582,388,400]
Federal revenues:
Total federal revenues................................. 7,974,100
Special revenue funds:
Total local revenues................................... 3,553,700
Total private revenues................................. 190,400
Total other state restricted revenues.................. 94,322,000
State general fund/general purpose..................... $ [476,348,200]
(2) EXECUTIVE DIRECTION
Full-time equated unclassified positions.......... 6.0
Full-time equated classified positions........... 12.0
Unclassified positions--6.0 FTE positions.............. $ 824,600
Executive operations--12.0 FTE positions............... 2,269,800
GROSS APPROPRIATION.................................... $ 3,094,400
Appropriated from:
Interdepartmental grant revenues:
IDG from building occupancy and parking charges........ 207,500
IDG from technology user fees.......................... 1,918,700
Special revenue funds:
Special revenue, internal service, and pension trust
funds................................................ 300,000
State general fund/general purpose..................... $ 668,200
(3) DEPARTMENT SERVICES
Full-time equated classified positions.......... 708.5
Administrative services--132.5 FTE positions........... $ 17,611,900
Budget and financial management--135.0 FTE positions... 17,667,800
Office of the state employer--23.0 FTE positions....... 3,374,400
Design and construction services--40.0 FTE positions... 6,388,900
Business support services--91.0 FTE positions.......... 10,476,400
Building operation services--210.0 FTE positions....... 91,352,000
Building occupancy charges, rent, and utilities........ 6,862,800
Motor vehicle fleet--35.0 FTE positions................ 67,669,300
Information technology services and projects........... 29,574,700
Bureau of labor market information and strategies--
42.0 FTE positions................................... 5,387,200
GROSS APPROPRIATION.................................... $ 256,365,400
Appropriated from:
Interdepartmental grant revenues:
IDG from accounting service centers user charges....... 2,690,800
IDG from building occupancy and parking charges........ 93,505,200
IDG from MDCH.......................................... 482,900
IDG from MDHS.......................................... 213,500
IDG from MDLARA........................................ 100,000
IDG from motor transport fund.......................... 67,669,300
IDG from technology user fees.......................... 7,949,100
IDG from user fees..................................... 6,703,600
Federal revenues:
Federal funds.......................................... 4,905,000
Special revenue funds:
Local - MPSCS subscriber and maintenance fees.......... 20,800
Deferred compensation.................................. 2,600
Health management funds................................ 2,176,900
MAIN user charges...................................... 4,434,600
Pension trust funds.................................... 7,427,000
Special revenue, internal service, and pension trust
funds................................................ 16,845,100
State restricted indirect funds........................ 3,383,900
State general fund/general purpose..................... $ 37,855,100
(4) TECHNOLOGY SERVICES
Full-time equated classified positions........ 1,474.5
Education services--29.0 FTE positions................. $ 4,108,700
Health and human services--617.5 FTE positions......... 285,947,700
Public protection--154.5 FTE positions................. 50,407,600
Resources services--146.5 FTE positions................ 19,254,400
Transportation services--89.5 FTE positions............ 30,446,000
General services--324.5 FTE positions.................. 90,562,100
Enterprisewide information technology investment
projects............................................. 1,800,000
General government and public safety information
technology investment projects....................... 6,900,000
Health and human services information technology
investment projects.................................. 4,300,000
MAIN system replacement information technology
investment project................................... 48,000,000
Homeland security initiative/cyber security--13.0 FTE
positions............................................ 9,068,200
Michigan public safety communication system--100.0 FTE
positions............................................ 41,859,000
GROSS APPROPRIATION.................................... $ 592,693,700
Appropriated from:
Interdepartmental grant revenues:
IDG from technology user fees.......................... 480,726,500
Special revenue funds:
Local - MPSCS subscriber and maintenance fees.......... 2,212,100
State general fund/general purpose..................... $ 109,715,100
(5) STATEWIDE APPROPRIATIONS
Professional development fund - AFSCME................. $ 50,000
Professional development fund - MPE, SEIU, scientific,
and engineering unit................................. 125,000
Professional development fund – NERE................... 200,000
Professional development fund - UAW.................... 720,000
GROSS APPROPRIATION.................................... $ 1,095,000
Appropriated from:
Interdepartmental grant revenues:
IDG from employer contributions........................ 1,095,000
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............................................ $ 1,124,600
Retirement services--162.0 FTE positions............... 25,983,700
Office of children's ombudsman--14.0 FTE positions..... 1,771,800
Public private partnership............................. 1,500,000
GROSS APPROPRIATION.................................... $ 30,380,100
Appropriated from:
Special revenue funds:
Deferred compensation.................................. 1,542,400
Pension trust funds.................................... 19,196,500
Public private partnership investment fund............. 1,500,000
State general fund/general purpose..................... $ 8,141,200
(7) STATE BUILDING AUTHORITY RENT
State building authority rent - state agencies......... $ 58,405,800
State building authority rent - department of
corrections.......................................... 44,879,900
State building authority rent - universities........... 124,825,300
State building authority rent - community colleges..... 26,459,600
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.................... $ 12,601,900
Executive direction--40.0 FTE positions................ 9,403,400
Employee benefits--16.0 FTE positions.................. 5,671,200
Training............................................... 1,300,000
House Bill No. 5313 (H-1) as amended May 6, 2014
Human resources operations--316.0 FTE positions........ 35,766,900
Information technology services and projects........... 4,385,800
GROSS APPROPRIATION.................................... $ 69,129,200
Appropriated from:
Interdepartmental grant revenues:
IDG, training charges.................................. 1,300,000
IDG, 1% special funds.................................. 3,337,900
Federal revenues:
Federal funds 1%....................................... 3,069,100
Local revenues:
Local funds 1%......................................... 1,320,800
Private revenues:
Private funds 1%....................................... 190,400
Special revenue funds:
State restricted funds 1%.............................. 21,244,900
State restricted indirect funds........................ 7,700,200
State sponsored group insurance........................ 2,743,100
State sponsored group insurance, flexible spending
accounts, and COBRA.................................. 5,824,800
State general fund/general purpose..................... $ 22,398,000
(9) CAPITAL OUTLAY
Major special maintenance, remodeling, and addition
for state agencies................................... $ 2,000,000
Enterprisewide special maintenance for state
facilities........................................... [20,000,000]
GROSS APPROPRIATION.................................... $ [22,000,000]
Appropriated from:
House Bill No. 5313 (H-1) as amended May 6, 2014
Interdepartmental grant revenues:
IDG from building occupancy charges.................... 2,000,000
State general fund/general purpose..................... $ [20,000,000]
(10) ONE-TIME BASIS ONLY APPROPRIATIONS
Regional prosperity grants............................. $ 2,500,000
Capital outlay - enterprisewide special maintenance
for state facilities................................. 10,000,000
Technology services funding............................ 6,900,000
Litigation fund........................................ 5,000,000
Office of urban initiatives............................ 5,500,000
Michigan business one stop - depreciation expenses..... 871,700
GROSS APPROPRIATION.................................... $ 30,771,700
Appropriated from:
Interdepartmental grant revenues:
IDG from technology user fees.......................... 7,771,700
State general fund/general purpose..................... $ 23,000,000
Sec. 108. DEPARTMENT OF TREASURY
(1) APPROPRIATION SUMMARY
Full-time equated unclassified positions......... 10.0
Full-time equated classified positions........ 2,569.5
GROSS APPROPRIATION.................................... $ [2,914,468,800]
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 9,409,100
ADJUSTED GROSS APPROPRIATION........................... $ [2,905,059,700]
Federal revenues:
House Bill No. 5313 (H-1) as amended May 6, 2014
Total federal revenues................................. 667,075,700
Special revenue funds:
Total local revenues................................... 6,416,000
Total private revenues................................. 5,678,000
Total other state restricted revenues.................. 1,771,722,100
State general fund/general purpose..................... $ [454,167,900]
(2) EXECUTIVE DIRECTION
Full-time equated unclassified positions......... 10.0
Full-time equated classified positions........... 16.0
Unclassified positions--10.0 FTE positions............. $ 1,099,500
Executive direction and operations--16.0 FTE positions. 3,008,400
GROSS APPROPRIATION.................................... $ 4,107,900
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...................... 1,330,600
Michigan state housing development authority fees and
charges.............................................. 258,100
State lottery fund..................................... 281,600
State services fee fund................................ 319,900
State general fund/general purpose..................... $ 1,852,700
(3) DEPARTMENTWIDE APPROPRIATIONS
Rent and building occupancy charges - property
management services.................................. $ 5,948,800
Worker's compensation insurance premium................ 129,200
GROSS APPROPRIATION.................................... $ 6,078,000
Appropriated from:
Special revenue funds:
Delinquent tax collection revenue...................... 2,945,200
State general fund/general purpose..................... $ 3,132,800
(4) LOCAL GOVERNMENT PROGRAMS
Full-time equated classified positions.......... 100.0
Supervision of the general property tax law--75.0 FTE
positions............................................ $ 18,817,500
Property tax assessor training--4.0 FTE positions...... 1,031,900
Local finance--21.0 FTE positions...................... 2,571,200
GROSS APPROPRIATION.................................... $ 22,420,600
Appropriated from:
Special revenue funds:
Local - assessor training fees......................... 1,031,900
Local - audit charges.................................. 810,600
Local - equalization study charge-backs................ 40,000
Local - revenue from local government.................. 100,000
Land reutilization fund................................ 5,304,500
Municipal finance fees................................. 534,900
Delinquent tax collection revenue...................... 1,494,300
State general fund/general purpose..................... $ 13,104,400
(5) TAX PROGRAMS
Full-time equated classified positions.......... 785.0
Tax compliance--345.0 FTE positions.................... $ 45,452,100
Tax and economic policy--93.0 FTE positions............ 13,100,000
Tax processing--319.0 FTE positions.................... 36,932,300
Health insurance claims fund program--15.0 FTE
positions............................................ 2,033,800
Home heating assistance................................ 3,023,400
Bottle act implementation.............................. 250,000
Tobacco tax enforcement--13.0 FTE positions............ 1,579,500
GROSS APPROPRIATION.................................... $ 102,371,100
Appropriated from:
Interdepartmental grant revenues:
IDG from MDOT, Michigan transportation fund............ 2,300,000
IDG from MDOT, state aeronautics fund.................. 71,000
Federal revenues:
HHS-SSA, low-income energy assistance.................. 3,023,400
Special revenue funds:
Bottle deposit fund.................................... 250,000
Delinquent tax collection revenue...................... 70,170,400
Emergency 911 fund..................................... 156,200
Health insurance claims fund........................... 2,033,800
Tobacco tax revenue.................................... 4,027,700
Waterways fund......................................... 105,100
State general fund/general purpose..................... $ 20,233,500
(6) FINANCIAL AND ADMINISTRATIVE SERVICES
Full-time equated classified positions.......... 379.0
Departmental services--88.0 FTE positions.............. $ 9,001,700
Unclaimed property--29.0 FTE positions................. 4,772,800
Office of collections--199.0 FTE positions............. 26,303,200
Office of accounting services--24.0 FTE positions...... 2,441,900
Office of financial services--39.0 FTE positions....... 4,396,900
GROSS APPROPRIATION.................................... $ 46,916,500
Appropriated from:
Interdepartmental grant revenues:
IDG, levy/warrant cost assessment fees................. 2,000,000
IDG, state agency collection fees...................... 2,892,100
IDG from MDHS, title IV-D.............................. 764,700
IDG data/collection service fees....................... 290,800
IDG from accounting service center user charges........ 484,200
Special revenue funds:
Delinquent tax collection revenue...................... 27,127,700
Escheats revenue....................................... 4,772,800
Justice system fund.................................... 479,400
Garnishment fees....................................... 2,487,900
State restricted indirect funds........................ 273,000
Treasury fees.......................................... 46,200
State general fund/general purpose..................... $ 5,297,700
(7) FINANCIAL PROGRAMS
Full-time equated classified positions.......... 211.5
Investments--82.0 FTE positions........................ $ 20,321,700
Common cash and debt management--22.5 FTE positions.... 1,633,600
Student financial assistance programs--25.5 FTE
positions............................................ 2,695,000
Michigan finance authority - bond finance--72.5 FTE
positions............................................ 38,728,000
John R. Justice grant program.......................... 287,700
Dual enrollment payments............................... 1,005,200
Financial independence team............................ 100
GROSS APPROPRIATION.................................... $ 64,671,300
Appropriated from:
Interdepartmental grant revenues:
IDG, fiscal agent service fees......................... 206,300
Federal revenues:
DED-OPSE, federal lenders allowance.................... 10,626,700
DED-OPSE, higher education act of 1965, insured loans.. 25,082,800
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.............................................. 3,018,500
Michigan merit award trust fund........................ 1,143,200
Retirement funds....................................... 18,814,400
School bond fees....................................... 837,600
Treasury fees.......................................... 1,619,500
State general fund/general purpose..................... $ 2,934,600
(8) DEBT SERVICE
Quality of life bond................................... $ 81,360,000
Clean Michigan initiative.............................. 57,224,000
Great Lakes water quality bond......................... 13,811,000
GROSS APPROPRIATION.................................... $ 152,395,000
Appropriated from:
State general fund/general purpose..................... $ 152,395,000
(9) GRANTS
Convention facility development distribution........... $ 90,950,000
Senior citizen cooperative housing tax exemption
program.............................................. 12,020,000
Emergency 911 payments................................. 27,000,000
Health and safety fund grants.......................... 9,000,000
Facility for rare isotope beams........................ 7,300,000
GROSS APPROPRIATION.................................... $ 146,270,000
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..................... $ 19,320,000
(10) BUREAU OF STATE LOTTERY
Full-time equated classified positions.......... 183.0
Lottery operations--183.0 FTE positions................ $ 24,273,400
Promotion and advertising.............................. 18,622,000
Lottery information technology services and projects... 5,211,100
GROSS APPROPRIATION.................................... $ 48,106,500
Appropriated from:
Special revenue funds:
State lottery fund..................................... 48,106,500
State general fund/general purpose..................... $ 0
(11) CASINO GAMING
Full-time equated classified positions.......... 129.0
Michigan gaming control board.......................... $ 50,000
Casino gaming control operations--119.0 FTE positions.. 25,269,400
Casino gaming information technology services and
projects............................................. 1,984,400
House Bill No. 5313 (H-1) as amended May 6, 2014
Racing commission--10.0 FTE positions.................. 2,352,400
GROSS APPROPRIATION.................................... $ 29,656,200
Appropriated from:
Special revenue funds:
Casino gambling agreements............................. 814,500
Laboratory fees........................................ 700,000
State services fee fund................................ 28,141,700
State general fund/general purpose..................... $ 0
(12) PAYMENTS IN LIEU OF TAXES
Commercial forest reserve.............................. $ 3,207,700
Purchased lands........................................ 6,838,000
Swamp and tax reverted lands........................... 8,168,800
GROSS APPROPRIATION.................................... $ 18,214,500
Appropriated from:
Special revenue funds:
Private funds.......................................... 23,100
Game and fish protection fund.......................... 2,450,300
Michigan natural resources trust fund.................. 1,505,700
Michigan state waterways fund.......................... 204,300
State general fund/general purpose..................... $ 14,031,100
(13) MICHIGAN STRATEGIC FUND
Full-time equated classified positions.......... 403.0
Administrative services--22.0 FTE positions............ $ 3,131,700
Job creation services--139.0 FTE positions............. 19,021,100
Pure Michigan.......................................... 31,000,000
Entrepreneurship eco-system............................ 25,000,000
Business attraction and community revitalization....... [107,499,900
Michigan heritage restoration program.................. 1,000,000
Detroit Farwell recreation center improvements......... 100]
House Bill No. 5313 (H-1) as amended May 6, 2014
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................ 891,900
Community college skilled trades equipment program..... 4,600,000
Skilled trades training program........................ 10,000,000
GEAR-UP program grants................................. 4,730,700
Carl D. Perkins grants................................. 19,000,000
Adult basic education.................................. 20,000,000
Adult education--16.0 FTE positions.................... 2,939,800
Energy programs........................................ 3,610,900
Postsecondary education--9.0 FTE positions............. 2,064,300
Employment services--125.0 FTE positions............... 35,166,900
Workforce development agency administrative services--
22.0 FTE positions................................... 1,740,400
Workforce program administration--57.0 FTE positions... 13,404,400
Workforce development programs......................... 250,819,100
Welfare-to-work programs............................... 75,357,200
Workforce development agency rent and property
management........................................... 870,500
[Michigan GED-to-school program......................... 600,000]
Information technology services and projects........... 925,000
GROSS APPROPRIATION.................................... $ [700,323,900]
Appropriated from:
Federal revenues:
DAG, employment and training........................... 3,500,000
DED-OESE, gear-up...................................... 4,730,700
DED-OVAE, adult education.............................. 20,000,000
House Bill No. 5313 (H-1) as amended May 6, 2014
DED-OVAE, basic grants to states....................... 19,000,000
DOE-OEERE, multiple grants............................. 3,796,800
DOL, federal funds..................................... 112,800,000
DOL-ETA, workforce investment act...................... 174,003,300
Federal funds.......................................... 5,950,000
HUD-CPD, community development block grants............ 49,780,700
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.......................................... 5,274,900
Private - oil overcharge............................... 30,000
Defaulted loan collection fees......................... 150,000
Industry support fees.................................. 5,500
21st century jobs trust fund........................... 75,000,000
Michigan film promotion fund........................... 654,800
Public utility assessments............................. 872,400
State general fund/general purpose..................... $ [154,042,500]
(14) REVENUE SHARING
Constitutional state general revenue sharing grants.... $ 764,927,600
County revenue sharing payments........................ 168,960,000
County incentive program............................... 42,240,000
Economic vitality incentive program.................... 243,040,000
Competitive grant assistance program................... 5,000,000
GROSS APPROPRIATION.................................... $ 1,224,167,600
Appropriated from:
Special revenue funds:
Sales tax.............................................. 1,224,167,600
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..... 57,957,900
Land bank fast track authority--6.0 FTE positions...... 5,250,000
Lighthouse preservation program........................ 307,500
Rent and administrative support........................ 3,870,700
Michigan state housing development authority
technology services and projects..................... 3,559,900
GROSS APPROPRIATION.................................... $ 237,806,000
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.............................................. 65,388,500
Michigan lighthouse preservation fund.................. 307,500
Land bank fast track act............................... 300,000
State general fund/general purpose..................... $ 3,950,000
House Bill No. 5313 (H-1) as amended May 6, 2014
(16) STATE BUILDING AUTHORITY
Full-time equated classified positions............ 4.0
State building authority--4.0 FTE positions............ $ 712,400
GROSS APPROPRIATION.................................... $ 712,400
Appropriated from:
Special revenue funds:
State building authority revenue....................... 712,400
State general fund/general purpose..................... $ 0
(17) INFORMATION TECHNOLOGY
Treasury operations information technology services
and projects......................................... $ 25,151,100
GROSS APPROPRIATION.................................... $ 25,151,100
Appropriated from:
Interdepartmental grant revenues:
IDG from MDOT, Michigan transportation fund............ 400,000
Federal revenues:
DED-OPSE, federal lender allowance..................... 619,800
Special revenue funds:
Delinquent tax collection revenue...................... 15,671,400
Retirement funds....................................... 758,800
Tobacco tax revenue.................................... 127,700
State general fund/general purpose..................... $ 7,573,400
(18) ONE-TIME APPROPRIATIONS
Full-time equated classified positions........... 15.0
Economic vitality incentive program.................... $ 28,800,000
Credit card payment service--6.0 FTE positions......... 500,000
Personal property tax reform--9.0 FTE positions........ 20,800,000
[Waterford regional fire department grant.............. 100
City of Flint police and fire safety grant............. 100]
House Bill No. 5313 (H-1) as amended May 6, 2014
MSF - business attraction and community revitalization. 10,000,000
MSF – film incentives.................................. 25,000,000
GROSS APPROPRIATION.................................... $ [85,100,200]
Appropriated from:
Special revenue funds:
Sales tax.............................................. 28,800,000
State general fund/general purpose..................... $ [56,300,200]
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
FOR FISCAL YEAR 2014-2015
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 2014-2015 is
[$3,218,685,200.00] and state spending from state resources to be
paid to local units of government for fiscal year 2014-2015 is
$1,456,018,000.00. The itemized statement below identifies
appropriations from which spending to local units of government
will occur:
DEPARTMENT OF STATE
Fees to local units.................................... $ 109,800
Motorcycle safety grants............................... 1,251,000
Subtotal............................................... $ 1,360,800
DEPARTMENT OF TREASURY
Senior citizen cooperative housing tax exemption....... $ 12,020,000
Health and safety fund grants.......................... 9,000,000
Constitutional state general revenue sharing grants.... 764,927,600
Economic vitality incentive program.................... 271,840,000
Convention facility development fund distribution...... 90,950,000
Emergency 9-1-1 payments............................... 24,700,000
Competitive grant assistance program................... 5,000,000
County incentive program............................... 42,240,000
County revenue sharing payments........................ 168,960,000
Airport parking distribution pursuant to section 909... 16,280,300
Payments in lieu of taxes.............................. 18,214,500
Personal property tax reform........................... 19,300,000
Welfare-to-work programs............................... 11,224,800
Subtotal............................................... $ 1,454,657,200
TOTAL GENERAL GOVERNMENT............................... $ 1,456,018,000
(2) Pursuant to section 30 of article IX of the state
constitution of 1963, total state spending from state sources for
fiscal year 2014-2015 is estimated at $28,753,069,800.00 in the
2014-2015 appropriations acts and total state spending from state
sources paid to local units of government for fiscal year 2014-2015
is estimated at $16,165,784,900.00. The state-local proportion is
estimated at 56.2% of total state spending from state resources.
(3) If payments to local units of government and state
spending from state sources for fiscal year 2014-2015 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
2014-2015 to the senate and house of representatives standing
committees on appropriations within 30 days after the final book-
closing for fiscal year 2014-2015.
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.
House Bill No. 5313 (H-1) as amended May 6, 2014
(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 general educational development.
(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
House Bill No. 5313 (H-1) as amended May 6, 2014
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, and
hope.
[(tt)] "RFI" means a request for information.
[(uu)] "RFP" means a request for a proposal.
[(vv)] "RFQ" means a request for qualifications.
House Bill No. 5313 (H-1) as amended May 6, 2014
[(ww)] "SEIU" means service employees international union.
[(xx) “WDA” means workforce development agency.
(yy)] "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 increase for which funds are appropriated in part 1, the department or agency shall report the following to the house and senate appropriations committees, the house and senate fiscal agencies, and the state budget director:
(a) By November 1, 2014, a list of specific benchmarks intended to measure the performance or return on taxpayer investment of the program and its associated expenditures.
(b) By March 1, 2015, an update on the progress of the program and the status of expenditures for the program as measured by those benchmarks.
(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 spending increase on existing programs initiated by the executive branch or the legislature shall include, as part of the original proposal or budget request, a specific 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:
2013 2014 2015
Michigan personal income (millions). $389,418 $406,552 $425,254
less: transfer payments........... 85,028 88,854 94,630
Subtotal ......................... $304,390 $317,698 $330,624
Divided by: Detroit Consumer Price
Index for 12 months ending June 30 2.182 2.210 2.241
Equals: real adjusted Michigan
personal income................. $139,500 $143,731 $147,514
Percentage change................. N/A 3.0% 2.6%
Growth rate in excess of 2%?....... N/A 1.0% 0.6%
Equals: countercyclical budget and
economic stabilization fund pay-in
calculation for the fiscal year ending
September 30, 2015 (millions)... N/A $95.7 N/A
Growth rate less than 0%?......... N/A NO NO
Equals: countercyclical budget and
economic stabilization fund pay-out
calculation for the fiscal year ending
September 30, 2015 (millions)... N/A N/A $0.0
(2) Notwithstanding subsection (1), there is appropriated for
the fiscal year ending September 30, 2015, from general
fund/general purpose revenue for deposit into the countercyclical
budget and economic stabilization fund the sum of $100,000,000.00.
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. 214. The departments and agencies receiving
appropriations in part 1 shall notify the chairpersons of the
senate and house of representatives standing committees on
appropriations, the chairpersons of the senate and house of
representatives standing committees on appropriations subcommittees
on general government, the senate and house fiscal agencies, and
the state budget office on any salary increase exceeding 5.0% at
least 14 days prior to the finalization of the salary increase.
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, 2014 and September 30, 2015.
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. If the office of the auditor general has identified
an initiative or made a recommendation that is related to savings
and efficiencies in an audit report for an executive branch
department or agency, the department or agency shall report within
6 months of the release of the audit on their efforts and progress
made toward achieving the savings and efficiencies identified in
the audit report. The report shall be submitted to the chairs of
the senate and house of representatives standing committees on
appropriations, the chairs of the senate and house of
representatives standing committees with jurisdiction over matters
relating to the department that is audited, and the senate and
house fiscal agencies.
Sec. 231. (1) It is the intent of the legislature that
departments and agencies receiving appropriations in part 1
House Bill No. 5313 (H-1) as amended May 6, 2014
properly account for their spending and do not use FTE positions as
placeholders for spending in other parts of their budgets.
(2) The departments and agencies receiving appropriations
under part 1 shall provide a report to the legislature specifying
the number of filled, FTE positions in pay status in the
immediately preceding fiscal year by February 1. When reporting on
the number of filled, FTE positions in pay status, the department
or agency shall provide the maximum number of filled, FTE positions
in pay status by appropriation line item in the last pay period of
each quarter of the immediately preceding fiscal year. The report
shall also include a listing of all funded, FTE positions by
position title.
Sec. 235. No state department or agency shall issue an RFP for
a contract in excess of $5,000,000.00 unless the department or
agency has first considered issuing an RFI or an RFQ relative to
that contract to better enable the department or the 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 MDTMB of the evaluation process used to determine if an RFI
or RFQ was not necessary prior to issuing the RFP.
[Sec. 239. The department of technology, management, and budget, with the assistance of the Michigan energy office as necessary, shall assess the energy performance of state-owned buildings so that state departments, agencies, and authorities are better able to identify priority projects for energy improvements that can be achieved with internal resources and energy savings performance contracts under the cost-effective governmental energy use act, 2012 PA 625, MCL 18.1711 to 18.1725.]
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 $614,400.00 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.
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.
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 legislative
council includes funds to operate the legislative parking
facilities in the capitol area. The legislative council shall
establish rules regarding the operation of the legislative parking
facilities.
(2) The legislative council 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 legislative council.
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.
House Bill No. 5313 (H-1) as amended May 6, 2014
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,
2019.
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, 2019.
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.
[
House Bill No. 5313 (H-1) as amended May 6, 2014
]
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.
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. 809. 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 at least 14 days before the
department of technology, management, and budget finalizes the
revisions.
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
House Bill No. 5313 (H-1) as amended May 6, 2014
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. 815. (1) The department of technology, management, and budget shall review all existing and proposed capital improvement projects over $500,000.00 for inclusion in an energy savings performance contract under the cost-effective governmental energy use act, 2012 PA 625, MCL 18.1711 to 18.1725.
(2) By February 15, 2015, the department of technology, management, and budget shall report to the senate and house appropriations subcommittees on general government and the senate and house fiscal agencies on the use of energy savings performance contracts. At a minimum, the report shall identify each capital improvement project over $500,000.00 and for each project listed, include the following information:
(a) A brief project description.
(b) Whether the project was included in an energy savings performance contract, and if not, a brief explanation of why the project was not included in an energy savings performance contract.
(c) If applicable, identification of the energy savings performance contract and the qualified energy service provider under the contract.
(d) If included in an energy savings performance contract, an estimate of the energy savings to be achieved.
(e) If included in an energy savings performance contract, the cost of inclusion in the contract.]
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 develop a plan regarding the office space consolidation
project, including the use of the funds appropriated pursuant to
2012 PA 200 for the space consolidation fund. The plan shall
include, but not be 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, and any other information
the department deems necessary. The plan shall be updated and
distributed annually to the senate and house of representatives
standing committees on appropriations subcommittees on general
government, as well as the senate and house fiscal agencies.
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.
Sec. 822a. In addition to the general fund/general purpose
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. 822b. In addition to the general fund/general purpose
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. 822d. (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
House Bill No. 5313 (H-1) as amended May 6, 2014
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. 822e. 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. 822f. By October 15, 2014, 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 2015-2016. The report
shall also identify changes from fees and rates charged in fiscal
year 2014-2015 and include an explanation of the factors that
justified each fee and rate change.
Sec. 822g. The department of technology, management, and
budget shall provide assistance as necessary to the department of
state police regarding discussions with the city of Wayland on a
potential partnership between the city and the department of state
police for a joint public safety building located in that city.
[Sec. 822h. The department of technology, management, and budget, working jointly with the department of state police, shall review and evaluate the feasibility of repurposing the one division building in Grand Rapids for a new state police crime laboratory. By January 1, 2015, the department of technology, management, and budget shall report to the senate and house appropriations subcommittees on general government and the senate and house fiscal agencies on the results of that review, including matters considered, any recommendations, and the reasons for those recommendations.]
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.
Sec. 836. (1) From the funds appropriated in part 1 for
information technology investment projects, the department shall
conduct an analysis of public or private cloud computing
technologies for new projects. The analysis shall include, but is
not limited to, potential cost savings, data security, complexity,
and improved information technology flexibility for the state. The
department shall give preference to cloud computing technologies
that present the highest opportunity for information technology
savings and that have a proven track record.
(2) For existing projects or system upgrades, the department
shall conduct an analysis of migrating the project to a cloud-based
platform. The analysis shall include, but is not limited to,
potential cost savings, data security, complexity, and improved
information technology flexibility for the state. The department
shall give preference to cloud computing technologies that present
the highest opportunity for information technology savings.
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 Michigan economic
development corporation board and the state budget director shall
determine whether or not a specific state-owned site qualifies for
inclusion in the fund created under this subsection.
(2) Proceeds from the sale of any sites designated in
subsection (1) shall be deposited into the fund created in
subsection (1) and shall be available for site preparation
expenditures, unless otherwise provided by law. The economic
development sites authorized in subsection (1) are authorized for
sale consistent with state law. Expenditures from the fund are
authorized for site preparation activities that enhance the
marketable sale value of the sites. Site preparation activities
include, but are not limited to, demolition, environmental studies
and abatement, utility enhancement, and site excavation.
(3) A cash advance in an amount of not more than
$25,000,000.00 is authorized from the general fund to the site
preparation economic development fund.
(4) An annual report shall be transmitted to the senate and
house of representatives standing committees on appropriations not
later than December 31 of each year. This report shall detail both
of the following:
(a) The revenue and expenditure activity in the fund for the
preceding fiscal year.
(b) The sites identified as economic development sites under
subsection (1).
Sec. 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.
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. 890. (1) The funds appropriated in part 1 for the
regional prosperity initiative are to be used as 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. An eligible regional planning organization is
defined under any of the following:
(a) An existing regional planning commission pursuant to 1945
PA 281, MCL 125.11 to 125.25.
(b) An existing regional economic development commission
pursuant to 1966 PA 46, MCL 125.1231 to 125.1237.
(c) An existing metropolitan area council pursuant to 1989 PA
292, MCL 124.651 to 124.729.
(d) A Michigan metropolitan planning organization pursuant to
the moving ahead for progress in the 21st century act, Public Law
112-141.
(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 existence or formation of a regional prosperity
collaborative, defined as any committee developed by a regional
planning organization which 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, as follows:
(i) The collaborative must include regional representatives
from adult education, workforce development, economic development,
transportation, and higher education organizations.
(ii) The phase one: regional prosperity plan is required, at a
minimum, to include a 5-year economic development blueprint for the
region, a performance dashboard and measurable annual goals.
(iii) The 5-year economic development blueprint must include
plans related to regional planning of adult education, workforce
development, economic development, transportation, and higher
education.
(iv) The regional prosperity collaborative shall adopt its
phase one: regional prosperity plan by a 2/3 majority vote of its
members.
(b) Accountability and transparency, which requires the
regional prosperity collaborative to meet the following
requirements:
(i) Convene monthly meetings to consider and discuss issues
leading to a common vision of economic prosperity for the region,
including, but not limited to, economic development, talent, and
infrastructure opportunities.
(ii) Make available on a publicly accessible Internet site by 1
or all of the regional prosperity collaborative member
organizations, pertinent documents, including, but not limited to,
monthly meeting agendas, minutes of monthly meetings, and the
regional prosperity plan and performance dashboard.
(c) The existence of 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
for feasibility and process mapping 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
structures 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 a
publicly accessible Internet site by at least 1 of the regional
prosperity collaborative member organizations.
(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 formation of a regional prosperity council, defined as
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, as follows:
(i) The council must include regional representatives from
adult education, workforce development, economic development,
transportation, and higher education organizations.
(ii) The council shall identify additional opportunities for
shared administrative services and decision-making among the
private, public, and nonprofit entities within the region and
continue collaboration among regional prosperity council members,
including, but not limited to, representatives from adult education
providers, workforce development agencies, economic development
agencies, transportation service providers, and higher education
institutions.
(iii) The phase two: regional prosperity plan is required to
include a status report of the approved 5-year plan and the
addition of a 10-year economic development blueprint for the
region, including a performance dashboard with measurable annual
goals, and a prioritized list of regional projects.
(iv) The regional prosperity council shall adopt its phase two:
regional prosperity plan by a 2/3 vote.
(b) Accountability and transparency, which requires the
regional prosperity council to meet the following requirements:
(i) Convene monthly meetings to consider, discuss, and make
business decisions on issues leading to a common vision of economic
prosperity for the region, including, but not limited to, economic
development, talent, and infrastructure opportunities.
(ii) Make available on a publicly accessible Internet site by 1
or all of the regional prosperity council member organizations,
pertinent documents, including, but not limited to, monthly meeting
agendas, minutes of monthly meetings, local agreements pertinent to
the organization and operations of the council, feasibility
studies, the regional prosperity plan, and performance dashboard.
(c) The existence of 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 for
feasibility and process mapping 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 structures 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 formation of a regional prosperity board, defined as 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, as
follows:
(i) The board, at a minimum, must demonstrate the consolidation
of regional metropolitan planning organization board or boards,
state designated regional planning agency board or boards,
workforce development board or boards, and federally designated
economic development district or districts.
(ii) The board shall create a regional services recommendations
report outlining the prioritized 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 phase three: regional prosperity plan is required to
include a status report of the approved 10-year plan.
(iv) The regional prosperity board shall adopt its phase three:
regional prosperity plan by a 2/3 vote of its members.
(b) Accountability and transparency, which requires the
regional prosperity board to meet the following requirements:
(i) Convene monthly meetings to consider, discuss, and make
business decisions on issues leading to a common vision of economic
prosperity for the region, including, but not limited to, economic
development, talent, and infrastructure opportunities.
(ii) Make available on a publicly accessible Internet site by 1
or all of the regional prosperity board member organizations,
pertinent documents, including, but not limited to, monthly meeting
agendas, minutes of monthly meetings, local agreements pertinent to
the organization and operations of the council, feasibility
studies, the regional prosperity plan, performance dashboard, and
the regional services recommendation report.
(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 build or enhance
infrastructure or tools necessary to facilitate greater
collaboration among regional prosperity board members, and to
implement the 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 as
defined in this section to submit joint applications. In the
instance of a joint application, 1 regional planning organization
must 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 November 1, 2014.
The department shall notify regional planning organizations of
grant application status by January 1, 2015. 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, 2019.
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 litigation fund expenditures. The report shall itemize
expenditures by case, purpose, and department involved.
Sec. 895. (1) The amount appropriated in part 1 for Michigan
business one stop - depreciation expenses shall be expended solely
to pay the remaining capitalized development cost of the Michigan
business one stop.
(2) Notwithstanding subsection (1), the department shall not
charge state departments for nor expend state resources on the
continued development, maintenance, or operation of the Michigan
business one stop.
(3) The state budget director shall reduce user fees charged
to state departments by amounts equivalent to the reduction in
appropriation for the Michigan business one stop.
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 2013. 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.
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, 2016.
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 2013-2014 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 14-point review, 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.
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. 951. (1) The funds appropriated in part 1 for the
competitive grant assistance program are to be used for assistance
grants to cities, villages, townships, counties, authorities,
school districts, intermediate school districts, public community
colleges, and public universities to offset the costs associated
with mergers, interlocal agreements, and cooperative efforts for
those cities, villages, townships, counties, authorities, school
districts, intermediate school districts, public community
colleges, and public universities that elect to combine government
operations. For an authority, school district, intermediate school
district, public community college, or public university to qualify
for grant funding under this section, the authority, school
district, intermediate school district, public community college,
or public university must combine operations with a city, village,
township, or county. Consideration may be given to cities,
villages, townships, counties, authorities, school districts,
intermediate school districts, public community colleges, and
public universities for projects that result in more efficient
government services through increased cooperation and/or
collaboration. The department of treasury shall develop an
application process and method of grant distribution.
(2) The unexpended funds appropriated in part 1 for the
competitive grant assistance program, economic vitality incentive
program, and the county incentive program are designated as work
project appropriations and any unencumbered or unallotted funds
shall not lapse at the end of the fiscal year and shall be
available for expenditure for projects under this section until the
projects have been completed. The following is in compliance with
House Bill No. 5313 (H-1) as amended May 6, 2014
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
governmental units.
(c) The total estimated cost of all projects is
$319,080,000.00.
(d) The tentative completion date is September 30, 2019.
[Sec. 952. (1) The funds appropriated in part 1 for the
economic vitality incentive program are to be used for grants to
cities, villages, and townships such that, subject to fulfilling
the requirements under subsection (3) or (4), or any
combination of those subsections, each city, village, or township
is eligible to receive 76.94644% of its total payment received
under section 950(2) of 2009 PA 128 or a payment equal to the
population of the city, village, or township multiplied by
$7.14609, whichever is greater, rounded to the nearest dollar. If
both calculations result in amounts less than $5,000.00 for any
individual city, village, or township, that city, village, or
township is not eligible for a payment under this section. For
purposes of this subsection, population is determined in the same
manner as the distribution under section 950. In addition, any city
or village that according to the 2010 federal decennial census is
determined to have population in more than 1 county will be treated
as a single entity when determining the payment received under
section 950(2) of 2009 PA 128 and the distribution under section
House Bill No. 5313 (H-1) as amended May 6, 2014
950.
(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(13) 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) or (4), or any combination
of those subsections. However, a city, village, township, or county
eligible to receive less than $50,000.00 under this subsection or
subsection (1) is exempt from the requirements of subsection (3) or
(4) and shall qualify for a full payment under this
subsection or subsection (1). Cities, villages, townships, and
counties eligible to receive a potential payment of $50,000.00 or
more from the allocation under this subsection or subsection (1)
may qualify to receive payments under 1 or more of the 2 categories
described under subsections (3) and (4).
(3) Category 1, accountability and transparency, requires each
House Bill No. 5313 (H-1) as amended May 6, 2014
eligible city, village, township, or county to certify by October
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; 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. The citizen's guide,
performance dashboard, debt service report, and projected budget
report shall be made available for public viewing in the city,
village, township, or county clerk's office or posted on a publicly
accessible Internet site. Each city, village, township, and county
applying for a payment under this category 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.
(4) Category 2, unfunded accrued liabilities requires
each eligible city, village, township, or county to certify by
June 1, or the first day of a payment month for this category,
that it has complied with (a) or (b):
(a) An eligible city, village, township, or county with unfunded
accrued liabilities as of its most recent audited financial report
House Bill No. 5313 (H-1) as amended May 6, 2014
related to employee pensions or other post-employment benefits shall
certify that it has committed an amount equal to or greater than 5% of
its total eligible payment under subsection (1) or (2) to address its
unfunded accrued liabilities in fiscal year 2014-2015. The funding shall
supplement and not supplant current levels of funding used to address
unfunded accrued liabilities. The department shall develop a
certification process and method for cities, villages, townships, or
counties to follow.
(b) Any city, village, township, or county that does not have
unfunded accrued liabilities as of its most recent audited financial
report related to employee pensions or other post-employment benefits
shall certify to the department of treasury that it does not have
unfunded accrued liabilities. The certification shall include an
explanation of why the city, village, township, or county does not have
unfunded accrued liabilities. The department shall develop a
certification process and method for cities, villages, townships, or
counties to follow.
(5) Economic vitality incentive program payments and county
incentive program payments are subject to the following conditions:
(a) In order for a city, village, township, or county to qualify
for a category under subsection (3) or (4), the city, village, township,
or county shall meet every criteria for that category, including a
certification to the department that it has met the required criteria for
that category and submission of the required citizen's guide, performance
dashboard, debt service report, and projected budget report as required
by subsection (3) or (4), respectively. A department of treasury review of the citizen's guide, dashboard, or reports is not required in order
House Bill No. 5313 (H-1) as amended May 6, 2014
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. A city, village, township, or county eligible to receive less
than $50,000.00 under subsection (1) or (2) is exempt from having to
certify that it has complied with the requirements under subsection (3)
or (4) to receive its full eligible payment under subsection (1) or (2).
(b) Subject to subdivisions (c), (d), and (e), for each category
that a city, village, township, or county qualifies for in subsections
(3) and (4), the city, village, township, or county shall receive 1/2 of
its potential payment under this section.
(c) Payments under this section shall be issued to cities,
villages, and townships as follows:
(i) Category 1, an eligible city, village, or township that
certifies with the department of treasury that it has qualified for a
payment under subsection (3) by October 1 shall receive 1/6 of its
available distribution on the last business day of October, 1/6 of its
available distribution on the last business day of December, and 1/6 of
its available distribution on the last business day of February. If an
eligible city, village, or township certifies with the department of
treasury that it has qualified for a payment under subsection (3) after
October 1, but prior to December 1, the city, village, or township shall
receive 1/6 of its available distribution on the last business day of
December and 1/6 of its available distribution on the last business day
of February. If an eligible city, village, or township certifies with the department of treasury that it has qualified for a payment under
subsection (3) after December 1, but prior to February 1, the city,
House Bill No. 5313 (H-1) as amended May 6, 2014
village, or township shall receive 1/6 of its available distribution on
the last business day of February. A city, village, or township eligible
to receive less than $50,000.00 under subsection (1) shall qualify for a
payment under subsection (3) and shall receive 1/6 of its available
distribution on the last business day of October, 1/6 of its available
distribution on the last business day of December, and 1/6 of its
available distribution on the last business day of February.
(ii) Category 2, an eligible city, village, or township that
certifies with the department of treasury that it has qualified for a
payment under subsection (4) by April 1 shall receive 1/6 of its
available distribution on the last business day of April, 1/6 of its
available distribution on the last business day of June, and 1/6 of its
available distribution on the last business day of August. If an eligible
city, village, or township certifies with the department of treasury that
it has qualified for a payment under subsection (4) after April 1, but
prior to June 1, the city, village, or township shall receive 1/6 of its
available distribution on the last business day of June and 1/6 of its
available distribution on the last business day of August. If an
eligible city, village, or township certifies with the department of
treasury that it has qualified for a payment under subsection (4) after
June 1, but prior to August 1, the city, village, or township shall
receive 1/6 of its available distribution on the last business day of
August. A city, village, or township eligible to receive less than
$50,000.00 under subsection (1) shall qualify for a payment under subsection (4) and shall receive 1/6 of its available distribution on the
last business day of April, 1/6 of its available distribution on the last
business day of June, and 1/6 of its available distribution on the last
House Bill No. 5313 (H-1) as amended May 6, 2014
business day of August.
(d) Payments under this section shall be issued to counties for
each category described in subsections (3) and (4) until the specified
due date for the category. After the specified due date for the category,
payments shall be made to a county only if that county has complied with
subdivision (a).
(e) If a 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 county shall forfeit the payment in that payment month for the
uncertified category in subsections (3) and (4). A county eligible to
receive less than $50,000.00 under subsection (2) is not required to
certify under subsection (3) or (4) and shall qualify for its full
eligible payment under subsection (2).
(f) Any city, village, township, or county that falsifies
certification documents shall forfeit any future economic vitality
incentive program payments or county incentive program payments and shall
repay to this state all economic vitality incentive program payments or
county incentive program payments it has received under this section.
(g) Economic vitality incentive program 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) The department of treasury shall develop detailed guidance for
House Bill No. 5313 (H-1) as amended May 6, 2014
an eligible city, village, township, or county to follow to qualify for a
payment under subsections (3) and (4). The detailed guidance shall be
posted on the department of treasury website and distributed to eligible
cities, villages, townships, and counties by October 1.
(6) The unexpended funds appropriated in part 1 for the economic
vitality incentive program and the county incentive program shall be
available for expenditure under the competitive grant assistance program
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.
(7) From the funds appropriated in part 1 for the economic vitality
incentive program, $300,000.00 shall be allocated to the department of
treasury for administration of the program.
House Bill No. 5313 (H-1) as amended May 6, 2014
]
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.
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 department of treasury 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, 2015 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.
Sec. 986. As a condition for receiving funds in part 1, the
land bank fast track authority shall provide a report, not later
than February 15, 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 shall include, but is not limited to, all the following:
(a) A detailed listing of revenue generating activities that
would mitigate or eliminate the need for state GF/GP appropriations
to support operations.
(b) A listing of any identified barriers to implementation of
the revenue generating activities listed in subdivision (a).
(c) A timeline for implementing the revenue generating
activities listed in subdivision (a).
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) Strategic fund 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 development 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, and 2013 PA 59:
(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
House Bill No. 5313 (H-1) as amended May 6, 2014
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 January 31.
[Sec. 1016. The MEDC, in cooperation with Travel Michigan, shall propose to the senate and house of representatives no later than February 1, 2015 a plan for how Pure Michigan will be funded with incrementally increasing private source matching funds when general fund spending is proposed in a budget. The first increment shall be 50.0% non-restricted and 50.0% private. The private sector match shall increase 5.0% per year thereafter until private funding sources represent 75.0% of non-restricted funding.]
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 date
of the agreement.
Sec. 1034. (1) Each business incubator or accelerator that
received an award pursuant to section 1034 of article VIII of 2012
PA 200 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.
(2) It is the intent of the legislature that any additional
funding awarded for business incubators or accelerators shall be
based on the performance of the program as a whole and the results
of each incubator or accelerator as reported in the dashboard
indicators.
Sec. 1034b. From the funds appropriated in part 1 for
entrepreneurship eco-system, the fund shall allocate $500,000.00 to
the Van Andel Institute to be used as a match for funding received
from the department of defense and the national institutes of
health for advanced medical research.
Sec. 1034c. From the funds appropriated in part 1 for
entrepreneurship eco-system, not less than $500,000.00 shall be
allocated to the Macomb-Oakland University INCubator.
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. 1037. (1) No long-term indebtedness shall be issued by
the fund or funds expended from the appropriations in part 1 for
facility for rare isotope beams debt service until Michigan State
University provides certification to the fund and the state budget
director that all necessary approvals have been secured and federal
funds are available to commence construction of the facility for
rare isotope beams project from the United States department of
energy.
(2) Bond proceeds may only be spent to reimburse costs
incurred by Michigan State University in the construction of the
facility for rare isotope beams project up to an amount not to
exceed $90,960,100.00. All construction costs for the project in
excess of this amount are the responsibility of Michigan State
University. The fund is not responsible for operating costs of the
project facility. Prior to reimbursement, the fund and Michigan
State University shall enter into an agreement providing for the
terms of reimbursement, allowable costs, financial reporting, and
any other requirements necessary to complete the transaction.
(3) The state budget director retains the authority and
fiduciary responsibility normally associated with the maintenance
of the public's financial and policy interests relative to state-
financed construction projects. The state budget director may take
appropriate action to protect the public's financial and policy
interests, including, but not limited to, rescinding subsection (2)
reimbursement payments for construction of the facility for rare
isotope beams project should Michigan State University or the
United States department of energy not provide the necessary
resources to complete the project. The state budget director shall
provide notification to the senate and house appropriations
committees, senate fiscal agency, house fiscal agency, and the fund
within 10 days of exercising the authority under this subsection.
(4) The department of technology, management, and budget may
assist the fund with implementation of this program for purposes of
administrative efficiency.
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
cover the previous fiscal year and provide a status report on
current fiscal year expenditures. 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 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 governments, 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. The fund may receive and expend
revenues related to the skilled trades training program. The funds
shall be available for expenditure upon receipt by the department
of treasury.
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
House Bill No. 5313 (H-1) as amended May 6, 2014
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, and
2013 PA 59, 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. 1043. Not less than 10.0% of the funds appropriated in part 1 for film incentives shall be granted to the west Michigan film office.
Sec. 1044. From the funds appropriated in part 1 for the Michigan heritage restoration program, the fund shall establish a competitive grant program to fund restoration and preservation projects in historically designated neighborhoods throughout the state of Michigan. The program shall have the following characteristics:
(a) The fund shall designate $1,000,000.00 for neighborhood organizations registered as a 501(c)(3) organization that provide preservation or restoration services to projects within historically designated neighborhoods.
(b) Grants shall not exceed $250,000.00 for any project.
(c) Grant funds shall be used solely for historic restoration and preservation purposes.
(d) The fund shall develop detailed guidance for applicants to follow to qualify for a grant under the Michigan heritage restoration program. The detailed guidance shall be posted on the fund website by October 1.
Sec. 1045. From the funds appropriated in part 1 for Pure Michigan, up to $2,000,000.00 shall be allocated for sponsorship or advertising at an annual, nationally televised sporting event located in the state of Michigan.]
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
House Bill No. 5313 (H-1) as amended May 6, 2014
state budget director by March 1.
(4) The fund shall place the reports required in this section
on a publicly available website.
Sec. 1052. (1) No long-term indebtedness shall be issued by
the fund or funds expended from the appropriations for the annual
debt service in part 1 until the Michigan strategic fund board
approves the request for proposals and guidelines for the community
colleges skilled trades equipment program.
(2) Up to $50,000,000 for the community colleges skilled
trades equipment program shall be made available for equipment and
related investments that ensure that Michigan community colleges
can deliver educational programs in high-wage, high-skill and high-
demand occupations, as identified by regional labor market
conditions and that build and retain a talented workforce in
Michigan. Awards shall be made through a competitive process and
will require a cash match. Program awards shall be made by the
Michigan strategic fund board no later than April 1, 2015. Proposal
requirements shall include at least the following:
(a) Description of the equipment to be purchased and a
detailed cost estimate.
(b) A plan that directly addresses demonstrated employer
demand in the prosperity region in which the community college is
located. [A plan that demonstrates collaboration between postsecondary
and school districts or intermediate school districts in the prosperity region in meeting demonstrated employer demand shall receive extra consideration in the competitive process.]
(c) Demonstrated alignment with a prosperity region annual
talent needs plan addressing the needs of Michigan companies.
(d) Demonstration that funded equipment and related
improvements address the identified talent needs and will support
training that provides industry-recognized credentials or degrees
in high-skill, high-demand occupations in the prosperity region.
(e) Source of cash and other cost share that will be provided
as match for the award. The community college shall provide, at a
minimum, 25% of the total project cost in excess of any donated
equipment. Additional cash match may be provided from Michigan
businesses on behalf of the community college but shall not be the
amount paid to students for internships or employment of graduates
from the programs.
(3) Bond proceeds may only be spent to reimburse eligible
costs incurred by Michigan community colleges. Eligible costs
include the costs of equipment, renovations related to installation
of the equipment, installation costs of the equipment, and training
for instructors that will be providing instruction using the
equipment. The fund and the community colleges shall enter into an
agreement providing for the terms of reimbursement, the project
budget, amount of the cash match provided by the community college,
allowable costs, financial reporting, reporting requirements of
annual progress to talent needs plan goals that are due by October
15 each year, and any other requirements necessary to complete the
transaction. Approved award activity shall commence by April 1,
2016 or the award may be terminated by the Michigan strategic fund
board for noncompliance with the award agreement.
(4) All awards shall contain a provision that the fund and the
auditor general have access to the books and records, including
financial records and all other information and data relevant to
the terms of the award, related to the use of the grant funds and
goals included in the award document.
(5) The fund may receive and expend bond proceeds and other
revenues relating to these programs including administrative
expenses that shall not exceed 1% of the awards. The MEDC may
provide administration for these programs.
(6) The state budget director retains the authority and
fiduciary responsibility normally associated with the maintenance
of the public's financial and policy interests relative to state-
financed construction projects. The state budget director may take
appropriate action to protect the public's financial and policy
interests, including, but not limited to, rescinding subsection (2)
reimbursement payments for any award involving construction of a
facility. The state budget director shall provide notification to
the senate and house of representatives standing committees on
appropriations, senate and house fiscal agencies, and the fund
within 10 days of exercising the authority under this subsection.
(7) The department of technology, management, and budget may
assist the fund and the MEDC with implementation of this program
for purposes of administrative efficiency.
(8) The fund shall provide a report to the senate and house of
representatives appropriations general government subcommittees,
senate and house fiscal agencies, and the state budget director
program no later than April 15, 2015 that includes a brief
description of each of the fund awards, the evaluation criteria
used to award funding, and the amount of funding awarded to each
recipient. Annual status reports from the fund and award recipients
will be included in the fund annual report to the legislature as
required in the Michigan strategic fund act, 1984 PA 270, MCL
125.2001 to 125.2094, through substantial completion of the awarded
projects.
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 - eligible youth focusing on entrepreneurship, work-readiness
skills, job shadowing, and financial literacy. Organizations
eligible for funding under this section must have the capacity to
provide similar programs in urban areas, as determined by the
United States bureau of the census according to the most recent
federal decennial census. Additionally, programs eligible for
funding under this section must include the participation of local
business partners. The fund shall develop other appropriate
eligibility requirements to ensure compliance with applicable
federal rules and regulations.
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 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 funds appropriated
under this section.
Sec. 1068. (1) Of the funds appropriated in part 1 for the
workforce training programs, the fund shall provide a report by
February 1 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 period
October 1, 2013 through September 30, 2014.
[Sec. 1069. (1) From the funds appropriated in part 1, the workforce development agency shall administer the Michigan GED-to-school program as provided under this section.
(2) Funds appropriated in part 1 for the Michigan GED-to-school program are appropriated for the purpose of funding the cost of GED testing and certification as provided by this section. The Michigan GED-to-school program shall cover the cost of providing the GED test free of charge to individuals who meet all of the following requirements:
(a) The GED test is taken and passed on or after June 1, 2015.
(b) The individual has not previously been administered a GED test free of charge under this section.
(c) The individual meets at least one of the following requirements:
(i) The individual enrolls in postsecondary academic or vocational coursework at a public Michigan college or university within 2 years after passing the GED test.
(ii) Prior to taking the GED test, the individual successfully completed a WDA-approved GED preparation program.
(3) 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.
(4) By January 1, 2015, 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.
(5) By April 1, 2015, 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) Develop procedures for collecting payment from individuals who received the GED test under this section without charge but who failed to meet the requirements specified by subsection (2).
(c) 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.
(d) 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.
(6) By September 30, 2015, 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 subdivision (2)(a), (2)(b), or both.]
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, 2014. 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 2014-2015
Beginning
Available Estimated Ending
Fund Balance Revenue Balance
OPERATING FUNDS
General fund/general purpose 0110 666.9 9,488.6 41.2
General fund/special purpose 1,154.0 24,305.3 3.2
Special Revenue Funds:
Countercyclical budget and
economic stabilization 0111 505.1 0.8 505.9
Game and fish protection 0112 6.2 84.7 3.1
Michigan employment security act
administration 0113 0.0 18.0 0.0
State aeronautics 0114 2.6 103.4 0.0
Michigan veterans' benefit
trust 0115 3.5 2.6 3.5
State trunkline 0116 0.0 1,865.5 0.0
Michigan state waterways 0117 5.7 26.3 4.7
Blue Water Bridge 0118 0.0 23.5 0.0
Michigan transportation 0119 0.0 1,929.6 0.0
Comprehensive transportation 0120 13.8 329.0 0.0
School aid 0122 0.0 13,740.0 0.0
Game and fish protection trust 0124 0.0 15.7 0.0
State park improvement 0125 2.9 54.0 4.5
Forest development 0126 2.9 32.3 1.3
Michigan natural resources
trust 0129 34.7 31.9 39.4
Michigan state parks endowment 0130 6.8 46.2 5.5
Safety education and training 0131 7.2 10.7 7.7
Bottle deposit 0136 16.5 14.6 7.9
State construction code 0138 2.1 8.2 1.6
Children's trust 0139 0.7 1.1 0.6
State casino gaming 0140 1.0 36.4 0.7
Michigan nongame fish and
wildlife 0143 0.3 0.5 0.3
Michigan merit award trust 0154 53.3 75.5 27.9
Outdoor recreation legacy 0162 0.3 2.6 0.3
Off-road vehicle account 0163 2.6 6.3 2.8
Snowmobile account 0164 5.9 10.0 5.3
Silicosis dust disease
and logging 0870 1.2 1.4 1.2
Utility consumer representation 0893 1.9 1.2 1.4
TOTALS $2,498.1 $52,265.9 $670.0
PART 2A
PROVISIONS CONCERNING ANTICIPATED APPROPRIATIONS
FOR FISCAL YEAR 2015-2016
GENERAL SECTIONS
Sec. 1301. It is the intent of the legislature to provide
appropriations for the fiscal year ending on September 30, 2016 for
the line items listed in part 1. The fiscal year 2015-2016
appropriations are anticipated to be the same as those for fiscal
year 2014-2015, 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 2015 consensus revenue estimating
conference.
Sec. 1302. It is the intent of the legislature that the
department identify the amounts for normal retirement costs and
legacy retirement costs for the fiscal year ending on September 30,
2016 for the line items listed in part 1.
ARTICLE X
DEPARTMENT OF HUMAN SERVICES
PART 1
LINE-ITEM APPROPRIATIONS
House Bill No. 5313 (H-1) as amended May 6, 2014
Sec. 101. There is appropriated for the department of human
services for the fiscal year ending September 30, 2015, from the
following funds:
DEPARTMENT OF HUMAN SERVICES
APPROPRIATION SUMMARY
Full-time equated classified positions....... 11,942.5
Full-time equated unclassified positions.......... 6.0
Total full-time equated positions............ 11,948.5
GROSS APPROPRIATION.................................... $ [5,582,815,900]
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 18,545,900
ADJUSTED GROSS APPROPRIATION........................... $ [5,564,270,000]
Federal revenues:
Social security act, temporary assistance for needy
families............................................. 526,569,500
Social security act, social services block grant....... 126,190,600
Low-income home energy assistance program.............. 188,313,300
Federal supplemental security income................... 8,594,600
Total other federal revenues........................... 3,534,928,300
Special revenue funds:
Total private revenues................................. 18,050,900
Total local revenues................................... 33,762,000
Total other state restricted revenues.................. 126,237,400
State general fund/general purpose..................... $ [1,001,623,400]
Sec. 102. EXECUTIVE OPERATIONS
Total full-time equated positions............... 759.7
Full-time equated unclassified positions.......... 6.0
Full-time equated classified positions.......... 753.7
Unclassified salaries--6.0 FTE positions............... $ 724,600
Salaries and wages--282.7 FTE positions................ 17,266,100
Contractual services, supplies, and materials.......... 13,253,600
Demonstration projects--7.0 FTE positions.............. 6,905,100
Inspector general salaries and wages--141.0 FTE
positions............................................ 8,202,700
Electronic benefit transfer EBT........................ 9,509,000
Michigan community service commission--15.0 FTE
positions............................................ 12,001,900
AFC, children's welfare and day care licensure--237.0
FTE positions........................................ 28,907,100
State office of administrative hearings and rules...... 7,535,900
Workforce development and training--71.0 FTE positions. 10,711,600
GROSS APPROPRIATION.................................... $ 115,017,600
Appropriated from:
Interdepartmental grant revenues:
IDG from department of education....................... 8,222,600
Federal revenues:
Social security act, temporary assistance for needy
families............................................. 12,905,800
Social security act, social services block grant....... 14,568,000
Low-income home energy assistance program.............. 421,700
Total other federal revenues........................... 40,156,300
Special revenue funds:
Total private revenues................................. 3,850,900
Total local revenues................................... 16,400
Total other state restricted revenues.................. 5,400
State general fund/general purpose..................... $ 34,870,500
Sec. 103. CHILD SUPPORT ENFORCEMENT
Full-time equated classified positions.......... 190.7
Child support enforcement operations--184.7 FTE
positions............................................ $ 22,649,000
Legal support contracts................................ 113,464,600
Child support incentive payments....................... 32,409,600
State disbursement unit--6.0 FTE positions............. 11,328,300
GROSS APPROPRIATION.................................... $ 179,851,500
Appropriated from:
Federal revenues:
Total federal revenues................................. 155,602,600
State general fund/general purpose..................... $ 24,248,900
Sec. 104. COMMUNITY ACTION AND ECONOMIC OPPORTUNITY
Full-time equated classified positions........... 16.0
Bureau of community action and economic opportunity
operations--16.0 FTE positions....................... $ 2,068,700
Community services block grant......................... 26,340,000
Weatherization assistance.............................. 16,340,000
GROSS APPROPRIATION.................................... $ 44,748,700
Appropriated from:
Federal revenues:
Social security act, temporary assistance for needy
families............................................. 500
Low-income home energy assistance program.............. 148,300
Total other federal revenues........................... 44,099,900
State general fund/general purpose..................... $ 500,000
Sec. 105. ADULT AND FAMILY SERVICES
Full-time equated classified positions.......... 564.7
Guardian contract...................................... $ 490,200
Adult services policy and administration--8.0 FTE
positions............................................ 925,000
Office of program policy--28.7 FTE positions........... 3,652,900
Michigan rehabilitation services--526.0 FTE positions.. 137,705,200
Independent living..................................... 6,988,600
Employment and training support services............... 4,819,100
Wage employment verification reporting................. 547,300
Nutrition education--2.0 FTE positions................. 30,038,000
Elder law of Michigan MiCAFE contract.................. 175,000
Elder abuse prosecuting attorney....................... 300,000
GROSS APPROPRIATION.................................... $ 185,641,300
Appropriated from:
Interdepartmental grant revenues:
IDG from department of education....................... 13,300
Federal revenues:
Social security act, temporary assistance for needy
families............................................. 4,667,900
Federal supplemental security income................... 8,594,600
Social security act, social services block grant....... 582,800
Low-income home energy assistance program.............. 185,800
Total other federal revenues........................... 137,992,800
Special revenue funds:
Total private revenues................................. 1,946,000
Local vocational rehabilitation match.................. 6,539,100
Second injury fund..................................... 149,400
Rehabilitation service fees............................ 1,442,900
State general fund/general purpose..................... $ 23,526,700
Sec. 106. CHILDREN'S SERVICES
Full-time equated classified positions.......... 116.3
Salaries and wages--53.7 FTE positions................. $ 2,461,900
Contractual services, supplies, and materials.......... 1,129,000
Interstate compact..................................... 179,600
Families first......................................... 16,944,500
Strong families/safe children.......................... 12,350,100
Child protection and permanency--23.0 FTE positions.... 12,892,500
Family reunification program........................... 3,977,100
Family preservation and prevention services
administration--11.0 FTE positions................... 1,426,800
Children's trust fund administration--12.0 FTE
positions............................................ 1,011,800
Children's trust fund grants........................... 2,325,100
Attorney general contract.............................. 4,326,400
Prosecuting attorney contracts......................... 2,561,700
Child protection....................................... 873,900
Domestic violence prevention and treatment--14.6 FTE
positions............................................ 15,730,000
Rape prevention and services--0.5 FTE position......... 5,072,300
Child advocacy centers--0.5 FTE position............... 2,000,000
Child abuse and neglect - children's justice act--1.0
FTE position......................................... 619,000
Family preservation and prevention services programs... 2,500,000
GROSS APPROPRIATION.................................... $ 88,381,700
Appropriated from:
Federal revenues:
Social security act, temporary assistance for needy
families............................................. 43,924,200
Social security act, social services block grant....... 3,192,300
Total other federal revenues........................... 27,844,800
Special revenue funds:
Compulsive gaming prevention fund...................... 1,040,700
Sexual assault victims' prevention and treatment fund.. 3,000,000
Child advocacy centers fund............................ 2,000,000
Children's trust fund.................................. 2,078,000
State general fund/general purpose..................... $ 5,301,700
Sec. 107. CHILD WELFARE SERVICES
Full-time equated classified positions........ 3,947.2
Children's services administration--95.0 FTE positions. $ 6,856,900
Title IV-E compliance and accountability office--4.0
FTE positions........................................ 513,500
Child welfare field staff - caseload compliance--
2,511.0 FTE positions................................ 121,626,500
Child welfare field staff - noncaseload compliance--
330.0 FTE positions.................................. 17,561,000
Education planners--15.0 FTE positions................. 822,200
Peer coaches--56.0 FTE positions....................... 3,427,200
Child welfare first line supervisors--585.0 FTE
positions............................................ 40,493,500
Administrative support workers--243.0 FTE positions.... 10,303,800
Second line supervisors and technical staff--55.0 FTE
positions............................................ 4,346,800
Permanency resource managers--28.5 FTE positions....... 1,736,900
Contractual services, supplies, and materials.......... 8,480,800
Settlement monitor..................................... 1,625,800
Foster care payments................................... 188,406,600
Serious emotional disturbance - waiver program......... 3,351,600
Serious emotional disturbance - nonwaiver program...... 2,999,900
Guardianship assistance program........................ 7,023,700
Child care fund........................................ 185,199,100
Child care fund administration--6.2 FTE positions...... 840,100
Adoption subsidies..................................... 241,126,200
Adoption support services--10.0 FTE positions.......... 28,896,600
Youth in transition--5.5 FTE positions................. 15,053,500
Child welfare medical/psychiatric evaluations.......... 8,835,500
Psychotropic oversight................................. 618,200
Performance based funding implementation--3.0 FTE
positions............................................ 1,272,100
GROSS APPROPRIATION.................................... $ 901,418,000
Appropriated from:
Interdepartmental grant revenues:
IDG from department of education....................... 140,200
Federal revenues:
Social security act, temporary assistance for needy
families............................................. 212,312,300
Social security act, social services block grant....... 48,929,700
Low-income home energy assistance program.............. 327,900
Total other federal revenues........................... 246,639,000
Special revenue funds:
Private - collections.................................. 3,149,900
Local funds - county chargeback........................ 14,892,200
State general fund/general purpose..................... $ 375,026,800
Sec. 108. JUVENILE JUSTICE SERVICES
Full-time equated classified positions.......... 113.0
W.J. Maxey training school - closed site costs......... $ 1,000,000
Bay pines center--42.0 FTE positions................... 4,836,500
Shawono center--42.0 FTE positions..................... 4,920,900
County juvenile officers............................... 3,904,300
Community support services--3.0 FTE positions.......... 2,098,500
Juvenile justice administration and maintenance--23.0
FTE positions........................................ 3,951,500
Juvenile accountability block grant--0.5 FTE position.. 1,281,300
Committee on juvenile justice administration--2.5 FTE
positions............................................ 343,900
Committee on juvenile justice grants................... 3,000,000
In-home community care................................. 1,000,000
GROSS APPROPRIATION.................................... $ 26,336,900
Appropriated from:
Federal revenues:
Total federal revenues................................. 5,548,700
Special revenue funds:
Local funds - state share education funds.............. 1,316,400
Local funds - county chargeback........................ 4,414,400
State general fund/general purpose..................... $ 15,057,400
Sec. 109. LOCAL OFFICE STAFF AND OPERATIONS
Full-time equated classified positions........ 5,681.5
Field staff, salaries and wages--5,385.5 FTE positions. $ 286,761,700
Contractual services, supplies, and materials.......... 17,386,300
Healthy Michigan plan administration................... 20,250,000
Medical/psychiatric evaluations........................ 1,420,100
Donated funds positions--288.0 FTE positions........... 33,260,800
Volunteer services and reimbursement................... 1,142,400
SSI advocates--8.0 FTE positions....................... 797,400
GROSS APPROPRIATION.................................... $ 361,018,700
Appropriated from:
Interdepartmental grant revenues:
IDG from department of corrections..................... 100,000
IDG from department of education....................... 4,654,100
Federal revenues:
Social security act, temporary assistance for needy
families............................................. 63,694,800
Social security act, social services block grant....... 12,864,800
Low-income home energy assistance program.............. 5,494,700
Total other federal revenues........................... 121,218,400
Special revenue funds:
Local funds............................................ 6,583,500
Private funds - donated funds.......................... 9,104,100
Supplemental security income recoveries................ 797,400
State general fund/general purpose..................... $ 136,506,900
Sec. 110. DISABILITY DETERMINATION SERVICES
Full-time equated classified positions.......... 571.4
Disability determination operations--545.9 FTE
positions............................................ $ 107,317,100
Medical consultation program--21.4 FTE positions....... 2,509,200
Retirement disability determination--4.1 FTE positions. 506,100
GROSS APPROPRIATION.................................... $ 110,332,400
Appropriated from:
Interdepartmental grant revenues:
IDG from DTMB - office of retirement services.......... 679,400
Federal revenues:
Total federal revenues................................. 105,988,900
State general fund/general purpose..................... $ 3,664,100
Sec. 111. CENTRAL SUPPORT ACCOUNTS
Rent................................................... $ 42,000,000
Occupancy charge....................................... 10,582,400
Travel................................................. 8,288,000
Equipment.............................................. 62,600
Worker's compensation.................................. 2,497,600
Payroll taxes and fringe benefits...................... 426,270,200
GROSS APPROPRIATION.................................... $ 489,700,800
Appropriated from:
Interdepartmental grant revenues:
IDG from department of education....................... 3,601,500
Federal revenues:
Social security act, temporary assistance for needy
families............................................. 114,833,100
Social security act, social services block grant....... 40,805,100
Low-income home energy assistance program.............. 5,399,900
Total other federal revenues........................... 149,969,400
State general fund/general purpose..................... $ 175,091,800
Sec. 112. PUBLIC ASSISTANCE
Full-time equated classified positions............ 8.0
Family independence program............................ $ 151,562,600
State disability assistance payments................... 17,894,400
Food assistance program benefits....................... 2,388,475,200
State supplementation.................................. 64,137,200
State supplementation administration................... 2,381,100
Low-income home energy assistance program - home
heating credit....................................... 84,742,800
Low-income home energy assistance program - crisis
assistance........................................... 80,208,800
Michigan energy assistance program--1.0 FTE position... 60,000,000
Before- or after-school program........................ 3,000,000
Food bank funding...................................... 1,795,000
Homeless programs...................................... 15,721,900
Chaldean community foundation.......................... 1,000,000
Multicultural integration funding...................... 2,015,500
Indigent burial........................................ 4,300,000
Emergency services local office allocations............ 13,608,500
Refugee assistance program--7.0 FTE positions.......... 27,969,000
GROSS APPROPRIATION.................................... $ 2,918,812,000
Appropriated from:
Federal revenues:
Social security act, temporary assistance for needy
families............................................. 57,886,700
Social security act, social services block grant....... 458,500
Low-income home energy assistance program.............. 174,951,600
Total other federal revenues........................... 2,413,118,100
Special revenue funds:
Child support collections.............................. 17,996,000
Low-income energy assistance fund...................... 50,000,000
Supplemental security income recoveries................ 10,617,600
Merit award trust fund................................. 30,100,000
Public assistance recoupment revenue................... 7,010,000
State general fund/general purpose..................... $ 156,673,500
Sec. 113. INFORMATION TECHNOLOGY
Information technology services and projects........... $ 120,331,400
Child support automation............................... 42,146,800
GROSS APPROPRIATION.................................... $ 162,478,200
Appropriated from:
Interdepartmental grant revenues:
IDG from department of education....................... 1,134,800
Federal revenues:
Social security act, temporary assistance for needy
families............................................. 16,344,200
Social security act, social services block grant....... 4,789,400
Low-income home energy assistance program.............. 1,383,400
Total other federal revenues........................... 86,261,800
State general fund/general purpose..................... $ 52,564,600
House Bill No. 5313 (H-1) as amended May 6, 2014
Sec. 114. ONE-TIME BASIS ONLY
Full-time equated classified positions........... 10.0
Michigan rehabilitation services....................... $ 100
[Catholic charities center for hope project............. 100]
Office of inspector general--10.0 FTE positions........ 1,219,000
Performance-based funding implementation............... 100,000
Private child welfare information technology services
and projects......................................... 300,000
GROSS APPROPRIATION.................................... $ [1,619,200]
Appropriated from:
Federal revenues:
Total other federal revenues........................... 487,600
State general fund/general purpose..................... $ [1,131,600]
Sec. 115. BUDGETARY SAVINGS
Full-time equated classified positions......... (30.0)
Staffing reductions--(30.0) FTE positions.............. $ (2,541,100)
GROSS APPROPRIATION.................................... $ (2,541,100)
Appropriated from:
State general fund/general purpose..................... $ (2,541,100)
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
FOR FISCAL YEAR 2014-2015
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 2014-2015 is [$1,127,860,800.00] and
state spending from state resources to be paid to local units of
government for fiscal year 2014-2015 is $100,336,000.00. The
itemized statement below identifies appropriations from which
spending to local units of government will occur:
DEPARTMENT OF HUMAN SERVICES
Child care fund........................................ $ 95,930,000
County juvenile officers............................... 3,656,500
State disability assistance payments................... 726,700
Family independence program............................ 22,800
TOTAL.................................................. $ 100,336,000
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) "AFC" means adult foster care.
(b) "Current fiscal year" means the fiscal year ending
September 30, 2015.
(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) "Previous fiscal year" means the fiscal year ending
September 30, 2014.
(i) "Settlement" means the settlement agreement entered in the
House Bill No. 5313 (H-1) as amended May 6, 2014
case of Dwayne B. v Snyder, docket no. 2:06-cv-13548 in the United
States district court for the eastern district of Michigan.
(j) "SSI" means supplemental security income.
(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 increase for which funds are appropriated in part 1, the department shall report the following to the house and senate appropriations committees, the house and senate fiscal agencies, and the state budget director:
(a) By November 1, 2014, a list of specific benchmarks intended to measure the performance or return on taxpayer investment of the program and its associated expenditures.
(b) By March 1, 2015, an update on the progress of the program and the status of expenditures for the program as measured by those benchmarks.
(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 spending increase on existing programs initiated by the executive branch or the legislature shall include, as part of the original proposal or budget request, a specific 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 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. 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 bimonthly 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 part 1 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 house
and senate appropriations committees, 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 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. 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. (1) 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.
(2) The department shall provide a report on the amount of
each revenue stream to be carried forward, as well as the
cumulative amount, for the closing fiscal year by October 30 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. 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. 226. The department shall not approve any contract for
new services, programs, or concepts in excess of $1,000,000.00
unless both of the following requirements have been met:
(a) The department has issued and received a request for
information (RFI) or a request for qualification (RFQ) before
issuing a request for proposal for the contract. The request for
information or request for qualification will enable the department
to learn more about the market for the products or services that
are the subject of the future request for proposal.
(b) The department has provided the legislature with the
results of the request for information or request for qualification
and posted a summary of the results of the request for information
or request for qualification on the department's webpage.
Sec. 231. (1) From the funds appropriated in part 1 for
Michigan community services commission, the department shall
allocate not less than $350,000.00 to the Michigan reading corps to
provide literacy services and tutors for students in grades K-3 who
are identified as being at risk of reading failure at elementary
schools throughout the state.
(2) The department 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, and house and senate policy offices on outcomes and
performance measures of the Michigan reading corps.
Sec. 232. (1) The department shall work with the department of
technology, management, and budget to establish an automated annual
metric collection, validation, and reporting process for contracts
via the state's e-procurement system.
(2) By June 30 of the current fiscal year, the department
shall provide a report to the house and senate appropriations
subcommittees on the department budget and the house and senate
fiscal agencies that presents performance metrics on all new and
existing contracts at renewal of $1,000,000.00 or more funded 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. 233. From the funds appropriated in part 1 for Healthy
Michigan plan administration, 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. By October 1, 2014, the
department shall provide the state budget office and the house and
senate fiscal agencies with the relevant accounting structure and
associated business objects script and report that groups
administrative costs.
Sec. 240. The department shall notify the house and senate
appropriations committees and the house and senate fiscal agencies
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. 251. 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. 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 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, 2014 and September 30, 2015.
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 on the day the
governor submits to the legislature the budget for the ensuing
fiscal year a report on spending and revenue projections for each
of the capped federal funds listed below. The report shall contain
actual spending and revenue in the previous fiscal year, spending
and revenue projections for the current fiscal year as enacted, and
spending and revenue projections within the executive budget
proposal for the fiscal year beginning October 1, 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. 275. (1) The negative appropriation in the staffing
reductions line in part 1 shall be offset only through FTE
reductions to achieve a worker to supervisor ratio of not less than
7 to 1 for nonchild welfare field staff. The line item shall not be
offset through cuts to programs, benefits, caseload savings, or
policy changes.
(2) The department shall provide monthly reports on the
savings realized under subsection (1) 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.
(3) The staffing reductions line shall achieve a zero balance
by the close of the current fiscal year.
(4) Funds to offset the staffing reductions line shall be made
available through the legislative transfer process provided by
section 393(2) of the management and budget act, 1984 PA 431, MCL
18.1393.
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 and the senate and house fiscal agencies and
policy offices 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. 291. (1) The department shall verify, using the e-verify
system, that all new department employees, and new hire employees
of contractors and subcontractors paid from funds appropriated in
part 1, are legally present 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.
(2) By February 15 of the current fiscal year, the department
shall submit to the house and senate appropriations subcommittees
on the department budget, the house and senate fiscal agencies, and
the house and senate policy offices a report on the number of new
department employees and new hire employees of contractors and
subcontractors that were found to not be legally present in the
United States.
Sec. 295. If the department fails to provide to the
legislature reports and other data required by this part or other
statute within 30 days after the date the information is due, the
state money appropriated in part 1 for salaries and wages
responsible for preparing and submitting the report shall be
reduced by $150,000.00.
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, 2015 are $283,394,300.00. From this amount, total agency
appropriations for pension-related legacy costs are estimated at
$159,146,200.00. Total agency appropriations for retiree health
care legacy costs are estimated at $124,248,100.00.
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 agency's performance.
EXECUTIVE OPERATIONS
Sec. 307. (1) From the funds appropriated in part 1 for
demonstration projects, $500,000.00 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
House Bill No. 5313 (H-1) as amended May 6, 2014
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.]
ADULT AND FAMILY SERVICES
Sec. 401. All funds appropriated in part 1 for independent
living shall be used to support centers for independent living in
compliance with federal rules and regulations for those centers, by
existing centers for independent living to serve underserved areas,
and for projects to build 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.
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. (1) It is the intent of the legislature that the
funds appropriated in part 1 for Michigan rehabilitation services,
and any future funds appropriated for that purpose, shall not be
spent unless Michigan rehabilitation services addresses, works to
remedy, and accounts for the deficiencies found in Michigan
rehabilitation services as detailed in the most recent auditor
general report of Michigan rehabilitation services.
(2) 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
Michigan rehabilitation services that 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.
Sec. 404. (1) From the funds appropriated in part 1 for
independent living, the department shall allocate $1,500,000.00 to
Michigan's centers for independent living to continue to pilot
guide services to develop accessible, comprehensive, and integrated
services for persons with disabilities. The pilot guide services
shall also assist persons with disabilities and their families in
navigating state systems when accessing public assistance to become
financially self-sufficient.
(2) The Michigan centers for independent living shall provide
a report by December 1 of the current fiscal year to the house and
senate appropriations subcommittees on the department budget, the
house and senate fiscal agencies, and the house and senate policy
offices on outcomes and performance measures of the guide services.
Sec. 410. From the funds appropriated in part 1 for guardian
contract, the department shall provide the contract recipients the
flexibility to set rates, but the rates shall not be less than
$45.00.
Sec. 420. (1) From the funds appropriated in part 1, the
department shall contract with the prosecuting attorneys
association of Michigan for 2 elder abuse resource prosecuting
attorneys positions to provide the support and services necessary
to increase the capability of the state's prosecutors, adult
protective service system, and criminal justice system to
effectively identify, investigate, and prosecute elder abuse and
financial exploitation.
(2) By March 1 of the current fiscal year, the prosecuting
attorneys association 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 $175,000.00 to the elder law of Michigan MiCAFE to assist this
state's elderly population to participate in the food assistance
program. The funds may be used as state matching funds to acquire
available United States department of agriculture funding to
provide outreach program activities, such as eligibility screen and
information services, as part of a statewide food stamp hotline.
Sec. 424. The department may contract with a competitively
selected contractor whose service area includes region 2 of the
prosperity regions identified and defined by the department of
technology, management, and budget. The competitively selected
contractor shall be a nonprofit organized and operated exclusively
for the tax-exempt purposes set forth in section 501(c)(3) of the
United States internal revenue code. Allocated funds shall only be
used to defray the operational and capital costs for the workers on
wheels program. By January 1 of the current fiscal year, the
selected contractor shall provide a report on the number of
households served, impact of the recipient's household income,
employment status of the recipient, and the number of vehicles
awarded through purchase and donation to the house and senate
appropriations subcommittees on the department budget, the house
and senate fiscal agencies, and the house and senate policy
offices.
Sec. 425. (1) From the funds appropriated in part 1, the
department shall provide individuals not more than $500.00 for
vehicle repairs, including any repairs done in the previous 12
months. However, the department may in its discretion pay for
repairs up to $900.00. Payments under this section shall include
the combined total of payments made by the department and work
participation program.
(2) By November 30 of the current fiscal year, the department
shall provide to the senate and house appropriations subcommittees
on the department budget, the senate and house fiscal agencies, and
the senate and house policy offices a report detailing the total
number of payments for repairs, the number of payments for repairs
that exceeded $500.00, the number of payments for repairs that cost
exactly $500.00, and the number of payments for repairs that cost
exactly $900.00 in the previous fiscal year.
CHILDREN'S SERVICES
Sec. 501. A goal is established that not more than 25% 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. During
the annual budget presentation, the department shall provide a
report describing the steps that will be taken to achieve the
specific goal established in this section.
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. By March 1 of the current fiscal year, the
department shall provide a report on the implementation of the
performance-based funding workgroup recommendation 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 and the senate
and house fiscal agencies and policy offices 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. 506. The department shall submit a report by February 15
of the current fiscal year on the number of foster children under
department supervision who did not receive Medicaid coverage and
the number of foster children under department supervision that
experienced a break in Medicaid coverage during the previous fiscal
year to the house and senate appropriations subcommittees on the
department budget, the house and senate fiscal agencies, and the
house and senate policy offices.
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 quarterly reports 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.
(4) The department shall submit an annual report by February
15 of the current fiscal year on per diem costs of each residential
care provider that has an established state rate and is located or
doing business in this state.
(5) It is the intent of the legislature that the department
shall work in conjunction with the courts and the state court
administrative office to identify data needed to calculate
statewide recidivism rates for adjudicated youth placed in either
residential secure or nonsecure facilities, defined at 6 months
after a youth is released from placement.
(6) By March 1 of the current fiscal year, the department
shall notify the legislature on the status of efforts to accomplish
the intent of subsection (5).
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 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 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 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 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. The department shall restrict the implementation of
child welfare performance-based funding to only those regions as
designated in the phased implementation timeline for the current
fiscal year based on the workgroup findings described in section
503 of article X of 2013 PA 59.
Sec. 519. The department shall permit any private agency that
has an existing contract with this state to provide foster care
services to be also eligible to provide treatment foster care
services.
Sec. 520. The department shall post a request for information
for a contract for foster family group homes by December 31 of the
current fiscal year.
Sec. 522. (1) From the funds appropriated in part 1 for youth
in transition programs, 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, and the senate and house policy offices. 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) If money becomes available 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 4 years for child placing agencies and child caring
institutions that are nationally accredited and have no outstanding
violations to better align with accreditation requirements.
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. 537. The department, in collaboration with child placing
agencies, shall develop a strategy to implement section 115o of the
social welfare act, 1939 PA 280, MCL 400.115o. The strategy shall
include a requirement that a department caseworker responsible for
preparing a recommendation to a court concerning a juvenile
placement shall provide, as part of the recommendation, information
regarding the requirements of section 115o of the social welfare
act, 1939 PA 280, MCL 400.115o.
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 reinstate the specialized independent living services
administrative rate to levels that were in place for the fiscal
year ending September 30, 2011.
(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 a 2.14% increase to private providers of residential
services, 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 rate provided in this section.
Sec. 556. No later than February 1 for the previous fiscal
year, the department shall provide an annual report to the
subcommittees of the senate and house appropriations committees on
the department budget with the number of complaints filed by
adoptive parents who were not notified that their adopted child had
special needs.
Sec. 558. The department shall comply with section 115g of the
social welfare act, 1939 PA 280, MCL 400.115g, that prohibits using
income of the adoptive parent or parents to determine eligibility
for the adoption support subsidy.
Sec. 559. From the funds appropriated in part 1 for adoption
support services, the department shall allocate $1,000,000.00 to an
adoptive nonprofit agency that utilizes adoptive parent mentors to
support contracts to provide a listening ear, knowledgeable
guidance, and community connections to adoptive parents and
children who were adopted in Michigan or another state.
Sec. 560. The department shall ensure that the implementation
of performance-based funding does not financially harm community
mental health services providers located within the implementation
region.
Sec. 561. The department shall privatize all foster care and
adoption services, except for child protective services, within
Kent County by October 31, 2014. The department shall notify the
chairs of the house and senate appropriations subcommittee on the
department budget once all cases are transferred. The department
shall also integrate and phase in performance-based funding once
implemented as outlined in the workgroup findings as described in
section 503 of article X of 2013 PA 59.
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. 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. The maximum
reimbursement an agency shall receive is $2,300.00 for a
facilitated license, if completed within 180 days of a child's
placement or if a waiver was previously approved, 180 days from the
application date.
(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, and the senate
and house fiscal agencies and policy offices 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. From the funds appropriated in part 1 to in-home
community care programs, $1,000,000.00 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. 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. 603. The department shall conduct a workgroup in
conjunction with the department of community health and members
from both the senate and house of representatives to determine how
the state can maximize Medicaid claims 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 the department budget, the senate
and house fiscal agencies, the senate and house policy offices, and
the state budget office by March 1, 2015 on the findings of 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. 612. The department shall implement an asset test as part
of the eligibility determination for applicants and existing
recipients of the refugee assistance program medical benefits.
Sec. 613. The department shall provide reimbursements for the
final disposition of indigent persons. The reimbursement for the
final disposition shall be $700.00 for each eligible deceased. 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 account for religious preferences that prohibit cremation.
Total indigent burial expenditures shall not be more than the funds
appropriated in part 1 for indigent burial.
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 60 days after all information
to make the determination is received from the applicant 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) Not later than October 1 of the current fiscal year, the
department shall provide a report to the senate and house
appropriations subcommittees on the department budget, the senate
and house 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 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. 626. By August 1 of the current fiscal year, the
department shall provide the department of community health with
travel data relating to nonemergency medical services
transportation, including, but not limited to, methods of travel,
number of people served, travel distances, number of trips, and
costs of trips.
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. 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. 656. (1) The department shall allocate $3,000,000.00 for
the operation of a statewide before- or after-school program
targeted to children in kindergarten through ninth grade. Eligible
programs must serve geographic areas near school buildings that do
not meet federal no child left behind annual yearly progress (AYP)
requirements and that include the before- or after-school programs
in the AYP plans as a means to improve outcomes and serve children
living in households with income below 200% of the federal poverty
guidelines as established by the United States department of health
and human services.
(2) The department shall have contract bids out by January 1,
2015, and the before- or after-school programs shall be operational
before the start of the 2015-2016 school year.
Sec. 657. The department shall notify persons eligible for
extended family independence program benefits under section 57s of
the social welfare act, 1939 PA 280, MCL 400.57s, that receiving
extended family independence program benefits will count toward the
federal and state lifetime limits. This notification shall be
included in both the public assistance application and the letter
or form that notifies a person of eligibility for extended family
independence program benefits.
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 $2,880,000.00 for the
annual clothing allowance. The allowance shall be granted to all
eligible children in a family independence program group ages 4
through 18.
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. 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.
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 $250,000.00 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 closed.
(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 partnership
accountability training hope.
(b) The number of new applicants who did not meet the
requirements of the 21-day assessment period for partnership
accountability training hope.
(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. From the funds appropriated in part 1 for
multicultural integration funding, the department shall allocate
$500,000.00 to the Jewish federation of metropolitan Detroit. Funds
appropriated shall be used to assist low-income individuals achieve
self-sufficiency.
Sec. 696. From the funds appropriated in part 1, the
department shall allocate $1,000,000.00 to the Chaldean community
foundation. This money shall be utilized to provide translation
services, health care services, youth tutoring and mentoring
programs, and refugee resettlement services.
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.
Sec. 722. The department shall ensure that staff employed at
the state juvenile justice facility closed in the current fiscal
year are given priority for staff positions that they are qualified
to fulfill.
Sec. 723. The department, in conjunction with the department
of technology, management, and budget, may repurpose the W.J. Maxey
Training School for another purpose.
LOCAL OFFICE SERVICES
Sec. 750. 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.
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).
INFORMATION TECHNOLOGY
Sec. 1001. The number of computers used by staff and receiving
technical support from the department of technology, management,
and budget shall not exceed the number of authorized FTEs for the
department. By March 1 of the current fiscal year, the department
shall provide a report to the house and senate appropriations
subcommittees on human services and the house and senate fiscal
agencies and policy offices on the number of devices that require a
monthly charge to the department of technology, management, and
budget, the number of owned devices, and the number of leased
devices.
COMMUNITY ACTION AND ECONOMIC OPPORTUNITY
Sec. 1105. The department shall report to the house and senate
appropriations subcommittees on the department budget, the house
and senate fiscal agencies, the house and senate policy offices,
and the state budget office by February 15 of the current fiscal
year on the number of homes, the approximate value of each home,
whether the home is a single-family or multifamily home, and the
square footage of each home weatherized through the appropriations
in section 104 during the preceding quarter of the calendar year.
The report shall also include the percentage of homes weatherized
during the preceding quarter of the calendar year that were renter-
occupied.
Sec. 1106. (1) From the funds appropriated in part 1, the
department shall allocate $500,000.00 to the northeast Michigan
community services agency, a nonprofit corporation organized under
the laws of this state, to support an expansion for programming for
K-12 students at risk for academic failure throughout the northeast
region of the state through its school success partnership program.
(2) The northeast Michigan community services agency 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, and the house and senate
policy offices on the following outcomes and performance measures:
(a) How many truant children were identified and returned to
the classroom.
(b) Whether the grades of the children improved and the degree
to which they improved.
(c) Whether under the program the parent or caregiver
increased his or her involvement in the child's education and to
what degree.
ONE-TIME BASIS ONLY
Sec. 1201. From the funds appropriated in part 1 for
performance-based funding implementation, the department shall
allocate $100,000.00 to the county of Kent to allow the Kent County
private steering consortia to contract for an independent project
manager who would provide guidance and technical assistance. The
independent project manager shall report directly to the Kent
County private steering consortia.
Sec. 1202. From the funds appropriated in part 1, the
department shall allocate $300,000.00 to assist private child
welfare service providers meet the implementation requirements of
the statewide automated child welfare information system.
PART 2A
PROVISIONS CONCERNING ANTICIPATED APPROPRIATIONS
FOR FISCAL YEAR 2015-2016
GENERAL SECTIONS
Sec. 1301. It is the intent of the legislature to provide
appropriations for the fiscal year ending on September 30, 2016 for
the line items listed in part 1. The fiscal year 2015-2016
appropriations are anticipated to be the same as those for fiscal
year 2014-2015, 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 2015 consensus revenue estimating
conference.
ARTICLE XI
DEPARTMENT OF INSURANCE AND FINANCIAL SERVICES
PART 1
LINE-ITEM APPROPRIATIONS
Sec. 101. The amounts listed in this part are appropriated for
the department of insurance and financial services, subject to the
conditions set forth in part 2, for the fiscal year ending
September 30, 2015, from the funds identified in this part. The
following is a summary of the appropriations in this part:
DEPARTMENT OF INSURANCE AND FINANCIAL SERVICES
APPROPRIATION SUMMARY
Full-time equated unclassified positions.......... 6.0
Full-time equated classified positions.......... 337.0
GROSS APPROPRIATION.................................... $ 65,134,700
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 707,600
ADJUSTED GROSS APPROPRIATION........................... $ 64,427,100
Federal revenues:
Total federal revenues................................. 2,000,000
Special revenue funds:
Total other state restricted revenues.................. 62,427,100
State general fund/general purpose..................... $ 0
Sec. 102. DEPARTMENT SERVICES
Full-time equated unclassified positions.......... 6.0
Full-time equated classified positions........... 41.0
Unclassified salaries--6.0 FTE positions............... $ 717,500
Executive director programs--4.0 FTE positions......... 956,200
Department services--37.0 FTE positions................ 8,241,900
Property management.................................... 628,100
Rent................................................... 258,800
Worker's compensation.................................. 6,200
Administrative hearings................................ 182,500
GROSS APPROPRIATION.................................... $ 10,991,200
Appropriated from:
Special revenue funds:
Bank fees.............................................. 1,424,000
Consumer finance fees.................................. 637,200
Credit union fees...................................... 1,168,000
Deferred presentment service transaction fees.......... 502,700
Insurance bureau fund.................................. 3,583,800
Insurance continuing education fees.................... 224,000
Insurance licensing and regulation fees................ 2,754,900
MBLSLA fund............................................ 696,600
State general fund/general purpose..................... $ 0
Sec. 103. INSURANCE AND FINANCIAL SERVICES
REGULATION
Full-time equated classified positions.......... 296.0
Insurance evaluation--54.0 FTE positions............... $ 13,249,700
Insurance rates and forms--30.0 FTE positions.......... 5,354,600
Financial institutions evaluation--131.0 FTE positions. 18,869,800
Regulatory compliance, market conduct, and licensing--
58.0 FTE positions................................... 10,355,900
Consumer services and protection--23.0 FTE positions... 4,045,800
GROSS APPROPRIATION.................................... $ 51,875,800
Appropriated from:
Interdepartmental grant revenues:
IDG - LARA, for debt management........................ 707,600
Federal revenues:
Federal revenues....................................... 2,000,000
Special revenue funds:
Bank fees.............................................. 6,754,700
Captive insurance regulatory and supervision fund...... 279,400
Consumer finance fees.................................. 4,149,500
Credit union fees...................................... 6,296,300
Deferred presentment service transaction fees.......... 2,553,500
Insurance bureau fund.................................. 19,122,900
Insurance continuing education fees.................... 890,800
Insurance licensing and regulation fees................ 4,892,800
MBLSLA fund............................................ 4,147,600
Multiple employer welfare arrangement.................. 80,700
State general fund/general purpose..................... $ 0
Sec. 104. INFORMATION TECHNOLOGY
Information technology services and projects........... $ 2,267,700
GROSS APPROPRIATION.................................... $ 2,267,700
Appropriated from:
Special revenue funds:
Bank fees.............................................. 255,700
Consumer finance fees.................................. 35,600
Credit union fees...................................... 253,300
Deferred presentment service transaction fees.......... 114,900
Insurance bureau fund.................................. 734,100
Insurance continuing education fees.................... 11,400
Insurance licensing and regulation fees................ 757,900
MBLSLA fund............................................ 104,800
State general fund/general purpose..................... $ 0
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
FOR FISCAL YEAR 2014-2015
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 2014-2015 is $62,427,100.00 and state
spending from state resources to be paid to local units of
government for fiscal year 2014-2015 is $0.00.
Sec. 202. The appropriations authorized under this part and
House Bill No. 5313 (H-1) as amended May 6, 2014
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 Michigan house fiscal agency and
Michigan senate fiscal agency.
(d) "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 increase for which funds are appropriated in part 1, the department shall report the following to the house and senate appropriations committees, the house and senate fiscal agencies, and the state budget director:
(a) By November 1, 2014, a list of specific benchmarks intended to measure the performance or return on taxpayer investment of the program and its associated expenditures.
(b) By March 1, 2015, an update on the progress of the program and the status of expenditures for the program as measured by those benchmarks.
(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 spending increase on existing programs initiated by the executive branch or the legislature shall include, as part of the original proposal or budget request, a specific 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 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 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 house and senate appropriations committees, the
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 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 fiscal years ending September 30, 2014 and
September 30, 2015.
Sec. 235. Total authorized appropriations from all sources
under this part and part 1 for legacy costs for the fiscal year
ending September 30, 2015 is $10,148,200.00. From this amount,
total agency appropriations for pension-related legacy costs are
estimated at $5,627,200.00. Total agency appropriations for retiree
health care legacy costs are estimated at $4,521,000.00.
Sec. 240. (1) It is the intent of the legislature that
departments and agencies receiving appropriations in this part and
part 1 properly account for their spending and do not use full-time
equated positions as placeholders for spending in other parts of
their budgets.
(2) No later than February 1, the department shall provide a
report to the legislature specifying the number of filled, full-
time equated positions in pay status within each agency receiving
appropriations in this part and part 1 during the immediately
preceding fiscal year. When reporting on the number of filled,
full-time equated positions in pay status, the department shall
provide the maximum number of filled, full-time equated positions
in pay status by appropriation line item in the last pay period of
each quarter of the immediately preceding fiscal year. The report
shall also include a list of all funded, full-time equated
positions by position title.
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. By October 1, 2014, the department
shall provide the state budget office and the fiscal agencies with
the relevant accounting structure and associated business objects
script and report that groups administrative costs.
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 plan for ongoing and future 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. 341. The department shall not promulgate or adopt a rule
more stringent than the applicable federal standard unless
specifically authorized by statute.
Sec. 391. In addition to the funds appropriated in part 1, the
funds collected by the department in connection with a
conservatorship pursuant to 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 pursuant to 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, the department shall produce a report
that contains all of the following information on the autism
coverage reimbursement program for the fiscal year:
(a) The number of reimbursements for diagnosis or treatment in
each county.
(b) The average cost of a diagnosis reimbursement.
(c) The average cost of a treatment reimbursement.
(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.
PART 2A
PROVISIONS CONCERNING ANTICIPATED APPROPRIATIONS
FOR FISCAL YEAR 2015-2016
GENERAL SECTIONS
Sec. 1201. It is the intent of the legislature to provide
appropriations for the fiscal year ending on September 30, 2016 for
the line items listed in part 1. The fiscal year 2015-2016
appropriations are anticipated to be the same as those for fiscal
year 2014-2015, 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 2015 consensus revenue estimating
conference.
Sec. 1202. It is the intent of the legislature that the
department identify the amounts for normal retirement costs and
legacy retirement costs for the fiscal year ending on September 30,
2016 for the line items listed in part 1.
ARTICLE XII
JUDICIARY
PART 1
LINE-ITEM APPROPRIATIONS
Sec. 101. There is appropriated for the judiciary for the
fiscal year ending September 30, 2015, from the following funds:
JUDICIARY
APPROPRIATION SUMMARY
Full-time equated exempted positions............ 489.0
GROSS APPROPRIATION.................................... $ 289,483,100
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 2,364,400
ADJUSTED GROSS APPROPRIATION........................... $ 287,118,700
Federal revenues:
Total federal revenues................................. 6,437,400
Special revenue funds:
Total local revenues................................... 7,241,100
Total private revenues................................. 944,800
Total other state restricted revenues.................. 84,252,500
State general fund/general purpose..................... $ 188,242,900
Sec. 102. SUPREME COURT
Full-time equated exempted positions............ 247.0
Supreme court administration--92.0 FTE positions....... $ 13,371,800
Judicial institute--13.0 FTE positions................. 2,166,300
State court administrative office--62.0 FTE positions.. 11,998,900
Judicial information systems--22.0 FTE positions....... 3,072,200
Direct trial court automation support--44.0 FTE
positions............................................ 7,241,100
Foster care review board--10.0 FTE positions........... 1,290,800
Community dispute resolution--3.0 FTE positions........ 2,368,400
Other federal grants................................... 275,100
Drug treatment courts.................................. 10,958,000
Mental health courts and diversion services--1.0 FTE
position............................................. 5,834,800
Veterans courts........................................ 500,000
Community court pilot project.......................... 20,000
Swift and sure sanctions program....................... 6,000,000
Next generation Michigan court system.................. 4,125,000
GROSS APPROPRIATION.................................... $ 69,222,400
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. 339,700
Federal revenues:
DOJ, victims assistance programs....................... 56,500
DOJ, drug court training and evaluation................ 300,000
DOT, national highway traffic safety administration.... 2,204,300
HHS, access and visitation grant....................... 613,500
HHS, children's justice grant.......................... 229,900
HHS, court improvement project......................... 1,293,300
HHS, title IV-D child support program.................. 1,012,000
HHS, title IV-E foster care program.................... 387,300
Other federal grant revenues........................... 275,100
Special revenue funds:
Local - user fees...................................... 7,241,100
Private................................................ 188,500
Private - interest on lawyers trust accounts........... 259,200
Private - state justice institute...................... 414,300
Community dispute resolution fund...................... 2,368,400
Court of appeals filing/motion fees.................... 1,641,800
Law exam fees.......................................... 641,100
Drug court fund........................................ 1,920,500
Miscellaneous revenue.................................. 271,300
Justice system fund.................................... 568,100
State court fund....................................... 378,000
State general fund/general purpose..................... $ 45,068,500
Sec. 103. COURT OF APPEALS
Full-time equated exempted positions............ 175.0
Court of appeals operations--175.0 FTE positions....... $ 22,708,200
GROSS APPROPRIATION.................................... $ 22,708,200
Appropriated from:
State general fund/general purpose..................... $ 22,708,200
Sec. 104. BRANCHWIDE APPROPRIATIONS
Full-time equated exempted positions.............. 4.0
Branchwide appropriations--4.0 FTE positions........... $ 8,772,700
GROSS APPROPRIATION.................................... $ 8,772,700
Appropriated from:
State general fund/general purpose..................... $ 8,772,700
Sec. 105. JUSTICES' AND JUDGES' COMPENSATION
Full-time judges positions...................... 600.0
Supreme court justices' salaries--7.0 justices......... $ 1,152,300
Court of appeals judges' salaries--27.0 judges......... 4,126,700
District court judges' state base salaries--245.0
judges............................................... 22,743,700
District court judicial salary standardization......... 11,236,700
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--218.0
judges............................................... 20,534,600
Circuit court judicial salary standardization.......... 9,967,900
Judges' retirement system defined contributions........ 4,361,800
OASI, social security.................................. 5,620,700
GROSS APPROPRIATION.................................... $ 94,041,900
Appropriated from:
Special revenue funds:
Court fee fund......................................... 2,988,100
State general fund/general purpose..................... $ 91,053,800
Sec. 106. JUDICIAL AGENCIES
Full-time equated exempted positions.............. 7.0
Judicial tenure commission--7.0 FTE positions.......... $ 1,120,700
GROSS APPROPRIATION.................................... $ 1,120,700
Appropriated from:
State general fund/general purpose..................... $ 1,120,700
Sec. 107. INDIGENT DEFENSE - CRIMINAL
Full-time equated exempted positions............. 55.0
Appellate public defender program--44.0 FTE positions.. $ 6,816,500
Appellate assigned counsel administration--7.0 FTE
positions............................................ 1,063,600
Michigan indigent defense commission--4.0 FTE
positions............................................ 1,000,000
GROSS APPROPRIATION.................................... $ 8,880,100
Appropriated from:
Interdepartmental grant revenues:
IDG from state police - Michigan justice training fund. 474,700
Federal revenues:
Other federal grant revenues........................... 65,500
Special revenue funds:
Private - interest on lawyers trust accounts........... 82,800
Miscellaneous revenue.................................. 133,200
State general fund/general purpose..................... $ 8,123,900
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....................... $ 60,835,100
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.................................... $ 75,800,100
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..................... $ 10,395,100
Sec. 110. ONE-TIME APPROPRIATIONS
Full-time equated exempted positions.............. 1.0
Trial court innovation fund--1.0 FTE position.......... $ 1,000,000
GROSS APPROPRIATION.................................... $ 1,000,000
Appropriated from:
State general fund/general purpose..................... $ 1,000,000
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
FOR FISCAL YEAR 2014-2015
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 2014-2015 is $272,495,400.00 and state
spending from state resources to be paid to local units of
government for fiscal year 2014-2015 is $140,231,200.00. The
itemized statement below identifies appropriations from which
spending to local units of government will occur:
JUDICIARY
SUPREME COURT
State court administrative office...................... $ 162,500
Drug treatment courts.................................. 10,658,000
Mental health courts and diversion services............ 5,722,800
Veterans courts........................................ 500,000
Swift and sure sanctions program....................... 5,900,000
Next generation Michigan court system.................. 4,125,000
TRIAL COURT OPERATIONS
Court equity fund reimbursements....................... $ 60,835,100
Judicial technology improvement fund................... 4,815,000
Trial court innovation fund............................ 900,000
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......... $ 11,236,700
Probate court judges' state base salaries.............. 9,627,900
Probate court judicial salary standardization.......... 4,669,600
Circuit court judicial salary standardization.......... 9,967,900
Grant to OASI contribution fund, employers share,
social security..................................... 960,700
TOTAL.................................................. $ 140,231,200
Sec. 202. (1) The appropriations authorized in 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.
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. 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. 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 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. 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 develop, post, and maintain, on a user-friendly and
publicly accessible Internet site, 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 chairs of the senate and house
appropriations committees, the chairs of the senate and house
appropriations subcommittee 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, 2014 and September 30, 2015.
Sec. 223. The judiciary shall maintain, on a publicly
House Bill No. 5313 (H-1) as amended May 6, 2014
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, 2015 are $14,307,500.00. From this amount, total judiciary
appropriations for pension-related legacy costs are estimated at
$7,996,600.00. Total judiciary appropriations for retiree health
care legacy costs are estimated at $6,310,900.00.
[Sec. 225. (1) For each new program or program increase for which funds are appropriated in part 1, the judiciary shall report the following to the house and senate appropriations committees, the house and senate fiscal agencies, and the state budget director:
(a) By November 1, 2014, a list of specific benchmarks intended to measure the performance or return on taxpayer investment of the program and its associated expenditures.
(b) By March 1, 2015, an update on the progress of the program and the status of expenditures for the program as measured by those benchmarks.
(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 spending increase on existing programs initiated by the executive branch or the legislature shall include, as part of the original proposal or budget request, a specific list of benchmarks intended to measure the performance or return on taxpayer investment of the program or spending increase.]
JUDICIAL BRANCH
Sec. 301. Pursuant to the appropriations 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 an update on the status of the mental health courts
to the state budget director, the senate and house appropriations
subcommittees on the judiciary, and the senate and house fiscal
agencies.
Sec. 310. From the funds appropriated in part 1 for drug
treatment court programs, with the approval of and at the
discretion of the supreme court, the state court administrative
office shall evaluate and collect data on the performance of drug
treatment court programs. The state court administrative office
shall provide an annual review of the performance of drug courts as
prescribed in section 1078(6) of the revised judicature act of
1961, 1961 PA 236, MCL 600.1078. Both of the following apply to
that annual review:
(a) It shall include measures of the impact of drug court
programs in changing offender criminal involvement (recidivism) and
substance abuse and in reducing prison admissions.
(b) It shall be completed no later than April 1 of each year
and shall also be provided to the senate and house appropriations
subcommittees on the 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 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. In accordance with section
208, 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. 318. The funds appropriated in part 1 for the community
court pilot project shall be used for the purposes of administering
a pilot program of neighborhood-focused community courts. The state
court administrative office shall work collaboratively with the
designated courts when establishing the community courts.
Sec. 320. (1) From the funds appropriated in part 1 for the
swift and sure sanctions program, the state court administrative
office shall administer a program to distribute grants to
qualifying courts in accordance with the objectives and
requirements of the probation swift and sure sanctions act, chapter
XIA of the code of criminal procedure, 1927 PA 175, MCL 771A.1 to
771A.8. Of the $6,000,000.00 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 to the state budget director, the senate
and house appropriations subcommittees on the judiciary, and the
senate and house fiscal agencies. 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 the swift and
sure sanctions program.
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
exceeding $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 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 exceeding $300,000.00 as other federal grants.
Sec. 323. The state court administrative office shall provide
courts with a quarterly listing of out-of-state placements of
juveniles by each court. The state court administrative office
shall also provide each judge who hears juvenile matters with the
annual listing of per diem costs of the public and private
residential care facilities located or doing business in this
state, and the recidivism data for each facility, if available, as
provided by the department of human services. The courts shall
acknowledge receipt of this information.
House Bill No. 5313 (H-1) as amended May 6, 2014
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, 2015, 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........ 2,921.0
GROSS APPROPRIATION.................................... $ [527,988,300]
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 14,509,800
ADJUSTED GROSS APPROPRIATION........................... $ 512,478,500
Federal revenues:
Total federal revenues................................. 200,624,800
Special revenue funds:
Total local revenues................................... 656,500
Total private revenues................................. 1,811,800
Total other state restricted revenues.................. [288,168,200]
State general fund/general purpose..................... $ 22,217,200
Sec. 102. DEPARTMENTAL ADMINISTRATION
Full-time equated unclassified positions......... 57.5
Full-time equated classified positions.......... 124.0
Unclassified salaries--57.5 FTE positions.............. $ 4,768,700
Executive director programs--33.0 FTE positions........ 4,638,400
Administrative services--87.0 FTE positions............ 8,973,000
Office of regulatory reinvention--4.0 FTE positions.... 484,700
Property management.................................... 10,328,300
Rent................................................... 7,868,600
Worker's compensation.................................. 662,500
GROSS APPROPRIATION.................................... $ 37,724,200
Appropriated from:
Interdepartmental grant revenues:
IDG - DIFS, accounting services........................ 150,000
Federal revenues:
DOL, multiple grants for safety and health............. 880,400
DOL-ETA, unemployment insurance........................ 10,968,100
Federal revenues....................................... 849,700
Title XVIII Medicare................................... 451,300
Title XIX Medicaid..................................... 21,700
Title XIX Medicaid, facility certification fees........ 272,000
Special revenue funds:
Local revenues......................................... 127,500
Aboveground storage tank fees.......................... 71,100
Accountancy enforcement fund........................... 25,000
Boiler inspection fund................................. 255,000
Builder enforcement fund............................... 56,900
Construction code fund................................. 1,007,700
Contingent fund, penalty and interest account.......... 39,900
Corporation fees....................................... 4,105,300
Elevator fees.......................................... 275,800
Fees and collections/asbestos.......................... 89,200
Fire service fees...................................... 513,700
Fireworks safety fund.................................. 9,700
Health professions regulatory fund..................... 1,524,500
Health systems fees.................................... 159,600
Licensing and regulation fund.......................... 1,094,900
Liquor license revenue................................. 260,000
Liquor purchase revolving fund......................... 4,069,100
Michigan medical marihuana fund........................ 270,100
Mobile home code fund.................................. 343,700
Motor carrier fees..................................... 220,400
Private occupational school license fees............... 39,000
Public utility assessments............................. 2,409,800
Radiological health fees............................... 107,700
Safety education and training fund..................... 843,700
Second injury fund..................................... 272,200
Securities fees........................................ 3,563,400
Self-insurers security fund............................ 101,800
Silicosis and dust disease fund........................ 118,900
Survey and remonumentation fund........................ 53,000
Tax tribunal fund...................................... 1,056,700
Underground storage tank fees.......................... 68,000
Video franchise assessments............................ 4,000
Worker's compensation administrative revolving fund.... 100,000
State general fund/general purpose..................... $ 873,700
Sec. 103. PUBLIC SERVICE COMMISSION
Full-time equated classified positions.......... 193.0
Public service commission--190.0 FTE positions......... $ 30,130,500
METRO authority--3.0 FTE positions..................... 383,600
GROSS APPROPRIATION.................................... $ 30,514,100
Appropriated from:
Federal revenues:
DOE-OEERE, multiple grants............................. 56,700
DOT, gas pipeline safety............................... 1,234,500
Special revenue funds:
Motor carrier fees..................................... 2,529,500
Public utility assessments............................. 25,730,400
Restructuring mechanism assessments.................... 553,800
Video franchise assessments............................ 409,200
State general fund/general purpose..................... $ 0
Sec. 104. LIQUOR CONTROL COMMISSION
Full-time equated classified positions.......... 152.0
Management support services--28.0 FTE positions........ $ 4,378,800
Liquor licensing and enforcement--124.0 FTE positions.. 15,122,600
GROSS APPROPRIATION.................................... $ 19,501,400
Appropriated from:
Special revenue funds:
Direct shipper enforcement revolving fund.............. 124,800
Liquor license revenue................................. 7,820,000
Liquor purchase revolving fund......................... 11,556,600
State general fund/general purpose..................... $ 0
Sec. 105. OCCUPATIONAL REGULATION
House Bill No. 5313 (H-1) as amended May 6, 2014
Full-time equated classified positions.......... 852.6
Boiler inspection program--23.0 FTE positions.......... $ 3,277,500
[Bureau of fire services--97.0 FTE positions........... 12,019,600]
Bureau of construction codes--104.7 FTE positions...... 10,141,300
Corporations, securities, and commercial licensing
bureau--192.0 FTE positions.......................... 26,864,900
Elevator inspection program--32.0 FTE positions........ 4,358,400
Health professions regulation--151.0 FTE positions..... 27,702,800
Medical marihuana program--9.0 FTE positions........... 4,230,900
Health systems regulation--211.4 FTE positions......... 28,945,400
Background check program--5.5 FTE positions............ 2,624,800
Manufactured housing and land resources program--18.0
FTE positions........................................ 2,986,200
Property development group--9.0 FTE positions.......... 1,839,000
GROSS APPROPRIATION.................................... $ [124,990,800]
Appropriated from:
Interdepartmental grant revenues:
IDG - DCH, inspection contract......................... 100,000
Federal revenues:
Clinical lab improvement............................... 402,500
DOT.................................................... 60,000
Federal revenues....................................... 1,255,300
FEMA................................................... 28,000
Title XVIII Medicare................................... 11,841,600
Title XIX Medicaid..................................... 719,300
Title XIX Medicaid, facility certification fees........ 8,292,400
Special revenue funds:
House Bill No. 5313 (H-1) as amended May 6, 2014
Private - civil monetary penalties..................... 200,000
Aboveground storage tank fees.......................... 448,100
Accountancy enforcement fund........................... 404,800
Boiler inspection fund................................. 3,762,800
Builder enforcement fund............................... 479,200
Construction code fund................................. 8,573,700
Corporation fees....................................... 6,929,600
Elevator fees.......................................... 4,788,700
Fire alarm fees........................................ 125,400
Fire safety standard and enforcement fund.............. 40,000
Fire service fees...................................... 2,457,500
Fireworks safety fund.................................. [519,100]
Health professions regulatory fund..................... 23,522,500
Health systems fees.................................... 3,317,400
Licensing and regulation fund.......................... 11,408,800
Liquor purchase revolving fund......................... 3,159,800
Michigan medical marihuana fund........................ 4,230,900
Mobile home code fund.................................. 2,986,200
Nurse professional fund................................ 1,939,800
Pain management fees................................... 1,823,700
Private occupational school license fees............... 818,500
Property development fees.............................. 318,100
Real estate appraiser continuing education fund........ 63,300
Real estate education fund............................. 341,100
Real estate enforcement fund........................... 697,300
Securities fees........................................ 4,926,700
Securities investor education and training fund........ 1,000,000
Security business fund................................. 340,100
Survey and remonumentation fund........................ 838,500
Unarmed combat fund.................................... 137,900
Underground storage tank fees.......................... 2,523,700
State general fund/general purpose..................... $ 9,168,500
Sec. 106. MICHIGAN OCCUPATIONAL SAFETY AND HEALTH
ADMINISTRATION
Full-time equated classified positions.......... 270.4
Occupational safety and health--217.0 FTE positions.... $ 28,722,200
Wage and hour division--32.0 FTE positions............. 3,665,100
Radiological health administration--21.4 FTE positions. 3,443,900
GROSS APPROPRIATION.................................... $ 35,831,200
Appropriated from:
Federal revenues:
DOL, multiple grants for safety and health............. 11,722,600
Mammography quality standards.......................... 766,400
Special revenue funds:
Corporation fees....................................... 6,413,900
Fees and collections/asbestos.......................... 1,018,300
Radiological health fees............................... 2,677,500
Safety education and training fund..................... 9,573,900
Securities fees........................................ 3,484,400
State general fund/general purpose..................... $ 174,200
Sec. 107. EMPLOYMENT SERVICES
Full-time equated classified positions........ 1,086.0
Worker's compensation agency--64.0 FTE positions....... $ 7,758,100
Insurance funds administration--25.0 FTE positions..... 5,241,200
Compensation supplement fund........................... 1,820,000
Unemployment insurance agency--792.7 FTE positions..... 90,618,900
Advocacy assistance program............................ 1,500,000
Special audit and collections program--34.0 FTE
positions............................................ 3,394,900
Training program for agency staff--2.1 FTE positions... 1,851,300
Expanded fraud control program--33.2 FTE positions..... 3,910,600
Bureau of services for blind persons--113.0 FTE
positions............................................ 24,812,100
Employment and labor relations--22.0 FTE positions..... 4,136,300
GROSS APPROPRIATION.................................... $ 145,043,400
Appropriated from:
Federal revenues:
DOL-ETA, employment and training administration........ 842,100
DOL-ETA, unemployment insurance........................ 94,118,900
Federal revenues....................................... 18,308,300
Special revenue funds:
Local revenues......................................... 529,000
Private revenues....................................... 111,800
Contingent fund, penalty and interest account.......... 5,314,700
Corporation fees....................................... 1,771,900
Michigan business enterprise fund...................... 562,000
Second injury fund..................................... 2,815,800
Securities fees........................................ 5,027,900
Self-insurers security fund............................ 1,339,600
Silicosis and dust disease fund........................ 1,085,800
Special fraud control fund............................. 1,000,000
Worker's compensation administrative revolving fund.... 2,462,800
State general fund/general purpose..................... $ 9,752,800
Sec. 108. MICHIGAN ADMINISTRATIVE HEARING SYSTEM
Full-time equated classified positions.......... 243.0
Michigan administrative hearing system--215.0 FTE
positions............................................ $ 38,425,800
Michigan compensation appellate commission--28.0 FTE
positions............................................ 4,579,400
GROSS APPROPRIATION.................................... $ 43,005,200
Appropriated from:
Interdepartmental grant revenues:
IDG - administrative hearings and rules................ 14,259,800
Federal revenues:
DOL-ETA, unemployment insurance........................ 4,243,800
Federal revenue - administrative hearings and rules.... 9,842,600
Special revenue funds:
State restricted revenue - administrative hearings and
rules................................................ 12,834,300
Worker's compensation administrative revolving fund.... 335,600
State general fund/general purpose..................... $ 1,489,100
Sec. 109. INFORMATION TECHNOLOGY
Information technology services and projects........... $ 41,795,200
GROSS APPROPRIATION.................................... $ 41,795,200
Appropriated from:
Federal revenues:
DOL, multiple grants for safety and health............. 273,700
DOL-ETA, unemployment insurance........................ 21,542,900
Federal revenues....................................... 700,000
Title XVIII Medicare................................... 610,000
Title XIX Medicaid, facility certification fees........ 320,000
Special revenue funds:
Aboveground storage tank fees.......................... 24,500
Boiler inspection fund................................. 375,800
Construction code fund................................. 963,800
Corporation fees....................................... 4,888,300
Elevator fees.......................................... 423,600
Fees and collections/asbestos.......................... 49,300
Fire service fees...................................... 293,800
Health professions regulatory fund..................... 1,099,800
Health systems fees.................................... 225,900
Licensing and regulation fund.......................... 1,818,500
Liquor purchase revolving fund......................... 2,843,000
Michigan medical marihuana fund........................ 284,000
Mobile home code fund.................................. 300,500
Motor carrier fees..................................... 191,300
Pain management fees................................... 175,300
Public utility assessments............................. 1,554,800
Radiological health fees............................... 140,000
Safety education and training fund..................... 632,400
Second injury fund..................................... 162,900
Securities fees........................................ 1,026,900
Self-insurers security fund............................ 84,800
Silicosis and dust disease fund........................ 74,800
Tax tribunal fund...................................... 518,000
House Bill No. 5313 (H-1) as amended May 6, 2014
Underground storage tank fees.......................... 131,400
State general fund/general purpose..................... $ 65,200
Sec. 110. DEPARTMENT GRANTS
Fire protection grants................................. $ 9,273,900
[Firefighter training grants.................................. 1,000,000
Fireworks safety inspection grants..................... 165,200]
Liquor law enforcement grants.......................... 7,200,000
Medical marihuana operation and oversight grants....... 3,000,000
Remonumentation grants................................. 7,300,000
Private grant programs................................. 1,500,000
Subregional libraries state aid........................ 451,800
Utility consumer representation........................ 950,000
Youth low-vision program............................... 241,800
GROSS APPROPRIATION.................................... $ [31,082,700]
Appropriated from:
Special revenue funds:
Private revenues....................................... 1,500,000
Fire protection fund................................... 8,500,000
[Fireworks safety fund................................. 1,165,200]
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................... 950,000
State general fund/general purpose..................... $ 693,600
Sec. 111. ONE-TIME BASIS ONLY
Unemployment insurance agency - customer service....... $ 18,000,000
Liquor control commission IT upgrades.................. 500,000
Self-insurers security fund - Delphi Corp bankruptcy... 100
GROSS APPROPRIATION.................................... $ 18,500,100
House Bill No. 5313 (H-1) as amended May 6, 2014
Appropriated from:
Special revenue funds:
Contingent fund, penalty and interest account.......... 18,000,000
Liquor purchase revolving fund......................... 500,000
State general fund/general purpose..................... $ 100
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
FOR FISCAL YEAR 2014-2015
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 2014-2015 is [$310,385,400.00] and state
spending from state resources to be paid to local units of
government for fiscal year 2014-2015 is [$28,390,900.00]. 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
Fireworks safety inspection grants..................... 165,200]
Liquor law enforcement................................. 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.............................................. $ [28,390,900]
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 licensing and
regulatory affairs.
(b) "Director" means the director of the department.
(c) "DOE-OEERE" means the United States department of energy,
office of energy efficiency and renewable energy.
(d) "DOL" means the United States department of labor.
(e) "DOL-ETA" means the United States department of labor,
employment and training administration.
(f) "DOT" means the United States department of
transportation.
(g) "FEMA" means federal emergency management agency.
(h) "Fiscal agencies" means Michigan house fiscal agency and
Michigan senate fiscal agency.
(i) "FTE" means full-time equated.
(j) "IDG" means interdepartmental grant.
(k) "IT" means information technology.
(l) "MAHS" means Michigan administrative hearing system.
(m) "MARVIN" means Michigan's automated response voice
interactive network.
(n) "METRO" means the metropolitan extension
telecommunications rights-of-way oversight act, 2002 PA 48, MCL
484.3101 to 484.3120.
(o) "MiWAM" means Michigan web account manager.
(p) "Subcommittees" means all members of the subcommittees of
House Bill No. 5313 (H-1) as amended May 6, 2014
the house and senate appropriations committees with jurisdiction
over the budget for the department.
[Sec. 205. (1) For each new program or program increase for which funds are appropriated in part 1, the department shall report the following to the house and senate appropriations committees, the house and senate fiscal agencies, and the state budget director:
(a) By November 1, 2014, a list of specific benchmarks intended to measure the performance or return on taxpayer investment of the program and its associated expenditures.
(b) By March 1, 2015, an update on the progress of the program and the status of expenditures for the program as measured by those benchmarks.
(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 spending increase on existing programs initiated by the executive branch or the legislature shall include, as part of the original proposal or budget request, a specific 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. 211. The funds appropriated in part 1 for liquor control
commission IT upgrades are designated as work project
appropriations and shall not lapse at the end of the fiscal year.
Any unencumbered and unexpended funds shall continue to be
available for expenditure until the project has been completed.
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. Within 10 days after the receipt of a grant
appropriated in the private grant programs line item in part 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 funding source, purpose,
and amount of the grant.
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 subdivision control manual, the state boundary
commission operations manual, and other local government assistance
manuals.
(c) The Michigan liquor control code of 1998, 1998 PA 58, MCL
436.1101 to 436.2303.
(d) 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.
(e) Worker's compensation health care services rules.
(f) Construction code manuals.
(g) Copies of transcripts from administrative law hearings.
(2) In addition to the funds appropriated in part 1, funds
collected by 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
fiscal years ending September 30, 2014 and September 30, 2015.
Sec. 235. Total authorized appropriations from all sources
under part 1 for legacy costs for the fiscal year ending September
30, 2015 is $72,438,500.00. From this amount, total agency
appropriations for pension-related legacy costs are estimated at
$40,484,400.00. Total agency appropriations for retiree health care
legacy costs are estimated at $31,954,100.00.
Sec. 240. (1) It is the intent of the legislature that
departments and agencies receiving appropriations in part 1
properly account for their spending and do not use full-time
equated positions as placeholders for spending in other parts of
their budgets.
(2) No later than February 1, the department shall provide a
report to the legislature specifying the number of filled, full-
time equated positions in pay status within each agency receiving
appropriations in part 1 during the immediately preceding fiscal
year. When reporting on the number of filled, full-time equated
positions in pay status, the department shall provide the maximum
number of filled, full-time equated positions in pay status by
appropriation line item in the last pay period of each quarter of
the immediately preceding fiscal year. The report shall also
include a list of all funded, full-time equated positions by
position title.
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.
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. 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. By October 1, 2014, the department
shall provide the state budget office and the fiscal agencies with
the relevant accounting structure and associated business objects
script and report that groups administrative costs.
Sec. 246. The department shall not promulgate or adopt a rule
more stringent than the applicable federal standard unless
specifically authorized by statute.
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).
Sec. 250. It is the intent of the legislature that the
department continue the prefunding of other postemployment benefits
for state employees hired before January 1, 2012, with the amounts
appropriated in part 1 pursuant to the amendments made by 2011 PA
264 to the state employees' retirement act, 1943 PA 240, MCL 38.1
to 38.69.
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 and fiscal agencies 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 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. 504. Revenues collected by the department pursuant to the
uniform securities act (2002), 2008 PA 551, MCL 451.2101 to
451.2703, the debt management act, 1975 PA 148, MCL 451.411 to
451.437, and the living care disclosure act, 1976 PA 440, MCL
554.801 to 554.844, that are unexpended at the end of the fiscal
year shall carry forward to the subsequent fiscal year and not
lapse to the general fund.
Sec. 505. Funds remaining in the homeowner construction lien
recovery fund are appropriated to the department for payment of
court-ordered homeowner construction lien recovery fund judgments
entered prior to August 23, 2010. Pursuant to available funds, the
payment of final judgments shall be made in the order in which the
final judgments were entered and began accruing interest.
Sec. 506. (1) The department shall report by April 1 to the
subcommittees, fiscal agencies, and state budget director on the
timeliness of nursing facility complaint investigations and the
number of allegations that are substantiated on an annual basis.
The report shall consist of the number of allegations filed by
consumers and the number of facility-reported incidents. The
department shall make every effort to contact every complainant and
the subject of a complaint during an investigation.
(2) The department shall gather information on its most
frequently cited complaint deficiencies for the prior 3 fiscal
years and include that information in the report required under
subsection (1). The department shall determine whether there is an
increase in the number of citations from 1 year to the next and
assess the cause of the increase, if any, and whether education and
training of nursing facility staff or department staff are needed.
(3) The department shall make the report required under this
section available to the public at no cost on its website.
Sec. 507. (1) 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.
(2) If the required fees are shown to be insufficient to
offset all expenses of implementing and administering the medical
marihuana program, the department shall review and revise the
application and renewal fees accordingly to ensure that all
expenses of implementing and administering the medical marihuana
program are offset as is permitted under section 5 of the Michigan
medical marihuana act, 2008 IL 1, MCL 333.26425.
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. 509. By February 1, the bureau of health care services
shall provide the state budget office, the subcommittees, and the
fiscal agencies an updated schedule of fees to be charged by the
bureau of health care services for regulating health facilities.
The updated fee schedule proposed by the bureau shall be based on
the schedule submitted previously, but include updated figures from
the prior fiscal year. It shall also bear a direct relationship to
the cost of the service or act, including overhead expenses. The
report shall also recommend the necessary statutory and
administrative rule changes necessary to implement the recommended
fee schedule.
Sec. 510. From the appropriations made in part 1 for the
bureau of health systems, at least $530,000.00 must be expended for
activities related to the inspection and licensing of freestanding
surgical outpatient facilities.
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. The unemployment insurance agency shall provide the
subcommittees, fiscal agencies, and state budget office with
quarterly status reports on the implementation of and improvements
to the agency's integrated system project. The quarterly status
reports shall include, but not be limited to, a summary of the
expenditures for the project, a summary of the tasks completed, and
a summary of the tasks anticipated to be completed in the
subsequent quarter.
Sec. 703. The department shall report quarterly to the members
of the house and senate committees on appropriations, the fiscal
agencies, and the state budget director on the percentage of
unemployment claimants that meet the certification requirements for
receiving benefits by using the Internet MiWAM system or any
application developed for that purpose. The department shall
implement improvements to the Internet MiWAM system that promote
greater ease of access and security with a goal of reaching 85% of
users certifying by using the Internet MiWAM system or another
system that reduces staff face time and MARVIN telephone system
usage.
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. (1) The funds appropriated in part 1 for a regional
or subregional library shall not be released until a budget for
that regional or subregional library has been approved by the
department for expenditures for library services directly serving
the blind and persons with disabilities.
(2) In order to receive subregional state aid as appropriated
in part 1, a regional or subregional library's fiscal agency shall
agree to maintain local funding support at the same level in the
current fiscal year as in the fiscal agency's preceding fiscal
year. If a reduction in expenditures equally affects all agencies
in a local unit of government that is the regional or subregional
library's fiscal agency, that reduction shall not be interpreted as
a reduction in local support and shall not disqualify a regional or
subregional library from receiving state aid under part 1. If a
reduction in income affects a library cooperative or district
library that is a regional or subregional library's fiscal agency
or a reduction in expenditures for the regional or subregional
library's fiscal agency, a reduction in expenditures for the
regional or subregional library shall not be interpreted as a
reduction in local support and shall not disqualify a regional or
subregional library from receiving state aid under part 1.
Sec. 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.
MICHIGAN ADMINISTRATIVE HEARING SYSTEM
Sec. 801. (1) The Michigan tax tribunal within the Michigan
administrative hearing system shall submit a report containing all
of the following for the previous fiscal year:
(a) The number of cases heard and the number of cases decided
by MAHS hearings officers, contractual hearings officers, and
tribunal members during the fiscal year.
(b) The number of case filings and dispositions and the number
of active and pending cases before the small claims division and
the entire tribunal.
(c) The average and maximum time elapsed, both tolled and
untolled, between case filings and final dispositions.
(d) The amount and percentage of tax tribunal fees generated
by motions to amend.
(2) The report required under subsection (1) shall be
submitted to the subcommittees, fiscal agencies, and state budget
office not later than November 1.
DEPARTMENT GRANTS
Sec. 901. (1) 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.
(2) Cities, villages, and townships with state-owned
facilities shall report to the department no later than January 1
on a form developed by the department in order to be eligible to
receive funds appropriated in part 1 for fire protection grants.
The report shall indicate all of the following:
(a) The ability to respond to state facilities in their
service area.
(b) The cost for being prepared and able to respond to fire
service situations during the most recent fiscal year.
(c) The fire-related activities of police and fire departments
on state property.
(d) The costs of these activities.
(e) The expenditures from fire protection grants.
(3) The department shall prepare a summary of the local
submissions and provide it to the subcommittees, fiscal agencies,
and the state budget director by March 31.
Sec. 902. (1) Not later than January 31, 2015, the department
shall prepare a report that provides the number of registry
identification cards issued to or renewed for patients residing in
each county during the previous fiscal year, as of September 30,
2014, 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 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.
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 agency
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) In order to be eligible to receive a grant under
subsection (2), a county law enforcement agency shall apply no
later than January 1, 2015 and agree to report how the grant was
expended and provide that report to the department no later than
September 15, 2015. The department shall submit a report no later
than October 15, 2015 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.
(4) County law enforcement agencies 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 agency distributes a discretionary grant in
this manner, that county law enforcement agency 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 (3).
(5) No later than January 1, 2015, the department shall post a
listing of potential grant money available to each county law
enforcement agency on its website. A county law enforcement agency
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 agency'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.
ONE-TIME BASIS ONLY
Sec. 1001. If sufficient funds are not appropriated in fiscal
year 2013-2014 to cover the workers' compensation claims of former
employees of the Delphi Corporation, it is the intent of the
legislature that sufficient funds for those claims are appropriated
under the self-insurers security fund - Delphi Corp bankruptcy line
item in fiscal year 2014-2015.
PART 2A
PROVISIONS CONCERNING ANTICIPATED APPROPRIATIONS
FOR FISCAL YEAR 2015-2016
GENERAL SECTIONS
Sec. 1201. It is the intent of the legislature to provide
appropriations for the fiscal year ending on September 30, 2016 for
the line items listed in part 1. The fiscal year 2015-2016
appropriations are anticipated to be the same as those for fiscal
year 2014-2015, 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 2015 consensus revenue estimating
conference.
Sec. 1202. It is the intent of the legislature that the
department identify the amounts for normal retirement costs and
legacy retirement costs for the fiscal year ending on September 30,
2016 for the line items listed in 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, 2015,
from the following funds:
DEPARTMENT OF MILITARY AND VETERANS AFFAIRS
APPROPRIATION SUMMARY
Full-time equated unclassified positions.......... 9.0
Full-time equated classified positions.......... 889.5
GROSS APPROPRIATION.................................... $ 166,594,900
Total interdepartmental grants and intradepartmental
transfers............................................ 100,000
Schedule of interdepartmental grant and
intradepartmental transfer revenue sources:
IDG, state police............................. 100,000
ADJUSTED GROSS APPROPRIATION........................... $ 166,464,900
Total federal revenues................................. 90,362,800
Schedule of federal revenue sources:
DOD-DOA-NGB................................ 60,025,300
DVA-VHA.................................... 27,235,700
Federal counter narcotics revenues............. 50,000
HHS-HCFA, title XIX, Medicaid.................. 88,300
HHS-HCFA, Medicare, hospital insurance...... 2,963,500
Total local revenues................................... 1,500,000
Schedule of local revenue sources:
Local - school aid fund..................... 1,500,000
Total private revenues................................. 740,000
Schedule of private revenue sources:
Private - veterans' homes post and posthumous
funds...................................... 540,000
Private donations............................. 200,000
Total other state restricted revenues.................. 25,086,400
Schedule of restricted revenue sources:
Lease revenue.................................. 12,200
Income and assessments..................... 17,356,100
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............... 5,201,700
Rental fees................................... 346,400
Test project fees............................. 100,000
State general fund/general purpose..................... $ 48,805,700
State general fund/general purpose schedule:
Ongoing state general fund/general purpose........... 46,305,700
One-time state general fund/general purpose.......... 2,500,000
Sec. 102. Department and national guard operations
Full-time equated unclassified positions.......... 9.0
Full-time equated classified positions.......... 324.0
Unclassified positions................................. $ 1,370,100
Departmental and national guard operations............. 51,233,100
Schedule of programs:
Armories and joint force readiness......... 16,136,500
Military training sites and support
facilities................................ 32,050,600
Support services............................ 3,046,000
National guard programs................................ 9,471,200
Schedule of programs:
Starbase grant.............................. 2,322,000
ChalleNGe program........................... 4,549,200
Military family relief fund................... 600,000
Michigan national guard tuition assistance.. 2,000,000
______________
GROSS APPROPRIATION.................................... $ 62,074,400
Appropriated from:
Interdepartmental grant revenues....................... 100,000
Federal revenues....................................... 45,489,000
Local revenues......................................... 1,500,000
Private revenues....................................... 200,000
State restricted revenues.............................. 1,523,600
State general fund/general purpose..................... $ 13,261,800
Sec. 103. MICHIGAN VETERANS AFFAIRS AGENCY
Full-time equated classified positions.......... 565.5
Michigan veterans affairs agency........................ $ 15,901,400
Schedule of programs:
MVAA operations............................. 7,295,100
Veterans service grants..................... 3,404,600
Veterans' trust fund administration......... 1,455,200
Veterans' trust fund grants................. 3,746,500
Veterans' homes......................................... $ 66,567,900
Schedule of programs:
Grand Rapids veterans' home................ 46,012,600
Board of managers (Grand Rapids home)......... 665,000
D.J. Jacobetti veterans' home.............. 19,615,300
Board of managers (Jacobetti home)............ 275,000
______________
GROSS APPROPRIATION.................................... $ 82,469,300
Appropriated from:
Federal revenues....................................... 29,873,800
Private revenues....................................... 540,000
State restricted revenues.............................. 22,562,800
State general fund/general purpose..................... $ 29,492,700
Sec. 104. CAPITAL OUTLAY
Capital outlay.......................................... $ 19,551,200
Schedule of programs:
Special maintenance – national guard....... 18,051,200
Special maintenance – veterans' homes......... 500,000
Land and acquisitions....................... 1,000,000
______________
GROSS APPROPRIATION.................................... $ 19,551,200
Appropriated from:
Federal revenues....................................... 15,000,000
State restricted revenues.............................. 1,000,000
State general fund/general purpose..................... $ 3,551,200
Sec. 105. ONE-TIME APPROPRIATIONS
One-time appropriations................................ $ 2,500,000
Schedule of programs:
Special maintenance – veterans' homes....... 2,500,000
_______________
GROSS APPROPRIATION..................................... $ 2,500,000
Appropriated from:
State general fund/general purpose..................... $ 2,500,000
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
FOR FISCAL YEAR 2014-2015
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 2014-2015 is $73,892,100.00 and state
spending from state resources to be paid to local units of
government for fiscal year 2014-2015 is $100,000.00. 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.............................. $ 50,000
Schedule of programs:
Payments in lieu of taxes...................... 50,000
Michigan veterans affairs agency....................... $ 50,000
Schedule of programs:
County counselor education and training
expenses...................................... 50,000
TOTAL.................................................. $ 100,000
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) "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) "DOD" means the United States department of defense.
(e) "DOD-DOA-NGB" means the DOD department of the army,
national guard bureau.
(f) "DVA" means the United States department of veterans
affairs.
(g) "DVA-VHA" means the DVA veterans health administration.
(h) "FTE" means full-time equated.
(i) "HCFA" means the health care financing administration, now
renamed the centers for Medicare and Medicaid services.
(j) "HHS" means the United States department of health and
human services.
(k) "IDG" means interdepartmental grant.
(l) "Large veterans service organization" means a VSO that can
certify that its membership exceeds 30,000 individuals.
(m) "MVAA" means the Michigan veterans affairs agency.
(n) "Medium veterans service organization" means a VSO that
can certify that its membership is between 2,500 and 30,000
individuals.
(o) "Small veterans service organization" means a VSO that can
certify that its membership is between 1,000 and 2,499 individuals.
(p) "Subcommittees" means all members of the subcommittees of
the senate and house appropriations committees with jurisdiction
over the budget of the department.
(q) "VSO" means veterans service organization.
(r) "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 DVA-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 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 of the department 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. 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. (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. 217. The department shall improve its budgetary
efficiency pertaining to the delivery of core services delineated
in section 222 by doing all of the following:
(a) Prioritizing personnel over buildings in budgetary
efficiency considerations.
(b) Pursuing the physical or virtual consolidation of support
service functions such as information technology, human resources,
and accounting as a means of improving standardization and
efficiency.
(c) Seeking expenditure reductions whenever possible through
the streamlining of existing service delivery activities.
(d) Identifying efficiencies that can be gained via the
reduction or elimination of programs, policies, and practices which
have outlived their usefulness.
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 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) 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 list of armory closings and projected closings.
(e) A list of property sales as described in section 223 of
this part.
(f) A report on the status of performance metrics cited in
this part.
(g) A list of the performance measures, outcomes, and
initiatives developed by the agency in the strategic plan required
by section 501 of 2013 PA 9.
(h) The number of active employees at the close of the fiscal
quarter by job classification and program.
(i) 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.
(j) The status and projected cost of each maintenance project
at the Grand Rapids and D.J. Jacobetti veterans' homes, funded from
the special maintenance capital outlay and 1-time appropriations in
part 1.
(k) 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.
(l) 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.
(m) Information regarding assessments, reassessments, and
admissions at the Grand Rapids and D.J. Jacobetti veterans' homes.
(n) The number of volunteer hours at the Grand Rapids and D.J.
Jacobetti veterans' homes.
(o) The financial status of the Michigan veterans' trust fund,
including the number and amount of emergency grants, state
administrative expenses, and county administrative expenses.
(p) A summary of activities supported through the
appropriation in part 1 for veterans service grants, including
separately for each service region and grantee, the amount of
expenditures by spending category, number of service hours, number
of claims for benefits submitted by type of claim, and other
information required to be submitted by veterans service grantees
to the MVAA.
(q) The status and projected costs of special maintenance
projects at the armories funded from capital outlay appropriation
in part 1 and the appropriation in section 111 of 2014 PA 34.
(r) A summary of expenditures and the activities funded from
the appropriation made in section 111 of 2014 PA 34 for the
veterans service delivery initiative.
(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.
(3) The Grand Rapids and D.J. Jacobetti veterans' homes shall
provide to the subcommittees and the senate and house fiscal
agencies the results of any annual or for-cause survey conducted by
the DVA-VHA and any corresponding corrective action plan. This
House Bill No. 5313 (H-1) as amended May 6, 2014
information shall also be made available publicly through the
department's or MVAA's website.
[Sec. 219a. (1) For each new program or program increase for which funds are appropriated in part 1, the department shall report the following to the house and senate appropriations committees, the house and senate fiscal agencies, and the state budget director:
(a) By November 1, 2014, a list of specific benchmarks intended to measure the performance or return on taxpayer investment of the program and its associated expenditures.
(b) By March 1, 2015, an update on the progress of the program and the status of expenditures for the program as measured by those benchmarks.
(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 spending increase on existing programs initiated by the executive branch or the legislature shall include, as part of the original proposal or budget request, a specific list of benchmarks intended to measure the performance or return on taxpayer investment of the program or spending increase.]
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) Department and national guard operations, including
armories and joint force readiness and maintenance of national
guard training facilities and air bases.
(b) National guard programs, including the Michigan youth
challeNGe academy, starbase program, military family relief fund,
and the national guard tuition assistance program.
(c) Veterans' services and initiatives, including MVAA
operations, veterans' service grants, veterans' trust fund
administration, and veterans' trust fund grants.
(d) Veterans' homes, including the Grand Rapids veterans'
home, the D.J. Jacobetti veterans' home, and the board of managers.
Sec. 225. Funds appropriated in this part and 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 activities that the attorney general authorizes.
Sec. 227. The department shall not exclude public employee
unions from the bid process.
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 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, 2014 and
September 30, 2015.
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, 2015 are $20,013,100.00. From this amount, total agency
appropriations for pension-related legacy costs are estimated at
$66,300,300.00, and total agency appropriations for retiree health
care legacy costs are estimated at $8,833,000.00.
DEPARTMENT AND NATIONAL GUARD OPERATIONS
Sec. 300. (1) From the funds appropriated in part 1, there is
funding to support unclassified employee positions as authorized by
section 5 of article XI of the state constitution of 1963. These
positions include the following: department director - the adjutant
general for Michigan; assistant adjutant general - army; assistant
adjutant general - installations; assistant adjutant general - air;
senior policy executive - Michigan veterans affairs agency; senior
deputy director – state operations; director - strategy and policy;
director - public safety project; and director - Michigan veterans
affairs agency.
(2) Not less than 30 days prior to the department submitting a
request for an additional unclassified employee position from the
civil service commission, or for any substantive change to the
duties of an existing unclassified employee position, the
department shall notify the subcommittees and the senate and house
fiscal agencies.
ARMORIES AND JOINT FORCE READINESS
Sec. 302. (1) From the funds appropriated in part 1 for
department and national guard operations, the department shall
provide for the following:
(a) Administrative support for department operations, as
provided under the management and budget act, 1984 PA 431, MCL
18.1101 to 18.1594, and in compliance with the state of Michigan
financial management guide and the administrative guide to state
government.
(b) Executive administration of the department as provided
under chapter 6 of the executive organization act of 1965, 1965 PA
380, MCL 16.225 to 16.229, Executive Reorganization Order No. 1997-
7, MCL 32.91, and chapter 5 of the Michigan military act, 1967 PA
150, MCL 32.700 to 32.740.
(c) The operations of the Michigan military establishment, as
provided under section 7 of article I and section 12 of article V
of the state constitution of 1963, and the Michigan military act,
1967 PA 150, MCL 32.501 to 32.851, title 10 of the United States
Code, 10 USC 101 to 18506, title 32 of the United States Code, 32
USC 101 to 908, the Michigan code of military justice of 1980, 1980
PA 523, MCL 32.1001 to 32.1148, R 32.11 to R 32.61 of the Michigan
administrative code, R 32.171 to R 32.186 of the Michigan
administrative code, and other applicable cooperative agreements
and army, air force, and national guard bureau regulations.
(2) The department shall operate and maintain national guard
armories as provided under chapter 6 of the Michigan military act,
1967 PA 150, MCL 32.750 to 32.788, and other applicable cooperative
agreements and army and national guard regulations, within the
constraints of available funding appropriated in part 1.
(3) The Michigan army national guard and air national guard
shall work to provide a culture that is free of sexual assault,
through an environment of prevention, education and training,
response capability, victim support, reporting procedures, and
appropriate accountability that enhances the safety and well-being
of all guard members.
Sec. 302a. (1) The department shall evaluate armories for
consolidation, energy, and utility efficiency and identify work
projects that would improve this efficiency and submit a quarterly
report on the status and activities of the armories as provided in
section 219.
(2) The department shall establish a system that measures the
condition and adequacy of armory facilities using both quality and
functionality criteria based off the installation status report-
infrastructure inspections that are conducted annually as a
requirement set forth by the national guard.
(3) The department shall report to the subcommittees, the
senate and house fiscal agencies, and the state budget office by
December 1 providing for 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.
MAINTENANCE AND OPERATIONS OF 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.
Sec. 304a. 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.
CHALLENGE PROGRAM
Sec. 307. The department shall maintain the Michigan youth
challeNGe academy as provided under 32 USC 509.
Sec. 307a. (1) The department shall train at least 144 cadets
simultaneously at the Michigan youth challeNGe academy.
(2) 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. 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.
Sec. 308a. (1) 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.
(2) The department shall 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 PROGRAM
Sec. 309. The department shall maintain a starbase program as
provided under 10 USC 2193b.
MICHIGAN VETERANS AFFAIRS AGENCY
MVAA OPERATIONS
Sec. 400. (1) The MVAA shall provide assistance to Michigan
veterans as provided under Executive Reorganization Order No. 2013-
2, MCL 32.92.
(2) The MVAA shall 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:
(a) To the extent known, data on the estimated number of
homeless veterans, by county, in the state.
(b) A summary of the activities and strategies developed to
date under the MVAA community assessment and regional service
delivery model pilot projects that are specifically aimed at
improving access to, and the utilization of, community-based
services among homeless veterans, and aimed at preventing the
incidence of, and minimizing the risk factors for, homelessness
among veterans.
Sec. 400a. (1) The MVAA shall develop and operate an outreach
program that will communicate benefit eligibility information to
35% of the Michigan veterans population as determined by most
recent census data, with a goal that outreach efforts reach 100% of
veterans in this state.
(2) The MVAA shall communicate veteran benefit information
pertaining to the Michigan military family relief fund, Michigan
veterans' trust fund, and United States department of veterans
affairs health, financial, and memorial benefits to which they are
entitled.
(3) The MVAA shall work to approve at least 5,660 requests for
military discharge certificates (DD-214) annually and report that
information as provided in section 219.
(4) The department shall 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.
Sec. 401. (1) From the funds appropriated in part 1, the MVAA
shall provide for regional coordinators, selected by the MVAA
through a grant agreement with veterans service organizations or by
other means. These regional coordinators shall provide the
following services:
(a) Coordinate veteran benefit counselors' efforts throughout
a specified region.
(b) Coordinate services with the department of human services,
the department of community health, and the department of
corrections.
(c) Coordinate with regional workforce and economic
development agencies.
(d) 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.
(2) The MVAA may work with MVAA service officers, regional
coordinators, county veteran counselors, VSO service officers, and
other service providers to incorporate mental health care referral
services into their daily operations in order to aid veterans in
understanding the mental health care support services they may be
eligible to receive and in identifying available providers of those
services. Mental health care services shall include counseling and
appropriate care and services to veterans to overcome any mental
health issues resulting from their military service, including
issues concerning military sexual trauma, post-traumatic stress
disorder, depression, anxiety, and substance abuse.
(3) The MVAA shall cooperate with the department of human
services and the department of community health in working 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.
(4) 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 Form 214 or other military discharge
documentation if necessary.
(5) 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.
Sec. 402. The MVAA shall provide claims processing services to
Michigan veterans in support of benefit claims submitted to the DVA
for the health, financial, and memorial benefits for which they are
eligible.
Sec. 402a. The MVAA shall report the following information as
provided in section 219:
(a) The number of benefit claims, by type, submitted to the
DVA, and the number of claims that have been denied by the DVA,
have been approved by the DVA, or are still pending before the DVA.
(b) The number of fully developed claims, by type, submitted
to the DVA, with an overall goal of 50% of benefit claims submitted
that are considered fully developed by the DVA.
Sec. 403. The MVAA shall provide resources necessary to
provide county veterans counselors with training to ensure quality
benefit counseling services to veterans. From the funds
appropriated in part 1, $50,000.00 shall be allocated for training
support.
Sec. 403a. The MVAA shall report the following information as
provided in section 219:
(a) The number and percentage of county veterans counselors
trained by the MVAA, with an overall goal of 100%.
(b) The number of benefit claims, by type, submitted to the
DVA by county veterans counselors, and the number of claims that
have been denied by the DVA, have been approved by the DVA, or are
still pending before the DVA.
(c) The number of fully developed claims, by type, submitted
to the DVA by county veterans counselors, with an overall goal of
50% of benefit claims submitted that are considered fully developed
by the DVA.
Sec. 404. 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.
Sec. 404a. The MVAA shall provide a report, as provided in
section 219, on the expenditures and activities of the grant funds
directed by section 404.
Sec. 405. The MVAA shall create a 5-member advisory board
consisting of presidents or commanders from 2 large veterans
service organizations, 2 medium veterans service organizations, and
1 small veterans service organization. The board shall meet no less
than twice a year, without reimbursement, and shall assist the MVAA
in developing plans, reviewing service delivery initiatives, and
identifying services and projects that assist in meeting MVAA
performance objectives.
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.
(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 for each
veterans service officer.
(c) A specified number of service hours within each geographic
region of this state, with a statewide goal of at least 106,750
hours, including 6,240 hours provided in state correctional
facilities.
Sec. 406a. The MVAA shall report the following information as
provided in section 219:
(a) The number of benefit claims, by type, submitted to the
DVA by veterans service organizations, and the number of claims
that have been denied by the DVA, have been approved by the DVA, or
are still pending before the DVA.
(b) The number of fully developed claims, by type, submitted
to the DVA by veterans service organizations, with an overall goal
of 50% of benefit claims submitted that are considered fully
developed by the DVA.
VETERANS' TRUST FUND ADMINISTRATION
Sec. 407. 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.
Sec. 407a. 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 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.
GRAND RAPIDS VETERANS' HOME
Sec. 501. (1) The MVAA and the board of managers shall provide
nursing and domiciliary care services to veterans in accordance
with the following program authorities:
(a) 1885 PA 152, MCL 36.1 to 36.12.
(b) 1905 PA 313, MCL 36.61.
(c) Executive Reorganization Order No. 1991-7, MCL 36.71.
(d) Executive Reorganization Order No. 2013-2, MCL 32.92.
(e) R 32.71 to R 32.89 of the Michigan administrative code.
(f) Title 38, part II, chapter 17, subchapter V of the United
States Code, 38 USC 1741 to 1745.
(g) 38 CFR part 51.
(h) 38 CFR part 52.
(i) Title 38, part VI, chapter 81, subchapter III of the
United States Code, 38 USC 8131 to 8138.
(j) 38 CFR part 59.
(2) The Grand Rapids veterans' home shall ensure that its
medical staffing is in accordance with VHA standards.
(3) The Grand Rapids veterans' home shall ensure that
transportation is assured for each resident for every medical
appointment outside the veterans' home.
(4) The Grand Rapids veterans' home shall ensure that each
member resident receives daily laundry service.
(5) The Grand Rapids veterans' home shall ensure that
maintenance and custodial services are provided for each home in
accordance with applicable local, state, and federal standards.
(6) The Grand Rapids veterans' home shall ensure that each
resident receives a medical and care assessment including a dietary
plan upon admission to the home, with meals and snacks provided in
accordance with the plan and R 325.20803 of the Michigan
administrative code.
(7) Appropriations in part 1 for the Grand Rapids veterans'
home shall not be used for any purpose other than for veterans and
veterans' families.
(8) Any contractor providing competency evaluated nursing
assistants (CENA) to the Grand Rapids veterans' home shall ensure
that each CENA has at least 8 hours of training on information
provided by the veterans' home.
(9) Any contractor providing competency evaluated nursing
assistants to the Grand Rapids veterans' home shall ensure that
each CENA has at least 1 eight-hour shift of shadowing at the
veterans' home.
(10) Any contractor providing competency evaluated nursing
assistants to the Grand Rapids 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.
(11) Any contractor providing competency evaluated nursing
assistants to the Grand Rapids veterans' home shall ensure that
each CENA has at least 1 year of experience in long-term care.
(12) The Grand Rapids veterans' home shall provide each CENA
at least 12 hours of in-service training once that individual has
been assigned to the veterans' home.
(13) All complaints of abusive or neglectful care at the Grand
Rapids 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 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.
(14) The Grand Rapids veterans' home 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 veterans' home shall provide all members and staff a
safe and secure environment.
(15) The Grand Rapids veterans' home shall ensure that it
effectively develops, executes, and monitors all comprehensive care
plans in accordance with federal regulations and its internal
policies, with a goal that a comprehensive care plan is fully
developed for all resident members.
(16) The Grand Rapids veterans' home shall implement controls
over its food, maintenance supplies, and medical supplies
inventories.
(17) The Grand Rapids veterans' home shall implement controls
over its pharmaceutical inventory.
(18) The Grand Rapids veterans' home 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
veterans' home shall establish sufficient controls to ensure that
all past due resident member maintenance assessments are addressed
within 30 days.
(19) The Grand Rapids veterans' home shall establish
sufficient controls over monetary donations and donated goods.
(20) The Grand Rapids veterans' home 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.
(21) 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 home.
(22) The Grand Rapids veterans' home shall ensure that it
meets a minimum standard of 2.5 patient care hours per patient, per
day, each day, 7 days a week.
Sec. 501a. The MVAA shall report its findings regarding the
Grand Rapids veterans' home's compliance with the requirements and
standards under section 501, except subsection (13), as provided in
section 219. The quarterly report shall include, but is not limited
to, the following information:
(a) The number of patient care hours and staffing levels
measured against DVA-VHA standards.
(b) The number and dollar value of lost and discarded
prescriptions and the number of early prescription refills.
D.J. JACOBETTI VETERANS' HOME
Sec. 502. (1) The MVAA and the board of managers shall provide
nursing and domiciliary care services to veterans in accordance
with the following program authorities:
(a) 1885 PA 152, MCL 36.1 to 36.12.
(b) 1905 PA 313, MCL 36.61.
(c) Executive Reorganization Order No. 1991-7, MCL 36.71.
(d) Executive Reorganization Order No. 2013-2, MCL 32.92.
(e) R 32.71 to R 32.89 of the Michigan administrative code.
(f) Title 38, part II, chapter 17, subchapter V of the United
States Code, 38 USC 1741 to 1745.
(g) 38 CFR part 51.
(h) 38 CFR part 52.
(i) Title 38, part VI, chapter 81, subchapter III of the
United States Code, 38 USC 8131 to 8138.
(j) 38 CFR part 59.
(2) The D.J. Jacobetti veterans' home shall ensure that its
medical staffing is in accordance with DVA-VHA standards.
(3) The D.J. Jacobetti veterans' home shall ensure that
transportation is assured for each resident for every medical
appointment outside the veterans' home.
(4) The D.J. Jacobetti veterans' home shall ensure that each
member resident receives daily laundry service.
(5) The D.J. Jacobetti veterans' home shall ensure that
maintenance and custodial services are provided for the home in
accordance with applicable local, state and federal standards.
(6) The D.J. Jacobetti veterans' home shall ensure that each
resident receives a medical and care assessment including a dietary
plan upon admission to the home, with meals and snacks provided in
accordance with the plan and R 325.20803 of the Michigan
administrative code.
(7) Appropriations in part 1 for the D.J. Jacobetti veterans'
home shall not be used for any purpose other than for veterans and
veterans' families.
(8) Any contractor providing competency evaluated nursing
assistants (CENA) to the D.J. Jacobetti veterans' home shall ensure
that each CENA has at least 8 hours of training on information
provided by the veterans' home.
(9) Any contractor providing competency evaluated nursing
assistants to the D.J. Jacobetti veterans' home shall ensure that
each CENA has at least 1 eight-hour shift of shadowing at the
veterans' home.
(10) Any contractor providing competency evaluated nursing
assistants to the 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.
(11) Any contractor providing competency evaluated nursing
assistants to the D.J. Jacobetti veterans' home shall ensure that
each CENA has at least 1 year of experience in long-term care.
(12) The D.J. Jacobetti veterans' home shall provide each CENA
at least 12 hours of in-service training once that individual has
been assigned to the veterans' home.
(13) All complaints of abusive or neglectful care at the 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 D.J.
Jacobetti veterans' home.
(b) Summary statistics on the number and the general nature of
complaints of abuse or neglect.
(c) Summary statistics on the final disposition of complaints
of abuse or neglect received.
(14) The MVAA shall post on its website all policies adopted
by the board of managers and the home related to the operations of
the home.
CAPITAL OUTLAY
Sec. 601. 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.
ONE-TIME APPROPRIATIONS
Sec. 701. The 1-time appropriations in part 1 for special
maintenance shall be carried forward at the end of the fiscal year
consistent with section 248 of the management and budget act, 1984
PA 431, MCL 18.1248.
House Bill No. 5313 (H-1) as amended May 6, 2014
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, 2015, from the
following funds:
DEPARTMENT OF NATURAL RESOURCES
APPROPRIATION SUMMARY
Full-time equated unclassified positions.......... 6.0
Full-time equated classified positions...... [2,190.3]
GROSS APPROPRIATION.................................... $ 372,185,400
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 1,355,100
ADJUSTED GROSS APPROPRIATION........................... $ 370,830,300
Federal revenues:
Total federal revenues................................. 67,954,500
Special revenue funds:
Total local revenues................................... 0
Total private revenues................................. 10,286,300
Total other state restricted revenues.................. 256,498,000
State general fund/general purpose..................... $ 36,091,500
FUND SOURCE SUMMARY
Full-time equated unclassified positions.......... 6.0
Full-time equated classified positions...... [2,190.3]
GROSS APPROPRIATION.................................... $ 372,185,400
Interdepartmental grant revenues:
IDG, land acquisition services-to-work orders.......... 229,100
IDG, MacMullan conference center revenue............... 1,126,000
Total interdepartmental grants and intradepartmental
transfers............................................ 1,355,100
ADJUSTED GROSS APPROPRIATION........................... $ 370,830,300
Federal revenues:
Federal funds.......................................... 67,954,500
Total federal revenues................................. 67,954,500
Special revenue funds:
Private funds.......................................... 7,771,300
Private - Mann house trust fund........................ 15,000
State parks private funds.............................. 2,500,000
Total private revenues................................. 10,286,300
Cervidae licensing and inspection fees................. 136,900
Clean Michigan initiative fund......................... 29,100
Commercial forest fund................................. 28,600
Fire equipment fund.................................... 663,300
Forest development fund................................ 31,789,400
Forest land user charges............................... 281,500
Forest recreation account.............................. 2,210,300
Game and fish protection fund.......................... 78,493,100
Game and fish protection fund - deer habitat reserve... 2,161,700
Game and fish protection fund - fisheries settlement... 945,100
Game and fish protection fund - turkey permit fees..... 1,079,900
Game and fish protection fund - waterfowl fees......... 159,100
Game and fish protection fund - waterfowl hunt stamp... 3,000,000
Game and fish protection fund - wildlife management
public education fund................................ 1,600,000
Game and fish protection fund - wildlife resource
protection fund...................................... 1,119,600
Game and fish protection fund - youth hunting and
fishing education and outreach fund.................. 96,100
History fees fund...................................... 229,300
Invasive species fund.................................. 30,300
Land exchange facilitation fund........................ 6,101,200
Local public recreation facilities fund................ 1,089,800
Mackinac Island state park fund........................ 1,848,200
Mackinac Island state park operation fund.............. 192,200
Marine safety fund..................................... 3,066,500
Michigan heritage publications fund.................... 38,800
Michigan natural resources trust fund.................. 1,255,300
Michigan state parks endowment fund.................... 27,467,600
Michigan state waterways fund.......................... 21,870,800
Michigan trailways fund................................ 15,400
Museum operations fund................................. 498,000
Nongame wildlife fund.................................. 503,200
Off-road vehicle safety education fund................. 200,200
Off-road vehicle trail improvement fund................ 6,010,600
Park improvement fund.................................. 46,937,200
Permanent snowmobile trail easement fund............... 700,000
Public use and replacement deed fees................... 30,600
Recreation improvement account......................... 1,024,600
Recreation passport fees............................... 3,291,900
Snowmobile registration fee revenue.................... 1,217,300
Snowmobile trail improvement fund...................... 9,033,400
Sportsmen against hunger fund.......................... 51,900
Total other state restricted revenues.................. 256,498,000
State general fund/general purpose..................... $ 36,091,500
Sec. 102. EXECUTIVE OPERATIONS
Full-time equated unclassified positions.......... 6.0
Full-time equated classified positions........... 11.6
Unclassified salaries--6.0 FTE positions............... $ 724,700
Executive direction--11.6 FTE positions................ 2,199,700
Natural resources commission........................... 77,100
GROSS APPROPRIATION.................................... $ 3,001,500
Appropriated from:
Special revenue funds:
Forest development fund................................ 358,500
Forest land user charges............................... 5,000
Forest recreation account.............................. 19,000
Game and fish protection fund.......................... 1,191,300
Game and fish protection fund - deer habitat reserve... 24,400
Game and fish protection fund - turkey permit fees..... 14,400
Game and fish protection fund - waterfowl fees......... 400
Game and fish protection fund - wildlife resource
protection fund...................................... 13,000
Land exchange facilitation fund........................ 20,400
Marine safety fund..................................... 29,800
Michigan natural resources trust fund.................. 1,500
House Bill No. 5313 (H-1) as amended May 6, 2014
Michigan state parks endowment fund.................... 298,500
Michigan state waterways fund.......................... 162,400
Nongame wildlife fund.................................. 5,900
Off-road vehicle trail improvement fund................ 70,300
Park improvement fund.................................. 471,800
Recreation improvement account......................... 3,300
Snowmobile registration fee revenue.................... 10,100
Snowmobile trail improvement fund...................... 19,400
Sportsmen against hunger fund.......................... 100
State general fund/general purpose..................... $ 282,000
Sec. 103. DEPARTMENT INITIATIVES
Full-time equated classified positions.......... [4.0]
Great Lakes restoration initiative..................... $ 5,500,000
Invasive species prevention and control--[4.0] FTE
positions............................................ 3,000,000
Michigan conservation corps............................ 2,500,000
GROSS APPROPRIATION.................................... $ 11,000,000
Appropriated from:
Special revenue funds:
Federal funds.......................................... 5,500,000
State general fund/general purpose..................... $ 5,500,000
Sec. 104. DEPARTMENT SUPPORT SERVICES
Full-time equated classified positions.......... 109.5
Finance and operations--106.5 FTE positions............ $ 17,576,700
Legal services--3.0 FTE positions...................... 458,300
Building occupancy charges............................. 2,720,200
Gifts and pass-through transactions.................... 5,000,000
Rent - privately owned property........................ 488,400
Accounting service center.............................. 1,453,500
GROSS APPROPRIATION.................................... $ 27,697,100
Appropriated from:
Interdepartmental grant revenues:
IDG, land acquisition services-to-work orders.......... 229,100
Federal revenues:
Federal funds.......................................... 232,400
Special revenue funds:
Private funds.......................................... 5,000,000
Clean Michigan initiative fund......................... 29,100
Forest development fund................................ 2,272,600
Forest land user charges............................... 11,500
Forest recreation account.............................. 62,500
Game and fish protection fund.......................... 6,798,200
Game and fish protection fund - deer habitat reserve... 167,000
Game and fish protection fund - turkey permit fees..... 115,700
Game and fish protection fund - waterfowl fees......... 2,900
Game and fish protection fund - wildlife resource
protection fund...................................... 26,500
Land exchange facilitation fund........................ 5,949,700
Local public recreation facilities fund................ 89,800
Marine safety fund..................................... 381,900
Michigan natural resources trust fund.................. 1,231,800
Michigan state parks endowment fund.................... 745,100
Michigan state waterways fund.......................... 457,500
Nongame wildlife fund.................................. 23,000
Off-road vehicle trail improvement fund................ 73,500
Park improvement fund.................................. 1,235,300
Public use and replacement deed fees................... 30,600
Recreation improvement account......................... 16,300
Snowmobile registration fee revenue.................... 50,400
Snowmobile trail improvement fund...................... 117,000
Sportsmen against hunger fund.......................... 400
State general fund/general purpose..................... $ 2,347,300
Sec. 105. COMMUNICATION AND CUSTOMER SERVICES
Full-time equated classified positions.......... 133.8
Marketing and outreach--83.8 FTE positions............. $ 15,173,500
Michigan historical center--35.0 FTE positions......... 3,722,100
Special programs (Mann house)--1.0 FTE positions....... 25,500
Museum stores--6.0 FTE positions....................... 498,000
Archives--8.0 FTE positions............................ 875,800
Michigan wildlife council.............................. 1,600,000
GROSS APPROPRIATION.................................... $ 21,894,900
Appropriated from:
Federal revenues:
Federal funds.......................................... 2,119,400
Special revenue funds:
Private funds.......................................... 390,300
Private - Mann house trust fund........................ 15,000
Forest development fund................................ 130,400
Forest recreation account.............................. 16,200
Game and fish protection fund.......................... 9,565,700
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.................. 92,600
History fees fund...................................... 229,300
Land exchange facilitation fund........................ 45,400
Marine safety fund..................................... 35,100
Michigan heritage publications fund.................... 38,800
Michigan state parks endowment fund.................... 87,800
Michigan state waterways fund.......................... 145,000
Museum operations fund................................. 498,000
Nongame wildlife fund.................................. 10,500
Off-road vehicle safety education fund................. 57,500
Off-road vehicle trail improvement fund................ 30,500
Park improvement fund.................................. 2,563,200
Recreation passport fees............................... 23,500
Snowmobile registration fee revenue.................... 62,200
Snowmobile trail improvement fund...................... 44,700
Sportsmen against hunger fund.......................... 50,800
State general fund/general purpose..................... $ 4,043,000
Sec. 106. WILDLIFE MANAGEMENT
Full-time equated classified positions.......... 226.5
Wildlife management--210.5 FTE positions............... $ 33,945,800
Natural resources heritage--9.0 FTE positions.......... 967,600
State game and wildlife area maintenance--7.0 FTE
positions............................................ 1,225,700
GROSS APPROPRIATION.................................... $ 36,139,100
Appropriated from:
Federal revenues:
Federal funds.......................................... 19,042,200
Special revenue funds:
Private funds.......................................... 186,500
Cervidae licensing and inspection fees................. 84,200
Forest development fund................................ 76,700
Game and fish protection fund.......................... 11,664,000
Game and fish protection fund - deer habitat reserve... 1,837,300
Game and fish protection fund - turkey permit fees..... 884,800
Game and fish protection fund - waterfowl fees......... 152,200
Nongame wildlife fund.................................. 422,800
State general fund/general purpose..................... $ 1,788,400
Sec. 107. FISHERIES MANAGEMENT
Full-time equated classified positions.......... 227.5
Aquatic resource mitigation--2.0 FTE positions......... $ 975,400
Fish production--64.0 FTE positions.................... 10,052,600
Fisheries resource management--161.5 FTE positions..... 20,577,600
Cormorant population mitigation program................ 100,000
GROSS APPROPRIATION.................................... $ 31,705,600
Appropriated from:
Federal revenues:
Federal funds.......................................... 11,061,600
Special revenue funds:
Private funds.......................................... 133,900
Game and fish protection fund.......................... 19,179,400
Game and fish protection fund - fisheries settlement... 945,100
Invasive species fund.................................. 30,300
State general fund/general purpose..................... $ 355,300
Sec. 108. LAW ENFORCEMENT
Full-time equated classified positions.......... 276.0
General law enforcement--276.0 FTE positions........... $ 39,963,800
GROSS APPROPRIATION.................................... $ 39,963,800
Appropriated from:
Federal revenues:
Federal funds.......................................... 5,860,600
Special revenue funds:
Cervidae licensing and inspection fees................. 52,700
Forest development fund................................ 44,600
Forest recreation account.............................. 71,700
Game and fish protection fund.......................... 19,779,900
Game and fish protection fund - wildlife resource
protection fund...................................... 1,039,300
Marine safety fund..................................... 1,318,100
Michigan state parks endowment fund.................... 70,200
Michigan state waterways fund.......................... 21,300
Off-road vehicle safety education fund................. 95,900
Off-road vehicle trail improvement fund................ 1,634,100
Park improvement fund.................................. 71,700
Snowmobile registration fee revenue.................... 666,500
State general fund/general purpose..................... $ 9,237,200
Sec. 109. PARKS AND RECREATION DIVISION
Full-time equated classified positions.......... 887.9
MacMullan conference center--15.0 FTE positions........ $ 1,126,000
Recreational boating--163.5 FTE positions.............. 17,176,700
State parks--661.4 FTE positions....................... 62,347,200
Forest recreation and trails--48.0 FTE positions....... 5,715,700
State park improvement revenue bonds - debt service.... 1,175,700
GROSS APPROPRIATION.................................... $ 87,541,300
Appropriated from:
Interdepartmental grant revenues:
IDG, MacMullan conference center revenue............... 1,126,000
Federal revenues:
Federal funds.......................................... 1,724,100
Special revenue funds:
Private funds.......................................... 421,900
Forest recreation account.............................. 1,969,200
Michigan state parks endowment fund.................... 19,499,300
Michigan state waterways fund.......................... 16,061,800
Michigan trailways fund................................ 15,300
Off-road vehicle safety education fund................. 7,200
Off-road vehicle trail improvement fund................ 1,409,700
Park improvement fund.................................. 41,246,500
Recreation improvement account......................... 328,700
Recreation passport fees............................... 268,400
Snowmobile registration fee revenue.................... 15,600
Snowmobile trail improvement fund...................... 1,431,500
State general fund/general purpose..................... $ 2,016,100
Sec. 110. MACKINAC ISLAND STATE PARK COMMISSION
Full-time equated classified positions........... 15.0
Historical facilities system--13.0 FTE positions....... $ 1,848,200
Mackinac Island park operations--2.0 FTE positions..... 192,200
GROSS APPROPRIATION.................................... $ 2,040,400
Appropriated from:
Special revenue funds:
Mackinac Island state park fund........................ 1,848,200
Mackinac Island state park operation fund.............. 192,200
State general fund/general purpose..................... $ 0
Sec. 111. FOREST RESOURCES DIVISION
Full-time equated classified positions.......... 298.5
Adopt-a-forest program................................. $ 25,000
Best management practices audit for water quality and
forestry............................................. 125,000
Cooperative resource programs--11.0 FTE positions...... 1,328,600
Forest fire equipment.................................. 431,500
Forest management and timber market development--155.0
FTE positions........................................ 23,333,900
Forest management initiatives--8.5 FTE positions....... 838,300
Minerals management--16.0 FTE positions................ 2,782,600
Wildfire protection--108.0 FTE positions............... 13,307,400
GROSS APPROPRIATION.................................... $ 42,172,300
Appropriated from:
Federal revenues:
Federal funds.......................................... 3,104,900
Special revenue funds:
Private funds.......................................... 1,038,700
Commercial forest fund................................. 24,200
Fire equipment fund.................................... 663,300
Forest development fund................................ 27,414,900
Forest land user charges............................... 226,600
Game and fish protection fund.......................... 2,394,800
Michigan state parks endowment fund.................... 2,615,800
Michigan state waterways fund.......................... 50,200
State general fund/general purpose..................... $ 4,638,900
Sec. 112. GRANTS
Dam management grant program........................... $ 350,000
Deer habitat improvement partnership initiative........ 50,000
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................... 1,500,000
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
Off-road vehicle safety training grants................ 29,200
Off-road vehicle trail improvement grants.............. 2,776,400
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.................................... $ 34,974,800
Appropriated from:
Federal revenues:
Federal funds.......................................... 16,884,300
Special revenue funds:
Private funds.......................................... 100,000
Game and fish protection fund.......................... 3,500,000
Game and fish protection fund - deer habitat reserve... 50,000
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................ 2,776,400
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..................... $ 350,000
Sec. 113. INFORMATION TECHNOLOGY
Information technology services and projects........... $ 10,179,600
GROSS APPROPRIATION.................................... $ 10,179,600
Appropriated from:
Special revenue funds:
Commercial forest fund................................. 4,400
Forest development fund................................ 1,491,700
Forest land user charges............................... 38,400
Forest recreation account.............................. 71,700
Game and fish protection fund.......................... 3,919,800
Game and fish protection fund - deer habitat reserve... 83,000
Game and fish protection fund - turkey permit fees..... 65,000
Game and fish protection fund - waterfowl fees......... 3,600
Game and fish protection fund - wildlife resource
protection fund...................................... 40,800
Game and fish protection fund - youth hunting and
fishing education and outreach....................... 3,500
Land exchange facilitation fund........................ 85,700
Marine safety fund..................................... 94,300
Michigan natural resources trust fund.................. 22,000
Michigan state parks endowment fund.................... 1,150,900
Michigan state waterways fund.......................... 397,600
Michigan trailways fund................................ 100
Nongame wildlife fund.................................. 41,000
Off-road vehicle safety education fund................. 10,400
Off-road vehicle trail improvement fund................ 16,100
Park improvement fund.................................. 1,348,700
Recreation improvement account......................... 19,200
Snowmobile registration fee revenue.................... 32,400
Snowmobile trail improvement fund...................... 80,400
Sportsmen against hunger fund.......................... 600
State general fund/general purpose..................... $ 1,158,300
Sec. 114. CAPITAL OUTLAY
(a) STATE PARK AND FOREST AREA IMPROVEMENTS
State parks repair and maintenance..................... $ 9,875,000
Wetland restoration, enhancement and acquisition....... 3,000,000
GROSS APPROPRIATION.................................... $ 12,875,000
Appropriated from:
Special revenue funds:
State park private funds............................... 2,500,000
Game and fish protection fund - waterfowl hunt stamp... 3,000,000
Michigan state parks endowment fund.................... 3,000,000
Recreation passport fees............................... 3,000,000
State general fund/general purpose..................... $ 1,375,000
(b) WATERWAYS BOATING PROGRAM
State harbors and boating access sites:
State infrastructure improvement and land acquisition.. $ 2,200,000
East Tawas state harbor, Iosco County, harbor
renovation, dock replacements, dredging, fueling
station, new electrical/utilities, phase I (total
authorized cost is increased from $70,000 to
$3,120,000; federal share is increased from $0 to
$1,550,000; state share is increased from $70,000 to
$1,570,000).......................................... 3,050,000
Local harbors and boating access sites:
Infrastructure improvements - local projects........... 250,000
Naubinway, Mackinac County, breakwater protection,
dredging, and engineering, phase II (total
authorized cost will increase from $300,000 to
$1,800,000; state share will increase from $210,000
to $1,710,000; local share is $90,000)............... 1,500,000
GROSS APPROPRIATION.................................... $ 7,000,000
Appropriated from:
Federal revenues:
House Bill No. 5313 (H-1) as amended May 6, 2014
Federal funds.......................................... 2,425,000
Special revenue funds:
Michigan state waterways fund.......................... 4,575,000
State general fund/general purpose..................... $ 0
Sec. 115. ONE-TIME BASIS APPROPRIATIONS
Invasive species prevention and control [ ]..... $ 2,000,000
Great Lakes research vessel............................ 2,000,000
GROSS APPROPRIATION.................................... $ 4,000,000
Appropriated from:
Private funds.......................................... 500,000
Game and fish protection fund.......................... 500,000
State general fund/general purpose..................... $ 3,000,000
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
FOR FISCAL YEAR 2014-2015
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 2014-2015 is $292,589,500.00 and state
spending from state resources to be paid to local units of
government for fiscal year 2014-2015 is $5,123,300.00. The itemized
statement below identifies appropriations from which spending to
local units of government will occur:
DEPARTMENT OF NATURAL RESOURCES
GRANTS
House Bill No. 5313 (H-1) as amended May 6, 2014
Dam management grant program........................... $ 175,000
Grants to counties – marine safety..................... 1,207,300
Off-road vehicle safety training grants................ 29,200
Off-road vehicle trail improvement grants.............. 516,000
Recreation improvement fund grants..................... 65,700
Recreation passport local grants....................... 1,000,000
Snowmobile law enforcement grants...................... 380,100
CAPITAL OUTLAY
Waterways boating program.............................. $ 1,750,000
TOTAL.................................................. $ 5,123,300
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 increase for which funds are appropriated in part 1, the department shall report the following to the house and senate appropriations committees, the house and senate fiscal agencies, and the state budget director:
(a) By November 1, 2014, a list of specific benchmarks intended to measure the performance or return on taxpayer investment of the program and its associated expenditures.
(b) By March 1, 2015, an update on the progress of the program and the status of expenditures for the program as measured by those benchmarks.
(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 spending increase on existing programs initiated by the executive branch or the legislature shall include, as part of the original proposal or budget request, a specific list of benchmarks intended to measure the performance or return on taxpayer investment of the program or spending increase.]
Sec. 205. Unless otherwise specified, 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. 206. Appropriations of state restricted game and fish
protection funds have been made in the following amounts to the
following departments and agencies in their respective
appropriation acts:
Legislative auditor general............................ $ 30,100
Attorney general....................................... 838,000
Department of technology, management, and budget....... 565,000
Department of treasury................................. 2,454,000
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, 2015.
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 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, 2014 and September 30, 2015.
Sec. 223. Before January 31, 2015, 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 2013-2014, including the county and
municipality in which each project is located.
House Bill No. 5313 (H-1) as amended May 6, 2014
Sec. 233. On a quarterly basis, the department shall report on
the number of FTEs in pay status by civil service classification to
the senate and house appropriations subcommittees on natural
resources and environment and the senate and house fiscal agencies.
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:
(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
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, 2015 is $46,680,700.00. From this amount, total agency
appropriations for pension-related legacy costs are estimated at
$26,090,800.00. Total agency appropriations for retiree health care
legacy costs are estimated at $20,589,900.00.
DEPARTMENT INITIATIVES
Sec. 251. From the amounts appropriated in part 1 for invasive species prevention and control, the department shall allocate not less than $4,400,000.00 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, 2015, 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
these services, including admission fees. Any unexpended funds may
be carried forward into the next succeeding fiscal year.
Sec. 408. By October 21, 2014, 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, 2014. 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.
Sec. 409. By January 1, 2015, the department shall produce a
report identifying active oil and gas leases entered into before
July 1995 which are larger than 160 acres in size and where the
acreage held in a producing unit is less than or equal to 1/4 of
the total lease acreage.
WILDLIFE DIVISION
Sec. 503. From the funds appropriated in part 1, the
department shall produce a report detailing any efforts undertaken
to enforce the invasive species order on swine raised under the
husbandry of residents of this state. The report shall include fund
sources used and the amount of expenditures and shall be submitted
to the legislature by December 31, 2014.
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 be used only for work directly related to the regulation
of privately owned cervids 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 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.
PARKS AND RECREATION DIVISION
Sec. 702. The department shall notify the house and senate
appropriations subcommittees on natural resources and the house and
senate fiscal agencies if it intends to reduce operations or reduce
recreation opportunities in any state park or recreation area.
FOREST RESOURCES DIVISION
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 2014-2015
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 2013-2014 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,
2015.
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. The funds appropriated in part 1 for best management
practices audit for water quality and forestry shall be used by the
department to work with public and private forestland owners to
conduct site visits and prepare an analysis and audit of statewide
best management practices for water quality and related forest
ecosystems, including native plant and animal species and wildlife
habitat.
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 324.82160, 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, 2014. 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, 2014, 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, 2014.
Sec. 1002. Subject to part 811 of the natural resources and
environmental protection act, 1994 PA 451, MCL 324.81101 to
324.81150, from the funds appropriated in part 1 for off-road
vehicle trail improvements grants, not less than $980,000.00 shall
be spent on the development of new trails in accordance with the
off-road vehicle trail expansion plan submitted to the legislature
pursuant to section 807 of article 14 of 2005 PA 154.
CAPITAL OUTLAY
Sec. 1101. The appropriation made in part 1 for the harbors
and docks program is for the purpose of participating with the
federal government and assisting local units of government, public
colleges and universities, or other governmental entities in this
state with the construction and improvement of recreational boating
facilities within this state. Subject to the approval of the state
administrative board, this money shall be allocated by the
department to the federal government, or to the governmental
entities involved in the particular projects. An allocation shall
not exceed the state portion as listed with each project
description. The department shall take the steps necessary to match
federal money available for the construction and improvement of
recreational boating facilities within the state, and to meet
requirements of the federal government.
Sec. 1102. (1) The director of the department shall allocate
capital outlay lump-sum appropriations to the department made in
part 1 consistent with statutory provisions and the purposes for
which funds were appropriated. Lump-sum allocations shall address
priority program or facility needs and may include, but are not
limited to, design, construction, remodeling and addition, special
maintenance, major special maintenance, energy conservation, and
demolition.
(2) The state budget director may authorize that funds
appropriated for lump-sum appropriations shall be available for no
more than 3 fiscal years following the fiscal year in which the
original appropriation was made. Any remaining balance from
allocations made in this section shall lapse to the fund from which
it was appropriated pursuant to the lapsing of funds as provided in
the management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594.
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.
Sec. 1104. The department shall seek reimbursement from the
United States army corps of engineers for costs related to the
emergency dredging of harbors under the jurisdiction of the corps
of engineers. If the corps of engineers reimburses this state for
any costs incurred from the appropriation for emergency dredging,
the federal revenue shall be deposited in the waterways account of
the Michigan conservation and recreation legacy fund established
under section 40 of article IX of the state constitution of 1963.
PART 2A
PROVISIONS CONCERNING ANTICIPATED APPROPRIATIONS
FOR FISCAL YEAR 2015-2016
GENERAL SECTIONS
Sec. 1201. It is the intent of the legislature to provide
appropriations for the fiscal year ending on September 30, 2016 for
the line items listed in part 1. The fiscal year 2015-2016
appropriations are anticipated to be the same as those for fiscal
year 2014-2015, 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 2015 consensus revenue estimating
conference.
Sec. 1202. It is the intent of the legislature that the
department identify the amounts for normal retirement costs and
legacy retirement costs for the fiscal year ending on September 30,
2016 for the line items listed in part 1.
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, 2015, from the
following funds:
DEPARTMENT OF STATE POLICE
APPROPRIATION SUMMARY
Full-time equated unclassified positions.......... 3.0
Full-time equated classified positions........ 3,070.0
GROSS APPROPRIATION.................................... $ 634,323,000
Total interdepartmental grants and intradepartmental
transfers............................................ 26,233,200
Schedule of interdepartmental grants and
intradepartmental transfers revenue sources:
IDG-MDOC, contract............................ 340,100
IDG-MDOS...................................... 364,500
IDG-MDOT, state trunkline fund............. 11,433,400
IDG-MDTR, casino gaming fees................ 6,134,100
IDG-MDTR, emergency telephone fund
coordinator.................................. 677,000
IDG-MDTR, emergency telephone fund operations. 742,200
IDG, training academy changes............... 2,814,400
IDT, auto theft funds......................... 761,000
IDT, Michigan justice training fund......... 1,050,000
IDT, truck safety fund...................... 1,916,500
ADJUSTED GROSS APPROPRIATION........................... 608,089,800
Total federal revenues................................. 99,429,900
Schedule of federal revenue sources:
DHS........................................ 51,914,400
DOJ........................................ 14,184,700
DOJ interest-bearing........................ 8,141,600
DOT........................................ 23,563,700
Federal investigations - reimbursed
services................................... 1,088,300
Federal narcotics investigation revenues...... 537,200
Total local revenues................................... 4,861,700
Schedule of local revenue sources:
Local - AFIS fees.............................. 82,000
Local - LEIN fees........................... 1,023,500
Local - reimbursed services................. 2,064,700
Local - school bus revenue.................. 1,691,500
Total private revenues................................. 77,200
Schedule of private revenue sources:
Private donations.............................. 77,200
Total other state restricted revenues.................. 124,800,000
Schedule of restricted revenue sources:
Auto theft prevention fund.................. 7,298,700
Concealed weapons enforcement fee............. 100,000
CJIC service fees.......................... 21,560,400
Drunk driving prevention and training fund.. 1,445,600
Forensic science reimbursement fees......... 1,525,600
Forfeiture funds............................... 99,100
Hazardous materials training center fees.... 1,183,200
Highway safety fund........................ 13,624,300
Licensing fees.................................. 9,100
Michigan justice training fund.............. 8,491,600
Michigan merit award trust fund............... 793,900
Motor carrier fees.......................... 4,687,600
Narcotics investigation revenue............... 814,600
Nuclear plant emergency planning
reimbursement.............................. 2,671,900
Precision driving track fees.................. 323,500
Reimbursed services........................... 752,900
Rental of department aircraft.................. 59,400
Secondary road patrol and training fund.... 12,275,900
Sex offenders registration fund............... 609,800
State forensic laboratory fund.............. 1,767,600
State police service fees................... 2,288,700
State services fee fund..................... 7,990,900
Tobacco tax revenue......................... 4,438,600
Traffic crash revenue......................... 335,400
Traffic law enforcement and safety fund.... 26,732,000
Trooper school recruitment fund............... 901,100
Truck driver safety fund.................... 2,018,600
State general fund/general purpose..................... $ 378,921,000
State general fund/general purpose schedule:
Ongoing state general fund/general purpose........... 366,123,500
One-time state general fund/general purpose.......... 12,797,500
Sec. 102. EXECUTIVE AND DEPARTMENTAL SERVICES
Full-time equated unclassified positions.......... 3.0
Full-time equated classified positions.......... 124.0
Unclassified positions................................. $ 724,700
Executive and departmental services.................... 89,788,500
Schedule of programs:
State executive security.................... 5,142,600
Departmental services...................... 84,645,900 ______________
GROSS APPROPRIATION..................................... $ 90,513,200
Appropriated from:
IDG/IDT revenues....................................... 1,407,300
Federal revenues....................................... 9,858,100
Local revenues......................................... 1,117,300
State restricted revenues.............................. 19,415,100
State general fund/general purpose..................... $ 58,715,400
Sec. 103. LAW ENFORCEMENT SERVICES
Full-time equated classified positions.......... 484.0
Law enforcement services............................... $ 86,776,200
Schedule of programs:
Criminal justice information systems......... 15,880,900
Commission on law enforcement standards.... 10,063,600
Training................................... 12,675,900
Scientific analysis and identification..... 48,155,800 ______________
GROSS APPROPRIATION.................................... $ 86,776,200
Appropriated from:
IDG/IDT revenues....................................... 5,508,100
Federal revenues....................................... 9,077,700
State restricted revenues.............................. 34,529,000
State general fund/general purpose..................... $ 37,661,400
Sec. 104. FIELD SERVICES
Full-time equated classified positions........ 1,971.0
Field services......................................... $ 302,480,700
Schedule of programs:
General law enforcement and traffic
safety................................... 241,349,700
Criminal investigation..................... 61,131,000 ______________
GROSS APPROPRIATION.................................... $ 302,480,700
Appropriated from:
IDG/IDT revenues....................................... 6,717,200
Federal revenues....................................... 7,719,500
Local revenues......................................... 2,064,700
State restricted revenues.............................. 47,802,000
State general fund/general purpose..................... $ 238,177,300
Sec. 105. SPECIALIZED SERVICES
Full-time equated classified positions.......... 491.0
Specialized services................................... $ 140,505,400
Schedule of programs:
Special operations......................... 26,124,700
Commercial vehicle enforcement............. 27,704,900
Highway safety planning.................... 27,197,500
Emergency management and homeland security. 59,478,300 ______________
GROSS APPROPRIATION.................................... $ 140,505,400
Appropriated from:
Interdepartmental grant revenues....................... 12,600,600
Federal revenues....................................... 72,774,600
Local revenues......................................... 1,679,700
Private revenues....................................... 77,200
State restricted revenues.............................. 21,803,900
State general fund/general purpose..................... $ 31,569,400
Sec. 106. ONE-TIME APPROPRIATIONS
One-time appropriations................................ $ 14,047,500
Schedule of programs:
Trooper school.............................. 5,700,000
Emergency support team vehicles............... 225,000
Motor carrier school........................ 2,022,300
LEIN language conversion...................... 350,000
Electronic warrant system..................... 750,000
School safety technology and equipment
grants..................................... 4,999,900
Aviation support.................................. 100
Supplemental 9-1-1 database....................... 100
Local law enforcement technology and equipment
grants........................................... 100 ______________
GROSS APPROPRIATION.................................... $ 14,047,500
Appropriated from:
State restricted revenues............................... 1,250,000
State general fund/general purpose...................... $ 12,797,500
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
FOR FISCAL YEAR 2014-2015
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 2014-2015 is $503,721,000.00 and state
spending from state resources to be paid to local units of
government for fiscal year 2014-2015 is $20,205,700.00. The
itemized statement below identifies appropriations from which
spending to local units of government will occur:
DEPARTMENT OF STATE POLICE
Law enforcement services............................... $ 3,576,400
Schedule of programs:
Commission on law enforcement standards..... 3,576,400
Specialized services................................... $ 11,629,200
Schedule of programs:
Special operations............................ 673,800
Highway safety planning.................... 10,955,400
One-time appropriations................................ $ 5,000,100
Schedule of programs:
School safety technology and equipment
grants..................................... 5,000,000
Local law enforcement technology and
equipment grants................................. 100
TOTAL.................................................. $ 20,205,700
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) "AFIS" means the automated fingerprint identification
system.
(b) "CFDA" means catalog of federal domestic assistance.
(c) "CJIC" means the criminal justice information center.
(d) "CJIS" means criminal justice information systems.
(e) "Core service" means that phrase as defined in section 373
of the management and budget act, 1984 PA 431, MCL 18.1373.
(f) "Department" means the department of state police.
(g) "DHS" means the United States department of homeland
security.
(h) "DNA" means deoxyribonucleic acid.
(i) "DOJ" means the United States department of justice.
(j) "DOT" means the United States department of
transportation.
(k) "DTMB" means the department of technology, management, and
budget.
(l) "FEMA" means the federal emergency management agency.
(m) "FTE" means full-time equated.
(n) "IDG" means interdepartmental grant.
(o) "IDT" means intradepartmental transfer.
(p) "LEIN" means the law enforcement information network.
(q) "MCOLES" means Michigan commission on law enforcement
standards.
(r) "MDCH" means the Michigan department of community health.
(s) "MDOC" means the Michigan department of corrections.
(t) "MDOS" means the Michigan department of state.
(u) "MDOT" means the Michigan department of transportation.
(v) "MDTR" means the Michigan department of treasury.
(w) "MPSCS" means Michigan public safety communications
system.
(x) "Subcommittees" means all members of the subcommittees of
the senate and house standing committees on appropriations with
jurisdiction over the budget for the department.
(y) "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. 205. (1) The following shall constitute the
appropriations from part 1 for interdepartmental grant funds made
from the department to other departments:
Attorney general - operations.......................... $ 352,700
Attorney general – justice training grant.............. $ 162,900
Environmental quality.................................. $ 1,312,800
Judiciary – justice training grant..................... $ 814,400
Military and veterans affairs.......................... $ 100,000
DTMB – building occupancy charges...................... $ 7,105,900
DTMB – accounting service center....................... $ 1,045,700
DTMB – information technology.......................... $ 23,903,400
(2) 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. 205a. Federal DHS revenue appropriated in part 1 may be
received from, but is not limited to, the following programs:
homeland security grant program (CFDA 97.067), national incident
management system (CFDA 97.107), buffer zone protection plan (CFDA
97.078), pre-disaster mitigation (CFDA 97.047), emergency
management performance grants (CFDA 97.042), hazard mitigation
(CFDA 97.039), disaster grants – public assistance (CFDA 97.036),
flood mitigation assistance (CFDA 97.029), and applied
meteorological research (CFDA 11.468).
Sec. 205b. Federal DOJ revenue appropriated in part 1 may be
received from, but is not limited to, the following programs:
national criminal history improvement program (CFDA 16.554), public
safety partnership and community policing (CFDA 16.710), violence
against women grants (CFDA 16.588), Paul Coverdell forensic
sciences improvement grant (CFDA 16.742), DNA backlog reduction
grants (CFDA 16.741), missing children's assistance program (CFDA
16.543), domestic cannabis eradication and suppression, bulletproof
vest partnership (CFDA 16.609), project safe neighborhoods (CFDA
16.609), Edward Byrne memorial justice assistance grants (CFDA
16.738), enforcing underage drinking laws program (CFDA 16.727),
the residential substance abuse treatment for state prisoners grant
program (CFDA 16.593), and the high intensity drug trafficking
areas program (CFDA 95.001).
Sec. 205c. Federal DOT revenue appropriated in part 1 may be
received from, but is not limited to, the following programs: state
and community highway safety (CFDA 20.600), motor carrier safety
assistance (CFDA 20.218), new entrant safety assurance program
(CFDA 20.218), and border enforcement grant program (CFDA 20.233).
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. 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:
(a) "Small business" means that term as defined in section 7a
of the administrative procedures act of 1969, 1969 PA 306, MCL
24.207a.
(b) "Veteran" means that term as defined in section 261 of the
management and budget act, 1984 PA 431, MCL 18.1261.
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. 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 this part or 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 or in the amounts listed.
(3) The secondary road patrol funding is not subject to
funding flexibility and shall be funded in accordance with section
629e of the Michigan vehicle code, 1949 PA 300, MCL 257.629e.
(4) Any funding required by statute is not subject to funding
flexibility and shall be funded in accordance with that statute.
Sec. 217. The department shall improve its budgetary
efficiency pertaining to the delivery of core services by doing all
of the following:
(a) Prioritizing personnel over buildings in budgetary
efficiency considerations.
(b) Pursuing the physical or virtual consolidation of support
service functions such as information technology, human resources,
and accounting as a means of improving standardization and
efficiency.
(c) Seeking expenditure reductions whenever possible through
the streamlining of existing service delivery activities.
(d) Identifying efficiencies that can be gained via the
reduction or elimination of programs, policies, and practices.
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. 219. (1) The department shall provide quarterly reports
to the subcommittees, the senate and house fiscal agencies, and the
state budget office that provide the following data:
(a) A list of major work projects, including the status of
each project.
(b) The department's financial status, featuring a report of
budgeted versus actual expenditures by part 1 line item including a
year-end projection of budget requirements. If projected department
budget requirements exceed the allocated budget, the report shall
include a plan to reduce overall expenses while still satisfying
specified service level requirements.
(c) A report on the performance metrics cited or required to
be reported in this part.
(2) The department shall provide all information necessary to
validate that the requirements of this part have been achieved.
(3) 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 correction action
plans.
(4) The department shall provide 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 on a quarterly basis to the subcommittees and the senate
House Bill No. 5313 (H-1) as amended May 6, 2014
and house fiscal agencies.
[Sec. 219a. (1) For each new program or program increase for which funds are appropriated in part 1, the department shall report the following to the house and senate appropriations committees, the house and senate fiscal agencies, and the state budget director:
(a) By November 1, 2014, a list of specific benchmarks intended to measure the performance or return on taxpayer investment of the program and its associated expenditures.
(b) By March 1, 2015, an update on the progress of the program and the status of expenditures for the program as measured by those benchmarks.
(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 spending increase on existing programs initiated by the executive branch or the legislature shall include, as part of the original proposal or budget request, a specific list of benchmarks intended to measure the performance or return on taxpayer investment of the program or spending increase.]
Sec. 221. 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) General law enforcement and traffic safety.
(b) Criminal investigations.
(c) Special operations.
(d) Criminal justice information systems.
(e) State executive security.
(f) Emergency management and homeland security.
(g) Highway safety planning.
(h) Commercial vehicle enforcement.
(i) Scientific analysis and identification.
(j) Training.
(k) Commission on law enforcement standards.
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 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 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, 2014 and
September 30, 2015.
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. 232. The department shall serve as an active liaison
between the DTMB and state, local, regional, and federal public
safety agencies to establish interoperability standards to ensure
effective communication among public safety agencies and to
facilitate the use of the MPSCS towers by those local public safety
agencies that have an interest in using the towers as a part of
their communication system. The department shall also report user
issues to the DTMB.
Sec. 233. Total authorized appropriations from all sources
under part 1 for legacy costs for the fiscal year ending September
30, 2015 are $121,652,900.00. From this amount, total agency
appropriations for pension-related legacy costs are estimated at
$66,300,300.00, and total agency appropriations for retiree health
care legacy costs are estimated at $55,352,600.00.
Sec. 234. From the funds appropriated in part 1, $500,000.00
shall be expended to support the urban search and rescue task
force.
Sec. 235. The department shall initiate discussions with the
city of Wayland regarding a potential partnership between the city
and the department for a joint public safety building located in
the city. The department shall examine the feasibility and
financial costs and benefits to the state for leasing space at that
facility. The department shall provide a status report to the
subcommittees, the senate and house appropriations subcommittees on
general government, the senate and house fiscal agencies, and the
state budget office no later than December 1, 2014.
EXECUTIVE AND DEPARTMENTAL SERVICES
Sec. 301. (1) From the funds appropriated in part 1, there is
funding to support unclassified employee positions as provided
under section 5 of article XI of the state constitution of 1963 and
section 455 of the management and budget act, 1984 PA 431, MCL
18.1455. These positions include the following: department
director, chief administrative officer, and executive director of
the Michigan commission on law enforcement standards.
(2) Not less than 30 days prior to the department submitting a
request for an additional unclassified employee position from the
civil service commission, or for any substantive change to the
duties of an existing unclassified employee position, the
department shall notify the subcommittees and the senate and house
fiscal agencies.
DEPARTMENTAL SERVICES
Sec. 302. From the funds appropriated in part 1, the
department shall provide for the following:
(a) Executive administration of the department, as provided
under 1935 PA 59, MCL 28.1 to 28.16, and chapter 7 of the executive
organization act of 1965, 1965 PA 380, MCL 16.250 to 16.258.
(b) Administrative support for department operations, as
provided under the management and budget act, 1984 PA 431, MCL
18.1101 to 18.1594, and in compliance with the state of Michigan
financial management guide and the administrative guide to state
government.
(c) Oversight and administration of 9-1-1 operations
statewide, as provided under the emergency 9-1-1 service enabling
act, 1986 PA 32, MCL 484.1101 to 484.1717.
(d) The operations of the automobile theft prevention
authority, as provided under chapter 61 of the insurance code of
1956, 1956 PA 218, MCL 500.6101 to 500.6111.
(e) Administration of the Edward Byrne memorial justice
assistance program established under 42 USC 3751(a), and other
programs transferred to the department, as provided under Executive
Reorganization Order No. 2009-29, MCL 28.91.
STATE EXECUTIVE SECURITY
Sec. 303. From the funds appropriated in part 1 for state
executive security, the department shall provide for the security
needs of the state capitol complex and other state properties as
provided under section 6c of 1935 PA 59, MCL 28.6c. The department
shall also provide for the protection of the governor and visiting
dignitaries to the state.
Sec. 303a. The department shall dedicate a minimum of 35,000
patrol hours for the state capitol complex facilities.
LAW ENFORCEMENT SUPPORT
TRAINING
Sec. 401. (1) The department shall exercise the authority,
powers, functions, and responsibilities concerning the instruction
and training of law enforcement officers of the state, counties,
and local municipalities as provided under 1925 PA 211, MCL 28.221
to 28.225.
(2) The department shall provide for the effective
recruitment, selection, and hiring of qualified applicants for all
positions within the department. As part of its recruitment
efforts, the department shall, to the extent consistent with its
hiring standards and applicable civil service rules, place an
emphasis on recruiting MCOLES-certified police officers for its
recruit schools, particularly those officers who are on layoff and
possess a valid MCOLES license.
Sec. 401a. (1) The department shall provide the following
performance data as provided under section 219:
(a) The number of state and local law enforcement and other
criminal justice employees receiving MSP-provided instruction, with
an annual goal of at least 10,000 individuals.
(b) The average classroom occupancy rate, with an annual goal
of 55%.
(c) The number of community members provided educational
opportunities for personal and professional growth, with a goal of
a minimum of 3,000 community members.
(2) Beginning October 1, the department shall submit a report
to the subcommittees and the senate and house fiscal agencies
within 60 days of the conclusion of any trooper or motor carrier
recruit school. The report shall include the following:
(a) The number of veterans and the number of MCOLES-certified
police officers who commenced that trooper recruit school.
(b) The number of veterans and the number of MCOLES-certified
police officers who concluded that trooper recruit school.
(c) The devices or campaigns that were used to specifically
recruit veterans and MCOLES-certified police officers for that
trooper recruit school.
(d) The number of recruits who began the school, the number of
recruits who graduated, and the cities or posts in which each of
these recruits is assigned or stationed.
Sec. 402. The department shall exercise the authority, powers,
functions, and responsibilities concerning the provision of
specialized traffic safety-support services under the following
program authorities:
(a) Section 625h of the Michigan vehicle code, 1949 PA 300,
MCL 257.625h, and R 325.2651 to R 325.2659 of the Michigan
administrative code.
(b) Sections 628, 651, and 675 of the Michigan vehicle code,
1949 PA 300, MCL 257.628, 257.651, and 257.675.
(c) Section 658 of the Michigan vehicle code, 1949 PA 300, MCL
257.658, and R 28.951 to R 28.961 of the Michigan administrative
code.
(d) Section 710a of the Michigan vehicle code, 1949 PA 300,
MCL 257.710a, and R 28.901 to R 28.911 of the Michigan
administrative code.
(e) Section 1 of 1956 PA 62, MCL 257.951, and R 28.1001 to R
28.2075 of the Michigan administrative code.
(f) Section 727c of the Michigan vehicle code, 1949 PA 300,
MCL 257.727c.
(g) Section 608 of the Michigan vehicle code, 1949 PA 300, MCL
257.608.
COMMISSION ON LAW ENFORCEMENT STANDARDS
Sec. 404. MCOLES shall exercise the authority, powers,
functions, and responsibilities as provided under the following
authorities:
(a) The commission on law enforcement standards act, 1965 PA
203, MCL 28.601 to 28.616, and R 28.14101 to R 28.14702 of the
Michigan administrative code.
(b) 1982 PA 302, MCL 18.421 to 18.429, and R 28.14901 to R
28.14910 of the Michigan administrative code.
(c) Executive Reorganization Order No. 2001-2, as amended by
Executive Reorganization Order No. 2008-3, MCL 28.621.
(d) The railroad code of 1993, 1993 PA 354, MCL 462.101 to
462.451.
(e) The private security business and security alarm act, 1968
PA 330, MCL 338.1051 to 338.1092.
(f) Section 5v of 1927 PA 372, MCL 28.425v.
(g) 42 USC 3796gg and 28 CFR part 90, to the extent MCOLES
receives grant assistance from the DOJ.
(h) The public safety officers benefit act, 2004 PA 46, MCL
28.631 to 28.638, and R 28.14951 to R 28.14966 of the Michigan
administrative code.
Sec. 404a. (1) MCOLES shall provide information on the
following at the time it submits a report under section 7 of the
commission on law enforcement standards act, 1965 PA 203, MCL
28.607.
(a) The number of licensed police officers, by the type of law
enforcement agency.
(b) The number of new police officer licenses issued.
(c) The number of police officer license revocations.
(2) MCOLES shall provide biannual summary data on justice
training fund grants provided under section 3 of 1982 PA 302, MCL
18.423.
CRIMINAL JUSTICE INFORMATION SYSTEMS
Sec. 405. The department shall exercise its general authority,
powers, functions, and responsibilities concerning CJIS
applications and databases in accordance with the following program
authorities:
(a) 1925 PA 289, MCL 28.241 to 28.248.
(b) The C.J.I.S. policy council act, 1974 PA 163, MCL 28.211
to 28.215.
(c) Executive Reorganization Order No. 2008-2, MCL 28.162.
(d) Executive Order No. 2011-7.
(e) R 28.5101 to R 28.5414 of the Michigan administrative
code.
(f) 1935 PA 86, MCL 28.261 to 28.262.
(g) 1935 PA 120, MCL 28.271 to 28.273.
(h) 1945 PA 294, MCL 28.411 to 28.413.
(i) To the extent federal grant assistance is received, the
national criminal history improvement program authorized under the
crime technology improvement act of 1998, 42 USC 3732, and related
statutes to improve the accuracy, quality, timeliness,
accessibility, and integration of its CJIS applications and
databases.
Sec. 405a. 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.
Sec. 406. The department shall exercise the authority, powers,
functions, and responsibilities concerning the uniform system of
reporting crimes and the compilation of crime statistics in
accordance with the following program authorities:
(a) 1968 PA 319, MCL 28.251 to 28.259.
(b) 28 USC 534, to the extent necessary to comply with the
federal-state uniform crime reporting (UCR) program and the
national incident-based report system (NIBRS) established by the
federal bureau of investigation pursuant to 28 CFR 0.85.
Sec. 406a. The department shall publish annual Michigan crime
statistics consistent with the UCR and NIBRS programs and notify
the subcommittees when the data are published on the department's
website.
Sec. 407. The department shall process requests for public
records as provided under the freedom of information act, 1976 PA
442, MCL 15.231 to 15.246.
Sec. 407a. By December 1, the department shall provide the
following information for the prior fiscal year:
(a) The number of public records requests received.
(b) The number of public records requests fulfilled.
(c) The number of public records requests denied.
(d) The total amount of fees received for fulfilled requests.
Sec. 408. The department shall exercise the authority, powers,
functions, and responsibilities concerning the compilation and
evaluation of traffic crash reports in accordance with the
following program authorities:
(a) Section 622 of the Michigan vehicle code, 1949 PA 300, MCL
257.622.
(b) Section 82132 of the natural resources and environmental
protection act, 1994 PA 451, MCL 324.82132.
(c) Section 81143 of the natural resources and environmental
protection act, 1994 PA 451, MCL 324.81143.
(d) The fatality analysis reporting system, as developed by
the national highway traffic safety administration.
(e) The federal moving ahead for progress in the 21st century
act, 23 USC 405, to the extent grant assistance is received to
improve the timeliness, accuracy, completeness, uniformity,
integration, and accessibility of state traffic safety data.
Sec. 408a. (1) The department shall provide data on the number
of traffic crash reports (FORM UD-1o) submitted to the department
as provided under section 219.
(2) The department 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. 409. The department shall exercise the authority, powers,
functions, and responsibilities concerning the maintenance and
dissemination of criminal history records and juvenile records in
accordance with the following program authorities:
(a) 1925 PA 289, MCL 28.241 to 28.248.
(b) 1935 PA 120, MCL 28.271 to 28.273.
(c) 28 USC 534, to the extent necessary to exchange criminal
history records information for criminal justice purposes.
(d) 28 CFR part 20, to the extent necessary to exchange
criminal history records information with the federal bureau of
investigation and other states through the interstate
identification index, the national crime information center, and
other federal CJIS databases and indices.
(e) The criminal justice information security policy, as
developed and approved by the federal bureau of investigation and
the federal CJIS advisory policy board.
(f) Public Law 92-544, 28 USC 534 note, and Michigan statutes
approved under that act, to the extent necessary to exchange
criminal history records information for employment and licensing
purposes.
(g) The national crime prevention and compact act of 1998, 42
USC 14611 to 14616, 28 CFR chapter IX, and 2008 PA 493, MCL 3.1051
to 3.1053, to exchange criminal history records information for
non-criminal-justice purposes.
Sec. 409a. The department shall provide information on the
number of fingerprint checks processed and background checks
processed through the Internet criminal history access tool (ICHAT)
as provided in section 219.
Sec. 410. The department shall exercise the authority, powers,
functions, and responsibilities concerning the maintenance of
records, including criminal history records checks, regarding
firearms licensure as provided under the following program
authorities:
(a) 1927 PA 372, MCL 28.421 to 28.435.
(b) The federal gun control act, 18 USC chapter 44.
(c) 28 CFR part 25, subpart A, to the extent necessary to
ensure compliance with the national instant criminal background
check system.
Sec. 411. The department shall exercise the authority, powers,
functions, and responsibilities concerning the registration of sex
offenders in accordance with the following program authorities:
(a) Sex offenders registration act, 1994 PA 295, MCL 28.721 to
28.736.
(b) The sex offender registration and notification act, 42 USC
16901 to 16962.
(c) 28 CFR part 72.
(d) Guidelines interpreting and implementing the sex offender
registration and notification act approved by the United States
attorney general pursuant to 42 USC 16912 on July 2, 2008 and
January 11, 2009.
Sec. 411a. (1) The department shall provide the following
information as provided in section 219:
(a) The total number of active registered sex offenders in the
law enforcement sex offender database, by offense tier level and
incarceration status.
(b) The total number of active registered sex offenders in the
public sex offender registry, by offense tier level and
incarceration status.
(2) The sex offender registry unit shall follow up on tips
assigned to law enforcement agencies within 10 working days.
SCIENTIFIC ANALYSIS AND IDENTIFICATION
Sec. 412. (1) The department shall exercise the authority,
powers, functions, and responsibilities concerning the operation of
the department's forensic laboratories as provided under the
following program authorities:
(a) The forensic laboratory funding act, 1994 PA 35, MCL
12.201 to 12.211.
(b) Section 625a of the Michigan vehicle code, 1949 PA 300,
MCL 257.625a, section 190 of 1945 PA 327, MCL 259.190, and R
325.2671 to R 325.2675 of the Michigan administrative code.
(c) The Paul Coverdell national sciences improvement act of
2000, 42 USC 3797j to 3797o, to the extent federal grant assistance
is received.
(2) The department shall ensure its ability to maintain
accreditation by the American society of crime laboratory
directors/laboratory accreditation board (ASCLD/LAB).
Sec. 412a. (1) The department shall provide forensic science
services with an average turnaround time of 55 days and shall
achieve a goal of a 30-day average turnaround time across all
forensic science disciplines by December 31, 2016.
(2) The department shall provide the following data as
provided in section 219:
(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. 413. (1) The department shall exercise the authority,
powers, functions, and responsibilities concerning the forensic
testing and profiling of DNA evidence and samples as provided under
the following program authorities:
(a) The DNA identification profiling system act, 1990 PA 250,
MCL 28.171 to 28.176, and R 28.5051 to R 28.5059 of the Michigan
administrative code.
(b) The DNA identification act, 42 USC 14131 to 14137c.
(c) Any applicable grant requirements pursuant to the DNA
backlog reduction grant program established by the DOJ national
institute of justice, to the extent federal funding is received
under that program.
(d) 42 USC 3796gg and 28 CFR part 90, to the extent federal
funding is received for the forensic testing and profiling of DNA
evidence.
(2) If changes are made to the department's protocol for
retaining and purging DNA analysis samples and records, the
department shall post a copy of the protocol changes on the
department's website.
Sec. 414. The department shall exercise the authority, powers,
functions, and responsibilities concerning maintenance of the
automated fingerprint identification system and the statewide
network of agency photographs in accordance with the following
program authorities:
(a) 1925 PA 289, MCL 28.241 to 28.248.
(b) The C.J.I.S policy council act, 1974 PA 163, MCL 28.211 to
28.215.
(c) Executive Reorganization Order No. 2008-2, MCL 28.162.
(d) Executive Order No. 2011-7.
(e) R 28.5101 to R 28.5414 of the Michigan administrative
code.
(f) 28 USC 534 and 28 CFR part 20, to the extent necessary to
exchange criminal record information and fingerprint data through
the interstate identification index and the national fingerprint
file.
Sec. 414a. The department shall provide data on the number of
10-print and palm-print submissions to the AFIS database, with a
goal of at least 97% of submissions provided electronically as
provided in section 219.
FIELD SERVICES
GENERAL LAW ENFORCEMENT AND TRAFFIC SAFETY
Sec. 501. (1) The department shall exercise the authority,
powers, functions, and responsibilities in enforcing the criminal
and civil laws of this state, including the enforcement of traffic
laws, as provided under 1935 PA 59, MCL 28.1 to 28.16.
(2) 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.
(3) 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 protecting every citizen of this state from
harm.
(4) The department shall respond to potential and imminent
threats to this state's facilities, systems, and property, and
large-scale recreational and major public events.
(5) The department shall provide traffic control for events at
Michigan international speedway.
Sec. 501a. (1) The department shall maintain the staffing and
resources necessary to make traffic contacts per patrol hours
commensurate with the service level and contact areas exhibited in
fiscal year 2010-2011. There shall be no degradation of road patrol
services to any region of this state.
(2) 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 300,000 hours to
statewide patrol, of which a minimum of 24,000 shall be committed
to distressed cities in this state, and 4,000 shall be committed to
Belle Isle.
(3) The department shall maintain the staffing and resources
necessary to perform activities to maintain a 93% compliance rate
for reporting by registered sex offenders.
(4) The department shall submit a report on or before December
1 to the subcommittees and the senate and house fiscal agencies
regarding the secure cities initiative during the prior fiscal
year. The report shall include, but is not limited to, statistics
regarding criminal activity, including the number of arrests made
by troopers assigned to the cities in distress, the number of
traffic stops made by troopers assigned to cities in distress, the
number of parole or probation violators arrested by troopers
assigned to cities in distress, the number of violent and
assaultive crimes committed in the cities in distress, the number
of illegal drug and narcotic crimes committed in the cities in
distress, and the number of property crimes committed in the cities
in distress.
(5) From the funds appropriated in part 1 for security at
events, the department shall maintain the ability to support the
cost of 7,000 overtime hours or the financial equivalent of 7,000
overtime hours in terms of overtime, fuel, equipment, and other
costs for providing additional show-of-force, enforcement, or
traffic safety efforts during major public events within this
state.
(6) The department shall report the number of traffic control
hours provided in support of events held at Michigan international
speedway.
CRIMINAL INVESTIGATIONS
Sec. 502. The department shall identify and apprehend
criminals through criminal investigations in this state, as
provided by law, including the following authorities:
(a) 1935 PA 59, MCL 28.1 to 28.16.
(b) The tobacco products tax act, 1993 PA 327, MCL 205.421 to
205.436.
(c) The Michigan gaming control and revenue act, 1996 IL 1,
MCL 432.201 to 432.226.
(d) The fire investigation and criminal enforcement provisions
under sections 6 and 7 of the fire prevention code, 1941 PA 207,
MCL 29.6 and 29.7.
Sec. 502a. (1) The department shall maintain the staffing and
resources necessary to provide 315,627 hours investigating crimes.
(2) The department shall maintain the staffing and resources
necessary to annually meet or exceed a case clearance rate of 56%,
with the goal of achieving a 60% clearance rate by September 30,
2015.
(3) The department shall maintain a tobacco tax enforcement
unit that will dedicate a minimum of 16,600 hours to tobacco tax
enforcement.
(4) The department shall annually provide 4 training
opportunities to local law enforcement partners with the goal of
increasing their knowledge of gambling laws, trends, and legal
issues.
(5) The department shall submit an annual report on December 1
to the subcommittees, the senate and house appropriations
subcommittees on general government, and the senate and house
fiscal agencies that details expenditures and activities related to
tobacco tax enforcement for the prior fiscal year.
(6) The department shall maintain the staffing and resources
necessary to maintain readiness to respond appropriately to at
least the number of requests for fire investigation services that
occurred in fiscal year 2010-2011 and shall be available for call
out statewide 100% of the time.
SPECIALIZED SERVICES
SPECIAL OPERATIONS
Sec. 601. (1) The department shall provide specialized
services in support of, and to enhance, local, state, and federal
law enforcement operations within this state in accordance with all
applicable state and federal laws and regulations.
(2) The department shall operate the Michigan intelligence
operation center for homeland security as the state's primary
federally designated fusion center to receive, analyze, gather, and
disseminate threat-related information among federal, state, local,
tribal, and private sector partners, as provided under Executive
Order No. 2012-5.
(3) 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.
(4) 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 seek to increase the number of
public and private sector contacts which receive vital homeland
security information and intelligence in order to enhance the
safety and security for citizens of this state.
Sec. 601a. (1) 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.
(2) The canine unit shall be available for call out statewide
100% of the time.
(3) The bomb squad unit shall be available for call out
statewide 100% of the time.
(4) The emergency support teams shall be available for call
out statewide 100% of the time.
(5) The underwater recovery unit shall be available for call
out statewide 100% of the time.
(6) Aviation services shall be available for call out
statewide 100% of the time, unless prohibited by weather or
unexpected mechanical breakdowns.
COMMERCIAL VEHICLE ENFORCEMENT
Sec 602. The department shall exercise the authority, powers,
functions, and responsibilities concerning commercial vehicle
enforcement as provided under the following program authorities:
(a) Section 6d of 1935 PA 59, MCL 28.6d.
(b) Executive Reorganization Order No. 1982-1, MCL 28.21.
(c) The vehicle size, weight, and load requirements under
sections 716 to 750 of the Michigan vehicle code, 1949 PA 300, MCL
257.716 to 257.750, and 23 USC 127, 49 USC 31111, 49 USC 31113, and
23 CFR part 658.
(d) The size and weight enforcement certification requirements
under 23 USC 141 and 23 CFR part 657.
(e) The operating authority provisions of the motor carrier
act, 1933 PA 254, MCL 475.1 to 479.43, and R 460.18101 to R
460.19301 of the Michigan administrative code.
(f) The unified carrier registration provisions under section
7 of article IV of the motor carrier act, 1933 PA 254, MCL 487.7,
the unified carrier registration act of 2005, 49 USC 14504a, and 49
CFR 367.30.
(g) The motor carrier fuel tax act, 1980 PA 119, MCL 207.211
to 207.234.
(h) The international fuel tax agreement entered into by the
state under section 2a of the motor carrier fuel tax act, 1980 PA
119, MCL 207.212a.
(i) The motor fuel tax act, 2000 PA 403, MCL 207.1001 to
207.1170.
(j) The vehicle registration provisions of chapters II and VII
of the Michigan vehicle code, 1949 PA 300, MCL 257.201 to 257.259
and 257.801 to 257.821.
(k) The international registration plan entered into by the
state under section 801g of the Michigan vehicle code, 1949 PA 300,
MCL 257.801g.
(l) The motor carrier safety act, 1963 PA 181, MCL 480.11 to
480.25, as well as applicable federal motor carrier safety
regulations adopted by the federal motor carrier safety
administration and applicable hazardous materials regulations
adopted by the federal pipeline and hazardous materials safety
administration.
(m) The commercial driver's license provisions of chapter III
of the Michigan vehicle code, 1949 PA 300, MCL 257.301 to 257.329,
and 49 USC 31311, 49 CFR part 383, and 49 CFR part 384.
(n) Section 25 of 1951 PA 51, MCL 247.675.
Sec. 602a. The department shall provide the following
information by January 1 for the prior fiscal year:
(a) The number of oversize violations.
(b) The number of overweight violations.
(c) The number of vehicles weighed by scale type.
(d) The number of citations and the estimated amount of civil
fines by type of overweight violation.
Sec. 603. The department shall exercise the authority, powers,
functions, and responsibilities concerning commercial motor vehicle
safety inspections to the extent the department receives funding
through the following federal programs:
(a) The federal motor carrier safety assistance program, as
authorized under 49 USC 31102 and 49 CFR part 350.
(b) The border enforcement grant program established under 49
USC 31107.
(c) The new entrant safety assurance program established under
section 32102 of the moving ahead for progress in the 21st century
act, 49 USC 31144(g), 49 CFR 350.21, and 49 CFR part 385 subpart D.
Sec. 603a. The department shall provide the following
information as provided under section 219:
(a) The total number of commercial motor vehicles inspected,
with a performance goal as stated in the motor carrier safety
assistance program grant received by the department.
(b) The number of completed inspections supported with border
enforcement grant funds.
(c) The number of new entrant safety audits completed.
Sec. 605. The department shall exercise the authority, powers,
functions, and responsibilities concerning the inspection of school
buses as provided under the pupil transportation act, 1990 PA 187,
MCL 257.1801 to 257.1877.
Sec. 605a. The department shall annually provide the
subcommittees and the senate and house fiscal agencies with the
following information for each public and nonpublic school
concerning the inspection of school buses:
(a) The total number of school buses inspected.
(b) The number of inspected school buses receiving a passing
sticker.
(c) The number of inspected school buses receiving a yellow
sticker.
(d) The number of inspected school buses receiving a red
sticker.
EMERGENCY MANAGEMENT AND HOMELAND SECURITY
Sec. 606. (1) The department shall coordinate the mitigation,
preparation, response, and recovery activities of municipal,
county, state, and federal governments, and other governmental
entities, for all hazards, disasters, and emergencies, as provided
under the following authorities:
(a) The emergency management act, 1976 PA 390, MCL 30.401 to
30.421, and Executive Reorganization Order No. 1993-15, MCL 28.702.
(b) The Robert T. Stafford disaster relief and emergency
assistance act, 42 USC chapter 68, and applicable regulations
provided in title 44, chapter 1 of the code of federal regulations.
(c) Flood mitigation planning and activities, as provided
under 42 USC 4104c, 44 CFR part 78, and 44 CFR part 79.
(d) Section 101 of the implementing recommendations of the
9/11 commission act of 2007, 6 USC 605.
(e) 1945 PA 302, MCL 10.31 to 10.33.
(f) The emergency planning and community right-to-know act, 42
USC 11001 to 11050.
(g) 10 CFR part 50, Appendix E.
(h) 44 CFR part 350.
(2) The state director of emergency management may expend
money appropriated under part 1 to call upon any agency or
department of the state or any resource of the state to protect
life or property or to provide for the health or safety of the
population in any area of 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.
(3) 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.
Sec. 606a. (1) The department shall foster, promote, and
maintain partnerships to protect this state and homeland from all
hazards.
(2) 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.
(3) 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.
Sec. 607 (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 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.
(2) 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.
HIGHWAY SAFETY PLANNING AND AWARENESS
Sec. 608. The department shall exercise the authority, powers,
functions, and responsibilities concerning the planning,
administration, and implementation of highway traffic safety
programs as provided under the following program authorities:
(a) 23 USC chapter 4 and 23 CFR part 1200.
(b) 1967 PA 213, MCL 247.841, 1941 PA 188, MCL 256.561 to
256.563, and Executive Reorganization Order No. 1969-1, MCL 28.61.
(c) Executive Reorganization Order No. 2002-5, MCL 256.571.
(d) The strategic highway safety plan provisions of 23 USC 148
and 23 CFR part 924.
(e) Section 25 of 1951 PA 51, MCL 247.675.
Sec. 608a. The department shall provide for the publication of
annual traffic crash data and notify the subcommittees and the
senate and house fiscal agencies when such data are published.
Sec. 610. The department shall exercise the authority,
functions, powers, and responsibilities concerning the secondary
road patrol program as provided in the following program
authorities:
(a) Sections 76 and 77 of 1846 RS 14, MCL 51.76 and 51.77.
(b) Executive Reorganization Order No. 1989-1, MCL 28.31.
Sec. 610a. (1) The department shall provide the following
information on secondary road patrol activities supported by
appropriations in part 1, as provided in section 219:
(a) The number of full-time equivalent county sheriff
secondary road patrol deputies.
(b) The number of miles traveled performing secondary road
patrol services.
(c) The number of traffic stops made during secondary road
patrol services.
(2) The information required to be reported under subsection
(1) shall be reported for each quarter of the fiscal year. However,
the department may submit this information on a semiannual basis.
ONE-TIME APPROPRIATIONS
Sec. 801. The department shall maintain the staffing and
resources necessary to train at least 100 Michigan state police
trooper recruits.
Sec. 802. From the 1-time appropriation in part 1 for the
emergency response team vehicle replacement, the department shall
purchase 1 vehicle to support the emergency response team.
Sec. 803. The department shall maintain the staffing and
resources necessary to train at least 31 Michigan state police
motor carrier officer recruits.
Sec. 804. The 1-time appropriation in part 1 for aviation
support shall be used for the acquisition and upfitting of a
helicopter.
Sec. 805. The 1-time appropriation in part 1 for LEIN language
conversion shall be used to update the language currently used by
House Bill No. 5313 (H-1) as amended May 6, 2014
LEIN to XML to allow LEIN messages to be in a more common language
that can be used to share information more easily with other
criminal justice partners.
Sec. 806. The 1-time appropriation in part 1 for electronic
warrant system shall be to provide for a statewide information
exchange system to eliminate the redundant entry of information
required to request, approve, and issue warrants for arrest,
including information exchanged with prosecutors, courts, LEIN,
criminal history databases, the state forensic laboratory, and the
state court administrative office, designed to save the time and
effort of law enforcement personnel as compared to current
procedures.
Sec. 808. The 1-time appropriation in part 1 for school safety
technology and equipment grants shall be used for local public
safety technology and equipment grants with a focus on school
safety [without bias toward public or private educational institutions].
The governor's council on law enforcement and reinvention
shall review applications and make award recommendations to the
department. The grants shall support the purchase and
implementation of technologies such as enhanced 9-1-1 abilities,
malicious call tracing, physical deterrents, real-time location
systems, emergency alert software, and other technologies.
Sec. 809. From the 1-time funds appropriated in part 1 for
local law enforcement technology and equipment grants, the
department, in cooperation with the council on law enforcement and
reinvention, shall provide grants to local law enforcement agencies
to support the technology and equipment needs of local and county
law enforcement agencies within this state, including, but not
limited to, weapons, protective gear, in-car video equipment,
breath alcohol testing instruments, radar, automatic external
defibrillators, mobile data terminals, communications equipment,
and other technologies.
Sec. 810. The appropriation in part 1 for supplemental 9-1-1
database shall assist public safety answering points in
establishing a supplemental 9-1-1 database that allows public
safety answering points to view voluntarily disclosed information
relevant to a 9-1-1 caller, including information on properties and
household members, that would assist first responders in providing
emergency services to that caller.
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, 2015, 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.................................... $ 3,805,998,600
Total interdepartmental grants and intradepartmental
transfers............................................ 3,786,900
ADJUSTED GROSS APPROPRIATION........................... $ 3,802,211,700
Federal revenues:
Federal aid – transportation programs.................. 1,205,885,500
Total federal revenues................................. 1,205,885,500
Special revenue funds:
Local revenues......................................... 50,177,100
Private revenues....................................... 100,000
Total local and private revenues....................... 50,277,100
Blue Water Bridge fund................................. 37,759,800
Comprehensive transportation fund...................... 280,104,200
Economic development fund.............................. 53,597,000
IRS debt service rebate................................ 6,981,700
Intercity bus equipment fund........................... 140,000
Local bridge fund...................................... 28,884,100
Michigan transportation fund........................... 1,017,972,100
Rail freight fund...................................... 6,000,000
State aeronautics fund................................. 15,006,600
State trunkline fund................................... 708,555,700
Total other state restricted revenues.................. 2,155,001,200
State general fund/general purpose..................... $ 391,047,900
Sec. 102. DEBT SERVICE
State trunkline........................................ $ 198,076,600
Economic development................................... 11,665,300
Local bridge fund...................................... 2,406,700
Blue Water Bridge fund................................. 6,962,000
Airport safety and protection plan..................... 4,992,200
Comprehensive transportation........................... 18,215,500
GROSS APPROPRIATION.................................... $ 242,318,300
Appropriated from:
Federal revenues:
Federal aid – transportation programs.................. 45,726,400
Special revenue funds:
Blue Water Bridge fund................................. 6,962,000
Comprehensive transportation fund...................... 18,215,500
Economic development fund.............................. 11,665,300
Local bridge fund...................................... 2,406,700
IRS debt service rebate................................ 6,981,700
State aeronautics fund................................. 4,992,200
State trunkline fund................................... 145,368,500
State general fund/general purpose..................... $ 0
Sec. 103. COLLECTION, ENFORCEMENT, AND OTHER AGENCY
SUPPORT SERVICES
MTF grant to department of environmental quality....... $ 1,312,800
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............... 303,500
STF grant to department of attorney general............ 2,387,000
STF grant to civil service commission.................. 5,697,000
STF grant to department of technology, management, and
budget............................................... 1,296,300
STF grant to department of state police................ 11,433,400
STF grant to department of treasury.................... 129,900
STF grant to legislative auditor general............... 704,900
SAF grant to department of attorney general............ 174,400
SAF grant to civil service commission.................. 150,000
SAF grant to department of technology, management, and
budget............................................... 38,600
SAF grant to department of treasury.................... 74,300
SAF grant to legislative auditor general............... 29,100
CTF grant to department of attorney general............ 200,900
CTF grant to civil service commission.................. 200,000
CTF grant to department of technology, management, and
budget............................................... 47,000
CTF grant to department of treasury.................... 16,400
CTF grant to legislative auditor general............... 37,300
GROSS APPROPRIATION.................................... $ 46,932,800
Appropriated from:
Special revenue funds:
Comprehensive transportation fund...................... 501,600
Michigan transportation fund........................... 24,316,300
State aeronautics fund................................. 466,400
State trunkline fund................................... 21,648,500
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.................................. $ 724,700
Asset management council............................... 1,626,400
Commission audit--29.3 FTE positions................... 3,356,700
GROSS APPROPRIATION.................................... $ 5,707,800
Appropriated from:
Special revenue funds:
Michigan transportation fund........................... 1,626,400
State trunkline fund................................... 4,081,400
State general fund/general purpose..................... $ 0
Sec. 105. BUSINESS SUPPORT
Full-time equated classified positions........... 53.0
Business support services--44.0 FTE positions.......... $ 6,662,100
Economic development and enhancement programs--9.0 FTE
positions............................................ 1,452,600
Property management.................................... 8,066,500
Worker's compensation.................................. 2,237,800
GROSS APPROPRIATION.................................... $ 18,419,000
Appropriated from:
Special revenue funds:
Comprehensive transportation fund...................... 1,550,700
Economic development fund.............................. 378,700
Michigan transportation fund........................... 779,600
State aeronautics fund................................. 634,600
State trunkline fund................................... 15,075,400
State general fund/general purpose..................... $ 0
Sec. 106. INFORMATION TECHNOLOGY
Information technology services and projects........... $ 31,473,500
GROSS APPROPRIATION.................................... $ 31,473,500
Appropriated from:
Federal revenues:
Federal aid – transportation programs.................. 520,500
Special revenue funds:
Blue Water Bridge fund................................. 53,700
Comprehensive transportation fund...................... 218,100
Economic development fund.............................. 37,200
Michigan transportation fund........................... 288,000
State aeronautics fund................................. 170,200
State trunkline fund................................... 30,185,800
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............... $ 21,311,000
GROSS APPROPRIATION.................................... $ 21,311,000
Appropriated from:
Interdepartmental grant revenues:
IDG for accounting service center user charges......... 3,786,900
Special revenue funds:
Michigan transportation fund........................... 1,553,400
State trunkline fund................................... 15,970,700
State general fund/general purpose..................... $ 0
Sec. 108. TRANSPORTATION PLANNING
Full-time equated classified positions.......... 141.0
Transportation planning--141.0 FTE positions........... $ 38,271,800
Grants to regional planning councils................... 488,800
GROSS APPROPRIATION.................................... $ 38,760,600
Appropriated from:
Federal revenues:
Federal aid – transportation programs.................. 20,000,000
Special revenue funds:
Comprehensive transportation fund...................... 610,500
Michigan transportation fund........................... 8,649,200
State aeronautics fund................................. 15,000
State trunkline fund................................... 9,485,900
State general fund/general purpose..................... $ 0
Sec. 109. DESIGN AND ENGINEERING SERVICES
Full-time equated classified positions........ 1,586.3
Engineering services--427.6 FTE positions.............. $ 50,761,600
Program services--1,108.7 FTE positions................ 104,867,000
Welcome center operations--50.0 FTE positions.......... 4,460,000
GROSS APPROPRIATION.................................... $ 160,088,600
Appropriated from:
Federal revenues:
Federal aid – transportation programs.................. 23,529,800
Special revenue funds:
Michigan transportation fund........................... 11,946,200
State trunkline fund................................... 124,612,600
State general fund/general purpose..................... $ 0
Sec. 110. HIGHWAY MAINTENANCE
Full-time equated classified positions.......... 747.7
State trunkline operations--747.7 FTE positions........ $ 310,440,500
GROSS APPROPRIATION.................................... $ 310,440,500
Appropriated from:
Special revenue funds:
State trunkline fund................................... 310,440,500
State general fund/general purpose..................... $ 0
Sec. 111. ROAD AND BRIDGE PROGRAMS
State trunkline federal aid and road and bridge
construction......................................... $ 824,646,200
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................................... 26,477,400
County road commissions................................ 597,608,200
Cities and villages.................................... 333,193,300
GROSS APPROPRIATION.................................... $ 2,058,368,100
Appropriated from:
Federal revenues:
Federal aid – transportation programs.................. 982,720,800
Special revenue funds:
Local funds............................................ 30,000,000
Blue Water Bridge fund................................. 24,391,900
Local bridge fund...................................... 26,477,400
Michigan transportation fund........................... 966,801,500
State trunkline fund................................... 27,976,500
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....... $ 6,352,200
GROSS APPROPRIATION.................................... $ 6,352,200
Appropriated from:
Special revenue funds:
Blue Water Bridge fund................................. 6,352,200
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............... 18,757,800
Urban county congestion................................ 7,629,000
Rural county primary................................... 7,629,000
GROSS APPROPRIATION.................................... $ 41,515,800
Appropriated from:
Special revenue funds:
Economic development fund.............................. 41,515,800
State general fund/general purpose..................... $ 0
Sec. 114. AERONAUTICS SERVICES
Full-time equated classified positions........... 54.0
Aviation services--54.0 FTE positions.................. $ 7,430,600
Air service program.................................... 289,700
GROSS APPROPRIATION.................................... $ 7,720,300
Appropriated from:
Special revenue funds:
State aeronautics fund................................. 7,720,300
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.. $ 5,699,500
GROSS APPROPRIATION.................................... $ 5,699,500
Appropriated from:
Federal revenues:
Federal aid – transportation programs.................. 972,100
Special revenue funds:
Comprehensive transportation fund...................... 4,727,400
State general fund/general purpose..................... $ 0
Sec. 116. BUS TRANSIT DIVISION: STATUTORY OPERATING
Local bus operating.................................... $ 167,400,000
Nonurban operating/capital............................. 25,187,900
GROSS APPROPRIATION.................................... $ 192,587,900
Appropriated from:
Federal revenues:
Federal aid – transportation programs.................. 23,187,900
Special revenue funds:
Comprehensive transportation fund...................... 167,400,000
Local funds............................................ 2,000,000
State general fund/general purpose..................... $ 0
Sec. 117. INTERCITY PASSENGER
Full-time equated classified positions........... 39.0
Office of rail--39.0 FTE positions..................... $ 6,368,200
Freight property management............................ 1,000,000
Detroit/Wayne County port authority.................... 468,200
Intercity services..................................... 5,690,000
Rail operations and infrastructure..................... 57,022,400
Marine passenger service............................... 400,000
Terminal development................................... 150,000
GROSS APPROPRIATION.................................... $ 71,098,800
Appropriated from:
Federal revenues:
Federal aid – transportation programs.................. 14,600,000
Special revenue funds:
Local funds............................................ 150,000
Private funds.......................................... 100,000
Comprehensive transportation fund...................... 47,388,900
Intercity bus equipment fund........................... 140,000
Rail freight fund...................................... 6,000,000
Michigan transportation fund........................... 2,011,500
State trunkline fund................................... 708,400
State general fund/general purpose..................... $ 0
Sec. 118. PUBLIC TRANSPORTATION DEVELOPMENT
Specialized services................................... $ 17,938,900
Municipal credit program............................... 2,000,000
Transit capital........................................ 32,145,300
Van pooling............................................ 195,000
Service initiatives.................................... 4,197,300
Transportation to work................................. 4,700,000
GROSS APPROPRIATION.................................... $ 61,176,500
Appropriated from:
Federal revenues:
Federal aid – transportation programs.................. 16,050,000
Special revenue funds:
Local funds............................................ 5,635,000
Comprehensive transportation fund...................... 39,491,500
State general fund/general purpose..................... $ 0
Sec. 119. CAPITAL OUTLAY
(1) BUILDINGS AND FACILITIES
Special maintenance, remodeling, and additions......... $ 3,001,500
House Bill No. 5313 (H-1) as amended May 6, 2014
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..... $ 91,978,000
GROSS APPROPRIATION.................................... $ 91,978,000
Appropriated from:
Federal revenues:
Federal aid – transportation programs.................. 78,578,000
Special revenue funds:
Local funds............................................ 12,392,100
State aeronautics fund................................. 1,007,900
State general fund/general purpose..................... $ 0
Sec. 120. ONE-TIME BASIS ONLY
[
.......................... ]
State and local road and bridge programs............... [379,000,000]
Transit capital and rail infrastructure................ 10,000,000
Airport safety, protection and improvement program..... 2,047,900
GROSS APPROPRIATION.................................... $ 391,047,900
Appropriated from:
State general fund/general purpose..................... $ 391,047,900
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
FOR FISCAL YEAR 2014-2015
House Bill No. 5313 (H-1) as amended May 6, 2014
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 2014-2015 is $2,546,049,100.00 and
state spending from state resources to be paid to local units of
government for fiscal year 2014-2015 is [$1,458,396,900.00]. The
itemized statement below identifies appropriations from which
spending to local units of government will occur:
DEPARTMENT OF TRANSPORTATION
Grants to regional planning councils................... $ 488,800
Grants to local programs............................... 33,000,000
Rail grade crossing.................................... 3,000,000
Local bridge program................................... 26,477,400
Grants to county road commissions...................... 597,608,200
Grants to cities and villages.......................... 333,193,300
Economic development fund.............................. 22,758,000
Air service program.................................... 289,700
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........................................ 25,895,300
Service initiatives.................................... 2,847,300
Transportation to work................................. 4,700,000
House Bill No. 5313 (H-1) as amended May 6, 2014
Airport safety, protection, and improvement
program............................................... 1,007,900
One-time state and local road and bridge programs...... [230,811,000]
One-time airport safety, protection, and improvement
program............................................... 2,047,900
Total payments to local units of government............ $ [1,458,396,900]
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) "DOT" means the United States department of
transportation.
(e) "DOT-FHWA" means DOT, federal highway administration.
(f) "FTE" means full-time equated.
(g) "IRS" means the internal revenue service.
(h) "MTF" means Michigan transportation fund.
(i) "SAF" means state aeronautics fund.
(j) "STF" means state trunkline fund.
[Sec. 204. (1) For each new program or program increase for which funds are appropriated in part 1, the department shall report the following to the house and senate appropriations committees, the house and senate fiscal agencies, and the state budget director:
(a) By November 1, 2014, a list of specific benchmarks intended to measure the performance or return on taxpayer investment of the program and its associated expenditures.
(b) By March 1, 2015, an update on the progress of the program and the status of expenditures for the program as measured by those benchmarks.
(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 spending increase on existing programs initiated by the executive branch or the legislature shall include, as part of the original proposal or budget request, a specific 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, 2014 and September 30, 2015.
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, 2015 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.
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, 2015.
(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, 2014.
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, 2014. The report shall include
all of the following:
(a) The balance in the state infrastructure bank at September
30, 2014, including a breakdown of the balance by cash and cash
equivalents, outstanding loans, and balance available for loan to
local agencies.
(b) A breakdown of the state infrastructure loan balance by
amounts designated as originating from federal sources and the
amounts originating from nonfederal sources.
(c) A list of outstanding loans by agency, original loan
amount, project description, loan term, and amount outstanding.
Sec. 319. The department shall post signs at each rest area to
identify the agency or contractor responsible for maintenance of
the rest area. The signs shall include a department telephone
number and shall indicate that unsafe or unclean conditions at the
rest area may be reported to that telephone number.
Sec. 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, 2015 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, 2014. 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, 2015.
(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, 2014 and shall cover the fiscal year ending September
30, 2014.
(2) The initial report shall include, at a minimum, all of the
following:
(a) Department costs incurred in the fiscal year ending
September 30, 2014, 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, 2014, 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, 2015, June 1, 2015, and
September 1, 2015 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, 2015.
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. The department shall work with the road construction
industry and engineering consulting community to develop
performance and road construction warranties for construction
contracts. The development of warranties shall include warranties
on materials, workmanship, performance criteria, and design/build
projects. The department will report by September 30 of each
calendar year to the house of representatives and senate
appropriations subcommittees on transportation, the state budget
director, and the house and senate fiscal agencies on the status of
efforts to develop performance and road construction warranties.
The department shall report to the legislature on policy options to
strengthen and expand the use of road construction warranties or
other measures to increase accountability related to the
performance of construction projects on both state and local roads.
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 November 1, 2014.
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. 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, 2015.
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
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, 2015.
(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. 712. From the funds appropriated in part 1, the
department shall conduct a study of the feasibility of rail
passenger service on the rail corridor between Holland and Detroit,
via Grand Rapids and Lansing. The study shall include ridership
projections within the corridor, estimated rail passenger service
capital and operating costs, and revenue estimates. 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 May 1, 2015.
Sec. 735. For the fiscal year ending September 30, 2015, the
appropriation to a street railway pursuant to section 10e(22) of
1951 PA 51, MCL 247.660e, is $0.
Sec. 736. From the funds appropriated in part 1 for rail
operations and infrastructure, $1,500,000.00 shall be allocated for
a pilot project to test traffic control devices at rail grade
crossings on railroad tracks that are federally designated as a
high-speed rail corridor under 49 USC 26106. Any pilot project
entered into under this section shall be done using a competitive
bidding process.
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
House Bill No. 5313 (H-1) as amended May 6, 2014
act, 1984 PA 431, MCL 18.1248.
ONE-TIME APPROPRIATIONS
[
]
Sec. 1002. The appropriation in part 1 of [$379,000,000.00] from
the state general fund 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. 1002a. Of the funds made available to the state trunkline fund though the general fund appropriation to state and local road and bridge programs in part 1, $127,000,000.00 is allocated to the state trunkline federal aid and road and bridge construction program and is intended to ensure that the state is able to match all available federal-aid highway funds.]
Sec. 1003. By December 1, 2015, 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.