HB-4526, As Passed House, May 26, 2011
SUBSTITUTE FOR
HOUSE BILL NO. 4526
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, 2012; to provide for certain conditions on
appropriations; to provide for the expenditure of the
appropriations; and to provide anticipated appropriations for the
fiscal year ending September 30, 2013.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
ARTICLE I
DEPARTMENT OF AGRICULTURE AND RURAL DEVELOPMENT
PART 1
LINE-ITEM APPROPRIATIONS
FOR FISCAL YEAR 2011-2012
Sec. 101. Subject to the conditions set forth in this article,
the amounts listed in this part are appropriated for the department
of agriculture and rural development for the fiscal year ending
September 30, 2012, from the funds indicated in this part. The
following is a summary of the appropriations in this part:
DEPARTMENT OF AGRICULTURE
APPROPRIATION SUMMARY
Full-time equated unclassified positions.......... 2.0
Full-time equated classified positions.......... 441.0
GROSS APPROPRIATION.................................... $ 72,219,300
Interdepartmental grant revenues:
IDG from LARA (LCC), liquor quality testing fees....... 197,600
IDG from MDNRE, biosolids.............................. 100,000
Total interdepartmental grants and intradepartmental
transfers............................................ 297,600
ADJUSTED GROSS APPROPRIATION........................... $ 71,921,700
Federal revenues:
USDA, multiple grants.................................. 10,873,300
EPA, multiple grants................................... 1,635,700
HHS-FDA................................................ 1,203,900
United States department of labor...................... 471,800
Total federal revenues................................. 14,184,700
Special revenue funds:
Total local revenues................................... 0
Private - slow-the-spread foundation................... 83,300
Private - commodity group revenue...................... 88,000
Total private revenues................................. 171,300
Agricultural preservation fund......................... 2,031,100
Agriculture equine industry development fund........... 3,773,300
Agriculture pollution prevention fund.................. 100
Animal welfare fund.................................... 144,500
Commodity inspection fees.............................. 832,400
Consumer and industry food safety education fund....... 290,200
Dairy and food safety fund............................. 3,006,600
Freshwater protection fund............................. 5,094,100
Gasoline inspection and testing fund................... 2,747,800
Grain dealer fee fund.................................. 222,500
Horticulture fund...................................... 72,800
Industry support funds................................. 535,300
Licensing and inspection fees.......................... 4,188,800
Migrant housing inspection fees........................ 114,200
Migratory labor housing fund........................... 29,000
Nonretail liquor fees.................................. 716,800
Refined petroleum fund................................. 3,870,900
Testing fees........................................... 447,500
Weights and measures regulation fees................... 745,100
Total other state restricted revenues.................. 28,863,000
State general fund/general purpose..................... $ 28,702,700
Sec. 102. EXECUTIVE
Full-time equated unclassified positions.......... 2.0
Full-time equated classified positions........... 26.0
Commissions and boards................................. $ 23,800
Unclassified positions--2.0 FTE positions.............. 213,300
Executive direction--8.0 FTE positions................. 1,050,600
Management services--15.0 FTE positions................ 981,100
Statistical reporting service--1.0 FTE positions....... 158,300
Emergency management--2.0 FTE positions................ 243,600
Accounting service center.............................. 878,300
GROSS APPROPRIATION.................................... $ 3,549,000
Appropriated from:
Special revenue funds:
Private - commodity group revenue...................... 88,000
Industry support funds................................. 40,500
Nonretail liquor fees.................................. 8,800
Refined petroleum fund................................. 57,800
State general fund/general purpose..................... $ 3,353,900
Sec. 103. DEPARTMENTWIDE
Rent and building occupancy charges.................... $ 991,900
GROSS APPROPRIATION.................................... $ 991,900
Appropriated from:
Federal revenues:
USDA, multiple grants.................................. 224,600
EPA, multiple grants................................... 174,100
HHS-FDA................................................ 43,300
Special revenue funds:
Agricultural preservation fund......................... 22,700
Freshwater protection fund............................. 33,500
Licensing and inspection fees.......................... 156,800
Nonretail liquor fees.................................. 28,800
Refined petroleum fund................................. 257,200
State general fund/general purpose..................... $ 50,900
Sec. 104. INFORMATION AND TECHNOLOGY
Information technology services and projects........... $ 1,303,400
GROSS APPROPRIATION.................................... $ 1,303,400
Appropriated from:
Interdepartmental grant revenues:
IDG from LARA (LCC), liquor quality testing fees....... 2,800
Special revenue funds:
Agricultural preservation fund......................... 200
Agriculture equine industry development fund........... 93,600
Freshwater protection fund............................. 100
Gasoline inspection testing fund....................... 27,400
Licensing and inspection fees.......................... 28,300
Nonretail liquor fees.................................. 500
State general fund/general purpose..................... $ 1,150,500
Sec. 105. FOOD AND DAIRY
Full-time equated classified positions.......... 104.0
Food safety and quality assurance--81.0 FTE positions.. $ 9,931,600
Milk safety and quality assurance--23.0 FTE positions.. 3,037,900
GROSS APPROPRIATION.................................... $ 12,969,500
Appropriated from:
Federal revenues:
USDA, multiple grants.................................. 234,900
HHS-FDA................................................ 451,600
Special revenue funds:
Consumer and industry food safety education fund....... 290,200
Dairy and food safety fund............................. 3,006,600
State general fund/general purpose..................... $ 8,986,200
Sec. 106. ANIMAL INDUSTRY
Full-time equated classified positions........... 64.0
Animal disease prevention and response--64.0 FTE
positions............................................ $ 8,889,400
GROSS APPROPRIATION.................................... $ 8,889,400
Appropriated from:
Federal revenues:
USDA, multiple grants.................................. 1,233,500
HHS-FDA................................................ 40,600
Special revenue funds:
Animal welfare fund.................................... 144,500
Licensing and inspection fees.......................... 113,100
State general fund/general purpose..................... $ 7,357,700
Sec. 107. PESTICIDE AND PLANT PEST MANAGEMENT
Full-time equated classified positions........... 99.0
Pesticide and plant pest management--88.0 FTE
positions............................................ $ 10,612,700
Emerald ash borer control program--7.0 FTE positions... 1,822,600
Producer security/grain dealers--4.0 FTE positions..... 543,400
GROSS APPROPRIATION.................................... $ 12,978,700
Appropriated from:
Federal revenues:
USDA, multiple grants.................................. 2,942,100
EPA, multiple grants................................... 738,800
HHS-FDA................................................ 109,200
Special revenue funds:
Private - slow-the-spread foundation................... 83,300
Commodity inspection fees.............................. 832,400
Grain dealers fee fund................................. 222,500
Horticulture fund...................................... 72,800
Industry support funds................................. 336,300
Licensing and inspection fees.......................... 3,808,700
State general fund/general purpose..................... $ 3,832,600
Sec. 108. ENVIRONMENTAL STEWARDSHIP
Full-time equated classified positions........... 43.0
Environmental stewardship--18.0 FTE positions.......... $ 6,133,800
Michigan agriculture environmental assurance program--
3.0 FTE positions.................................... 552,600
Farmland and open space preservation--9.0 FTE
positions............................................ 958,200
Local conservation districts........................... 100
Migrant labor housing--6.0 FTE positions............... 1,162,300
Right-to-farm--3.0 FTE positions....................... 519,000
Intercounty drain--4.0 FTE positions................... 425,000
GROSS APPROPRIATION.................................... $ 9,751,000
Appropriated from:
Interdepartmental grant revenues:
IDG from MDNRE, biosolids.............................. 100,000
Federal revenues:
USDA, multiple grants.................................. 1,000,000
EPA, multiple grants................................... 361,200
United States department of labor...................... 471,800
Special revenue funds:
Agricultural preservation fund......................... 958,200
Agriculture pollution prevention fund.................. 100
Freshwater protection fund............................. 5,060,500
Migrant housing inspection fees........................ 114,200
Migratory labor housing fund........................... 29,000
State general fund/general purpose..................... $ 1,656,000
Sec. 109. LABORATORY PROGRAM
Full-time equated classified positions........... 94.0
Laboratory services--42.0 FTE positions................ $ 5,564,600
USDA monitoring--13.0 FTE positions.................... 2,452,000
Consumer protection program--39.0 FTE positions........ 5,571,300
GROSS APPROPRIATION.................................... $ 13,587,900
Appropriated from:
Interdepartmental grant revenues:
IDG from LARA (LCC), liquor quality testing fees....... 194,800
Federal revenues:
USDA, multiple grants.................................. 2,474,700
EPA, multiple grants................................... 361,600
HHS-FDA................................................ 559,200
Special revenue funds:
Agriculture equine industry development fund........... 557,800
Gasoline inspection and testing fund................... 2,720,400
Licensing and inspection fees.......................... 81,900
Refined petroleum fund................................. 3,555,900
Testing fees........................................... 447,500
Weights and measures regulation fees................... 745,100
State general fund/general purpose..................... $ 1,889,000
Sec. 110. AGRICULTURE DEVELOPMENT
Full-time equated classified positions............ 8.0
Agriculture development--5.0 FTE positions............. $ 2,040,300
Grape and wine program--3.0 FTE positions.............. 736,300
GROSS APPROPRIATION.................................... $ 2,776,600
Appropriated from:
Federal revenues:
USDA, multiple grants.................................. 1,513,500
Special revenue funds:
Industry support funds................................. 158,500
Nonretail liquor fees.................................. 678,700
State general fund/general purpose..................... $ 425,900
Sec. 111. FAIRS AND EXPOSITIONS
Full-time equated classified positions............ 3.0
Fairs and racing--3.0 FTE positions.................... $ 331,300
Purses and supplements - fairs/licensed tracks......... 611,400
Licensed tracks - light horse racing................... 34,100
Standardbred breeders' awards.......................... 250,000
Standardbred purses and supplements - licensed tracks.. 461,600
Standardbred sire stakes............................... 209,000
Standardbred training and stabling..................... 9,300
Thoroughbred owners' awards............................ 31,900
Thoroughbred supplements - licensed tracks............. 309,600
Thoroughbred breeder's awards.......................... 309,600
Thoroughbred sire stakes............................... 214,100
Distribution of outstanding winning tickets............ 350,000
GROSS APPROPRIATION.................................... $ 3,121,900
Appropriated from:
Special revenue funds:
Agriculture equine industry development fund........... 3,121,900
State general fund/general purpose..................... $ 0
Sec. 112. CAPITAL OUTLAY
Farmland and open space development acquisition........ $ 2,300,000
GROSS APPROPRIATION.................................... $ 2,300,000
Appropriated from:
Federal revenues:
USDA, multiple grants.................................. 1,250,000
Special revenue funds:
Agriculture preservation fund.......................... 1,050,000
State general fund/general purpose..................... $ 0
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
FOR FISCAL YEAR 2011-2012
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 2011-2012 is $57,565,700.00 and state
spending from state resources to be paid to local units of
government for fiscal year 2011-2012 is $1,500,000.00. The itemized
statement below identifies appropriations from which spending to
local units of government will occur:
DEPARTMENT OF AGRICULTURE AND RURAL DEVELOPMENT
Environmental protection............................... $ 1,500,000
TOTAL.................................................. $ 1,500,000
Sec. 202. The appropriations authorized under this article are
subject to the management and budget act, 1984 PA 431, MCL 18.1101
to 18.1594.
Sec. 203. As used in this article:
(a) "Department" means the department of agriculture and rural
development.
(b) "Director" means the director of the department.
(c) "EPA" means the United States environmental protection
agency.
(d) "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) "MDEQ" means the Michigan department of environmental
quality.
(i) "USDA" means the United States department of agriculture.
Sec. 204. The civil service commission shall bill departments
and agencies at the end of the first fiscal quarter for the charges
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. 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 this article 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 this article 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 this
article 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 this
article under section 393(2) of the management and budget act, 1984
PA 431, MCL 18.1393.
Sec. 207. (1) The department shall 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.
(2) The department may develop and operate its own website to
provide this information or may reference the state's central
transparency website as the source for this information.
Sec. 208. Unless otherwise specified, the departments shall
use the Internet to fulfill the reporting requirements of this
article. 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. 211. 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. 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. 214. From the funds appropriated in part 1 for
information technology, departments and agencies shall pay user
fees to the department of technology, management, and budget for
technology-related services and projects. The user fees shall be
subject to provisions of an interagency agreement between the
department and agencies and the department of technology,
management, and budget.
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. 228. Not later than November 15, the department 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 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 provide the state
budget director, 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, 2011 and September 30, 2012.
EXECUTIVE
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 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 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 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, 2012, the department shall
provide a report to the senate and house appropriations
subcommittees on agriculture 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 2010-2011 fiscal year.
ANIMAL INDUSTRY
Sec. 450. From the funds appropriated in section 106 for the
bovine tuberculosis program, the department shall reimburse the
department of natural resources for those costs associated with
monitoring and testing wildlife for bovine tuberculosis that are
necessary to support the department goals and are jointly agreed to
by the department and the department of natural resources to be in
excess of efforts necessary to effectively plan and execute the
eradication of bovine tuberculosis from Michigan's wild free-
ranging deer herd.
Sec. 451. From the funds appropriated in section 106 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 fiscal
year ending September 30, 2012. 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 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 287.745. In addition to the funds
appropriated in part 1, the department of agriculture and rural
development is authorized to expend the funds received from the
department of natural resources to reimburse the department of
agriculture and rural development for all indemnification payments
made pursuant to this subsection.
Sec. 454. The department shall use its resources to
collaborate with the United States department of agriculture 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. The department shall also convene a workgroup to
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, 2011, 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 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 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 section 106 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.
PESTICIDE AND PLANT PEST MANAGEMENT
Sec. 551. (1) It is the intent of the legislature that the
department work with the fruit and vegetable industry to ensure the
development of a sustainable system of third-party inspections of
fruits and vegetables.
(2) From the funds appropriated in part 1 for pesticide and
plant pest management, not less than $200,000.00 shall be used for
the purpose to ensure that Michigan commodities receive
departmental inspections required by other governments to ship
commodities out of Michigan. The department shall devise a plan to
provide these required government inspections in a timely manner.
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 2008.
Sec. 606. The department shall actively search for all
possible funding sources to be used to match federal funds in the
USDA environmental quality incentives 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.
AGRICULTURE DEVELOPMENT
Sec. 706. Not later than April 1, 2012, the department shall
provide a report to the senate and house appropriations
subcommittees on agriculture 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, 2012, the department
shall provide a report to the senate and house appropriations
subcommittees on agriculture 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.
FAIRS AND EXPOSITIONS
Sec. 801. All appropriations from the agricultural 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 racing commission and
laboratory analysis program appropriations, shall be reduced
proportionately if revenues to the agriculture equine industry
development fund decline during the fiscal year ending September
30, 2011 to a level lower than the amounts appropriated in section
108.
Sec. 803. In the event there is no live thoroughbred race meet
in 2011 or 2012, all purse money and program money appropriated for
the thoroughbred industry in fiscal year 2010-2011 and fiscal year
2011-2012 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. In the event
there is no thoroughbred meet in 2011 or 2012, the purse pool
distribution order to be issued by the Michigan gaming control
board in 2012 that delineates distribution between the thoroughbred
meet that has been held at pinnacle race course and the joint
thoroughbred/quarterhorse meet held in Mt. Pleasant shall be the
same distribution formula as issued in 2011, with the thoroughbred
portion being held in escrow.
Sec. 804. The Michigan gaming control board shall use actual
expenditure data in determining the actual regulatory costs of
conducting racing dates and shall provide that data to the senate
and house of representatives appropriations subcommittees on
agriculture and 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.
CAPITAL OUTLAY
Sec. 1002. (1) The director shall allocate lump-sum
appropriations made in this article 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. 1003. 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.
PART 2A
PROVISIONS CONCERNING ANTICIPATED APPROPRIATIONS
FOR FISCAL YEAR 2012-2013
GENERAL SECTIONS
Sec. 1201. It is the intent of the legislature to provide
appropriations for the fiscal year ending on September 30, 2013 for
the line items listed in part 1. The fiscal year 2012-2013
appropriations are anticipated to be the same as those for fiscal
year 2011-2012, 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 2012 consensus revenue estimating
conference.
ARTICLE IV
DEPARTMENT OF COMMUNITY HEALTH
PART 1
LINE-ITEM APPROPRIATIONS
FOR FISCAL YEAR 2011-2012
Sec. 101. Subject to the conditions set forth in this article,
the amounts listed in this part are appropriated for the department
of community health for the fiscal year ending September 30, 2012,
from the funds indicated in this part. The following is a summary
of the appropriations in this part:
DEPARTMENT OF COMMUNITY HEALTH
APPROPRIATION SUMMARY
Full-time equated unclassified positions.......... 6.0
Full-time equated classified positions........ 3,634.2
Average population.............................. 893.0
GROSS APPROPRIATION.................................... $ 14,241,316,400
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 6,569,400
ADJUSTED GROSS APPROPRIATION........................... $ 14,234,747,000
Federal revenues:
Total federal revenues................................. 8,986,611,000
Special revenue funds:
Total local revenues................................... 250,605,900
Total private revenues................................. 96,494,700
Merit award trust fund................................. 86,744,500
Total other state restricted revenues.................. 2,043,107,400
State general fund/general purpose..................... $ 2,771,183,500
Sec. 102. DEPARTMENTWIDE ADMINISTRATION
Full-time equated unclassified positions.......... 6.0
Full-time equated classified positions.......... 175.2
Director and other unclassified--6.0 FTE positions..... $ 583,900
Departmental administration and management--165.2 FTE
positions............................................ 21,787,400
Worker's compensation program.......................... 8,754,700
Rent and building occupancy............................ 9,252,200
Developmental disabilities council and projects--10.0
FTE positions........................................ 2,855,700
GROSS APPROPRIATION.................................... $ 43,233,900
Appropriated from:
Federal revenues:
Total federal revenues................................. 13,632,700
Special revenue funds:
Total private revenues................................. 35,100
Total other state restricted revenues.................. 749,500
State general fund/general purpose..................... $ 28,816,600
Sec. 103. MENTAL HEALTH/SUBSTANCE ABUSE SERVICES
ADMINISTRATION AND SPECIAL PROJECTS
Full-time equated classified positions.......... 111.5
Mental health/substance abuse program administration--
110.5 FTE positions.................................. $ 17,586,800
Gambling addiction--1.0 FTE position................... 3,000,000
Protection and advocacy services support............... 194,400
Community residential and support services............. 1,777,200
Federal and other special projects..................... 2,497,200
Family support subsidy................................. 19,470,500
Housing and support services........................... 9,306,800
GROSS APPROPRIATION.................................... $ 53,832,900
Appropriated from:
Federal revenues:
Total federal revenues................................. 37,101,600
Special revenue funds:
Total private revenues................................. 390,000
Total other state restricted revenues.................. 3,000,000
State general fund/general purpose..................... $ 13,341,300
Sec. 104. COMMUNITY MENTAL HEALTH/SUBSTANCE ABUSE
SERVICES PROGRAMS
Full-time equated classified positions............ 9.5
Medicaid mental health services........................ $ 2,149,977,900
Community mental health non-Medicaid services.......... 273,908,100
Medicaid adult benefits waiver......................... 32,056,100
Mental health services for special populations......... 5,842,800
Medicaid substance abuse services...................... 46,709,700
CMHSP, purchase of state services contracts............ 134,201,900
Civil service charges.................................. 1,499,300
Federal mental health block grant--2.5 FTE positions... 15,397,500
State disability assistance program substance abuse
services............................................. 2,018,800
Community substance abuse prevention, education, and
treatment programs................................... 81,737,500
Children's waiver home care program.................... 18,944,800
Nursing home PAS/ARR-OBRA--7.0 FTE positions........... 12,179,300
Children with serious emotional disturbance waiver..... 8,188,000
GROSS APPROPRIATION.................................... $ 2,782,661,700
Appropriated from:
Interdepartmental grant revenues:
Interdepartmental grant from the department of human
services............................................. 2,769,000
Federal revenues:
Total federal revenues................................. 1,584,568,500
Special revenue funds:
Total local revenues................................... 25,228,900
Total other state restricted revenues.................. 22,314,900
State general fund/general purpose..................... $ 1,147,780,400
Sec. 105. STATE PSYCHIATRIC HOSPITALS AND FORENSIC
MENTAL HEALTH SERVICES
Total average population........................ 893.0
Full-time equated classified positions........ 2,194.2
Caro regional mental health center - psychiatric
hospital - adult--468.3 FTE positions................ $ 56,772,200
Average population.............................. 185.0
Kalamazoo psychiatric hospital - adult--483.1 FTE
positions............................................ 54,782,400
Average population.............................. 189.0
Walter P. Reuther psychiatric hospital - adult--433.3
FTE positions........................................ 52,297,800
Average population.............................. 234.0
Hawthorn center - psychiatric hospital - children and
adolescents--230.9 FTE positions..................... 27,075,900
Average population............................... 75.0
Center for forensic psychiatry--578.6 FTE positions.... 66,767,900
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.................................... $ 260,344,300
Appropriated from:
Interdepartmental grant revenues:
Federal revenues:
Total federal revenues................................. 29,921,200
Special revenue funds:
CMHSP, purchase of state services contracts............ 134,201,900
Other local revenues................................... 17,494,500
Total private revenues................................. 1,000,000
Total other state restricted revenues.................. 15,948,400
State general fund/general purpose..................... $ 61,778,300
Sec. 106. PUBLIC HEALTH ADMINISTRATION
Full-time equated classified positions........... 91.7
Public health administration--7.3 FTE positions........ $ 1,557,200
Healthy Michigan fund programs......................... 5,000,000
Minority health grants and contracts--3.0 FTE
positions............................................ 612,700
Promotion of healthy behaviors......................... 975,900
Vital records and health statistics--81.4 FTE
positions............................................ 9,442,800
GROSS APPROPRIATION.................................... $ 17,588,600
Appropriated from:
Interdepartmental grant revenues:
Interdepartmental grant from the department of human
services............................................. 1,171,500
Federal revenues:
Total federal revenues................................. 4,887,900
Special revenue funds:
Total private revenues................................. 300,000
Total other state restricted revenues.................. 9,974,700
State general fund/general purpose..................... $ 1,254,500
Sec. 107. HEALTH POLICY
Full-time equated classified positions........... 66.8
Emergency medical services program state staff--23.0
FTE positions........................................ $ 4,850,300
Emergency medical services grants and services......... 660,000
Health policy administration--24.4 FTE positions....... 4,150,800
Nurse education and research program--3.0 FTE
positions............................................ 744,200
Certificate of need program administration--14.0 FTE
positions............................................ 2,071,100
Rural health services--1.0 FTE position................ 1,410,300
Michigan essential health provider..................... 872,700
Primary care services--1.4 FTE positions............... 2,886,900
GROSS APPROPRIATION.................................... $ 17,646,300
Appropriated from:
Interdepartmental grant revenues:
Interdepartmental grant from the department of
treasury, Michigan state hospital finance authority.. 116,300
Interdepartmental grant from the department of
licensing and regulatory affairs..................... 2,040,700
Federal revenues:
Total federal revenues................................. 5,432,600
Special revenue funds:
Total local revenues................................... 100,000
Total private revenues................................. 255,000
Total other state restricted revenues.................. 6,232,600
State general fund/general purpose..................... $ 3,469,100
Sec. 108. INFECTIOUS DISEASE CONTROL
Full-time equated classified positions........... 50.7
AIDS prevention, testing, and care programs--12.7 FTE
positions............................................ $ 59,449,300
Immunization local agreements.......................... 11,975,200
Immunization program management and field support--
15.0 FTE positions................................... 1,786,300
Pediatric AIDS prevention and control--1.0 FTE
position............................................. 1,231,400
Sexually transmitted disease control local agreements.. 3,360,700
Sexually transmitted disease control management and
field support--22.0 FTE positions.................... 3,743,300
GROSS APPROPRIATION.................................... $ 81,546,200
Appropriated from:
Federal revenues:
Total federal revenues................................. 43,541,200
Special revenue funds:
Total private revenues................................. 27,707,700
Total other state restricted revenues.................. 7,470,600
State general fund/general purpose..................... $ 2,826,700
Sec. 109. LABORATORY SERVICES
Full-time equated classified positions.......... 111.0
Laboratory services--111.0 FTE positions............... $ 17,183,900
GROSS APPROPRIATION.................................... $ 17,183,900
Appropriated from:
Interdepartmental grant revenues:
Interdepartmental grant from the department of
environmental quality................................ 471,900
Federal revenues:
Total federal revenues................................. 2,092,300
Special revenue funds:
Total other state restricted revenues.................. 8,267,600
State general fund/general purpose..................... $ 6,352,100
Sec. 110. EPIDEMIOLOGY
Full-time equated classified positions.......... 126.7
AIDS surveillance and prevention program............... $ 2,254,100
Asthma prevention and control--2.6 FTE positions....... 856,900
Bioterrorism preparedness--66.6 FTE positions.......... 49,286,900
Epidemiology administration--40.0 FTE positions........ 8,202,000
Lead abatement program--7.0 FTE positions.............. 2,647,700
Newborn screening follow-up and treatment services--
10.5 FTE positions................................... 5,337,800
Tuberculosis control and prevention.................... 867,000
GROSS APPROPRIATION.................................... $ 69,452,400
Appropriated from:
Federal revenues:
Total federal revenues................................. 61,271,300
Special revenue funds:
Total private revenues................................. 25,000
Total other state restricted revenues.................. 6,367,900
State general fund/general purpose..................... $ 1,788,200
Sec. 111. LOCAL HEALTH ADMINISTRATION AND GRANTS
Full-time equated classified positions............ 2.0
Essential local public health services................. $ 37,386,100
Implementation of 1993 PA 133, MCL 333.17015........... 20,000
Local health services--2.0 FTE positions............... 500,000
Medicaid outreach cost reimbursement to local health
departments.......................................... 9,000,000
GROSS APPROPRIATION.................................... $ 46,906,100
Appropriated from:
Federal revenues:
Total federal revenues................................. 9,500,000
Special revenue funds:
Total local revenues................................... 5,150,000
State general fund/general purpose..................... $ 32,256,100
Sec. 112. CHRONIC DISEASE AND INJURY PREVENTION AND
HEALTH PROMOTION
Full-time equated classified positions........... 75.5
Cancer prevention and control program--12.0 FTE
positions............................................ $ 14,298,200
Chronic disease control and health promotion
administration--33.4 FTE positions................... 5,950,100
Diabetes and kidney program--12.2 FTE positions........ 1,777,600
Public health traffic safety coordination--1.0 FTE
position............................................. 87,500
Smoking prevention program--14.0 FTE positions......... 2,075,000
Violence prevention--2.9 FTE positions................. 2,123,200
GROSS APPROPRIATION.................................... $ 26,311,600
Appropriated from:
Federal revenues:
Total federal revenues................................. 23,884,200
Special revenue funds:
Total private revenues................................. 61,600
Total other state restricted revenues.................. 649,700
State general fund/general purpose..................... $ 1,716,100
Sec. 113. FAMILY, MATERNAL, AND CHILDREN'S HEALTH
SERVICES
Full-time equated classified positions........... 55.1
Childhood lead program--6.0 FTE positions.............. $ 1,598,400
Dental programs--3.0 FTE positions..................... 992,000
Dental program for persons with developmental
disabilities......................................... 151,000
Family, maternal, and children's health services
administration--43.6 FTE positions................... 6,047,700
Family planning local agreements....................... 9,085,700
Local MCH services..................................... 7,018,100
Pregnancy prevention program........................... 602,100
Prenatal care outreach and service delivery support.... 3,794,200
Special projects--2.5 FTE positions.................... 8,397,800
Sudden infant death syndrome program................... 321,300
GROSS APPROPRIATION.................................... $ 38,008,300
Appropriated from:
Federal revenues:
Total federal revenues................................. 32,846,800
Special revenue funds:
Total local revenues................................... 75,000
State general fund/general purpose..................... $ 5,086,500
Sec. 114. 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............. $ 15,900,800
Women, infants, and children program local agreements
and food costs....................................... 253,825,500
GROSS APPROPRIATION.................................... $ 269,726,300
Appropriated from:
Federal revenues:
Total federal revenues................................. 211,112,500
Special revenue funds:
Total private revenues................................. 58,613,800
State general fund/general purpose..................... $ 0
Sec. 115. CHILDREN'S SPECIAL HEALTH CARE SERVICES
Full-time equated classified positions........... 47.8
Children's special health care services
administration--45.0 FTE positions................... $ 5,245,700
Bequests for care and services--2.8 FTE positions...... 1,511,400
Outreach and advocacy.................................. 3,773,500
Nonemergency medical transportation.................... 2,679,300
Medical care and treatment............................. 294,056,500
GROSS APPROPRIATION.................................... $ 307,266,400
Appropriated from:
Federal revenues:
Total federal revenues................................. 175,308,200
Special revenue funds:
Total private revenues................................. 996,800
Total other state restricted revenues.................. 3,843,600
State general fund/general purpose..................... $ 127,117,800
Sec. 116. CRIME VICTIM SERVICES COMMISSION
Full-time equated classified positions........... 13.0
Grants administration services--13.0 FTE positions..... $ 1,811,300
Justice assistance grants.............................. 19,106,100
Crime victim rights services grants.................... 16,570,000
GROSS APPROPRIATION.................................... $ 37,487,400
Appropriated from:
Federal revenues:
Total federal revenues................................. 23,467,200
Special revenue funds:
Total other state restricted revenues.................. 14,020,200
State general fund/general purpose..................... $ 0
Sec. 117. OFFICE OF SERVICES TO THE AGING
Full-time equated classified positions........... 43.5
Office of services to aging administration--43.5 FTE
positions............................................ $ 6,408,800
Community services..................................... 35,314,400
Nutrition services..................................... 35,430,200
Foster grandparent volunteer program................... 2,233,600
Retired and senior volunteer program................... 627,300
Senior companion volunteer program..................... 1,604,400
Employment assistance.................................. 3,792,500
Respite care program................................... 5,868,700
GROSS APPROPRIATION.................................... $ 91,279,900
Appropriated from:
Federal revenues:
Total federal revenues................................. 57,159,200
Special revenue funds:
Total private revenues................................. 677,500
Merit award trust fund................................. 4,468,700
Total other state restricted revenues.................. 1,400,000
State general fund/general purpose..................... $ 27,574,500
Sec. 118. MEDICAL SERVICES ADMINISTRATION
Full-time equated classified positions.......... 415.0
Medical services administration--415.0 FTE positions... $ 65,057,000
Facility inspection contract........................... 132,800
MIChild administration................................. 4,327,800
GROSS APPROPRIATION.................................... $ 69,517,600
Appropriated from:
Federal revenues:
Total federal revenues................................. 47,476,900
Special revenue funds:
Total local revenues................................... 105,900
Total private revenues................................. 100,000
Total other state restricted revenues.................. 110,100
State general fund/general purpose..................... $ 21,724,700
Sec. 119. MEDICAL SERVICES
Hospital services and therapy.......................... $ 1,273,299,300
Hospital disproportionate share payments............... 45,000,000
Physician services..................................... 303,223,900
Medicare premium payments.............................. 409,169,400
Pharmaceutical services................................ 338,717,500
Home health services................................... 6,791,100
Hospice services....................................... 139,637,700
Transportation......................................... 16,009,800
Auxiliary medical services............................. 6,252,100
Dental services........................................ 162,930,800
Ambulance services..................................... 10,900,000
Long-term care services................................ 1,686,454,600
Medicaid home- and community-based services waiver..... 229,921,000
Adult home help services............................... 289,032,800
Personal care services................................. 14,421,500
Program of all-inclusive care for the elderly.......... 30,707,800
Health plan services................................... 4,093,812,400
MIChild program........................................ 51,753,100
Plan first family planning waiver...................... 13,089,200
Medicaid adult benefits waiver......................... 105,877,700
Special indigent care payments......................... 88,518,500
Federal Medicare pharmaceutical program................ 185,599,300
Maternal and child health.............................. 20,279,500
Subtotal basic medical services program................ 9,521,399,000
School-based services.................................. 91,296,500
Special Medicaid reimbursement......................... 339,382,000
Subtotal special medical services payments............. 430,678,500
GROSS APPROPRIATION.................................... $ 9,952,077,500
Appropriated from:
Federal revenues:
Total federal revenues................................. 6,579,215,500
Special revenue funds:
Total local revenues................................... 68,249,700
Total private revenues................................. 6,332,200
Merit award trust fund................................. 82,275,800
Total other state restricted revenues.................. 1,940,891,700
State general fund/general purpose..................... $ 1,275,112,600
Sec. 120. INFORMATION TECHNOLOGY
Information technology services and projects........... $ 33,521,400
Michigan Medicaid information system................... 25,723,700
GROSS APPROPRIATION.................................... $ 59,245,100
Appropriated from:
Federal revenues:
Total federal revenues................................. 44,191,200
Special revenue funds:
Total other state restricted revenues.................. 1,865,900
State general fund/general purpose..................... $ 13,188,000
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
FOR FISCAL YEAR 2011-2012
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 2011-2012 is $4,901,035,400.00 and
state spending from state resources to be paid to local units of
government for fiscal year 2011-2012 is $1,417,739,700.00. The
itemized statement below identifies appropriations from which
spending to local units of government will occur:
DEPARTMENT OF COMMUNITY HEALTH
MENTAL HEALTH/SUBSTANCE ABUSE SERVICES ADMINISTRATION
AND SPECIAL PROJECTS
Community residential and support services............. $ 258,500
Housing and support services........................... 599,800
COMMUNITY MENTAL HEALTH/SUBSTANCE ABUSE SERVICES PROGRAMS
State disability assistance program substance abuse
services............................................ $ 2,018,000
Community substance abuse prevention, education, and
treatment programs.................................. 14,576,700
Medicaid mental health services........................ 702,753,600
Community mental health non-Medicaid services.......... 273,908,100
Mental health services for special populations......... 5,842,800
Medicaid adult benefits waiver......................... 10,854,200
Medicaid substance abuse services...................... 15,815,900
Children's waiver home care program.................... 5,906,800
Nursing home PASARR.................................... 2,717,200
Health policy, regulation, and professions
Primary care services.................................. $ 88,900
INFECTIOUS DISEASE CONTROL
AIDS prevention, testing, and care programs............ $ 1,000,000
Sexually transmitted disease control local agreements.. 175,200
LABORATORY SERVICES
Laboratory services.................................... $ 13,700
LOCAL HEALTH ADMINISTRATION AND GRANTS
Implementation of 1993 PA 133, MCL 333.17015........... $ 8,000
Essential local public health services................. 32,256,100
CHRONIC DISEASE AND INJURY PREVENTION AND HEALTH PROMOTION
Cancer prevention and control program.................. $ 450,000
Chronic disease control and health promotion
administration ........................................ 75,000
FAMILY, MATERNAL, AND CHILDREN'S HEALTH SERVICES
Childhood lead program................................. $ 51,100
Prenatal care outreach and service delivery support.... 1,500,000
CHILDREN'S SPECIAL HEALTH CARE SERVICES
Medical care and treatment............................. $ 1,409,900
Outreach and advocacy.................................. 1,237,500
MEDICAL SERVICES
Dental services........................................ $ 2,536,000
Long-term care services................................ 285,952,300
Transportation......................................... 2,971,900
Medicaid adult benefits waiver......................... 6,246,800
Hospital services and therapy.......................... 4,965,500
Physician services..................................... 3,774,800
OFFICE OF SERVICES TO THE AGING
Community services..................................... $ 12,233,500
Nutrition services..................................... 8,787,000
Foster grandparent volunteer program................... 679,800
Retired and senior volunteer program................... 175,000
Senior companion volunteer program..................... 215,000
Respite care program................................... 5,384,800
CRIME VICTIM SERVICES COMMISSION
Crime victim rights services grants.................... $ 10,300,000
TOTAL OF PAYMENTS TO LOCAL UNITS
OF GOVERNMENT.......................................... $ 1,417,739,700
Sec. 202. The appropriations authorized under this article are
subject to the management and budget act, 1984 PA 431, MCL 18.1101
to 18.1594.
Sec. 203. As used in this article:
(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, 2012.
(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 health care reform legislation" means the patient
protection and affordable care act, Public Law 111-148, and the
health care and education reconciliation act of 2010, Public Law
111-152.
(i) "Federal poverty level" means the poverty guidelines
published annually in the federal register by the United States
department of health and human services under its authority to
revise the poverty line under 42 USC 9902.
(j) "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) "PASARR" means the preadmission screening and annual
resident review required under the omnibus budget reconciliation
act of 1987, section 1919(e)(7) of the social security act, and 42
USC 1396r.
(s) "PIHP" means a specialty prepaid inpatient health plan for
Medicaid mental health services, services to individuals with
developmental disabilities, and substance abuse services. Specialty
prepaid inpatient health plans are described in section 232b of the
mental health code, 1974 PA 258, MCL 330.1232b.
(t) "Title XVIII" and "Medicare" mean title XVIII of the
social security act, 42 USC 1395 to 1395kkk.
(u) "Title XIX" and "Medicaid" mean title XIX of the social
security act, 42 USC 1396 to 1396w-5.
(v) "Title XX" means title XX of the social security act, 42
USC 1397 to 1397m-5.
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 this article 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 this article 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 this
article 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 this
article under section 393(2) of the management and budget act, 1984
PA 431, MCL 18.1393.
Sec. 208. Unless otherwise specified, the departments shall
use the Internet to fulfill the reporting requirements of this
article. 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 shall take all reasonable steps to
ensure that 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. 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. 215. (1) The department shall report 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 by no later than April 1 of the
current fiscal year on each specific policy change made by the
department to implement a public act affecting that department that
took effect during the preceding calendar year.
(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. 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. 259. From the funds appropriated in part 1 for
information technology, departments and agencies shall pay user
fees to the department of technology, management, and budget for
technology-related services and projects. The user fees shall be
subject to provisions of an interagency agreement between the
department and agencies and the department of technology,
management, and budget.
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.
Sec. 265. 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. 266. (1) Due to the current budgetary problems in this
state, out-of-state travel for the fiscal year ending September 30,
2012 shall be limited to situations in which 1 or more of the
following conditions apply:
(a) The travel is required by legal mandate or court order or
for law enforcement purposes.
(b) The travel is necessary to protect the health or safety of
Michigan citizens or visitors or to assist other states in similar
circumstances.
(c) The travel is necessary to produce budgetary savings or to
increase state revenues, including protecting existing federal
funds or securing additional federal funds.
(d) The travel is necessary to comply with federal
requirements.
(e) The travel is necessary to secure specialized training for
staff that is not available within this state.
(f) The travel is financed entirely by federal or nonstate
funds.
(2) If out-of-state travel is necessary but does not meet 1 or
more of the conditions in subsection (1), the state budget director
may grant an exception to allow the travel. Any exceptions granted
by the state budget director shall be reported on a monthly basis
to the senate and house of representatives standing committees on
appropriations.
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
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 activities that the
attorney general authorizes.
Sec. 282. (1) The department, through its organizational units
responsible for departmental administration, operation, and
finance, shall establish uniform definitions, standards, and
instructions for the classification, allocation, assignment,
calculation, recording, and reporting of administrative costs by
the following entities:
(a) Coordinating agencies on substance abuse and the Salvation
Army harbor light program that receive payment or reimbursement
from funds appropriated under section 104.
(b) Area agencies on aging and local providers that receive
payment or reimbursement from funds appropriated under section 117.
(2) By May 15 of the current fiscal year, the department shall
provide a written draft of its proposed definitions, standards, and
instructions to the house of representatives and senate
appropriations subcommittees on community health, the house and
senate fiscal agencies, and the state budget director.
Sec. 287. Not later than November 15, 2011, the department
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 office of the state budget, the
chairpersons of the senate and house of representatives standing
appropriations committees, and the senate and house fiscal
agencies.
Sec. 292. (1) The department shall 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.
(2) The department may develop and operate its own website to
provide this information or may reference the state's central
transparency website as the source for this information.
Sec. 294. 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. 295. The department shall explore program and other
service areas, including eligibility determination, where
privatization may lead to increased efficiencies and budgetary
savings.
Sec. 296. Within 14 days after the release of the executive
budget recommendation, the department shall provide the state
budget director, the senate and house appropriations chairs, the
senate and house appropriations subcommittees on community health,
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, 2011 and
September 30, 2012.
COMMUNITY MENTAL HEALTH/SUBSTANCE ABUSE SERVICES PROGRAMS
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. The
department shall ensure that each CMHSP or PIHP provides all of the
following:
(a) A system of single entry and single exit.
(b) A complete array of mental health services that includes,
but is not limited to, all of the following services: residential
and other individualized living arrangements, outpatient services,
acute inpatient services, and long-term, 24-hour inpatient care in
a structured, secure environment.
(c) The coordination of inpatient and outpatient hospital
services through agreements with state-operated psychiatric
hospitals, units, and centers in facilities owned or leased by the
state, and privately-owned hospitals, units, and centers licensed
by the state pursuant to sections 134 through 149b of the mental
health code, 1974 PA 258, MCL 330.1134 to 330.1149b.
(d) Individualized plans of service that are sufficient to
meet the needs of individuals, including those discharged from
psychiatric hospitals or centers, and that ensure the full range of
recipient needs is addressed through the CMHSP's or PIHP's program
or through assistance with locating and obtaining services to meet
these needs.
(e) A system of case management or care management to monitor
and ensure the provision of services consistent with the
individualized plan of services or supports.
(f) A system of continuous quality improvement.
(g) A system to monitor and evaluate the mental health
services provided.
(h) A system that serves at-risk and delinquent youth as
required under the provisions of the mental health code, 1974 PA
258, MCL 330.1001 to 330.2106.
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
ensure that CMHSPs or PIHPs meet with multicultural service
providers to develop a workable framework for contracting, service
delivery, and reimbursement.
(2) Funds appropriated in part 1 for mental health services
for special populations shall not be utilized for services provided
to illegal immigrants, fugitive felons, and individuals who are not
residents of this state. The department shall maintain contracts
with recipients of multicultural services grants that mandate
grantees establish that recipients of services are legally residing
in the United States. An exception to the contractual provision
shall be allowed to address individuals presenting with emergent
mental health conditions.
(3) The department shall require an annual report from the
independent organizations that receive mental health services for
special populations funding. The annual report, due January 1 of
the current fiscal year, shall include specific information on
services and programs provided, the client base to which the
services and programs were provided, information on any wrap around
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 and the senate and
house fiscal agencies.
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 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 or
PIHP 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. 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 or PIHPs.
(i) Information about contracts for mental health services
entered into by CMHSPs or PIHPs with providers, 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 for services provided to CMHSPs or
PIHPs.
(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 or PIHP 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 or PIHPs.
(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 or PIHPs 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 or PIHP.
(4) The department shall take all reasonable actions to ensure
that the data required are complete and consistent among all CMHSPs
or PIHPs.
Sec. 406. (1) The funds appropriated in part 1 for the state
disability assistance substance abuse services program shall be
used to support per diem room and board payments in substance abuse
residential facilities. Eligibility of clients for the state
disability assistance substance abuse services program shall
include needy persons 18 years of age or older, or emancipated
minors, who reside in a substance abuse treatment center.
(2) The department shall reimburse all licensed substance
abuse 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
abuse prevention, education, and treatment grants shall be expended
for contracting with coordinating agencies. Coordinating agencies
shall work with CMHSPs or PIHPs to coordinate care and services
provided to individuals with severe and persistent mental illness
and substance abuse diagnoses.
(2) The department shall approve coordinating agency fee
schedules for providing substance abuse services and charge
participants in accordance with their ability to pay.
(3) It is the intent of the legislature that the coordinating
agencies continue current efforts to collaborate on the delivery of
services to those clients with mental illness and substance abuse
diagnoses.
(4) Coordinating agencies that are located completely within
the boundary of a PIHP shall conduct a study of the administrative
costs and efficiencies associated with consolidation with that
PIHP. If that coordinating agency realizes an administrative cost
savings of 5% or greater of their current costs, then that
coordinating agency shall initiate discussions regarding a
potential merger in accordance with section 6226 of the public
health code, 1978 PA 368, MCL 333.6226. The department shall report
to the legislature by April 1 of the current fiscal year on any
such discussions.
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 abuse 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 coordinating agency, by central
diagnosis and referral agency, by fund source, by subcontractor, by
population served, and by service type. Additionally, data on
administrative expenditures by coordinating agency 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
coordinating agency, 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 coordinating agencies.
Sec. 410. The department shall assure that substance abuse
treatment is provided to applicants and recipients of public
assistance through the department of human services who are
required to obtain substance abuse 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 abuse 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. 458. By April 15 of the current fiscal year, the
department shall provide each of the following to the house and
senate appropriations subcommittees on community health, the house
and senate fiscal agencies, and the state budget director:
(a) An updated plan for implementing each of the
recommendations of the Michigan mental health commission made in
the commission's report dated October 15, 2004.
(b) A report that evaluates the cost-benefit of establishing
secure residential facilities of fewer than 17 beds for adults with
serious mental illness, modeled after such programming in Oregon or
other states. This report shall examine the potential impact that
utilization of secure residential facilities would have upon the
state's need for adult mental health facilities.
(c) In conjunction with the state court administrator's
office, a report that evaluates the cost-benefit of establishing a
specialized mental health court program that diverts adults with
serious mental illness alleged to have committed an offense deemed
nonserious into treatment prior to the filing of any charges.
Sec. 462. (1) With the exception of administrative costs, in
order to implement the fiscal year 2011-2012 funding reduction to
the community mental health non-Medicaid services line, the
department shall further implement the funding formula that was
partially implemented during fiscal year 2009-2010 in which the
funding reduction does not exceed 4% for each CMHSP.
(2) The department may convene a workgroup including CMHSPs
regarding the allocation of the current fiscal year administrative
reduction of up to $3,400,000.00.
Sec. 468. To foster a more efficient administration of and to
integrate care in publicly funded mental health and substance abuse
services, the department shall maintain criteria for the
incorporation of a city, county, or regional substance abuse
coordinating agency into a local community mental health authority
that will encourage those city, county, or regional coordinating
agencies to incorporate as local community mental health
authorities. If necessary, the department may make accommodations
or adjustments in formula distribution to address administrative
costs related to the maintenance of the criteria under this section
and to the incorporation of the additional coordinating agencies
into local community mental health authorities provided that all of
the following are satisfied:
(a) The department provides funding for the administrative
costs incurred by coordinating agencies incorporating into
community mental health authorities. The department shall not
provide more than $75,000.00 to any coordinating agency for
administrative costs.
(b) The accommodations or adjustments favor coordinating
agencies who voluntarily elect to integrate with local community
mental health authorities.
(c) The accommodations or adjustments do not negatively affect
other coordinating agencies.
Sec. 470. (1) For those substance abuse coordinating agencies
that have voluntarily incorporated into community mental health
authorities and accepted funding from the department for
administrative costs incurred pursuant to section 468, the
department shall establish written expectations for those CMHSPs,
PIHPs, and substance abuse coordinating agencies and counties with
respect to the integration of mental health and substance abuse
services. At a minimum, the written expectations shall provide for
the integration of those services as follows:
(a) Coordination and consolidation of administrative functions
and redirection of efficiencies into service enhancements.
(b) Consolidation of points of 24-hour access for mental
health and substance abuse services in every community.
(c) Alignment of coordinating agencies and PIHPs boundaries to
maximize opportunities for collaboration and integration of
administrative functions and clinical activities.
(2) By May 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 on the impact and effectiveness of this section
and the status of the integration of mental health and substance
abuse services.
Sec. 474. The department shall ensure that each contract with
a CMHSP or PIHP requires the CMHSP or PIHP to provide each
recipient and his or her family with information regarding the
different types of guardianship and the alternatives to
guardianship. A CMHSP or PIHP shall not, in any manner, attempt to
reduce or restrict the ability of a recipient or his or her family
from seeking to obtain any form of legal guardianship without just
cause.
Sec. 490. (1) The department shall continue a workgroup to
develop a plan to maximize uniformity and consistency in the
standards required of providers contracting directly with PIHPs,
CMHSPs, and substance abuse coordinating agencies. These standards
shall apply to community living supports, personal care services,
substance abuse services, skill-building services, and other
similar supports and services providers who contract with PIHPs,
CMHSPs, and substance abuse coordinating agencies or their
contractors.
(2) The workgroup shall include representatives of the
department, PIHPs, CMHSPs, substance abuse coordinating agencies,
and affected providers. The standards shall include, but are not
limited to, contract language, training requirements for direct
support staff, performance indicators, financial and program
audits, and billing procedures.
(3) The department shall provide a status report on the
workgroup's efforts to the senate and house appropriations
subcommittees on community health, the senate and house fiscal
agencies, and the state budget director by June 1 of the current
fiscal year.
Sec. 491. The department shall explore changes in program
policy in the habilitation supports waiver for persons with
developmental disabilities that would permit the movement of a slot
that has become available to a county that has demonstrated a
greater need for the services.
Sec. 492. If a CMHSP has entered into an agreement with a
county or county sheriff to provide mental health services to the
inmates of the county jail, the department shall not prohibit the
use of state general fund/general purpose dollars by CMHSPs to
provide mental health services to inmates of a county jail.
Sec. 494. (1) In order to avoid duplication of efforts, the
department shall utilize applicable national accreditation review
criteria to determine compliance with corresponding state
requirements for CMHSPs, PIHPs, or subcontracting provider agencies
that have been reviewed and accredited by a national accrediting
entity for behavioral health care services.
(2) Upon a coordinated submission by the CMHSPs, PIHPs, or
subcontracting provider agencies, a listing of program requirements
that are part of the state program review criteria but are not
reviewed by an applicable national accrediting entity, the
department shall review the listing and provide a recommendation to
the house and senate appropriations subcommittees on community
health, the house and senate fiscal agencies, and the state budget
office as to whether or not state program review should continue.
The CMHSPs, PIHPs, or subcontracting agencies may request the
department to convene a workgroup to fulfill this section.
(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, or other appropriate
entity, as approved by the department.
(5) By July 1 of the current fiscal year, the department shall
provide a progress report to the house and senate appropriations
subcommittees on community health, the house and senate fiscal
agencies, and the state budget office on implementation of this
section.
Sec. 495. It is the intent of the legislature that the
department begin working with the centers for Medicare and Medicaid
services to develop a program that creates a medical home for the
individuals receiving Medicaid mental health benefits.
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. 497. The population data used in determining the
distribution of substance abuse block grant funds shall be from the
most recent federal census.
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. Unexpended and unencumbered amounts and accompanying
expenditure authorizations up to $1,000,000.00 remaining on
September 30 of the current fiscal year from the amounts
appropriated in part 1 for gifts and bequests for patient living
and treatment environments shall be carried forward for 1 fiscal
year. 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, 2011, 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. The department shall report to the senate and house
appropriations subcommittees on community health by April 1 of the
current fiscal year on its criteria and methodology used to derive
the information provided to residents in the annual Michigan fish
advisory.
Sec. 653. The department shall maintain plans to address
potential state public health emergencies.
HEALTH POLICY
Sec. 704. The department shall continue to contract with
grantees supported through the appropriation in part 1 for the
emergency medical services grants and contracts to ensure that a
sufficient number of qualified emergency medical services personnel
exist to serve rural areas of the state.
Sec. 709. 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.
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.
INFECTIOUS DISEASE CONTROL
Sec. 804. The department, in conjunction with efforts to
implement the Michigan prisoner reentry initiative, shall cooperate
with the department of corrections to share data and information as
they relate to prisoners being released who are HIV positive or
positive for the hepatitis C antibody.
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).
CHRONIC DISEASE AND INJURY PREVENTION AND HEALTH PROMOTION
Sec. 1004. It is the intent of the legislature that the
department continue to collaborate with the county of St. Clair and
the city of Detroit southwest community to investigate and evaluate
cancer rates.
FAMILY, MATERNAL, AND CHILDREN'S HEALTH SERVICES
Sec. 1103. Beginning January 3, 2012, the department shall
annually issue to the legislature, and to the public on the
Internet, a report providing estimated public funds administered by
the department for family planning, sexually transmitted infection
prevention and treatment, and pregnancies and births, as well as
demographics collected by the department as self-reported by
individuals utilizing those 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
in compliance with all performance and quality assurance indicators
that the office of family planning within the United States
department of health and human services specifies in the family
planning annual report. An agency not in compliance with the
indicators shall not receive supplemental or reallocated funds.
Sec. 1108. The funds appropriated in part 1 for pregnancy
prevention programs shall not be used to provide 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. 1117. Contingent upon the availability of federal or
state restricted funds, the department may pursue efforts to reduce
the incidence of stillbirth. Efforts shall include the
establishment of a program to increase public awareness of
stillbirth, promote education to monitor fetal movements counting
kicks, promote a uniform definition of stillbirth, standardize data
collection of stillbirths, and collaborate with appropriate federal
agencies and statewide organizations. The department shall seek
federal or other grant funds to assist in implementing this
program.
Sec. 1119. From the funds appropriated in part 1 for family
planning local agreements or pregnancy prevention programs, no
state funds shall be used to encourage or support abortion
services.
Sec. 1133. The department shall release infant mortality rate
data to all local public health departments 72 hours or more before
releasing infant mortality rate data to the public.
Sec. 1135. (1) If funds become available, provision of the
school health education curriculum, such as the Michigan model for
health or another comprehensive school health education curriculum,
shall be in accordance with the health education goals established
by the Michigan model steering committee. The steering committee
shall be composed of a representative from each of the following
offices and departments:
(a) The department of education.
(b) The department of community health.
(c) The health administration in the department of community
health.
(d) The mental health and substance abuse administration in
the department of community health.
(e) The department of human services.
(f) The department of state police.
(2) Upon written or oral request, a pupil not less than 18
years of age or a parent or legal guardian of a pupil less than 18
years of age, within a reasonable period of time after the request
is made, shall be informed of the content of a course in the health
education curriculum and may examine textbooks and other classroom
materials that are provided to the pupil or materials that are
presented to the pupil in the classroom. This subsection does not
require a school board to permit pupil or parental examination of
test questions and answers, scoring keys, or other examination
instruments or data used to administer an academic examination.
WOMEN, INFANTS, AND CHILDREN FOOD AND NUTRITION PROGRAM
Sec. 1153. The department shall ensure that individuals
residing in rural communities have sufficient access to the
services offered through the WIC program.
CHILDREN'S SPECIAL HEALTH CARE SERVICES
Sec. 1202. The department may do 1 or more of the following:
(a) Provide special formula for eligible clients with
specified metabolic and allergic disorders.
(b) Provide medical care and treatment to eligible patients
with cystic fibrosis who are 21 years of age or older.
(c) Provide medical care and treatment to eligible patients
with hereditary coagulation defects, commonly known as hemophilia,
who are 21 years of age or older.
(d) Provide human growth hormone to eligible patients.
Sec. 1204. By October 1, 2011, the department shall report to
the senate and house appropriations committees on community health
and the senate and house fiscal agencies on its plan for enrolling
Medicaid eligible children's special health care services
recipients in the Medicaid health plans. The report shall include
information on which Medicaid health plans are participating, the
methods used to assure continuity of care and continuity of ongoing
relationships with providers, and projected savings from the
implementation of the proposal.
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. 1401. The appropriation in part 1 to the office of
services to the aging for community services and nutrition services
shall be restricted to eligible individuals at least 60 years of
age who fail to qualify for home care services under title XVIII,
XIX, or XX.
Sec. 1403. (1) 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. 1420. If funds become available, the department shall
create a pilot project to establish an aging care management
services program with services provided solely by nurses. This
pilot project shall be established in a county with a population
greater than 150,000 but less than 250,000.
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.
(4) The department shall modify program policies to permit
individuals eligible for the transitional medical assistance plus
program, as structured in fiscal year 2009-2010, to access medical
assistance coverage through a 100% cost share.
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 of community health 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. 1627. (1) The department shall use procedures and rebate
amounts specified under section 1927 of title XIX, 42 USC 1396r-8,
to secure quarterly rebates from pharmaceutical manufacturers for
outpatient drugs dispensed to participants in the MIChild program,
maternal outpatient medical services program, and children's
special health care services.
(2) For products distributed by pharmaceutical manufacturers
not providing quarterly rebates as listed in subsection (1), the
department may require preauthorization.
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. 1630. Medicaid coverage for adult dental and podiatric
services shall continue at not less than the level in effect on
October 1, 2002, except that reasonable utilization limitations may
be adopted in order to prevent excess utilization.
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. 1642. The department shall allow ambulatory surgery
centers in this state to fully participate in the Medicaid program.
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 article 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 abuse, and developmentally
disabled services program: 404, 411, 418, 428, 474, 494, 1607,
1657, 1662, 1689, 1699, 1740, 1764, 1787, 1815, 1820, 1835, 1850,
and 1853.
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 200% 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
article. Health coverage for children in families between 150% and
200% 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 200% of the federal poverty level. The department's
verification policy shall be used to determine eligibility.
(5) The department shall enter into a contract to obtain
MIChild services from any HMO, dental care corporation, or any
other entity that offers to provide the managed health care
benefits for MIChild services at the MIChild capitated rate. As
used in this subsection:
(a) "Dental care corporation", "health care corporation",
"insurer", and "prudent purchaser agreement" mean those terms as
defined in section 2 of the prudent purchaser act, 1984 PA 233, MCL
550.52.
(b) "Entity" means a health care corporation or insurer
operating in accordance with a prudent purchaser agreement.
(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.
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. 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) The department is authorized to provide civil monetary
penalty funds to the disability network/Michigan to be distributed
to the 15 centers for independent living for the purpose of
assisting individuals with disabilities who reside in nursing homes
to return to their own homes.
(4) The department is authorized to use civil monetary penalty
funds to conduct a survey evaluating consumer satisfaction and the
quality of care at nursing homes. Factors can include, but are not
limited to, the level of satisfaction of nursing home residents,
their families, and employees. The department may use an
independent contractor to conduct the survey.
(5) Any unexpended penalty money, at the end of the year,
shall carry forward to the following year.
Sec. 1684. The department shall submit a report by September
30 of the current fiscal year to the house and senate
appropriations subcommittees on community health, the house and
senate fiscal agencies, and the state budget director that will
identify by waiver agent, Medicaid home- and community-based
services waiver costs by administration, case management, and
direct services.
Sec. 1685. All nursing home rates, class I and class III,
shall have their respective fiscal year rate set 30 days prior to
the beginning of their rate year. Rates may take into account the
most recent cost report prepared and certified by the preparer,
provider corporate owner or representative as being true and
accurate, and filed timely, within 5 months of the fiscal year end
in accordance with Medicaid policy. If the audited version of the
last report is available, it shall be used. Any rate factors based
on the filed cost report may be retroactively adjusted upon
completion of the audit of that cost report.
Sec. 1689. (1) Priority in enrolling additional individuals in
the Medicaid home- and community-based services waiver program
shall be given to those who are currently residing in nursing homes
or who are eligible to be admitted to a nursing home if they are
not provided home- and community-based services. The department
shall use screening and assessment procedures to assure that no
additional Medicaid eligible individuals are admitted to nursing
homes who would be more appropriately served by the Medicaid home-
and community-based services waiver program. It is the intent of
the legislature that when an individual is transferred from a
nursing home to the home- and community-based services waiver
program, the funding to cover that individual's home- and
community-based services waiver program costs shall be transferred
from the long-term care services line item to the Medicaid home-
and community-based services waiver line item. These funds are not
available for expenditure until they have been transferred to
another line item in this article under section 393(2) of the
management and budget act, 1984 PA 431, MCL 18.1393.
(2) Within 60 days of the end of each fiscal year, the
department shall provide a report to the senate and house
appropriations subcommittees on community health and the senate and
house fiscal agencies that details existing and future allocations
for the home- and community-based services waiver program by
regions as well as the associated expenditures. The report shall
include information regarding the net cost savings from moving
individuals from a nursing home to the home- and community-based
services waiver program, the number of individuals transitioned
from nursing homes to the home- and community-based services waiver
program, the number of individuals on waiting lists by region for
the program, and the amount of funds transferred during the fiscal
year. The report shall also include the number of Medicaid
individuals served and the number of days of care for the home- and
community-based services waiver program and in nursing homes.
(3) The department shall develop a system to collect and
analyze information regarding individuals on the home- and
community-based services waiver program waiting list to identify
the community supports they receive, including, but not limited to,
adult home help, food assistance, and housing assistance services
and to determine the extent to which these community supports help
individuals remain in their home and avoid entry into a nursing
home. The department shall provide a progress report on
implementation to the senate and house appropriations subcommittees
on community health and the senate and house fiscal agencies by
June 1 of the current fiscal year.
(4) The department shall maintain any policies, guidelines,
procedures, standards, and regulations in order to limit the self-
determination option with respect to the home- and community-based
services waiver program to those services furnished by approved
home-based service providers meeting provider qualifications
established in the waiver and approved by the centers for Medicare
and Medicaid services.
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. The department shall distribute $1,122,300.00 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.
(4) The department shall form a workgroup on DSH funding
consisting of representatives from hospitals and hospital systems
receiving DSH funding and the Michigan health and hospital
association. The workgroup shall work to derive a new DSH formula
or formulas designed to provide equitable payments to qualifying
hospitals. The department shall report to the senate and house
appropriations subcommittees on community health and the senate and
house fiscal agencies on the results of the workgroup's efforts by
March 1 of the current fiscal year.
Sec. 1712. (1) Subject to the availability of funds, the
department shall implement a rural health initiative. Available
funds shall first be allocated as an outpatient adjustor payment to
be paid directly to hospitals in rural counties in proportion to
each hospital's Medicaid and indigent patient population.
Additional funds, if available, shall be allocated for
defibrillator grants, emergency medical technician training and
support, or other similar programs.
(2) Except as otherwise specified in this section, "rural"
means a county, city, village, or township with a population of not
more than 30,000, including those entities if located within a
metropolitan statistical area.
Sec. 1718. The department shall provide each Medicaid adult
home help beneficiary or applicant with the right to a fair hearing
when the department or its agent reduces, suspends, terminates, or
denies adult home help services. If the department takes action to
reduce, suspend, terminate, or deny adult home help services, it
shall provide the beneficiary or applicant with a written notice
that states what action the department proposes to take, the
reasons for the intended action, the specific regulations that
support the action, and an explanation of the beneficiary's or
applicant's right to an evidentiary hearing and the circumstances
under which those services will be continued if a hearing is
requested.
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. 1740. From the funds appropriated in part 1 for health
plan services, the department shall assure that all GME funds
continue to be promptly distributed to qualifying hospitals using
the methodology developed in consultation with the graduate medical
education advisory group during fiscal year 2006-2007.
Sec. 1741. The department shall continue to provide nursing
homes the opportunity to receive interim payments upon their
request. The department may disapprove requests or discontinue
interim payments that result in financial risk to this state. The
department shall make reasonable efforts to ensure that the interim
payments are as similar in amount to expected cost-settled
payments.
Sec. 1756. The department shall develop a plan to expand and
improve the beneficiary monitoring program. The department shall
submit this plan to the house and senate appropriations
subcommittees on community health, the house and senate fiscal
agencies, and the state budget director by April 1 of the current
fiscal year.
Sec. 1757. The department shall direct the department of human
services to obtain proof from all Medicaid recipients that they are
legal United States citizens or otherwise legally residing in this
country and that they are residents of this state before approving
Medicaid eligibility.
Sec. 1764. The department shall annually certify rates paid to
Medicaid 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.
Sec. 1770. In conjunction with the consultation requirements
of the social welfare act, 1939 PA 280, MCL 400.1 to 400.119b, and
except as otherwise provided in this section, the department shall
attempt to make the effective date for a proposed Medicaid policy
bulletin or adjustment to the Medicaid provider manual on October
1, January 1, April 1, or July 1 after the end of the consultation
period. The department may provide an effective date for a proposed
Medicaid policy bulletin or adjustment to the Medicaid provider
manual other than provided for in this section if necessary to be
in compliance with federal or state law, regulations, or rules or
with an executive order of the governor.
Sec. 1775. If the state's application for a waiver to
implement managed care for dual Medicare/Medicaid eligible is
approved by the federal government, by April 1, 2012 the department
shall provide a report to the senate and house appropriations
subcommittees on community health and the senate and house fiscal
agencies. This report shall include information on the amount of
Medicare funding that would be provided to the state, the number of
individuals who would be enrolled in the program, which health
plans would be among those providing the services, and the
estimated savings from the new program.
Sec. 1777. From the funds appropriated in part 1 for long-term
care services, the department shall permit, in accordance with
applicable federal and state law, nursing homes to use dining
assistants to feed eligible residents if legislation to permit the
use of dining assistants is enacted into law. The department shall
not be responsible for costs associated with training dining
assistants.
Sec. 1787. The department shall require the managed care
enrollment broker to maintain telephone numbers of Medicaid
beneficiaries and provide each Medicaid health plan with the
telephone number of that health plan's enrollees on a monthly
basis.
Sec. 1793. The department shall consider the development of a
pilot project that focuses on the prevention of preventable
hospitalizations from nursing homes.
Sec. 1804. The department, in cooperation with the department
of human services, 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. 1815. From the funds appropriated in part 1 for health
plan services, the department shall not implement a capitation
withhold as part of the overall capitation rate schedule that
exceeds the 0.19% withhold administered during fiscal year 2008-
2009.
Sec. 1820. (1) In order to avoid duplication of efforts, the
department shall utilize applicable national accreditation review
criteria to determine compliance with corresponding state
requirements for Medicaid health plans that have been reviewed and
accredited by a national accrediting entity for health care
services.
(2) Upon submission by Medicaid health plans of a listing of
program requirements that are part of the state program review
criteria but are not reviewed by an applicable national
accreditating entity, the department shall review the listing and
provide a recommendation to the house and senate appropriations
subcommittees on community health, the house and senate fiscal
agencies, and the state budget office as to whether or not state
program review should continue. The Medicaid health plans may
request the department to convene a workgroup to fulfill this
section.
(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 national committee for quality assurance, the utilization
review accreditation committee, or other appropriate entity, as
approved by the department.
(5) By July 1 of the current fiscal year, the department shall
provide a progress report to the house and senate appropriations
subcommittees on community health, the house and senate fiscal
agencies, and the state budget office on implementation of this
section.
Sec. 1822. The department, the department's contracted
Medicaid pharmacy benefit manager, and all Medicaid health plans
shall implement coverage for a mental health prescription drug
within 30 days of that drug's approval by the department's pharmacy
and therapeutics committee.
Sec. 1832. (1) The department shall continue efforts to
standardize billing formats, referral forms, electronic
credentialing, primary source verification, electronic billing and
attachments, claims status, eligibility verification, and reporting
of accepted and rejected encounter records received in the
department data warehouse.
(2) The department shall convene a workgroup on making e-
billing mandatory for the Medicaid program. The workgroup shall
include representatives from medical provider organizations,
Medicaid HMOs, and the department. The department shall report to
the legislature on the findings of the workgroup by April 1 of the
current fiscal year.
(3) The department shall provide a report by April 1 of the
current fiscal year to the senate and house appropriations
subcommittees on community health and the senate and house fiscal
agencies detailing the percentage of claims for Medicaid
reimbursement provided to the department that were initially
rejected in the first quarter of fiscal year 2011-2012.
Sec. 1835. The department shall develop and implement
processes to report rejected and accepted encounters to Medicaid
health plans. The department shall further enhance encounter data
reporting processes and program rules that make each health plan's
encounter data as complete as possible, provide a fair measure of
acuity for each health plan's enrolled population for risk
adjustment purposes, and minimize health plan administrative
expenses.
Sec. 1836. In addition to the guidelines established in
Medical Services Administration Bulletin MSA 09-28, medically
necessary optical devices and other treatment services for adult
Medicaid patients shall be covered when conventional treatments do
not provide functional vision correction. Such ocular conditions
include, but are not limited to, congenital or acquired ocular
disease or eye trauma.
Sec. 1837. The department shall explore utilization of
telemedicine and telepsychiatry as strategies to increase access to
services for Medicaid recipients in medically underserved areas.
Sec. 1842. (1) Subject to the availability of funds, the
department shall adjust the hospital outpatient Medicaid
reimbursement rate for qualifying hospitals as provided in this
section. The Medicaid reimbursement rate for qualifying hospitals
shall be adjusted to provide each qualifying hospital with its
actual cost of delivering outpatient services to Medicaid
recipients.
(2) As used in this section, "qualifying hospital" means a
hospital that has not more than 50 staffed beds and is either
located outside a metropolitan statistical area or in a
metropolitan statistical area but within a city, village, or
township with a population of not more than 12,000 according to the
official 2000 federal decennial census and within a county with a
population of not more than 165,000 according to the official 2000
federal decennial census.
Sec. 1846. (1) The department shall establish a workgroup on
graduate medical education funding. The workgroup shall include
representatives of teaching hospitals, the Michigan health and
hospital association, and other interested parties.
(2) The workgroup shall do all of the following:
(a) Identify physician specialties where there is a current or
potential shortage of practitioners and identify the geographic
areas of this state where those shortages exist or potentially
could develop.
(b) Research efforts by other states to address practitioner
shortages by adjusting their graduate medical education payments.
(c) Recommend potential policy changes to the graduate medical
education program to help reduce practitioner shortages.
(3) The department shall report the results of the workgroup's
efforts to the senate and house appropriations subcommittees on
community health, the senate and house fiscal agencies, and the
state budget director by April 1 of the current fiscal year.
(4) It is the intent of the legislature that the report
required under subsection (3) be used as a possible basis for the
establishment of new graduate medical education funding formulas in
fiscal year 2012-2013.
Sec. 1847. The department shall meet with the Michigan
association of ambulance services to discuss the possible structure
of an ambulance quality assurance assessment program.
Sec. 1849. (1) The department shall use at least 50% of the
funds allocated for voluntary in-home visiting services for
evidence-based models or models that conform to a promising
approach that are in the process of being evaluated through a
process that meets the requirements described in subsection (2)
with the goal of being evidence-based by January 1, 2013.
(2) As used in this section:
(a) "Evidence-based" means a model or practice that meets all
of the following requirements:
(i) The model or practice is governed by a program manual or
protocol that specifies the purpose, rigorous evaluation
requirements, and duration and frequency of service that
constitutes the model.
(ii) Scientific research using methods that meet scientific
standards, evaluated using either randomized controlled research
designs, or quasi-experimental research designs with equivalent
comparison groups. The effects of such programs must have been
demonstrated with 2 or more separate client samples that the
program improves client outcomes central to the purpose of the
program; and the model or practice monitors program implementation
for fidelity to the specified model.
(b) "In-home visiting services" means a service delivery
strategy that is carried out in the homes of families or children
from conception to school age that provides culturally sensitive
face-to-face visits by nurses, or other professional or
paraprofessionals trained to promote positive parenting practices,
enhance the socio-emotional and cognitive development of children,
improve health of the family, and empower the family to be self-
sufficient.
(3) By February 1 of the current fiscal year, the department
shall submit to the house and senate appropriations subcommittees
on community health an annual report on evidence-based voluntary
in-home visiting services, including a full accounting of
administrative expenditures from the prior fiscal year, and a
summary detailing the demographic characteristics of Medicaid
families served.
(4) No later than September 30, 2011, the department shall
submit a report to the senate and house appropriations
subcommittees on community health on its plan to establish an
integrated benefit for Medicaid evidence-based home visitation
services to be provided by Medicaid health plans for eligible
beneficiaries. The report shall include information on the
potential methods used to assure continuity of care and continuity
of ongoing relationships with providers and their potential
effectiveness. It is the intent of the legislature that the
integrated benefit must be provided by evidence-based service
delivery models or practices in a manner that achieves fidelity to
the evidence-based model.
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. 1853. The department shall form a workgroup composed of
representatives from the Medicaid HMOs and the Michigan association
of health plans to develop revisions to the process of
automatically assigning new Medicaid recipients to HMOs if they do
not choose an HMO upon enrollment. The department shall report on
the results of the workgroup's findings to the senate and house
appropriations subcommittees on community health and the senate and
house fiscal agencies by March 1 of the current fiscal year.
Sec. 1854. The department may work with a provider of kidney
dialysis services and renal care as authorized under section 2703
of the patient protection and affordable care act, Public Law 111-
148, to develop a chronic condition health home program for
Medicaid enrollees identified with chronic kidney disease and who
are beginning dialysis. If initiated, the department shall develop
metrics that evaluate program effectiveness and submit a report to
the senate and house appropriations subcommittees on community
health. Metrics shall include cost savings and clinical outcomes.
Sec. 1855. The department may consider the feasibility of a
revenue-neutral, financially risk-averse Medicaid patient
optimization solution for the support of emergency department
redirection for non-emergent patients.
Sec. 1857. It is the intent of the legislature that the
department not reduce Medicaid reimbursement for wheelchairs.
ONE-TIME BASIS ONLY
Sec. 1901. For the state fiscal year ending September 30,
2012, there is appropriated from general fund/general purpose
revenue, on a 1-time basis only, $22,100,000.00 and federal revenue
for the following purposes:
Mental health services for special populations......... $ 3,000,000
Healthy Michigan fund programs......................... 3,000,000
Primary care services – island health clinics.......... 300,000
Hospital services and therapy – graduate medical
education........................................... 17,129,400
Hospital services and therapy – rural and sole
community hospitals................................. 29,533,400
GROSS APPROPRIATION..................................... $ 52,962,800
Appropriated from:
Federal revenues:
Federal revenues....................................... 30,862,800
State general fund/general purpose..................... $ 22,100,000
Sec. 1902. From the funds appropriated in section 1901 for
healthy Michigan fund programs, $900,000.00 shall be allocated for
cancer prevention and control.
Sec. 1903. (1) From the funds appropriated in section 1901 for
hospital services and therapy – rural and sole community hospitals,
$10,000,000.00 general fund/general purpose revenue and any
associated federal match shall be awarded to hospitals that meet
criteria established by the department for services to low-income
rural residents.
(2) No hospital or hospital system shall receive more than
5.0% of the total funding referenced in subsection (1).
(3) 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.
PART 2A
PROVISIONS CONCERNING ANTICIPATED APPROPRIATIONS
FOR FISCAL YEAR 2012-2013
GENERAL SECTIONS
Sec. 2001. It is the intent of the legislature to provide
appropriations for the fiscal year ending on September 30, 2013 for
the line items listed in part 1. The fiscal year 2012-2013
appropriations are anticipated to be the same as those for fiscal
year 2011-2012, 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 2012 consensus revenue estimating
conference.
ARTICLE V
DEPARTMENT OF CORRECTIONS
PART 1
LINE-ITEM APPROPRIATIONS
FOR FISCAL YEAR 2011-2012
Sec. 101. Subject to the conditions set forth in this article,
the amounts listed in this part are appropriated for the department
of corrections for the fiscal year ending September 30, 2012, from
the funds indicated in this part. The following is a summary of the
appropriations in this part:
DEPARTMENT OF CORRECTIONS
APPROPRIATION SUMMARY
Average population............................. 45,917
Full-time equated unclassified positions......... 16.0
Full-time equated classified positions....... 15,552.8
GROSS APPROPRIATION.................................... $ 1,936,573,800
Appropriated from:
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 943,800
ADJUSTED GROSS APPROPRIATION........................... $ 1,935,630,000
Federal revenues:
Total federal revenues................................. 7,995,100
Special revenue funds:
Total local revenues................................... 447,300
Total private revenues................................. 0
Total other state restricted revenues.................. 52,351,400
State general fund/general purpose..................... $ 1,874,836,200
Sec. 102. EXECUTIVE
Full-time equated unclassified positions......... 16.0
Full-time equated classified positions........... 46.0
Unclassified positions--16.0 FTE positions............. $ 1,192,600
Executive direction--46.0 FTE positions................ 5,411,100
Neal, et al. settlement agreement...................... 15,000,000
GROSS APPROPRIATION.................................... $ 21,603,700
Appropriated from:
State general fund/general purpose..................... $ 21,603,700
Sec. 103. PLANNING AND COMMUNITY SUPPORT
Full-time equated classified positions........... 12.0
MPRI residential stability............................. $ 7,251,300
MPRI employment readiness.............................. 7,265,100
MPRI social support.................................... 4,861,000
MPRI health and behavioral health...................... 3,357,700
MPRI operations support................................ 3,848,400
MPRI reintegration, training, and employment........... 600,000
MPRI other projects.................................... 26,726,200
MPRI federal grants.................................... 1,035,000
Substance abuse testing and treatment services--12.0
FTE positions........................................ 24,070,900
Residential services................................... 18,075,500
Community corrections comprehensive plans and services. 13,958,000
Regional jail program.................................. 100
Felony drunk driver jail reduction and community
treatment program.................................... 1,440,100
County jail reimbursement program...................... 17,072,100
GROSS APPROPRIATION.................................... $ 129,561,400
Appropriated from:
Federal revenues:
DOJ, office of justice programs, RSAT.................. 143,900
DOJ, prisoner reintegration............................ 1,035,000
Special revenue funds:
Jail reimbursement program fund........................ 5,900,000
State general fund/general purpose..................... $ 122,482,500
Sec. 104. OPERATIONS SUPPORT ADMINISTRATION
Full-time equated classified positions.......... 152.9
Operations support administration--45.0 FTE positions.. $ 4,110,700
New custody staff training............................. 4,094,100
Compensatory buyout and union leave bank............... 100
Worker's compensation.................................. 16,278,900
Bureau of fiscal management--90.9 FTE positions........ 8,448,300
Office of legal services--6.0 FTE positions............ 2,345,100
Internal affairs--11.0 FTE positions................... 1,219,300
Rent................................................... 2,095,200
Equipment and special maintenance...................... 2,425,500
Administrative hearings officers....................... 2,682,900
Judicial data warehouse user fees...................... 50,000
Interdepartmental grant to judiciary................... 1,000,000
Interdepartmental grant to corrections ombudsman....... 250,000
Sheriffs' coordinating and training office............. 500,000
Prosecutorial and detainer expenses.................... 4,051,000
GROSS APPROPRIATION.................................... $ 49,551,100
Appropriated from:
Interdepartmental grant revenues:
IDG-MDSP, Michigan justice training fund............... 313,200
Special revenue funds:
Local corrections officer training fund................ 500,000
Correctional industries revolving fund................. 534,600
State general fund/general purpose..................... $ 48,203,300
Sec. 105. FIELD OPERATIONS ADMINISTRATION
Full-time equated classified positions........ 2,161.9
Field operations--2,007.9 FTE positions................ $ 184,553,200
Parole board operations--45.0 FTE positions............ 4,517,400
Parole/probation services.............................. 2,243,500
Community re-entry centers--48.0 FTE positions......... 14,269,300
Electronic monitoring center--61.0 FTE positions....... 16,570,200
GROSS APPROPRIATION.................................... $ 222,153,600
Appropriated from:
Special revenue funds:
Local - community tether program reimbursement......... 447,300
Re-entry center offender reimbursements................ 141,600
Parole and probation oversight fees.................... 6,300,000
Parole and probation oversight fees set-aside.......... 2,649,500
Tether program participant contributions............... 2,033,800
State general fund/general purpose..................... $ 210,581,400
Sec. 106. CORRECTIONAL FACILITIES-ADMINISTRATION
Average population.............................. 1,750
Full-time equated classified positions........ 1,249.1
Correctional facilities administration--29.0 FTE
positions............................................ $ 8,186,400
Prison food service--394.0 FTE positions............... 56,718,200
Transportation--211.6 FTE positions.................... 19,043,600
Central records--53.5 FTE positions.................... 3,906,100
Inmate legal services.................................. 715,900
Loans to parolees...................................... 179,400
Housing inmates in federal institutions................ 793,900
Prison store operations--75.0 FTE positions............ 1,467,100
Prison industries operations--189.0 FTE positions...... 21,325,400
Federal school lunch program........................... 712,800
Leased beds and alternatives to leased beds............ 10,000,100
Public works programs.................................. 10,000,000
Cost-effective housing initiative...................... 47,906,300
Average population.............................. 1,750
Inmate housing fund.................................... (79,232,700)
Education program--252.0 FTE positions................. 31,279,600
GROSS APPROPRIATION.................................... $ 133,002,100
Appropriated from:
Interdepartmental grant revenues:
IDG-MDCH, forensic center food service................. 630,600
Federal revenues:
DAG-FNS, national school lunch......................... 712,800
DED-OESE, title 1...................................... 533,500
DED-OVAE, adult education.............................. 911,200
DED-OSERS.............................................. 110,200
DED, vocational education equipment.................... 283,100
DED, youthful offender/Specter grant................... 1,318,400
DOJ-BOP, federal prisoner reimbursement................ 211,100
DOJ-OJP, serious and violent offender reintegration
initiative........................................... 10,400
DOJ, prison rape elimination act grant................. 1,037,900
SSA-SSI, incentive payment............................. 144,300
Special revenue funds:
Correctional industries revolving fund................. 21,325,400
Public works user fees................................. 10,000,000
Resident stores........................................ 1,467,100
State general fund/general purpose..................... $ 94,306,100
Sec. 107. HEALTH CARE
Full-time equated classified positions........ 1,690.0
Health care administration--14.0 FTE positions......... $ 3,236,200
Prisoner health care services.......................... 93,095,500
Vaccination program.................................... 691,200
Interdepartmental grant to human services, eligibility
specialists.......................................... 100,000
Mental health services and support--546.0 FTE
positions............................................ 55,069,200
Northern region clinical complexes--366.6 FTE
positions............................................ 43,198,100
Southern region clinical complexes--763.4 FTE
positions............................................ 116,384,000
GROSS APPROPRIATION.................................... $ 311,774,200
Appropriated from:
Special revenue funds:
Prisoner health care copayments........................ 354,900
State general fund/general purpose..................... $ 311,419,300
Sec. 108. NORTHERN REGION CORRECTIONAL FACILITIES
Average population............................. 18,983
Full-time equated classified positions........ 4,282.9
Alger maximum correctional facility - Munising--265.0
FTE positions........................................ $ 27,249,700
Average population................................ 889
Baraga maximum correctional facility - Baraga--325.1
FTE positions........................................ 31,829,200
Average population................................ 884
Earnest C. Brooks correctional facility - Muskegon--
447.0 FTE positions.................................. 45,545,500
Average population.............................. 2,440
Chippewa correctional facility - Kincheloe--467.4 FTE
positions............................................ 47,846,400
Average population.............................. 2,282
Kinross correctional facility - Kincheloe--339.0 FTE
positions............................................ 35,237,600
Average population.............................. 1,799
Marquette branch prison - Marquette--339.6 FTE
positions............................................ 37,544,000
Average population.............................. 1,201
Newberry correctional facility - Newberry--263.9 FTE
positions............................................ 26,091,500
Average population................................ 978
Oaks correctional facility - Eastlake--306.0 FTE
positions............................................ 34,317,200
Average population.............................. 1,156
Ojibway correctional facility - Marenisco--205.9 FTE
positions............................................ 19,053,300
Average population.............................. 1,090
Central Michigan correctional facility - St. Louis--
416.9 FTE positions.................................. 40,278,900
Average population.............................. 2,400
Pugsley correctional facility - Kingsley--216.0 FTE
positions............................................ 20,464,400
Average population.............................. 1,158
Saginaw correctional facility - Freeland--312.8 FTE
positions............................................ 31,952,400
Average population.............................. 1,480
St. Louis correctional facility - St. Louis--320.3 FTE
positions............................................ 32,541,300
Average population.............................. 1,226
Northern region administration and support--58.0 FTE
positions............................................ 4,304,300
GROSS APPROPRIATION.................................... $ 434,255,700
Appropriated from:
Special revenue funds:
State general fund/general purpose..................... $ 434,255,700
Sec. 109. SOUTHERN REGION CORRECTIONAL FACILITIES
Average population............................. 25,184
Full-time equated classified positions........ 5,958.0
Bellamy Creek correctional facility - Ionia--394.4 FTE
positions............................................ $ 39,857,300
Average population.............................. 1,850
Carson City correctional facility - Carson City--455.1
FTE positions........................................ 47,496,100
Average population.............................. 2,440
Cooper street correctional facility - Jackson--260.9
FTE positions........................................ 28,092,100
Average population.............................. 1,799
G. Robert Cotton correctional facility - Jackson--
402.5 FTE positions.................................. 39,548,100
Average population.............................. 1,841
Charles E. Egeler correctional facility - Jackson--
355.3 FTE positions.................................. 39,929,200
Average population.............................. 1,376
Richard A. Handlon correctional facility - Ionia--
233.4 FTE positions.................................. 24,033,900
Average population.............................. 1,373
Gus Harrison correctional facility - Adrian--444.7 FTE
positions............................................ 45,738,200
Average population.............................. 2,342
Huron Valley correctional complex - Ypsilanti--559.7
FTE positions........................................ 58,478,700
Average population.............................. 1,872
Ionia maximum correctional facility - Ionia--304.7 FTE
positions............................................ 30,890,400
Average population................................ 654
Lakeland correctional facility - Coldwater--262.8 FTE
positions............................................ 24,877,200
Average population.............................. 1,336
Macomb correctional facility - New Haven--304.3 FTE
positions............................................ 30,406,800
Average population.............................. 1,228
Maxey/Woodland Center correctional facility - Whitmore
Lake--272.2 FTE positions............................ 26,084,800
Average population................................ 328
Michigan reformatory - Ionia--320.1 FTE positions...... 34,309,700
Average population.............................. 1,338
Mound correctional facility - Detroit--283.4 FTE
positions............................................ 26,010,600
Average population.............................. 1,062
Parnall correctional facility - Jackson--266.2 FTE
positions............................................ 27,548,800
Average population.............................. 1,678
Ryan correctional facility - Detroit--281.8 FTE
positions............................................ 29,198,600
Average population.............................. 1,048
Thumb correctional facility - Lapeer--292.5 FTE
positions............................................ 30,251,400
Average population.............................. 1,219
Special alternative incarceration program (Camp
Cassidy Lake)--120.0 FTE positions................... 10,149,700
Average population................................ 400
Southern region administration and support--144.0 FTE
positions............................................ 19,946,000
GROSS APPROPRIATION.................................... $ 612,847,600
Appropriated from:
Federal revenues:
DOJ, state criminal alien assistance program........... 1,543,300
Special revenue funds:
Public works user fees................................. 358,700
State general fund/general purpose..................... $ 610,945,600
Sec. 110. INFORMATION TECHNOLOGY
Information technology services and projects........... $ 21,824,400
GROSS APPROPRIATION.................................... $ 21,824,400
Appropriated from:
Special revenue funds:
Correctional industries revolving fund................. 159,600
Parole and probation oversight fees set-aside.......... 626,200
State general fund/general purpose..................... $ 21,038,600
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
FOR FISCAL YEAR 2011-2012
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 2011-2012 is $1,927,187,600.00 and
state spending from state resources to be paid to local units of
government for fiscal year 2011-2012 is $89,893,500.00. 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................................................... $ 53,642,400
Public service work projects........................... 707,800
Community corrections comprehensive plans and services. 13,958,000
Community corrections residential services............. 18,075,500
Community corrections public education and training.... 50,000
Felony drunk driver jail reduction and community
treatment program....................................... 1,440,100
Community re-entry centers............................. 2,019,600
Regional jail program.................................. 100
TOTAL.................................................. $ 89,893,500
Sec. 202. The appropriations authorized under this article are
subject to the management and budget act, 1984 PA 431, MCL 18.1101
to 18.1594.
Sec. 203. As used in this article:
(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 2010-2011:
(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) "MPRI" means the Michigan prisoner reentry initiative.
(z) "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.
(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 done all of
the following:
(i) Regularly reported to his or her assigned field agent.
(ii) Is participating in or has successfully completed all
required substance abuse, mental health, sex offender, or other
treatment as approved by the field agent.
(iii) Not sent or returned to prison for the conviction of a new
crime or the revocation of probation or parole.
(iv) Not been sentenced to a jail term for a new criminal
offense.
(v) Obtained employment, has enrolled or participated in a
program of education or job training, or has investigated all bona
fide employment opportunities.
(vi) Obtained housing.
(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 any of the following:
(i) The arrest and conviction of a supervised individual for a
new offense while under community supervision.
(ii) The adjudication of a supervised individual for a
violation of the conditions of supervision while under community
supervision.
(iii) A sanction resulting from a violation of terms of
supervision that results in a return to prison without being
adjudicated.
(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. 204. The civil service commission shall bill departments
and agencies at the end of the first fiscal quarter for the charges
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. 204a. (1) The department shall collaborate with the civil
service commission and the department of civil service to review
the compensation rates for health care professionals who provide
direct health care services to prisoners within the corrections
system, including, but not limited to, doctors, all nursing
professionals, pharmacists, pharmacy technicians, and
psychologists. The review shall include health care professionals
employed by the state as well as those employed through state
contractors. These rates shall be compared to available data on
compensation rates for comparable medical professionals in the
private sectors who provide services to the general public to
estimate any disparity in compensation.
(2) Following the review, the department shall make
recommendations on changes needed to the state compensation plan
for health care professional positions and to department contracts
with health care providers so that compensation levels are
sufficient to ensure that needed health care professional positions
with vacancies are filled, that the department experiences adequate
retention levels for these positions, and that necessary health
care services are delivered in a timely manner to the prisoner
population. A report outlining these recommendations shall be
submitted to the senate and house appropriations subcommittees on
corrections, the senate and house fiscal agencies, and the state
budget office by May 1, 2011.
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
bid on contracts that privatize 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. Unless otherwise specified, the department shall use
the Internet to fulfill the reporting requirements of this article.
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. (1) 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.
(2) If a parolee or probationer has been ordered to pay
restitution, the department shall ensure that payment is a
condition of his or her community supervision. Restitution payments
shall be made as provided in section 22 of chapter XV of the code
of criminal procedure, 1927 PA 175, MCL 775.22. The department
shall collect not more than 50% of all money collected from
parolees and probationers for payments other than victim payments,
as that term is defined in section 22 of chapter XV of the code of
criminal procedure, 1927 PA 175, MCL 775.22.
(3) By April 1, the department shall provide the members of
the senate and house appropriations subcommittees on corrections,
the senate and house fiscal agencies, and the state budget director
with a report detailing the collection of fees under this section.
At minimum, this report shall include a categorical accounting of
all fees collected under this section.
Sec. 212. On a quarterly basis, each executive branch
department and agency receiving appropriations in part 1 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 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. 213. By February 15, the department shall provide the
members of the senate and house appropriations subcommittees on
corrections, the senate and house fiscal agencies, and the state
budget director with a report detailing non-general fund/general
purpose sources of revenue, including, but not limited to, federal
revenues, state restricted revenues, local and private revenues,
offender reimbursements and other payments, revolving funds, and 1-
time sources of revenue, whether or not those revenues were
appropriated. The report shall include statements detailing for
each account the total amount of revenue received during fiscal
year 2009-2010, the amount by which the revenue exceeded any
applicable appropriated fund source, the amount spent during fiscal
year 2009-2010, the account balance at the close of fiscal year
2009-2010, and the projected revenues and expenditures for fiscal
year 2010-2011.
Sec. 214. From the funds appropriated in part 1 for
information technology, the department shall pay user fees to the
department of technology, management, and budget for technology-
related services and projects. These user fees shall be subject to
provisions of an interagency agreement between the department and
the department of technology, management, and budget. It is the
intent of the legislature that the department consider using third-
party software and information technologies before contracting for
such services through the department of technology, management, and
budget.
Sec. 215. 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. 216. (1) Due to the current budgetary problems of this
state, out-of-state travel for the fiscal year ending September 30,
2012 shall be limited to situations in which 1 or more of the
following conditions apply:
(a) The travel is required by legal mandate or court order or
for law enforcement purposes.
(b) The travel is necessary to protect the health or safety of
Michigan citizens or visitors or to assist other states for similar
reasons.
(c) The travel is necessary to produce budgetary savings or to
increase state revenues, or both, including protecting existing
federal funds or securing additional federal funds.
(d) The travel is necessary to comply with federal
requirements.
(e) The travel is necessary to secure specialized training for
staff that is not available within this state.
(f) The travel is financed entirely by federal or nonstate
funds.
(2) If out-of-state travel is necessary but does not meet 1 or
more of the conditions in subsection (1), the state budget director
may grant an exception to allow the travel. Any exceptions granted
by the state budget director shall be reported on a monthly basis
to the senate and house of representatives standing committees on
appropriations.
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. Any contract for prisoner telephone services entered
into after the effective date of this article 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.
Sec. 220. Not later than November 15, the department 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 of representatives standing committees on
appropriations, and the senate and house fiscal agencies.
Sec. 221. (1) The department shall 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.
(2) The department may develop and operate its own website to
provide this information or may reference the state's central
transparency website as the source for this information.
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 this article 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 this article 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 this
article 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 this
article under section 393(2) of the management and budget act, 1984
PA 431, MCL 18.1393.
Sec. 224. By March 1, the department shall provide a
litigation report to the senate and house appropriations
subcommittees on corrections, the senate and house fiscal agencies,
and the state budget director. The report shall identify all
lawsuits adjudicated through the trial court phase in which the
department or an employee acting on behalf of the department was a
defendant and in which trial court proceedings resulted in a
decision of $250,000.00 or more against the department.
Sec. 225. (1) The department shall make every effort to place
employees displaced by any reductions in force within other
positions in the department.
(2) It is the intent of the legislature that all employees
displaced by any reductions in force who are not placed within
other positions in the department be given priority in state
programs for job retraining or education, such as the no worker
left behind program.
Sec. 229. Within 14 days after the release of the executive
budget recommendation, the department shall provide the state
budget director, the senate and house appropriations chairs, the
senate and house appropriations subcommittees on corrections,
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, 2011 and
September 30, 2012.
Sec. 235. It is the intent of the legislature that the
department reduce expenditures using the following strategies:
(a) Following the recommendations outlined in audit report
471-0130-08 of June 2009 issued by the Michigan office of the
auditor general, which found $7,534,039.00 in known savings that
would have been achieved through cost-neutral operation of the
bureau of correctional industries, as follows:
(i) Finding 1 indicates that the bureau of correctional
industries has consistently failed to maintain profitable or cost-
neutral operations.
(ii) Finding 2 indicates that the bureau of correctional
industries had not developed or implemented a comprehensive
business plan.
(iii) Finding 3 indicates that the bureau of correctional
industries did not efficiently schedule and utilize its trucks and
drivers for delivery of products and services.
(iv) Finding 4 indicates that the bureau of correctional
industries had not established comprehensive policies and
procedures for setting prices and discounts for products and
services.
(b) Continuing the supply chain transformation (SCT) with the
new fiscal year beginning October 1, 2011. The SCT shall address
all goods and services delivered into the department, with special
focus in the following areas: food service, offender transport,
warehousing, prisoner stores, laundries, textiles, transportation,
reverse logistics, education, sex offender programming, assaultive
offender programming, Michigan state industries manufacturing and
related material, and capital and service purchase contracts under
development or due to expire. The department shall continually
detail its supply chain strategy and implementation plan including
tasks, timing, resources, costs, and benefits to be achieved. The
department shall provide quarterly cost and benefit savings report
information. The department shall contract with a world-class
supply chain external resource with the following capabilities:
demonstrated success working in a department of corrections
environment in the targeted supply chain areas of focus;
demonstrated expertise in defining, developing, and implementing
cross-functional infrastructures; continuous quality improvement
teams; stakeholder and communications outreach programs; six
sigma/lean tools and templates; hands-on supply chain; continuous
quality improvement and six sigma tool training; and positive
working relations and measurable, documented client satisfaction
results.
(c) Following the recommendations outlined in audit report
471-0620-07L of October 2008 issued by the Michigan office of the
auditor general, which found $14,800,000.00 in estimated savings
that could be achieved through reforms of the department's staffing
and purchasing policies, as follows:
(i) Finding 1 indicates that the department needs to improve
its administration of custody officer staffing.
(ii) Finding 2 indicates that the department needs to pursue
additional cost-saving measures through future contract
negotiations and review of its organizational structure.
(iii) Finding 3 indicates that the department did not have a
formal process in place to negotiate prices for goods and services
purchased from Michigan state industries.
(d) Following the recommendations outlined in audit report
471-0623-07L of December 2008 issued by the Michigan office of the
auditor general, which found significant but indeterminate savings
could be achieved through reforms of prisoner transportation
policies, specifically, finding 4 indicates that the department
should continue to seek the cooperation of the state court
administrative office and its medical service providers to fully
use existing technology to conduct videoconferencing for court and
medical appointments.
Sec. 236. It is the intent of the legislature that from the
revenue resulting from the sale of the former Scott correctional
facility sufficient funds shall be appropriated to the department
to reimburse Michigan state industries for costs related to the
construction of the Industries Building, which was operated by
Michigan state industries on the site of the Scott correctional
facility.
Sec. 237. The department shall observe all requirements set
forth in statute and administrative rules related to procurement
requests and shall ensure that proper communication is maintained
with the department of technology, management, and budget regarding
the use of delegated purchasing authority granted by the department
of technology, management, and budget. The department shall not
pursue the procurement of any good or service on its own that falls
outside its delegated authority from the department of technology,
management, and budget. If any requests for proposal or requests
for qualifications are delayed due to the department's improper use
of purchasing authority under statute and administrative rules, the
department shall report on the improper use to the house and senate
appropriations subcommittees on corrections within 15 days after
determining that the improper use occurred. The report shall review
the purpose of the relevant procurement effort, explain why the
improper use of delegated authority occurred, and outline steps
being taken to ensure that improper use of delegated authority does
not occur again in the future.
Sec. 238. It is the intent of the legislature that the
department make additional efforts to sell, rent, or otherwise
repurpose closed correctional facilities.
Sec. 239. It is the intent of the legislature that the
department establish and maintain a management-to-staff ratio of 1
supervisor for each 5 employees at the department's central office
in Lansing and at both the northern and southern region
administration offices.
Sec. 240. On or before March 1, 2012, the department shall
solicit and evaluate proposals for services related to the audit of
vendor and contract payments and the recovery of improper payments.
The period covered by the proposed audit shall be not less than 3
prior fiscal years. On or before September 1, 2012, the department
shall provide to the house and senate committees on appropriations
and the house and senate fiscal agencies a complete report on the
results of the proposal solicitation and findings and amounts
recovered from subsequent recovery audits.
EXECUTIVE
Sec. 301. (1) 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.
(2) Information removed from the offender tracking information
system due to the expiration of 3 years following release of an
offender from the department's jurisdiction shall be retained by
the department and maintained in a password-protected archive.
Effective October 1, 2009, information in the archive shall be made
available upon payment of a fee as determined by the department.
Revenue collected under this section is appropriated for the costs
of the offender tracking information system, and any revenue
collected in excess of the costs of maintaining the offender
tracking information system is appropriated for information
technology costs. The department shall report on March 1 to the
senate and house appropriations subcommittees on corrections, the
senate and house fiscal agencies, and the state budget director on
the fees charged and revenue collected under this section.
Sec. 302. The department shall provide a report to the members
of the senate and house appropriations subcommittees on corrections
and community health, the senate and house fiscal agencies, MDCH,
and the state budget director by May 1, reviewing actions taken to
implement the recommendations of the mental health study required
under section 302 of 2007 PA 124 with which it agrees and an
explanation of any disagreements with recommendations. It is the
intent of the legislature to review the department's implementation
plan and, in coordination with the department, to identify funds
with which to implement the plan, as appropriate.
Sec. 304. The director of the department shall maintain a
staff savings initiative program to invite employees to submit
suggestions for saving costs for the department. The department
shall report semiannually to the senate and house appropriations
subcommittees on corrections, the senate and house fiscal agencies,
and the state budget director on the suggestions submitted under
this section, the implementation plan for those suggestions with
which the department agrees, and an explanation of any
disagreements with suggestions.
Sec. 305. 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
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) Whether the prisoner had received a mental health
evaluation or assessment.
(h) Details on the department's responses to each suicide,
including immediate on-site responses and subsequent internal
investigations.
(i) 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.
(j) Whether the prisoner had previously attempted suicide.
PLANNING 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 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. It is the intent of the legislature that the funds
appropriated in part 1 for prisoner reintegration programs be
expended for the purpose of reducing victimization by reducing
repeat offending through the following prisoner reintegration
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.
Sec. 403. By March 1, the department shall provide a report on
MPRI expenditures and allocations to the members of the senate and
house appropriations subcommittees on corrections, 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 at least 60 days before making revisions to
allocations or planned expenditures.
Sec. 403a. (1) In collaboration with a technical committee
composed of representatives from the department, designees of the
senate and house appropriations subcommittees on corrections, the
senate and house fiscal agencies, and the justice center of the
council of state governments, the department shall develop a
performance-based dashboard tracking and reporting system that
establishes key indicators of the success and failure of offenders.
Indicators shall reflect the status of and trends in key program
elements, behavior improvements on the part of offenders, and
whether targeted goals are being met.
(2) By April 1, the department shall report dashboard data to
the senate and house appropriations subcommittees on corrections,
the senate and house fiscal agencies, and the state budget
director.
Sec. 404. (1) The department shall screen and assess each
prisoner for alcohol and other drug involvement to determine the
need for further treatment. The assessment process shall be
designed to identify the severity of alcohol and other drug
addiction and determine the treatment plan, if appropriate.
(2) The department shall provide substance abuse treatment to
prisoners with priority given to those prisoners who are most in
need of treatment and who can best benefit from program
intervention based on the screening and assessment provided under
subsection (1).
Sec. 405. (1) In expending residential substance abuse
treatment services funds appropriated under this article, 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 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 2010-2011 and projected for fiscal year 2011-2012. 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 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. 405a. The department shall work cooperatively with MDCH and
substance abuse coordinating agencies in referring offenders as
appropriate to intensive substance abuse services, including
residential services.
Sec. 406. As a condition for expending any money appropriated
in part 1 for reinvestment in prisoner re-entry programs, the
department shall establish a pilot program with an allocation of at
least $2,000,000.00 from the funding appropriated to prisoner
reintegration programs to contract with faith-based nonprofit
agencies with established programs that assist prisoners exiting
the prison system to reintegrate into the community. The department
shall report to the house and senate appropriations subcommittees
on corrections, the house and senate fiscal agencies, and the state
budget director by December 1 on the contracts awarded under the
pilot program, including the faith-based, nonprofit agencies
selected and the contract amounts awarded to each agency. The
department shall analyze and compare the success and failure rates
of prisoners served under the pilot program and those served
through other department reintegration programs and shall report
this information to the legislature during budget hearings on the
fiscal year 2012-2013 budget.
Sec. 407. (1) By June 30, the department shall place the 2011
statistical report 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 using at least a 3-year period following their release
from prison. Any time spent in a county jail or otherwise
incarcerated shall be included in the recidivism rates.
Sec. 409. The office of community alternatives shall provide
and coordinate the delivery and implementation of services in
communities to facilitate successful offender reintegration into
the community. Programs and services to be offered shall include,
but are not limited to, technical assistance for comprehensive
corrections plan development, new program start-up funding, program
funding for those programs delivering services for eligible
offenders in geographic areas identified by the office of community
corrections as having a shortage of available services, technical
assistance, referral services for education, employment services,
and substance abuse and family counseling.
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. 411. The comprehensive corrections plans shall also
include, where appropriate, descriptive information on the full
range of sanctions and services that are available and utilized
within the local jurisdiction and an explanation of how jail beds,
residential services, the special alternative incarceration
program, probation detention centers, the electronic monitoring
program for probationers, and treatment and rehabilitative services
will be utilized to support the objectives and priorities of the
comprehensive corrections plans and the purposes and priorities of
section 8(4) of the community corrections act, 1988 PA 511, MCL
791.408, that contribute to the success of offenders. The plans
shall also include, where appropriate, provisions that detail how
the local communities plan to respond to sentencing guidelines
found in chapter XVII of the code of criminal procedure, 1927 PA
175, MCL 777.1 to 777.69, and use the county jail reimbursement
program under section 414. The state community corrections board
shall encourage local community corrections advisory boards to
include in their comprehensive corrections plans strategies to
collaborate with local alcohol and drug treatment agencies of the
MDCH for the provision of alcohol and drug screening, assessment,
case management planning, and delivery of treatment to alcohol- and
drug-involved offenders.
Sec. 412. (1) As part of the March biannual report specified
in section 12(2) of the community corrections act, 1988 PA 511, MCL
791.412, that requires an analysis of the impact of that act on
prison admissions and jail utilization, the department shall submit
to the senate and house appropriations subcommittees on
corrections, the senate and house fiscal agencies, and the state
budget director the following information for each county and
counties consolidated for comprehensive corrections plans:
(a) Approved technical assistance grants and comprehensive
corrections plans including each program and level of funding, the
utilization level of each program, and profile information of
enrolled offenders.
(b) If federal funds are made available, the number of
participants funded, the number served, the number successfully
completing the program, and a summary of the program activity.
(c) Status of the community corrections information system and
the jail population information system.
(d) Data on residential services, including participant data,
participant sentencing guideline scores, program expenditures,
average length of stay, and bed utilization data.
(e) Offender disposition data by sentencing guideline range,
by disposition type, by prior record variable score, by number and
percent statewide and by county, current year, and comparisons to
the previous 3 years.
(f) Data on the use of funding made available under the felony
drunk driver jail reduction and community treatment program.
(2) The report required under subsection (1) shall include the
total funding allocated, program expenditures, required program
data, and year-to-date totals.
Sec. 413. (1) The department shall identify and coordinate
information regarding the availability of and the demand for
community corrections programs, jail-based community corrections
programs, jail-based probation violation sanctions, and all state-
required jail data.
(2) The department is responsible for the collection,
analysis, and reporting of all state-required jail data.
(3) As a prerequisite to participation in the programs and
services offered through the department, counties shall provide
necessary jail data to the department.
Sec. 414. (1) The department shall administer a county jail
reimbursement program from the funds appropriated in part 1 for the
purpose of reimbursing counties for housing in jails certain felons
who otherwise would have been sentenced to prison.
(2) The county jail reimbursement program shall reimburse
counties for convicted felons in the custody of the sheriff if the
conviction was for a crime committed on or after January 1, 1999
and 1 of the following applies:
(a) The felon's sentencing guidelines recommended range upper
limit is more than 18 months, the felon's sentencing guidelines
recommended range lower limit is 12 months or less, the felon's
prior record variable score is 35 or more points, and the felon's
sentence is not for commission of a crime in crime class G or crime
class H or a nonperson crime in crime class F under chapter XVII of
the code of criminal procedure, 1927 PA 175, MCL 777.1 to 777.69.
(b) The felon's minimum sentencing guidelines range minimum is
more than 12 months under the sentencing guidelines described in
subdivision (a).
(c) The felon was sentenced to jail for a felony committed
while he or she was on parole and under the jurisdiction of the
parole board and for which the sentencing guidelines recommended
range for the minimum sentence has an upper limit of more than 18
months.
(3) State reimbursement under this subsection shall be $60.00
per diem per diverted offender for offenders with a presumptive
prison guideline score, $50.00 per diem per diverted offender for
offenders with a straddle cell guideline for a group 1 crime, and
$35.00 per diem per diverted offender for offenders with a straddle
cell guideline for a group 2 crime. Reimbursements shall be paid
for sentences up to a 1-year total.
(4) As used in this subsection:
(a) "Group 1 crime" means a crime in 1 or more of the
following offense categories: arson, assault, assaultive other,
burglary, criminal sexual conduct, homicide or resulting in death,
other sex offenses, robbery, and weapon possession as determined by
the department of corrections based on specific crimes for which
counties received reimbursement under the county jail reimbursement
program in fiscal year 2007 and fiscal year 2008, and listed in the
county jail reimbursement program document titled "FY 2007 and FY
2008 Group One Crimes Reimbursed", dated March 31, 2009.
(b) "Group 2 crime" means a crime that is not a group 1 crime,
including larceny, fraud, forgery, embezzlement, motor vehicle,
malicious destruction of property, controlled substance offense,
felony drunk driving, and other nonassaultive offenses.
(c) "In the custody of the sheriff" means that the convicted
felon has been sentenced to the county jail and is either housed in
the county jail or has been released from jail and is being
monitored through the use of the sheriff's electronic monitoring
system.
(5) County jail reimbursement program expenditures shall not
exceed the amount appropriated in part 1 for the county jail
reimbursement program. Payments to counties under the county jail
reimbursement program shall be made in the order in which properly
documented requests for reimbursements are received. A request
shall be considered to be properly documented if it meets MDOC
requirements for documentation. By October 15, 2011, the department
shall distribute the documentation requirements to all counties.
(6) Of the funds appropriated in part 1 for the county jail
reimbursement program, $500,000.00 shall be utilized to reimburse
county jails for housing individuals who violate terms of probation
under the swift-and-sure sanctions pilot program.
Sec. 415. (1) The department shall create a database for use
by the department and MPRI service providers. The database shall be
available to both the department and the service provider in real
time. The department, in consultation with the service providers,
shall issue a policy defining each field in the database so that
there will be common usage of all terms and fields.
(2) The department, in consultation with the service
providers, shall publish financial guidelines for administration of
this program.
Sec. 416. (1) Funds included in part 1 for the felony drunk
driver jail reduction and community treatment program are
appropriated for and may be expended for any of the following
purposes:
(a) To increase availability of treatment options to reduce
drunk driving and drunk driving-related deaths by addressing the
alcohol addiction of felony drunk drivers who otherwise likely
would be sentenced to jail or a combination of jail and other
sanctions.
(b) To divert from jail sentences or to reduce the length of
jail sentences for felony drunk drivers who otherwise would have
been sentenced to jail and whose recommended minimum sentence
ranges under sentencing guidelines established under chapter XVII
of the code of criminal procedure, 1927 PA 175, MCL 777.1 to
777.69, have upper limits of 18 months or less or the lower limit
of the sentencing range is 1 year or less and the upper limit of
the range is more than 18 months and the prior record variable is
less than 35 points, through funding programs that may be used in
lieu of incarceration and that increase the likelihood of
rehabilitation.
(c) To provide a policy and funding framework to make
additional jail space available for housing convicted felons whose
recommended minimum sentence ranges under sentencing guidelines
established under chapter XVII of the code of criminal procedure,
1927 PA 175, MCL 777.1 to 777.69, have lower limits of 12 months or
less and who likely otherwise would be sentenced to prison, with
the aim of enabling counties to meet or exceed amounts received
through the county jail reimbursement program during fiscal year
2002-2003 and reducing the numbers of felons sentenced to prison.
(2) Expenditure of funds included in part 1 for the felony
drunk driver jail reduction and community treatment program shall
be by grant awards consistent with standards developed by a
committee of the state community corrections advisory board. The
chairperson of the committee shall be the board member representing
county sheriffs. Remaining members of the committee shall be
appointed by the chairperson of the board.
(3) In developing annual standards, the committee shall
consult with interested agencies and associations. Standards
developed by the committee shall include application criteria,
performance objectives and measures, funding allocations, and
allowable uses of the funds, consistent with the purposes specified
in this section.
(4) Allowable uses of the funds 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.
(5) The standards developed by the committee shall assign each
county a maximum funding allocation based on the amount the county
received under the county jail reimbursement program in fiscal year
2001-2002 for housing felony drunk drivers whose recommended
minimum sentence ranges under the sentencing guidelines described
in subsection (1)(c) had upper limits of 18 months or less.
(6) Awards of funding under this section shall be provided
consistent with the local comprehensive corrections plans developed
under the community corrections act, 1988 PA 511, MCL 791.401 to
791.414. Funds awarded under this section may be used in
conjunction with funds awarded under grant programs established
under that act. Due to the need for felony drunk drivers to be
transitioned from county jails to community treatment services, it
is the intent of the legislature that local units of government
utilize funds received under this section to support county sheriff
departments.
(7) As used in this section, "felony drunk driver" means a
felon convicted of operating a motor vehicle under the influence of
intoxicating liquor or a controlled substance, or both, third or
subsequent offense, under section 625(9)(c) of the Michigan vehicle
code, 1949 PA 300, MCL 257.625, or its predecessor statute,
punishable as a felony.
Sec. 417. (1) By March 1, the department shall report to the
members of the senate and house appropriations subcommittees on
corrections, 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 collaborate with the Michigan
department of state to ensure that an achievable list of documents
necessary to obtain a state operator's license or state
identification card upon parole or release is developed and
presented to the prisoner so that application for identification
can begin prior to a prisoner's discharge or parole hearing. The
process for prisoners to acquire this documentation shall be part
of the department's operating procedure.
(3) 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.
(4) 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 plan for implementing all
necessary processes and policy changes in order to ensure
compliance with the requirements of this section.
Sec. 419. (1) The department shall provide weekly electronic
mail reports to the senate and house appropriations subcommittees
on corrections, the senate and house fiscal agencies, 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 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 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. 422. It is the intent of the legislature that MPRI
programs from prisoner entry into the corrections system to reentry
into the community and as measured by offender success and
programmatic success as those terms are defined in section 203
shall be maintained as standard operating procedure in the
department. In particular, services should be focused on moderate-
to high-risk individuals. Special in-prison programming shall be
directed to those prisoners who were paroled and have returned to
prison and who will subsequently be eligible for parole again in
the future. In addition, MPRI services provided to prisoners shall
include basic computer skills training.
Sec. 424. (1) From the funds appropriated in part 1 for
residential services, the department shall develop and implement,
in collaboration with the judiciary and as approved by the state
court administrative office, a demonstration project based on
evidence-based practices related to judicial and case management
interventions that have been proven to increase public safety for
high-risk, high-need probationers as determined by a validated risk
and need assessment instrument. As used in this section,
"probationer" means a circuit court probationer serving a probation
sentence for a crime.
(2) The demonstration project shall be implemented in 4 areas
of the state identified jointly by the department and the state
court administrative office. Preference shall be given to locations
that are representative of areas with high rates of violent crimes
as described in the council of state governments' justice center
report on analyses of crime, community corrections, and sentencing
policies in this state.
(3) The primary goal of the demonstration project is to reduce
crime and revictimization by high-risk, high-need probationers. The
secondary goal of the demonstration project is to reduce
expenditures for long-term incarceration.
(4) The demonstration project may provide up to 6 months of
residential services, and treatment methods, and interventions that
are evidence-based, including, but not limited to, the following:
(a) Risk/needs assessment.
(b) Motivational techniques.
(c) Type, intensity, and duration of treatment based on each
probationer's risk and needs and delivered consistent with
evidence-based practices.
(5) The department shall implement the evidence-based practice
of collaborative case management and utilize the services of the
department and of local community corrections consistent with the
local comprehensive corrections plan developed under the community
corrections act, 1988 PA 511, MCL 791.401 to 791.414.
(6) The department shall assign a probation officer to the
demonstration project to supervise a specialized caseload for high-
risk, high-need probationers. All probation officers supervising a
specialized caseload under this section shall receive substantial
education and training on issues of substance abuse, mental health,
and drug and alcohol testing.
(7) The probation officer shall work in cooperation with the
local judiciary and the community corrections advisory board in a
collaborative effort toward the goals of promoting probationer
success and reducing crime and revictimization.
(8) The probation officer assigned to the demonstration
project shall comply with supervision requirements established for
the demonstration project by the field operations administration
deputy director.
(9) The department shall identify and coordinate information
for each local jurisdiction selected for the demonstration project
regarding the rate of incarceration of high-risk, high-need
probationers to ensure that appropriate probationers are targeted
for the demonstration project.
(10) From the funds appropriated in part 1 for public
education and training, the department shall collaborate with the
local judiciary, community corrections advisory board, and service
providers to develop and provide appropriate training for all local
stakeholders involved in the demonstration project described in
this section.
(11) From the funds provided to the local jurisdiction for the
demonstration project, the department shall collaborate with the
local judiciary and the community corrections advisory board to
develop and implement an evaluation of the demonstration project
that will show the impact of the project on the arrests,
convictions, technical violations, and commitments to prison of the
demonstration project participants. This evaluation shall be
performed in accordance with department of corrections policy and
procedure on evaluation design in cooperation with the office of
research and planning.
(12) By May 1, the department shall report to the senate and
house appropriations subcommittees on corrections, the senate and
house fiscal agencies, and the state budget director on the status
of the demonstration project prescribed under this section,
including information on all of the following:
(a) Demonstration project locations and participating courts.
(b) The number of probationers participating in the pilot
categorized by location and offense.
(c) Evaluation status and methodology.
(d) Preliminary results, if any.
Sec. 426. The money appropriated in part 1 for prisoner
reintegration, training, and employment programs shall be
distributed to 1 or more Michigan-chartered 501(c)(3) nonprofit
corporations to expand existing business models, create new
business enterprises, or purchase capital equipment for expansion
of current business operations. Qualifying nonprofits must hire new
employees through the funding provided in this section, must
include at least 45% returning citizens, must have documented
entrepreneurial social enterprise expertise in creating employment
opportunities for parolees, and must presently have established
public utility asset recovery recycling programs. The programs
shall be administered by 1 or more Michigan-chartered corporations
that are exempt from taxation under section 501(c)(3) of the
internal revenue code, 26 USC 501(c)(3).
Sec. 429. It is the intent of the legislature that the
department work with other state departments and agencies to
implement the policy options provided to the state by the council
of state governments in January 2009 and March 2011.
Sec. 430. The department shall ensure that each prisoner has
the opportunity to meet with his or her transition team prior to
release from prison. If applicable, community providers shall enter
the prison to meet with the prisoner prior to release.
Sec. 431. The department shall ensure that prior to release
from prison, each offender has possession of all of the following:
(a) All documents necessary to obtain a state operator's
license or state identification card.
(b) A set of clothing that would be appropriate and suitable
for wearing to an interview for employment.
Sec. 433. The department shall report quarterly on January 1,
2012, April 1, 2012, July 1, 2012, and September 30, 2012 to the
senate and house appropriations subcommittees on corrections, the
senate and house fiscal agencies, and the state budget director on
the status of any contracts entered into under the June 2009
request for proposals for the re-entry initiative project for
offenders with special needs. The report shall include information
on all of the following:
(a) The number of prisoners and participating parolees in each
of the target population subgroups, including medically fragile,
mentally ill, developmentally disabled, and youthful offenders.
(b) Descriptions of the key services being provided to each
subgroup under the contract or contracts.
(c) Estimates of the average per-offender costs of services
for each target population subgroup under each contract, compared
to the average cost of prison incarceration for those populations.
Sec. 434. (1) It is the intent of the legislature that the
department, in coordination with the department of licensing and
regulatory affairs, Michigan state housing development authority,
nonprofit and faith-based organizations, and local government
officials, implement employment-related projects targeted toward
at-risk young adults who are disconnected from school and
employment, and probationers and parolees in high-crime
neighborhoods where the adult incarceration rate is at least 45%.
(2) The department shall identify high-crime neighborhoods
where the adult incarceration rate is at least 45% and in
consultation with the department of human services, the
superintendent of public instruction, and nonprofit and faith-based
organizations shall develop programs for recommendation to the
legislature that offer academic, counseling, and social support to
children of incarcerated parents.
OPERATIONS AND SUPPORT 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. 503. Funds appropriated in part 1 for administrative
hearings officers are appropriated as an interdepartmental grant to
the department of licensing and regulatory affairs for the purpose
of funding administrative hearings officers for adjudication of
grievances pertaining to the department of corrections. The
department shall not expend appropriations from part 1 to satisfy
charges from the department of licensing and regulatory affairs for
administrative hearings officers in excess of the amount expressly
appropriated by this article for the administrative hearings
officers unless funding is transferred into this line under section
393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.
Sec. 504. Of the funds appropriated in part 1, $50,000.00 is
appropriated to provide an interdepartmental grant to the judiciary
for use of the judicial data warehouse by department employees.
Sec. 505. The department shall train 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. Of the funds appropriated in part 1, $250,000.00 is
appropriated to provide an interdepartmental grant to the
legislative corrections ombudsman for oversight activities.
Sec. 507. Of the funds appropriated in part 1, $1,000,000.00
is appropriated as an interdepartmental grant to the judiciary for
the establishment of a pilot program for the use of swift-and-sure
jail sanctions as a response to certain probation violations.
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 and 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. 602. (1) Of the amount appropriated in part 1 for field
operations, a sufficient amount shall be allocated for the
community service work program and shall be used for salaries and
wages and fringe benefit costs of community service coordinators
employed by the department to supervise offenders participating in
work crew assignments. Funds shall also be used to cover motor
transport division rates on state vehicles used to transport
offenders to community service work project sites.
(2) The community service work program shall provide offenders
with community service work of tangible benefit to a community
while fulfilling court-ordered community service work sanctions and
other postconviction obligations.
(3) As used in this section, "community service work" means
work performed by an offender in an unpaid position with a
nonprofit or tax-supported or government agency for a specified
number of hours of work or service within a given time period.
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. 604. Community-placement prisoners and parolees shall
reimburse the department for the total costs of the program. As an
alternative method of payment, the department may develop a
community service work schedule for those individuals unable to
meet reimbursement requirements established by the department.
Sec. 606. It is the intent of the legislature that the
department shall ensure that parolees and probationers may timely
contact their parole or probation agents and maintain procedures
that preclude any necessity for an offender to have access to an
agent's home telephone number or other personal information
pertaining to the agent.
Sec. 608. 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
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. 609. 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
the use of kiosk reporting stations. At a minimum, the report shall
include all of the following:
(a) Factors considered in determining whether an offender is
assigned to report at a kiosk.
(b) Information on the location, costs, safety features, and
other features of kiosks used for offender reporting.
(c) Information on demonstration project outcome measures.
(d) An evaluation of the kiosk reporting demonstration
project, including any need for improvement and an assessment of
the potential for expanded use of kiosk reporting stations.
Sec. 611. The department shall prepare by March 1, 2011
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 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 such guidelines for modification, in response
to emerging information from the demonstration projects for
substance abuse treatment provided under this article and
applicable provisions of prior budget acts for the department.
(4) The department shall provide quarterly reports to the
senate and house appropriations subcommittees on corrections, 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 MPRI
versus the number of those who did not.
(e) The unduplicated number of offenders who participated in
substance abuse treatment programs, mental health treatment
programs, or both, while in prison, itemized by diagnosis.
Sec. 613. Subject to the appropriations in part 1, the
department is encouraged to expand the use of continuous remote
alcohol monitors for parolees and probationers who test positive
for alcohol abuse or have alcohol-abuse-related violations of their
community supervision.
Sec. 615. After the parole board has reviewed the cases of all
inmates sentenced to life with the possibility of parole who have
good institutional records and pose low-risk to the community, the
parole board shall provide the legislature with a detailed
explanation of why an inmate who scores "high probability of
release" is not being paroled. A report containing this explanation
shall be submitted to the house and senate appropriations
subcommittees on corrections, the house and senate fiscal agencies,
and the state budget director by January 1.
HEALTH CARE
Sec. 801. The department shall not expend funds appropriated
under part 1 for any surgery, procedure, or treatment to provide or
maintain a prisoner's sex change unless it is determined medically
necessary by the chief medical officer of the department.
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 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 the average number of days between a prisoner's diagnosis
and commencement of treatment for that diagnosis, 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. 803. For mental health contracts entered into by the
department, including those with the Michigan department of
community health, recognized performance standards and measures of
quality shall be utilized to conduct periodic performance reviews.
At least once every 3 years, the department shall renegotiate all
mental health contracts entered into under this section with the
goals of improving care and reducing costs.
Sec. 804. (1) The department shall report quarterly to the
senate and house appropriations subcommittees on corrections, 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 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. 805. The bureau of health care services shall develop
information on hepatitis C and HIV prevention and the risks
associated with exposure to hepatitis C and HIV. The health care
providers shall disseminate this information verbally and in
writing to each prisoner at the health screening and full health
appraisal conducted at admissions, at the annual health care
screening 30 days before or after a prisoner's birthday, and prior
to release to the community by parole, transfer to community
residential placement, or discharge on the maximum sentence.
Sec. 806. (1) 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,
transfer to community residential placement, or discharge on the
maximum sentence. 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.
(2) By March 1, the department shall report to the senate and
house appropriations subcommittees on corrections, the senate and
house appropriations subcommittees on community health, the senate
and house fiscal agencies, and the state budget director on the
number of offenders tested and the number of offenders testing
positive for HIV, the hepatitis C antibody, or both, at prison
admission and parole, transfer to community residential placement,
or discharge on the maximum sentence. The department shall keep
records of those offenders testing positive for HIV, the hepatitis
C antibody, or both, at prison admission, parole, transfer to
community residential placement, and discharge. These records shall
clearly state the date each test was performed.
(3) As a condition of expenditure of the funds appropriated in
part 1, the department shall keep records of the following:
(a) The number of offenders testing positive for the hepatitis
C antibody who do not receive treatment due to refusal of
treatment.
(b) Cost and duration of treatment by offender as allowable by
privacy law.
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 be provided with at least a 30-day supply of
medication and a prescription for refills to allow for continuity
of care in the community.
Sec. 808. There are sufficient funds and FTEs appropriated in
part 1 to provide a full complement of nurses for clinical
complexes working regular pay hours, and it is the intent of the
legislature that sufficient nurses be hired or retained to limit
the use of overtime other-than-holiday pay.
Sec. 809. The department, in conjunction with efforts to
implement the MPRI, 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. 810. As a condition of expending appropriations in part
1, the department shall ensure each prisoner serving a sentence in
a state correctional facility, and each probationer placed at the
special alternative incarceration program under the special
alternative incarceration act, 1988 PA 287, MCL 798.11 to 798.18,
provides a sample for DNA identification profiling. The department
shall implement the requirements of this section in accordance with
the provisions of any relevant legislation enacted by the
legislature.
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 senate and house
fiscal agencies, and the state budget director with quarterly
updates on the utilization of Medicaid benefits for prisoners.
Sec. 813. The department shall monitor and document drug
utilization by department for prisoner health care services. As
part of this effort, the department shall examine drug utilization
patterns and cost-cutting strategies used by corrections systems in
other states. By March 1, 2011, the department shall provide a
report to the legislature detailing the department's drug
utilizations and drug utilization statistics for corrections
systems in other states.
Sec. 816. By April 1, the department shall provide the members
of the senate and house appropriations subcommittees on
corrections, the senate and house fiscal agencies, the state budget
director, and the legislative corrections ombudsman with a report
on pharmaceutical expenditures and prescribing practices. In
particular, the report shall provide the following information:
(a) A detailed accounting of expenditures on antipsychotic
medications.
(b) Any changes that have been made to the prescription drug
formularies.
(c) A progress report on the department's efforts to address
various findings outlined in audit report 471-0325-09L issued in
March 2011 by the Michigan office of the auditor general.
CORRECTIONAL FACILITIES ADMINISTRATION
Sec. 902. From the funds appropriated in part 1, the
department shall allocate sufficient funds to develop a
demonstration children's visitation program. The demonstration
program shall teach parenting skills and arrange for day visitation
at these facilities for parents and their children, except for the
families of prisoners convicted of a crime involving criminal
sexual conduct in which the victim was less than 18 years of age or
involving child abuse.
Sec. 903. Except as otherwise provided in this section, the
department shall prohibit prisoners' access to or use of the
Internet or any similar system. Under adequate supervision and with
security precautions that ensure appropriate computer use by
prisoners, the department may allow a prisoner access to or use of
the Internet for the purposes of educational programming,
employment training, job searches, or other Internet-based programs
and services consistent with programming objectives, efficient
operations, and the safety and security of the institution.
Sec. 904. Any department employee who, in the course of his or
her job, is determined by a physician to have had a potential
exposure to the hepatitis B virus, shall receive a hepatitis B
vaccination upon request.
Sec. 905. (1) Savings in the inmate housing fund shall be
achieved through competitive bidding of facility operations or
other measures to reduce the custody, treatment, clinical, and
administrative costs associated with the housing of prisoners.
Savings shall be distributed as necessary into separate accounts
created to separately identify savings through specific cost
savings measures.
(2) Quarterly reports on all expenditures from the inmate
housing fund shall be submitted by the department to the state
budget director, the senate and house appropriations subcommittees
on corrections, and the senate and house fiscal agencies.
Sec. 906. It is the intent of the legislature that the
department maintain or expand upon existing public works
programming by contracting with local units of government or
private organizations. Any local unit of government or private
organization that contracts with the department for public works
services shall be responsible for financing the entire cost of such
an agreement.
Sec. 907. The department shall report by March 1 to the senate
and house appropriations subcommittees on corrections, the senate
and house fiscal agencies, and the state budget director on
academic/vocational programs. The report shall provide information
relevant to an assessment of the department's academic and
vocational programs, including, but not limited to, 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,
e.g., 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 to produce high-
quality materials for use by the visually impaired.
Sec. 911. By March 1, the department shall report to the
senate and house appropriations subcommittees on corrections, the
senate and house fiscal agencies, the legislative corrections
ombudsman, and the state budget director the number of critical
incidents occurring each month by type and the number and severity
of assaults occurring each month at each facility during calendar
year 2011.
Sec. 912. 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 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 an assaultive offender 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 and assaultive offender
programming. At a minimum, the report shall include the following:
(a) A full accounting of the number of individuals who are
required to complete either sex offender programming or assaultive
offender 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 sex offender
and/or assaultive offender programming.
(c) A plan of action for addressing any waiting lists or
backlogs for sex offender programming or assaultive offender
programming that may exist.
Sec. 916. The department shall report by February 1 to the
senate and house appropriations subcommittees on corrections, the
senate and house fiscal agencies, and the state budget director on
the number of computers available for use by prisoners within each
prison facility. The report shall summarize the purpose and
frequency of use of these computers within each facility.
Sec. 920. The department shall make every effort to operate a
garden or horticultural operation at each correctional facility,
where practical, in order to provide food for correctional
facilities and not-for-profit organizations.
Sec. 921. (1) By March 1, the department shall report to the
chairs of the senate and house appropriations committees, the
senate and house appropriations subcommittees on corrections, the
senate and house fiscal agencies, and the state budget director on
the following:
(a) The actual savings realized between January 1, 2009 and
April 1, 2011 as a result of closing correctional facilities and
correctional camps between January 1, 2009 and January 1, 2012,
itemized by correctional facility or correctional camp.
(b) The projected fiscal year 2011-2012 savings by closing
correctional facilities and correctional camps between January 1,
2009 and January 1, 2012, itemized by correctional facility or
correctional camp.
(2) The report in subsection (1) shall include information on
all of the following:
(a) The savings realized or projected to be realized, itemized
by program or type of expenditure.
(b) Any cost of field supervision, field operations programs,
or prisoner reintegration programs related to the closure of
correctional facilities and correctional camps between January 1,
2009 and January 1, 2012.
Sec. 922. It is the intent of the legislature that all
prisoners work 40 hours per week in the correctional facility, as
part of a public works crew or in private enterprise, or
participate in vocational or training programs. Prisoners may be
enrolled in GED or education programs in combination with
employment. Prisoners not employed shall be enrolled in GED or
other educational programs for not less than 20 hours per week.
This section does not apply to prisoners classified in level V or
administrative segregation.
Sec. 923. (1) The department shall cooperate with the
department of education to evaluate the feasibility of local school
districts providing education programming to targeted prisoners
under the age of 20 who have not received a high school diploma. By
June 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 any plans or
evaluations developed under this section.
(2) The department shall make efforts to encourage retired
school teachers to provide education services in correctional
facilities through volunteerism.
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 due to serious mental illness. 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 every 12 hours by a mental health
professional in order to remain in therapeutic seclusion.
Sec. 925. By March 1, 2012, the department shall report to the
senate and house appropriations subcommittees on corrections, the
senate and house fiscal agencies, and the state budget director on
the annual number of prisoners in administrative segregation
between October 1, 2003 and September 30, 2011, and the annual
number of prisoners in administrative segregation between October
1, 2003 and September 30, 2011 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. 927. The department of corrections and the department of
human services shall enter into an intergovernmental agreement to
place offenders less than 19 years of age who are committed to the
department of corrections in underutilized units of the
Maxey/Woodland center correctional facility. The facilities shall
be used to house offenders less than 19 years of age who are
currently committed to the department of corrections.
Sec. 928. Funding appropriated in part 1 for consent decree
line items is appropriated into separate control accounts created
for each line item. Funding in each control account shall be
distributed as necessary into separate accounts created for the
purpose of separately identifying costs and expenditures associated
with each consent decree. The department shall report by February
1, 2012 to the house and senate appropriations subcommittees on
corrections, the house and senate fiscal agencies, and the state
budget director on distributions to each separate control account
and the expenditures charged against each control account during
the previous fiscal year.
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, 2012, the
department shall report to the senate and house appropriations
subcommittees on corrections, the senate and house fiscal agencies,
and the state budget director on the training curriculum used and
the number and types of staff receiving training under such
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 due to serious mental illness or serious
emotional disturbance. 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. 930. The department shall not have a shooting range
located on property east of 3760 Foco Road, Standish, Michigan.
Sec. 932. From the funds appropriated in part 1 for mental
health services and support, $100,000.00 is appropriated to permit
the department to contract with a board-certified child and
adolescent psychiatrist to provide psychiatric services to
individuals who are less than 19 years of age and are incarcerated
in a department facility.
Sec. 934. From the funds appropriated in part 1 for prison
industries operations, the department shall provide a report on the
pilot program for the manufacturing of textiles and clothing
established in at least 1 state correctional facility under section
934 of 2010 PA 188.
Sec. 935. When the department determines that the closure of a
correctional facility is warranted and is determining which
facility should be subject to closure, it is the intent of the
legislature that the department fully consider the potential
economic impact of each prison closure being considered on the
community in which the facility resides. The department shall make
it a high priority to close a facility for which the local economic
impact is minimized.
Sec. 936. The department shall contract with third-party
providers to complete an assessment of energy utilization at each
state correctional facility. In particular, the department shall
endeavor to identify and implement energy-saving initiatives in the
various correctional facilities. By April 1, the department shall
provide the members of the senate and house appropriations
subcommittees on corrections, the senate and house fiscal agencies,
the state budget director, and the legislative corrections
ombudsman with a report on these efforts.
Sec. 937. The funds appropriated in part 1 for the cost-
effective housing initiative shall be utilized to ensure more cost-
effective housing of prisoners. The department shall use this
funding to house prisoners in the most cost-effective manner
possible. This shall include exploring the use of public-private
partnerships, the use of privately owned facilities in Michigan,
and the use of state facilities by third-party contractors. The use
of cost-effective housing from this initiative shall be used to
achieve general prison operations savings budgeted in the inmate
housing fund line item. The department shall work cooperatively
with the chairpersons of the senate and house appropriations
subcommittees on corrections in identifying appropriate reductions
to prison facility line items to achieve the budgeted savings in
the inmate housing fund line item.
Sec. 938. A contractor that provides food service for a
correctional facility should be encouraged to provide those
services using fresh food that is grown or produced locally.
Sec. 939. By January 1, the department shall release a request
for proposal seeking competitive bids for the privatization of the
special alternative incarceration facility.
Sec. 940. For the purpose of procuring drug testing services
at correctional facilities, the department shall enter into a
contract with a Michigan-based company that provides laboratory
oral fluid drug testing.
Sec. 941. The department shall ensure that any contract with a
public or private party to operate the special alternative
incarceration facility at camp Cassidy Lake includes a provision to
require that public works program services continue to be provided
to the St. Louis Center in Chelsea at rates consistent with the
rate structure in place as of May 1, 2011.
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.
PART 2A
PROVISIONS CONCERNING ANTICIPATED APPROPRIATIONS
FOR FISCAL YEAR 2012-2013
GENERAL SECTIONS
Sec. 1201. It is the intent of the legislature to provide
appropriations for the fiscal year ending on September 30, 2013 for
the line items listed in part 1. The fiscal year 2012-2013
appropriations are anticipated to be the same as those for fiscal
year 2011-2012, 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 2012 consensus revenue estimating
conference.
ARTICLE VI
DEPARTMENT OF EDUCATION
PART 1
LINE-ITEM APPROPRIATIONS
FOR FISCAL YEAR 2011-2012
Sec. 101. There is appropriated for the department of
education and certain state purposes related to education as set
forth in this article for the fiscal year ending September 30,
2012, from the following funds:
DEPARTMENT OF EDUCATION
APPROPRIATION SUMMARY
Full-time equated unclassified positions.......... 6.0
Full-time equated classified positions.......... 554.0
GROSS APPROPRIATION.................................... $ 117,313,000
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 0
ADJUSTED GROSS APPROPRIATION........................... $ 117,313,000
Federal revenues:
Federal revenues....................................... 68,186,100
Federal indirect funds................................. 4,181,000
IMLS, library services and technology act.............. 5,562,100
Total federal revenues................................. 77,929,200
Special revenue funds:
Local cost sharing (schools for deaf/blind)............ 6,835,000
Local school district service fees..................... 324,200
Total local revenues................................... 7,159,200
Gifts, bequests, and donations......................... 760,800
Private foundations.................................... 2,283,600
Total private revenues................................. 3,044,400
Total local and private revenues....................... 10,203,600
Certification fees..................................... 6,065,200
Commodity distribution fees............................ 71,700
Student insurance revenues............................. 218,600
Teacher college review fees............................ 55,300
Teacher testing fees................................... 344,500
Tenant rent............................................ 261,000
Training and orientation workshop fees................. 150,000
Total other state restricted revenues.................. 7,166,300
State general fund/general purpose..................... $ 22,013,900
Sec. 102. STATE BOARD OF EDUCATION/OFFICE OF THE
SUPERINTENDENT
Full-time equated unclassified positions.......... 6.0
Full-time equated classified positions........... 14.0
State board of education, per diem payments............ $ 24,400
Unclassified positions--6.0 FTE positions.............. 645,600
State board/superintendent operations--14.0 FTE
positions............................................ 2,032,000
GROSS APPROPRIATION.................................... $ 2,702,000
Appropriated from:
Federal revenues:
Federal revenues....................................... 114,400
Special revenue funds:
Private foundations.................................... 28,100
Certification fees..................................... 627,000
State general fund/general purpose..................... $ 1,932,500
Sec. 103. CENTRAL SUPPORT
Full-time equated classified positions........... 19.6
Central support--19.6 FTE positions.................... $ 3,120,600
Worker's compensation.................................. 54,000
Building occupancy charges - property management
services............................................. 2,728,200
Tenant rent............................................ 261,000
Training and orientation workshops..................... 150,000
Terminal leave payments................................ 554,700
GROSS APPROPRIATION.................................... $ 6,868,500
Appropriated from:
Federal revenues:
Federal revenues....................................... 1,441,700
Federal indirect funds................................. 2,294,700
Special revenue funds:
Certification fees..................................... 413,800
Teacher testing fees................................... 13,500
Tenant rent............................................ 261,000
Training and orientation workshop fees................. 150,000
State general fund/general purpose..................... $ 2,293,800
Sec. 104. INFORMATION TECHNOLOGY SERVICES
Information technology operations...................... $ 3,332,900
GROSS APPROPRIATION.................................... $ 3,332,900
Appropriated from:
Federal revenues:
Federal revenues....................................... 494,600
Federal indirect funds................................. 1,455,300
Special revenue funds:
Local cost sharing (schools for deaf/blind)............ 76,500
Certification fees..................................... 313,000
State general fund/general purpose..................... $ 993,500
Sec. 105. SPECIAL EDUCATION SERVICES
Full-time equated classified positions........... 47.0
Special education operations--47.0 FTE positions....... $ 7,909,900
GROSS APPROPRIATION.................................... $ 7,909,900
Appropriated from:
Federal revenues:
Federal revenues....................................... 7,463,200
Special revenue funds:
Private foundations.................................... 110,100
Certification fees..................................... 39,500
State general fund/general purpose..................... $ 297,100
Sec. 106. MICHIGAN SCHOOLS FOR THE DEAF AND BLIND
Full-time equated classified positions.......... 103.0
Michigan schools for the deaf and blind operations--
102.0 FTE positions.................................. $ 13,632,000
Camp Tuhsmeheta--1.0 FTE position...................... 295,100
Private gifts - blind.................................. 200,000
Private gifts - deaf................................... 250,000
GROSS APPROPRIATION.................................... $ 14,377,100
Appropriated from:
Federal revenues:
Federal revenues....................................... 6,326,700
Special revenue funds:
Local cost sharing (schools for deaf/blind)............ 6,758,500
Local school district service fees..................... 312,500
Gifts, bequests, and donations......................... 760,800
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............................................ $ 5,724,100
Department of attorney general......................... 50,000
GROSS APPROPRIATION.................................... $ 5,774,100
Appropriated from:
Federal revenues:
Federal revenues....................................... 1,386,700
Special revenue funds:
Certification fees..................................... 3,564,900
Teacher college review fees............................ 55,300
Teacher testing fees................................... 331,000
State general fund/general purpose..................... $ 436,200
Sec. 108. EARLY CHILDHOOD EDUCATION AND FAMILY
SERVICES
Full-time equated classified positions........... 26.0
Early childhood education and family services
operations--26.0 FTE positions....................... $ 4,295,700
GROSS APPROPRIATION.................................... $ 4,295,700
Appropriated from:
Federal revenues:
Federal revenues....................................... 3,388,300
Special revenue funds:
Certification fees..................................... 59,100
State general fund/general purpose..................... $ 848,300
Sec. 109. STATE AID AND SCHOOL FINANCE SERVICES
Full-time equated classified positions............ 7.5
State aid and school finance operations--7.5 FTE
positions............................................ $ 985,400
GROSS APPROPRIATION.................................... $ 985,400
Appropriated from:
State general fund/general purpose..................... $ 985,400
Sec. 110. AUDIT SERVICES
Full-time equated classified positions............ 3.5
Audit operations--3.5 FTE positions.................... $ 541,800
GROSS APPROPRIATION.................................... $ 541,800
Appropriated from:
Federal revenues:
Federal indirect funds................................. 431,000
Special revenue funds:
Certification fees..................................... 55,200
State general fund/general purpose..................... $ 55,600
Sec. 111. ADMINISTRATIVE LAW SERVICES
Full-time equated classified positions............ 2.0
Administrative law operations--2.0 FTE positions....... $ 1,044,800
GROSS APPROPRIATION.................................... $ 1,044,800
Appropriated from:
Federal revenues:
Federal revenues....................................... 541,700
Special revenue funds:
Certification fees..................................... 452,000
State general fund/general purpose..................... $ 51,100
Sec. 112. EDUCATION ASSESSMENT AND ACCOUNTABILITY
Full-time equated classified positions........... 64.1
Educational assessment operations--64.1 FTE positions.. $ 11,272,500
GROSS APPROPRIATION.................................... $ 11,272,500
Appropriated from:
Federal revenues:
Federal revenues....................................... 9,704,500
State general fund/general purpose..................... $ 1,568,000
Sec. 113. GRANTS ADMINISTRATION AND SCHOOL SUPPORT
SERVICES
Full-time equated classified positions........... 73.6
Grants administration and school support services
operations--67.6 FTE positions....................... $ 10,937,400
College access challenge grant program--6.0 FTE
positions............................................ 4,293,200
Federal and private grants............................. 3,000,000
GROSS APPROPRIATION.................................... $ 18,230,600
Appropriated from:
Federal revenues:
Federal revenues....................................... 16,654,000
Special revenue funds:
Local school district service fees..................... 11,700
Private foundations.................................... 1,000,000
Commodity distribution fees............................ 71,700
State general fund/general purpose..................... $ 493,200
Sec. 114. FIELD SERVICES
Full-time equated classified positions........... 44.0
Field services operations--44.0 FTE positions.......... $ 9,302,700
GROSS APPROPRIATION.................................... $ 9,302,700
Appropriated from:
Federal revenues:
Federal revenues....................................... 8,537,900
Special revenue funds:
Private foundations.................................... 572,100
Certification fees..................................... 51,600
State general fund/general purpose..................... $ 141,100
Sec. 115. EDUCATIONAL IMPROVEMENT AND INNOVATION
SERVICES
Full-time equated classified positions........... 55.7
Educational improvement and innovation operations--
55.7 FTE positions................................... $ 10,674,000
GROSS APPROPRIATION.................................... $ 10,674,000
Appropriated from:
Federal revenues:
Federal revenues....................................... 8,688,200
Special revenue funds:
Private foundations.................................... 573,300
Certification fees..................................... 489,100
State general fund/general purpose..................... $ 923,400
Sec. 116. CAREER AND TECHNICAL EDUCATION
Full-time equated classified positions........... 27.0
Career and technical education operations--27.0 FTE
positions............................................ $ 4,234,700
GROSS APPROPRIATION.................................... $ 4,234,700
Appropriated from:
Federal revenues:
Federal revenues....................................... 3,444,200
State general fund/general purpose..................... $ 790,500
Sec. 117. LIBRARY OF MICHIGAN
Full-time equated classified positions........... 33.0
Library of Michigan operations--32.0 FTE positions..... $ 3,808,500
Library services and technology program--1.0 FTE
positions............................................ 5,562,100
State aid to libraries................................. 5,445,700
Michigan elibrary...................................... 950,000
GROSS APPROPRIATION.................................... $ 15,766,300
Appropriated from:
Federal revenues:
IMLS, library services and technology act.............. 5,562,100
State general fund/general purpose..................... $ 10,204,200
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
FOR FISCAL YEAR 2011-2012
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, 2012 is
$29,180,200.00 and state spending from state resources to be paid
to local units of government for the fiscal year ending September
30, 2012 is $5,445,700.00. The itemized statement below identifies
appropriations from which spending to local units of government
will occur:
DEPARTMENT OF EDUCATION
State aid to libraries................................. $ 5,445,700
Total department of education.......................... $ 5,445,700
Sec. 202. The appropriations authorized under this article are
subject to the management and budget act, 1984 PA 431, MCL 18.1101
to 18.1594.
Sec. 203. As used in this article:
(a) "Department" means the Michigan department of education.
(b) "District" means a local school district as defined in
section 6 of the revised school code, 1976 PA 451, MCL 380.6, or a
public school academy as defined in section 5 of the revised school
code, 1976 PA 451, MCL 380.5.
(c) "FTE" means full-time equated.
(d) "IMLS" means institute of museum and library services.
Sec. 204. The civil service commission shall bill departments
and agencies at the end of the first fiscal quarter for the charges
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. Unless otherwise specified, the departments shall
use the Internet to fulfill the reporting requirements of this
article. 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. (1) The department shall 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.
(2) The department may develop and operate its own website to
provide this information or may reference the state's central
transparency website as the source for this information.
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. 209. From the funds appropriated in part 1 for
information technology, departments and agencies shall pay user
fees to the department of technology, management, and budget for
technology-related services and projects. Such user fees shall be
subject to provisions of an interagency agreement between the
departments and agencies and the department of technology,
management, and budget.
Sec. 210. 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. 211. 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. (1) Due to the current budgetary problems in this
state, out-of-state travel for the fiscal year ending September 30,
2012 shall be limited to situations in which 1 or more of the
following conditions apply:
(a) The travel is required by legal mandate or court order or
for law enforcement purposes.
(b) The travel is necessary to protect the health or safety of
Michigan citizens or visitors or to assist other states in similar
circumstances.
(c) The travel is necessary to produce budgetary savings or to
increase state revenues, including protecting existing federal
funds or securing additional federal funds.
(d) The travel is necessary to comply with federal
requirements.
(e) The travel is necessary to secure specialized training for
staff that is not available within this state.
(f) The travel is financed entirely by federal or nonstate
funds.
(2) Not later than January 1 of each year, each department
shall prepare a travel report listing all travel by classified and
unclassified employees outside this state in the immediately
preceding fiscal year that was funded in whole or in part with
funds appropriated in the department's budget. The report shall be
submitted to the house and senate standing committees on
appropriations, the house and senate fiscal agencies, and the state
budget director. The report shall include the following
information:
(a) The name of each person receiving reimbursement for travel
outside this state or whose travel costs were paid by this state.
(b) The destination of each travel occurrence.
(c) The dates of each travel occurrence.
(d) A brief statement of the reason for each travel
occurrence.
(e) The transportation and related costs of each travel
occurrence, including the proportion funded with state general
fund/general purpose revenues, the proportion funded with state
restricted revenues, the proportion funded with federal revenues,
and the proportion funded with other revenues.
(f) A total of all out-of-state travel funded for the
immediately preceding fiscal year.
Sec. 215. The department shall not approve the travel of more
than 1 departmental employee to a specific professional development
conference or training seminar that is located outside of this
state unless the professional development conference or training
seminar is funded by a federal or private funding source and
requires more than 1 person from a department to attend, or the
conference or training seminar includes multiple issues in which 1
employee from the department does not have expertise.
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. 217. 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 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. 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 this article 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 this article 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 this
article 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 this
article under section 393(2) of the management and budget act, 1984
PA 431, MCL 18.1393.
Sec. 220. 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.
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. 225. It is the intent of the legislature that not later
than 60 days after the state receives audited membership counts
from intermediate school districts, the state superintendent of
public instruction shall investigate and report to the legislature
on the scope of and proposed solutions to pupil membership fraud
and the incidence of students counted in membership in a district
and not remaining in that district for the balance of the school
year.
Sec. 226. Not later than November 15, 2012, the department
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 provide the state
budget director, 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, 2011 and September 30, 2012.
Sec. 229. The department and the superintendent of public
instruction shall use funds appropriated in part 1 to ensure that
all of the activities and duties required to be carried out by the
department and the superintendent of public instruction under
section 1280c of the revised school code, 1976 PA 451, MCL
380.1280c, are completed not later than the deadlines prescribed in
that section.
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 shall be expended for
in-state travel and out-of-state travel directly related to the
duties of the state board of education.
MICHIGAN SCHOOLS FOR THE DEAF AND BLIND
Sec. 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. 404. (1) The department may assess rent or lease excess
property located on the campus of the Michigan schools for the deaf
and blind in Flint to private or publicly funded organizations.
(2) From the amount appropriated in part 1 for tenant rent,
the department may receive and expend funds from lease agreements
at the Michigan schools for the deaf and blind Flint campus that
have been negotiated with the approval of the department of
technology, management, and budget. These funds shall be used for
the operation, maintenance, and renovation expenses associated with
the leased space.
(3) From the unexpended balances of appropriations for the
Michigan schools for the deaf and blind operations, up to
$250,000.00 of any unexpended and unencumbered funds remaining on
September 30, 2012 may be carried forward as a work project and
expended for special maintenance and repairs of facilities at the
campus of the Michigan schools for the deaf and blind in Flint. The
work shall be carried out by state employees, or by contract as
necessary, at an estimated cost of $250,000.00. The estimated
completion date of the work is September 30, 2013.
(4) From the tenant rent appropriation for Michigan schools
for the deaf and blind operations, up to $100,000.00 of any
unexpended and unencumbered funds remaining on September 30, 2012
may be carried forward as a work project or as restricted revenue
and expended for special maintenance and repairs of facilities at
Fay hall. The work project may be performed by state employees, or
by contract when necessary, at an estimated cost of $100,000.00.
The estimated completion date of the work project is September 30,
2013.
Sec. 405. 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. 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, and donations that is
unexpended at the end of the state fiscal year may be carried over
to the succeeding fiscal year and shall not revert to the general
fund.
Professional preparation services
Sec. 501. From the funds appropriated in part 1 for
professional preparation services, the department shall maintain
the professional personnel register 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.
OFFICE OF EDUCATIONAL IMPROVEMENT AND INNOVATION
Sec. 601. From the amount appropriated in part 1 for the
office of educational improvement and innovation, there is
allocated $350,000.00 and 3.5 FTE positions to operate a charter
school office to administer charter school legislation and
associated regulations, and to coordinate the activities of the
department relating to charter schools.
INFORMATION TECHNOLOGY
Sec. 701. The department shall work in collaboration with the
center for educational performance and information to support the
comprehensive educational information system and all data
collection and reporting efforts of the department.
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 shall be kept together in a state department.
Sec. 804. From the funds appropriated in part 1 and other
funding available, the department and library of Michigan shall
maintain custody of the non-Michigan genealogy and all Michigan-
specific collections. These collections shall continue to be made
available to the public.
GRANTS ADMINISTRATION AND 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.
Sec. 902. The college access challenge grant program is a work
project as provided in section 451a of the management and budget
act, 1984 PA 431, MCL 18.1451a, and as follows and as such
appropriations for the program shall not lapse at the end of the
fiscal year but shall continue to be available for expenditure
until the project has been completed:
(a) The purpose of the project is to provide assistance and
training to Michigan families, counselors, teachers, and community
leaders in applying for and securing funds for college to low-
income students.
(b) The project will be accomplished by state employees and/or
by contracts with private vendors.
(c) The total estimated cost of the project is $8,571,000.00.
(d) The tentative completion date is September 30, 2012.
Sec. 903. By not later than March 1, 2012, the department
shall work with districts that operate as a school of excellence
cyber school as defined in section 551 of the revised school code,
1976 PA 451, MCL 380.551, and districts that operate an alternative
education program with a seat-time waiver under section 101 of the
state school aid act of 1979, 1979 PA 94, MCL 388.1701, to provide
a report to 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 on all of the
following:
(a) Each district operating a program and the districts that
enroll students in their program.
(b) The total number of students and membership pupils
enrolled in each program.
(c) The district in which each pupil is enrolled if other than
the district with the seat-time wavier or the cyber school.
(d) The district in which the pupil was enrolled prior to
enrolling in the cyber school or the district with a seat-time
waiver program.
(e) The number of participating students who had previously
dropped out of school.
(f) The number of participating students who had previously
been expelled from school.
(g) The cost per pupil paid to each online education provider.
(h) The cost per pupil charged to school districts that enroll
their students in the program.
(i) The name of each online education provider contracted by a
district with a seat-time waiver or a cyber school and the state in
which the online education provider is located.
PART 2A
PROVISIONS CONCERNING ANTICIPATED APPROPRIATIONS
FOR FISCAL YEAR 2012-2013
GENERAL SECTIONS
Sec. 1201. It is the intent of the legislature to provide
appropriations for the fiscal year ending on September 30, 2013 for
the line items listed in part 1. The fiscal year 2012-2013
appropriations are anticipated to be the same as those for fiscal
year 2011-2012, 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 2012 consensus revenue estimating
conference.
ARTICLE VII
DEPARTMENT OF ENVIRONMENTAL QUALITY
PART 1
LINE-ITEM APPROPRIATIONS
FOR FISCAL YEAR 2011-2012
Sec. 101. Subject to the conditions set forth in this article,
the amounts listed in this part are appropriated for the department
of environmental quality for the fiscal year ending September 30,
2012, from the funds indicated in this part. The following is a
summary of the appropriations in this part:
DEPARTMENT OF ENVIRONMENTAL QUALITY
APPROPRIATION SUMMARY
Full-time equated unclassified positions.......... 6.0
Full-time equated classified positions........ 1,334.5
GROSS APPROPRIATION.................................... $ 414,520,000
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 9,043,200
ADJUSTED GROSS APPROPRIATION........................... $ 405,476,800
Federal revenues:
Total federal revenues................................. 159,701,500
Special revenue funds:
Total private revenues................................. 711,800
Total other state restricted revenues.................. 223,571,900
State general fund/general purpose..................... $ 21,491,600
FUND SOURCE SUMMARY
Full-time equated unclassified positions.......... 6.0
Full-time equated classified positions........ 1,334.5
GROSS APPROPRIATION.................................... $ 414,520,000
Interdepartmental grant revenues:
IDG, MDOT - Michigan transportation fund............... 1,165,900
IDG, MDSP.............................................. 1,095,900
IDT, interdivisional charges........................... 2,053,400
IDT, laboratory services............................... 4,728,000
Total interdepartmental grants and intradepartmental
transfers............................................ 9,043,200
ADJUSTED GROSS APPROPRIATION........................... $ 405,476,800
Federal revenues:
Federal funds.......................................... 159,701,500
Special revenue funds:
Private funds.......................................... 711,800
Aboveground storage tank fees.......................... 489,700
Air emissions fees..................................... 10,163,900
Campground fund........................................ 292,700
Clean Michigan initiative - response activities........ 5,500,000
Clean Michigan initiative fund - clean water fund...... 4,030,700
Cleanup and redevelopment fund......................... 16,555,600
Community pollution prevention fund.................... 250,000
Electronic waste recycling fund........................ 269,800
Environmental education fund........................... 260,900
Environmental pollution prevention fund................ 2,425,900
Environmental protection bond fund..................... 1,452,500
Environmental protection fund.......................... 5,832,200
Environmental response fund............................ 8,236,000
Fees and collections................................... 348,000
Financial instruments.................................. 5,000,000
Great Lakes protection fund............................ 1,051,500
Groundwater discharge permit fees...................... 1,624,400
Hazardous materials transportation permit fund......... 912,400
Infrastructure construction fund....................... 434,300
Land and water permit fees............................. 5,695,800
Landfill maintenance trust fund........................ 28,200
Medical waste emergency response fund.................. 330,000
Metallic mining surveillance fee revenue............... 38,000
Mineral well regulatory fee revenue.................... 213,100
NPDES fees............................................. 4,298,400
Oil and gas regulatory fund............................ 10,632,700
Orphan well fund....................................... 2,207,000
Public swimming pool fund.............................. 690,200
Public utility assessments............................. 264,800
Public water supply fees............................... 4,682,500
Refined petroleum fund................................. 37,642,400
Retired engineers technical assistance program......... 1,860,200
Revitalization revolving loan fund..................... 94,100
Revolving loan revenue bonds........................... 11,400,000
Sand extraction fee revenue............................ 81,000
Scrap tire regulatory fund............................. 5,328,800
Septage waste contingency fund......................... 17,000
Septage waste program fund............................. 609,000
Settlement funds....................................... 2,490,900
Sewage sludge land application fees.................... 993,700
Small business pollution prevention revolving loan
fund................................................. 146,700
Soil erosion and sedimentation control training fund... 134,100
Solid waste management fund - staff account............ 4,822,600
State site cleanup fund................................ 4,400,000
Stormwater permit fees................................. 3,345,300
Strategic water quality initiatives fund............... 40,000,000
Underground storage tank fees.......................... 2,575,500
Waste reduction fee revenue............................ 4,851,100
Wastewater operator training fees...................... 550,700
Water analysis fees.................................... 3,947,900
Water pollution control revolving fund................. 3,530,500
Water quality protection fund.......................... 100,000
Water use reporting fees............................... 439,200
Total other state restricted revenues.................. 223,571,900
State general fund/general purpose..................... $ 21,491,600
Sec. 102. EXECUTIVE OPERATIONS
Full-time equated unclassified positions.......... 6.0
Full-time equated classified positions........... 14.0
Unclassified salaries--6.0 FTE positions............... $ 500,000
Executive direction--14.0 FTE positions................ 1,656,400
GROSS APPROPRIATION.................................... $ 2,156,400
Appropriated from:
Federal revenues:
Federal funds.......................................... 72,100
Special revenue funds:
Environmental response fund............................ 140,500
Oil and gas regulatory fund............................ 231,900
Refined petroleum fund................................. 414,500
Settlement funds....................................... 58,100
State general fund/general purpose..................... $ 1,239,300
Sec. 103. OFFICE OF THE GREAT LAKES
Full-time equated classified positions........... 18.0
Office of the Great Lakes--18.0 FTE positions.......... $ 2,697,700
GROSS APPROPRIATION.................................... $ 2,697,700
Appropriated from:
Federal revenues:
Federal funds.......................................... 1,591,500
Special revenue funds:
Great Lakes protection fund............................ 680,800
Settlement funds....................................... 106,600
State general fund/general purpose..................... $ 318,800
Sec. 104. GREAT LAKES RESTORATION INITIATIVE
Great Lakes restoration initiative..................... $ 25,000,000
GROSS APPROPRIATION.................................... $ 25,000,000
Appropriated from:
Federal revenues:
Federal funds.......................................... 25,000,000
State general fund/general purpose..................... $ 0
Sec. 105. DEPARTMENT SUPPORT SERVICES
Full-time equated classified positions........... 37.0
Central support services--37.0 FTE positions........... $ 3,905,400
Accounting service center.............................. 1,224,700
Administrative hearings................................ 489,700
Automated data processing.............................. 2,053,400
Building occupancy charges............................. 5,985,000
Environmental support projects......................... 5,000,000
Rent - privately owned property........................ 1,960,800
GROSS APPROPRIATION.................................... $ 20,619,000
Appropriated from:
Interdepartmental grant revenues:
IDG, MDSP.............................................. 86,700
IDT, interdivisional charges........................... 2,053,400
IDT, laboratory services............................... 502,700
Federal revenues:
Federal funds.......................................... 5,200
Special revenue funds:
Aboveground storage tank fees.......................... 55,900
Air emissions fees..................................... 1,597,600
Campground fund........................................ 15,100
Cleanup and redevelopment fund......................... 1,332,600
Environmental pollution prevention fund................ 105,100
Environmental protection fund.......................... 5,500
Environmental response fund............................ 614,000
Fees and collections................................... 38,300
Financial instruments.................................. 5,000,000
Great Lakes protection fund............................ 82,500
Groundwater discharge permit fees...................... 188,200
Hazardous material transportation permit fund.......... 34,900
Land and water permit fees............................. 309,300
Medical waste emergency response fund.................. 40,400
Metallic mining surveillance fee revenue............... 1,300
Mineral well regulatory fee revenue.................... 15,200
NPDES fees............................................. 412,100
Oil and gas regulatory fund............................ 1,016,800
Orphan well fund....................................... 40,400
Public swimming pool fund.............................. 64,100
Public utility assessments............................. 49,400
Public water supply fees............................... 254,100
Refined petroleum fund................................. 1,879,200
Sand extraction fee revenue............................ 1,000
Scrap tire regulatory fund............................. 200,300
Septage waste program fund............................. 34,000
Settlement funds....................................... 192,500
Sewage sludge land application fees.................... 107,400
Small business pollution prevention revolving loan
fund................................................. 19,000
Soil erosion and sedimentation control training fund... 5,300
Solid waste management fund - staff account............ 581,400
Stormwater permit fees................................. 184,400
Underground storage tank fees.......................... 219,100
Waste reduction fee revenue............................ 365,200
Wastewater operator training fees...................... 6,000
Water analysis fees.................................... 355,600
Water use reporting fees............................... 8,900
State general fund/general purpose..................... $ 2,538,900
Sec. 106. OFFICE OF ENVIRONMENTAL ASSISTANCE
Full-time equated classified positions........... 44.0
Office of environmental assistance--44.0 FTE positions. $ 6,915,500
GROSS APPROPRIATION.................................... $ 6,915,500
Appropriated from:
Federal revenues:
Federal funds.......................................... 880,100
Special revenue funds:
Private funds.......................................... 537,600
Air emissions fees..................................... 124,500
Environmental education fund........................... 260,900
Retired engineers technical assistance program......... 1,860,200
Settlement funds....................................... 248,400
Small business pollution prevention revolving loan
fund................................................. 118,900
Waste reduction fee revenue............................ 2,884,900
State general fund/general purpose..................... $ 0
Sec. 107. WATER RESOURCE DIVISION
Full-time equated classified positions.......... 321.0
Land and water interface permit programs--85.0 FTE
positions............................................ $ 14,806,800
Program direction and project assistance--30.0 FTE
positions............................................ 2,775,000
Water withdrawal assessment program--4.0 FTE positions. 756,600
Expedited water/wastewater permits--3.0 FTE positions.. 434,300
Fish contaminant monitoring............................ 316,100
Groundwater discharge--22.0 FTE positions.............. 2,868,800
NPDES nonstormwater program--89.0 FTE positions........ 11,690,400
Surface water--88.0 FTE positions...................... 15,163,600
GROSS APPROPRIATION.................................... $ 48,811,600
Appropriated from:
Interdepartmental grant revenues:
IDG, MDOT - Michigan transportation fund............... 1,108,100
Federal revenues:
Federal funds.......................................... 14,298,800
Special revenue funds:
Clean Michigan initiative fund - clean water fund...... 4,030,700
Environmental protection fund.......................... 2,546,100
Environmental response fund............................ 183,700
Groundwater discharge permit fees...................... 1,356,900
Infrastructure construction fund....................... 434,300
Land and water permit fees............................. 5,251,400
NPDES fees............................................. 3,685,600
Refined petroleum fund................................. 429,400
Soil erosion and sedimentation control training fund... 126,300
Stormwater permit fees................................. 2,972,600
Water pollution control revolving fund................. 734,300
Water use reporting fees............................... 426,100
State general fund/general purpose..................... $ 11,227,300
Sec. 108. LAW ENFORCEMENT DIVISION
Full-time equated classified positions........... 14.0
Environmental investigations--14.0 FTE positions....... $ 2,396,900
GROSS APPROPRIATION.................................... $ 2,396,900
Appropriated from:
Federal revenues:
Federal funds.......................................... 703,100
Special revenue funds:
Aboveground storage tank fees.......................... 5,100
Air emissions fees..................................... 150,600
Campground fund........................................ 2,800
Cleanup and redevelopment fund......................... 126,700
Environmental pollution prevention fund................ 10,400
Environmental protection fund.......................... 45,400
Environmental response fund............................ 65,300
Fees and collections................................... 3,800
Great Lakes protection fund............................ 8,300
Groundwater discharge permit fees...................... 17,300
Hazardous material transportation permit fund.......... 3,500
Land and water permit fees............................. 36,800
Medical waste emergency response fund.................. 4,100
Metallic mining surveillance fee revenue............... 500
Mineral well regulatory fee revenue.................... 1,600
NPDES fees............................................. 41,600
Oil and gas regulatory fund............................ 114,200
Orphan well fund....................................... 4,100
Public swimming pool fund.............................. 5,100
Public water supply fees............................... 25,400
Refined petroleum fund................................. 291,600
Sand extraction fee revenue............................ 500
Scrap tire regulatory fund ........................... 97,000
Septage waste program fund............................. 3,400
Settlement funds....................................... 22,200
Sewage sludge land application fees.................... 9,800
Small business pollution prevention revolving loan
fund................................................. 1,900
Stormwater permit fees................................. 18,400
Soil erosion and sedimentation control training fund... 600
Underground storage tank fees.......................... 21,900
Waste reduction fee revenue............................ 45,700
Wastewater operator training fees...................... 600
Water analysis fees.................................... 28,400
Water use reporting fees............................... 900
State general fund/general purpose..................... $ 478,300
Sec. 109. AIR QUALITY DIVISION
Full-time equated classified positions.......... 208.0
Air quality programs--208.0 FTE positions.............. $ 24,228,800
GROSS APPROPRIATION.................................... $ 24,228,800
Appropriated from:
Federal revenues:
Federal funds.......................................... 7,488,200
Special revenue funds:
Air emissions fees..................................... 7,739,500
Environmental response fund............................ 119,800
Fees and collections................................... 254,900
Oil and gas regulatory fund............................ 121,600
Refined petroleum fund................................. 3,163,200
Waste reduction fee revenue............................ 1,200,000
State general fund/general purpose..................... $ 4,141,600
Sec. 110. ENVIRONMENTAL RESOURCE MANAGEMENT
DIVISION
Full-time equated classified positions.......... 324.5
Drinking water and environmental health--109.5 FTE
positions............................................ $ 15,098,900
Hazardous waste management program--51.0 FTE positions. 6,593,200
Low-level radioactive waste authority--2.0 FTE
positions............................................ 199,300
Medical waste program--2.0 FTE positions............... 271,000
Municipal assistance--34.0 FTE positions............... 6,020,800
Radiological protection program--12.0 FTE positions.... 1,295,300
Scrap tire regulatory program--11.0 FTE positions...... 1,198,600
Oil, gas, and mineral services--60.0 FTE positions..... 11,176,500
Sewage sludge land application program--6.0 FTE
positions............................................ 841,600
Solid waste management program--37.0 FTE positions..... 4,462,800
GROSS APPROPRIATION.................................... $ 47,158,000
Appropriated from:
Interdepartmental grant revenues:
IDG-MDSP............................................... 979,600
Federal revenues:
Federal funds.......................................... 15,793,400
Special revenue funds:
Campground fund........................................ 264,600
Electronic waste recycling fund........................ 269,800
Environmental pollution prevention fund................ 2,205,800
Fees and collections................................... 32,100
Hazardous material transportation permit fund.......... 861,300
Medical waste emergency response fund.................. 271,000
Metallic mining surveillance fee revenue............... 35,700
Mineral well regulatory fee revenue.................... 190,800
Oil and gas regulatory fund............................ 8,715,400
Orphan well fund....................................... 2,148,000
Public swimming pool fund.............................. 602,400
Public utility assessments............................. 199,300
Public water supply fees............................... 2,556,900
Refined petroleum fund................................. 601,100
Sand extraction fee revenue............................ 79,200
Scrap tire regulatory fund............................. 1,198,600
Septage waste contingency fund......................... 17,000
Septage waste program fund............................. 281,600
Sewage sludge land application fees.................... 841,600
Solid waste management fund - staff account............ 4,030,500
Stormwater permit fees................................. 103,100
Strategic water quality initiatives fund............... 400,000
Waste reduction fee revenue............................ 162,500
Wastewater operator training fees...................... 541,900
Water pollution control revolving fund................. 2,621,500
State general fund/general purpose..................... $ 1,153,300
Sec. 111. REMEDIATION DIVISION
Full-time equated classified positions.......... 354.0
Contaminated site investigations, cleanup and
revitalization--207.0 FTE positions.................. $ 26,130,600
Federal cleanup project management--60.0 FTE positions. 9,254,400
Laboratory services--48.0 FTE positions................ 7,702,600
Aboveground storage tank program--8.0 FTE positions.... 856,400
Underground storage tank program--31.0 FTE positions... 3,865,100
Environmental bond site reclamation program............ 1,452,500
Brownfield grants and loans............................ 5,500,000
Emergency cleanup actions.............................. 4,000,000
Environmental cleanup support.......................... 1,840,000
Environmental cleanup and redevelopment program........ 30,000,000
State sites cleanup program............................ 4,400,000
Refined petroleum product cleanup program.............. 20,000,000
Superfund cleanup...................................... 3,000,000
GROSS APPROPRIATION.................................... $ 118,001,600
Appropriated from:
Interdepartmental grant revenues:
IDT, laboratory services............................... 4,068,600
Federal revenues:
Federal funds.......................................... 10,035,000
Special revenue funds:
Private funds.......................................... 174,200
Aboveground storage tank fees.......................... 410,400
Clean Michigan initiative - response activities........ 5,500,000
Cleanup and redevelopment fund......................... 14,626,300
Environmental protection bond fund..................... 1,452,500
Environmental protection fund.......................... 3,234,100
Environmental response fund............................ 6,846,500
Landfill maintenance trust fund........................ 28,200
Public water supply fees............................... 276,800
Refined petroleum fund................................. 29,592,000
Revitalization revolving loan fund..................... 94,100
Settlement funds....................................... 1,782,400
State site cleanup fund................................ 4,400,000
Strategic water quality initiatives fund............... 30,000,000
Underground storage tank fees.......................... 2,123,300
Water analysis fees.................................... 3,357,200
State general fund/general purpose..................... $ 0
Sec. 112. GRANTS
Coastal management grants.............................. $ 1,750,000
Drinking water program grants.......................... 1,330,000
Federal - Great Lakes remedial action plan grants...... 700,000
Federal - nonpoint source water pollution grants....... 6,500,000
Grants to counties - air pollution..................... 83,700
Great Lakes research and protection grants............. 250,000
Noncommunity water grants.............................. 1,400,000
Pollution prevention local grants...................... 250,000
Radon grants........................................... 90,000
Scrap tire grants...................................... 3,500,000
Septage waste compliance grants........................ 275,000
Strategic water quality initiative loans............... 9,600,000
Water quality protection grants........................ 100,000
Water pollution control and drinking water revolving
funds................................................ 82,943,000
GROSS APPROPRIATION.................................... $ 108,771,700
Appropriated from:
Federal revenues:
Federal funds.......................................... 81,913,000
Special revenue funds:
Community pollution prevention fund.................... 250,000
Great Lakes protection fund............................ 250,000
Public water supply fees............................... 1,400,000
Refined petroleum fund................................. 83,700
Revolving loan revenue bonds........................... 11,400,000
Scrap tire regulatory fund............................. 3,500,000
Septage waste program fund............................. 275,000
Strategic water quality initiatives fund............... 9,600,000
Water quality protection fund.......................... 100,000
State general fund/general purpose..................... $ 0
Sec. 113. INFORMATION TECHNOLOGY
Information technology services and projects........... $ 7,762,800
GROSS APPROPRIATION.................................... $ 7,762,800
Appropriated from:
Interdepartmental grant revenues:
IDT, laboratory services............................... 156,700
IDG, MDSP.............................................. 29,600
IDG, MDOT - Michigan transportation fund............... 57,800
Federal revenues:
Federal funds.......................................... 1,921,100
Special revenue funds:
Aboveground storage tank fees.......................... 18,300
Air emissions fees..................................... 551,700
Campground fund........................................ 10,200
Cleanup and redevelopment fund......................... 470,000
Environmental pollution prevention fund................ 104,600
Environmental protection fund.......................... 1,100
Environmental response fund............................ 266,200
Fees and collections................................... 18,900
Great Lakes protection fund............................ 29,900
Groundwater discharge permit fees...................... 62,000
Hazardous material transportation permit fund.......... 12,700
Land and water permit fees............................. 98,300
Medical waste emergency response fund.................. 14,500
Metallic mining surveillance fee revenue............... 500
Mineral well regulatory fee revenue.................... 5,500
NPDES fees............................................. 159,100
Oil and gas regulatory fund............................ 432,800
Orphan well fund....................................... 14,500
Public swimming pool fund.............................. 18,600
Public utility assessments............................. 16,100
Public water supply fees............................... 169,300
Refined petroleum fund................................. 1,187,700
Sand extraction fee revenue............................ 300
Scrap tire regulatory fund............................. 332,900
Septage waste program fund............................. 15,000
Settlement funds....................................... 80,700
Sewage sludge land application fees.................... 34,900
Small business pollution prevention revolving loan
fund................................................. 6,900
Soil erosion and sedimentation control training fund... 1,900
Solid waste management fund - staff account............ 210,700
Stormwater permit fees................................. 66,800
Underground storage tank fees.......................... 211,200
Waste reduction fee revenue............................ 192,800
Wastewater operator training fees...................... 2,200
Water analysis fees.................................... 206,700
Water pollution control revolving fund................. 174,700
Water use reporting fees............................... 3,300
State general fund/general purpose..................... $ 394,100
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
FOR FISCAL YEAR 2011-2012
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 2011-2012 is $245,063,500.00 and state
spending from state resources to be paid to local units of
government for fiscal year 2011-2012 is $2,175,000.00. The itemized
statement below identifies appropriations from which spending to
local units of government will occur:
GRANTS
Noncommunity water grants.............................. $ 1,400,000
Scrap tire grants...................................... 500,000
Septage waste compliance program....................... 275,000
TOTAL.................................................. $ 2,175,000
Sec. 202. The appropriations authorized under this article are
subject to the management and budget act, 1984 PA 431, MCL 18.1101
to 18.1594.
Sec. 203. As used in this article:
(a) "Department" means the department of environmental
quality.
(b) "Director" means the director of the department.
(c) "FTE" means full-time equated.
(d) "IDG" means interdepartmental grant.
(e) "IDT" means intradepartmental transfer.
(f) "MDOT" means the state transportation department.
(g) "MDSP" means the department of state police.
(h) "NPDES" means national pollution discharge elimination
system.
Sec. 204. The civil service commission shall bill the
department 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. Unless otherwise specified, the department shall use
the Internet to fulfill the reporting requirements of this article.
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. 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. 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. 208. From the funds appropriated in part 1 for
information technology, departments and agencies shall pay user
fees to the department of technology, management, and budget for
technology-related services and projects. The user fees shall be
subject to provisions of an interagency agreement between the
department and agencies and the department of technology,
management, and budget.
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 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 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 this article 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 this article 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 this
article 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 this
article 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 leaking underground storage tank
cleanup program, and the refined petroleum product cleanup program.
(2) Unexpended and unencumbered amounts remaining from
appropriations from the environmental protection bond fund
contained in 1993 PA 353, 2003 PA 173, and 2006 PA 343 are
appropriated for expenditure for any site listed in this article
and any site listed in the public acts referenced in this section.
(3) Unexpended and unencumbered amounts remaining from
appropriations from the cleanup and redevelopment fund contained in
2000 PA 275 and 2002 PA 520 are appropriated for expenditure for
any site listed in this article and any site listed in the public
acts referenced in this section.
(4) Unexpended and unencumbered amounts remaining from
appropriations from the clean Michigan initiative fund - response
activities contained in 2000 PA 506, 2001 PA 120, 2004 PA 309, 2004
PA 350, 2005 PA 11, 2006 PA 343, and 2007 PA 121 are appropriated
for expenditure for any site listed in this article and any site
listed in the public acts referenced in this section.
(5) Unexpended and unencumbered amounts remaining from
appropriations from the environmental protection fund contained in
2001 PA 43, 2002 PA 520, and 2003 PA 171 are appropriated for
expenditure for any site listed in this article and any site listed
in the public acts referenced in this section.
(6) Unexpended and unencumbered amounts remaining from
appropriations from the refined petroleum fund activities contained
in 2005 PA 154, 2007 PA 121, 2008 PA 247, 2009 PA 118, and 2010 PA
189 are appropriated for expenditure for any site listed in this
article 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 15, the department 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 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. 222. Within 14 days after the release of the executive
budget recommendation, the department shall provide the state
budget director, the senate and house appropriations chairs, the
senate and house appropriations subcommittees on environmental
quality, 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, 2011 and
September 30, 2012.
Sec. 223. Part 1 of this article provides authorizations to
fund 1,334.5 FTE classified positions during the fiscal year ending
September 30, 2012. 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 article. The number of classified employees compensated
through each line item is limited by the authorized FTE positions
indicated in this article, 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. (1) The department shall 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.
(2) The department may develop and operate its own website to
provide this information or may reference the state's central
transparency website as the source for this information.
Sec. 226. The department shall not expend more than $10,000.00
from the appropriations in part 1 to implement the requirements of
section 225.
Sec. 227. The department shall provide a report on the
implementation of a permit application status tracking tool on the
department's public internet website to the house and senate
appropriations subcommittees on environmental quality, the standing
committees of the house and senate with primary responsibility for
environmental quality issues, and the house and senate fiscal
agencies by December 31, 2011. This permit application status
tracking tool shall allow permit applicants and the general public
to track and review pending permit applications. Searchable
parameters shall include, but are not limited to, applicant name
and address, county of request, date of application, most recent
activity, and status of the permit application. The report shall
include the estimated cost of the proposed tool, the information
technology requirements that would be needed for the database, the
FTE and/or contractual requirements to develop and maintain the
proposed tool, an estimated timeline of the implementation of the
tool, and any potential foreseen challenges to its implementation.
Sec. 228. The department shall develop a customer satisfaction
evaluation program. The program shall utilize customer satisfaction
surveys to receive feedback in select program areas to help
identify opportunities for improvements and efficiencies. 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, 2012.
Sec. 229. (1) The department shall submit a report identifying
specific permit programs for which an expedited permitting option
to fast track the permit process could be developed and instituted.
The report shall include, but is not limited to, all of the
following:
(a) A listing of the proposed permit programs.
(b) Estimates of the amount of time a pending permit would be
granted with the expedited process compared to the amount of time
with the normal permit process in those programs.
(c) Any estimated increase in cost to the department or the
applicant for the expedited program.
(2) The report described in subsection (1) shall be submitted
to the house and senate appropriations subcommittees on
environmental quality, the standing committees of the house and
senate with primary responsibility for environmental quality
issues, and the house and senate fiscal agencies by December 31,
2011.
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 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, 2016.
Sec. 303. Effective October 1, 2011, 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, 2011, 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. 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
Alcona Oil Company Alcona
Former Tavern & Gas Station Alcona
Paragon Metal Works/Mikado Total Alcona
Chatham Corners Store Alger
Christmas Sports Enterprises Alger
Midway Resort Inc. Alger
Superior Shell Munising Alger
Fennville Feed Supply Allegan
New Salem Grocery Allegan
Country Party Store Alpena
Hubbard Lake Garage Alpena
Bellaire Bay Mart Antrim
Res. Wells Torch Lake Twp. Antrim
Torch River Pit Stop Antrim
Arvon Township School Baraga
Blankenstein Pontiac Barry
Bud's of Honor Benzie
Village of Honor Res. Wells Benzie
Berrien County Sheriff's Substation Berrien
Coloma Citgo Berrien
Fredrick's Auto Clinic Berrien
Randy's Amoco Berrien
Sterling Express Ltd. Berrien
Baker Oil (E. Michigan) Calhoun
Helmer I-94 Inc. Calhoun
Korner Krossroads Party Store Calhoun
Indian Lake Mini Super Cass
Rigg's Corner Store Cass
Service Mart 2, Union Cass
Unocal 76, Edwardsburg (Energy Oil) Cass
Arnold's Bait and Tackle Charlevoix
Northern Oil (former) Charlevoix
Club Rd. Property Cheboygan
Park Shell Service Chippewa
Ackels Car Care Clinton
Bay Petroleum Corp. Eaton
Bob's Marathon Eaton
Beckon & Larks Lake Rd. Emmet
Farmers Petroleum Coop - Petoskey Emmet
Action Auto #10 Genesee
Central Distributing Genesee
City of Davison-Mill St. Genesee
Flint FD Fleet Admin. Genesee
Flint Water Department Service Center Genesee
Sunshine Foods #119 Burton Genesee
United Cleaners Inc. Genesee
Watkins & Himelohoch Inc. Genesee
Bondale Dinkens Gladwin
Winegar's Trading Post Gladwin
4 Corners Grand Traverse
Stop N Shop Grand Traverse
Woodland Shop N Go #175 Grand Traverse
KD's Country Store Gratiot
Pat's Service Gratiot
Wilson's Grocery Gratiot
Action Auto Store #30 Ingham
Bay Gas Station Ingham
Bay Petroleum W. Willow Ingham
Bay Petroleum, S. MLK Ingham
Citgo #7 Ingham
Clark Station #1995 Ingham
Former Clark #531 Ingham
Fresh-Up Car Wash Ingham
Miller Oil Company Ingham
Forest Park School District Iron
Alamo General Store Kalamazoo
Bud's Auto Repair Kalamazoo
Dutton Mills Kent
Former Clark #1481 Kent
Great Northern Packaging Kent
MSI #635 Kent
Hurly's Lodge Lake
Church & Sons Gas Station Lapeer
E.J. Green Lapeer
P.T. Auto Sales Lapeer
Schaudt's Service Station Lapeer
Former Ted's Standard Leelanau
Lakeside Resort and Party Store Leelanau
Clark Store #2128 Livingston
Lakeland Montessori School Livingston
The Oasis Truck Stop Livingston
Bob's Standard Service Luce
Action Auto (former) Macomb
Memphis Shell Macomb
Sokana Mobil Macomb
Muffler Man Manistee
Harvey Oil Co. Inc. Marquette
Joe & Son's Service Marquette
Quick Lube Mason
Morley General Store Mecosta
Jack's Mobil Menominee
Dutch Hutch Missaukee
Rinckey's Store Missaukee
A.N. Russell & Son Inc. Montcalm
Coral General Store Montcalm
Edmore Mobil Montcalm
R.V. Jensen Inc. Montcalm
Lowell St. Hillman Twp. Montmorency
Wyson's General Store Montmorency
Bennett Pump Muskegon
Bernie's Amoco Muskegon
Grant Mini Mart Newaygo
Wesco #14/Triangle Market Newaygo
Emma Milner Property, Waterford Oakland
Jenny Enterprises/Wine Basket, Highland Oakland
Little Caesar's Pizza, Ortonville Oakland
Wayne Oakland Oil Company Oakland
Village of Mears GW Contam. Oceana
Kimball's Western Ogemaw
Rose City Feed & Tack Ogemaw
Andy's Standard Osceola
Lowing's Auto Osceola
Neal's Service Osceola
Tiel Oil Company Osceola
Don's Marathon Oscoda
West Otsego Lake Grocery Otsego
Radio Tavern Presque Isle
Westervelt, 805 S. Saginaw
Former Sav-U Station Shiawassee
Frank's Service Shiawassee
Decker Service St. Joseph
Payless SuperAmerica St. Joseph
State Rd. 6842, Millington Tuscola
Clark Store #1126 Van Buren
Drew, Ripple Property Van Buren
Roy Smothers Van Buren
Jimmie's Filling Station Washtenaw
Total #2542 (Huron Mini-mart) Washtenaw
B & H Food & Gas/Dix-Toledo Petro Mart Wayne
Cal's Car Care, Incorporated - BTEX Wayne
City of Detroit - DOT - 5800 Russell St. Wayne
Garden Gas Station Wayne
Hail Investments Wayne
JJ Curran Crane Wayne
K & A Gas Wayne
Master Petroleum Wayne
Micks Auto Wayne
Speedy's Gas & Goodies Wayne
Welcome Gas on Telegraph Wayne
Peterson's Standard Wexford
Sec. 307. Effective October 1, 2011, surplus funds not to
exceed $2,000,000.00 in the small business pollution prevention
assistance revolving loan fund created in section 14513 of the
natural resources and environmental protection act, 1994 PA 451,
MCL 324.14513, are appropriated to the environmental pollution
prevention fund created in section 11130 of the natural resources
and environmental protection act, 1994 PA 451, MCL 324.11130.
Sec. 308. Effective October 1, 2011, surplus funds not to
exceed $1,300,000.00 in the small business pollution prevention
assistance revolving loan fund created in section 14513 of the
natural resources and environmental protection act, 1994 PA 451,
MCL 324.14513, 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. 309. The funds appropriated in part 1 for the brownfield
grants and loans 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 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, 2016.
Sec. 310. The funds appropriated in part 1 for the
environmental bond site reclamation program are considered work
project appropriations, and any unencumbered or unallotted funds
are carried forward into the succeeding fiscal year. The following
is in compliance with section 451a(1) of the management and budget
act, 1984 PA 431, MCL 18.1451a:
(a) The purpose of the projects to be carried forward is to
provide contaminated site cleanup.
(b) The projects will be accomplished by contract.
(c) The total estimated cost of all projects is $1,452,500.00.
(d) The tentative completion date is September 30, 2016.
Sec. 311. The department shall enter into a memorandum of
understanding with the department of treasury to develop a process
for the review and approval of tax exemption certificates in
accordance with the list of commonly approved air pollution control
equipment adopted by the state tax commission on August 16, 2010
and the list of commonly approved water pollution equipment adopted
by the state tax commission on August 16, 2010.
WATER RESOURCES DIVISION
Sec. 401. From the funds appropriated in part 1 for surface
water, $100,000.00 shall be allocated to support the 1 additional
FTE position for the aquatic nuisance control program that was
added in the fiscal year ending September 30, 2011. The department
shall report to the house and senate appropriations subcommittees
on environmental quality and the house and senate fiscal agencies
by September 30, 2012 on the use of this funding and the number of
permit applications processed by the program in 2012.
Sec. 402. From the funds appropriated in part 1, the
department shall fund a groundwater dispute resolution process in
such a manner that maintains a strategically selected dispute
resolution process given funds available. The department may
utilize any and all available resources in providing this process
and shall report to the legislature on the need for additional
funds.
Sec. 403. From the funds appropriated in part 1, contingent
upon the creation of an aquatic invasive species advisory council,
the department shall support funding for the advisory council to
provide recommendations to appropriate parties and bodies for a
basin-wide approach to managing invasive species.
GRANTS
Sec. 501. 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.
RESOURCE MANAGEMENT DIVISION
Sec. 601. (1) The department shall develop a report that
addresses implementation of the state's solid waste policy. At a
minimum, the report shall do both of the following:
(a) Identify options for long-term funding for the solid waste
management program. For each option, the report shall take into
account the extent to which additional activities or materials, or
both, such as recycling, composting, and beneficial reuse would
impact the long-term funding of the solid waste management program.
(b) Assess the feasibility of contracting out landfill
inspections.
(2) The department shall provide the report prepared under
subsection (1) to the state budget director, the house and senate
appropriations subcommittees on environmental quality, and the
house and senate fiscal agencies by June 30, 2012.
ONE-TIME BASIS ONLY
Sec. 1001. For the state fiscal year ending September 30,
2012, there is appropriated from general fund/general purpose
revenue, on a 1-time basis only, $6,000,000.00 for the Muskegon
cleanup site.
PART 2A
PROVISIONS CONCERNING ANTICIPATED APPROPRIATIONS
FOR FISCAL YEAR 2012-2013
GENERAL SECTIONS
Sec. 1201. It is the intent of the legislature to provide
appropriations for the fiscal year ending on September 30, 2013 for
the line items listed in part 1. The fiscal year 2012-2013
appropriations are anticipated to be the same as those for fiscal
year 2011-2012, 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 2012 consensus revenue estimating
conference.
ARTICLE VIII
GENERAL GOVERNMENT
PART 1
LINE-ITEM APPROPRIATIONS
FOR FISCAL YEAR 2011-2012
Sec. 101. Subject to the conditions set forth in this article,
the amounts listed in this part are appropriated for the
departments of attorney general, civil rights, state, technology,
management, and budget, and treasury, the executive office, the
legislative branch, and certain other state purposes, for the
fiscal year ending September 30, 2012, from the funds indicated in
this part. The following is a summary of the appropriations in this
part:
TOTAL GENERAL GOVERNMENT
APPROPRIATION SUMMARY
Full-time equated unclassified positions........... 43.0
Full-time equated classified positions.......... 8,116.2
GROSS APPROPRIATION.................................... $ 3,897,242,100
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 669,027,400
ADJUSTED GROSS APPROPRIATION........................... $ 3,228,214,700
Federal revenues:
Total federal revenues................................. 768,099,400
Special revenue funds:
Total local revenues................................... 7,989,300
Total private revenues................................. 979,400
Total other state restricted revenues.................. 1,726,410,300
State general fund/general purpose..................... $ 724,736,300
Sec. 102. DEPARTMENT OF ATTORNEY GENERAL
(1) APPROPRIATION SUMMARY
Full-time equated unclassified positions.......... 6.0
Full-time equated classified positions.......... 514.0
GROSS APPROPRIATION.................................... $ 74,590,900
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 21,885,400
ADJUSTED GROSS APPROPRIATION........................... $ 52,705,500
Federal revenues:
Total federal revenues................................. 8,848,800
Special revenue funds:
Total local revenues................................... 0
Total private revenues................................. 0
Total other state restricted revenues.................. 15,489,100
State general fund/general purpose..................... $ 28,367,600
(2) ATTORNEY GENERAL OPERATIONS
Full-time equated unclassified positions.......... 6.0
Full-time equated classified positions.......... 514.0
Attorney general....................................... $ 112,500
Unclassified positions--5.0 FTE positions.............. 476,300
Attorney general operations--477.0 FTE positions....... 68,330,700
Child support enforcement--25.0 FTE positions.......... 3,008,000
Prosecuting attorneys coordinating council--12.0 FTE
positions............................................ 1,881,800
GROSS APPROPRIATION.................................... $ 73,809,300
Appropriated from:
Interdepartmental grant revenues:
IDG from MDCH, health services......................... 2,062,400
IDG from MDCH, WIC..................................... 77,000
IDG from department of corrections..................... 527,700
IDG from MDE........................................... 317,000
IDG from MDEQ.......................................... 1,917,700
IDG from MDHS.......................................... 3,617,000
IDG from Michigan state housing development authority.. 540,200
IDG from MDLARA, children's protection registry........ 39,100
IDG from MDLARA, financial and insurance regulation.... 1,154,400
IDG from MDLARA, licensing and regulation fees......... 197,800
IDG from MDLARA, Michigan occupational safety and
health administration................................ 100,800
IDG from MDLARA, remonumentation fees.................. 85,000
IDG from MDMVA......................................... 131,500
IDG from MDOT, comprehensive transportation fund....... 177,200
IDG from MDOT, state aeronautics fund.................. 165,900
IDG from MDOT, state trunkline fund.................... 2,817,500
IDG from MDSP.......................................... 322,300
IDG from MDSP, Michigan justice training fund.......... 139,000
IDG from MDTMB......................................... 208,000
IDG from MDTMB, civil service commission............... 300,600
IDG from MDTMB, risk management revolving fund......... 1,419,300
IDG from MSF, workforce development agency............. 205,400
IDG from treasury...................................... 5,220,000
IDG from treasury, Michigan strategic fund............. 142,600
Federal revenues:
DAG, state administrative match grant/food stamps...... 413,300
Federal funds.......................................... 2,645,200
HHS, medical assistance, medigrant..................... 645,100
HHS-OS, state Medicaid fraud control units............. 5,045,200
National criminal history improvement program.......... 100,000
Special revenue funds:
Antitrust enforcement collections...................... 656,600
Assigned claims assessments............................ 132,800
Attorney general's operations fund..................... 985,600
Auto repair facilities fees............................ 261,300
Franchise fees......................................... 331,700
Game and fish protection fund.......................... 797,100
Liquor purchase revolving fund......................... 1,165,700
Manufactured housing fees.............................. 217,200
Merit award trust fund................................. 408,600
Michigan employment security act - administrative fund. 1,785,800
Prisoner reimbursement................................. 515,200
Prosecuting attorneys training fees.................... 375,000
Public utility assessments............................. 1,888,800
Real estate enforcement fund........................... 549,100
Reinstatement fees..................................... 175,400
Retirement funds....................................... 832,100
Second injury fund..................................... 913,600
Self-insurers security fund............................ 640,800
Silicosis and dust disease fund........................ 210,900
State building authority revenue....................... 104,200
State casino gaming fund............................... 1,235,200
State lottery fund..................................... 275,600
Utility consumers fund................................. 623,700
Waterways fund......................................... 111,800
Worker's compensation administrative revolving fund.... 295,300
State general fund/general purpose..................... $ 27,586,000
(3) INFORMATION TECHNOLOGY
Information technology services and projects........... $ 781,600
GROSS APPROPRIATION.................................... $ 781,600
Appropriated from:
State general fund/general purpose..................... $ 781,600
Sec. 103. DEPARTMENT OF CIVIL RIGHTS
(1) APPROPRIATION SUMMARY
Full-time equated unclassified positions.......... 5.0
Full-time equated classified positions.......... 121.0
GROSS APPROPRIATION.................................... $ 13,730,200
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 0
ADJUSTED GROSS APPROPRIATION........................... $ 13,730,200
Federal revenues:
Total federal revenues................................. 2,880,600
Special revenue funds:
Total local revenues................................... 0
Total private revenues................................. 18,700
Total other state restricted revenues.................. 151,900
State general fund/general purpose..................... $ 10,679,000
(2) CIVIL RIGHTS OPERATIONS
Full-time equated unclassified positions.......... 5.0
Full-time equated classified positions.......... 121.0
Unclassified positions--5.0 FTE positions.............. $ 267,100
Civil rights operations--113.0 FTE positions........... 11,454,100
Commission on disability concerns--7.0 FTE positions... 1,186,100
Hispanic/Latino commission of Michigan--1.0 FTE
positions............................................ 206,700
GROSS APPROPRIATION.................................... $ 13,114,000
Appropriated from:
Federal revenues:
EEOC, state and local antidiscrimination agency
contracts............................................ 885,000
HUD, grant............................................. 1,313,200
Federal revenues....................................... 667,400
Special revenue funds:
Private revenues....................................... 18,700
Division on deafness fund.............................. 93,400
State restricted indirect funds........................ 58,500
State general fund/general purpose..................... $ 10,077,800
(3) INFORMATION TECHNOLOGY
Information technology services and projects........... $ 616,200
GROSS APPROPRIATION.................................... $ 616,200
Appropriated from:
Federal revenues:
EEOC, state and local antidiscrimination agency
contracts............................................ 15,000
State general fund/general purpose..................... $ 601,200
Sec. 104. EXECUTIVE OFFICE
(1) APPROPRIATION SUMMARY
Full-time equated unclassified positions......... 10.0
Full-time equated classified positions........... 74.2
GROSS APPROPRIATION.................................... $ 4,399,200
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 0
ADJUSTED GROSS APPROPRIATION........................... $ 4,399,200
Federal revenues:
Total federal revenues................................. 0
Special revenue funds:
Total local revenues................................... 0
Total private revenues................................. 0
Total other state restricted revenues.................. 0
State general fund/general purpose..................... $ 4,399,200
(2) EXECUTIVE OFFICE OPERATIONS
Full-time equated unclassified positions......... 10.0
Full-time equated classified positions........... 74.2
Governor............................................... $ 159,300
Lieutenant governor.................................... 111,600
Executive office--74.2 FTE positions................... 3,278,500
Unclassified positions--8.0 FTE positions.............. 849,800
GROSS APPROPRIATION.................................... $ 4,399,200
Appropriated from:
State general fund/general purpose..................... $ 4,399,200
Sec. 105. LEGISLATURE
(1) APPROPRIATION SUMMARY
GROSS APPROPRIATION.................................... $ 115,971,600
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 3,751,500
ADJUSTED GROSS APPROPRIATION........................... $ 112,220,100
Federal revenues:
Total federal revenues................................. 0
Special revenue funds:
Total local revenues................................... 0
Total private revenues................................. 400,000
Total other state restricted revenues.................. 2,649,700
State general fund/general purpose..................... $ 109,170,400
(2) LEGISLATURE
Senate................................................. $ 24,598,800
Senate automated data processing....................... 2,156,800
Senate fiscal agency................................... 2,687,800
House of representatives............................... 39,087,800
House automated data processing........................ 1,712,300
House fiscal agency.................................... 2,687,800
GROSS APPROPRIATION.................................... $ 72,931,300
Appropriated from:
State general fund/general purpose..................... $ 72,931,300
(3) LEGISLATIVE COUNCIL
Legislative council.................................... $ 8,446,700
Legislative service bureau automated data processing... 1,163,600
Worker's compensation.................................. 126,300
National association dues.............................. 141,500
Legislative corrections ombudsman...................... 606,200
GROSS APPROPRIATION.................................... $ 10,484,300
Appropriated from:
Interdepartmental grant revenues:
IDG from Michigan department of corrections............ 250,000
Special revenue funds:
Private - gifts and bequests revenues.................. 400,000
State general fund/general purpose..................... $ 9,834,300
(4) LEGISLATIVE RETIREMENT SYSTEM
General nonretirement expenses......................... $ 4,233,300
GROSS APPROPRIATION.................................... $ 4,233,300
Appropriated from:
Special revenue funds:
Court fees............................................. 1,109,800
State general fund/general purpose..................... $ 3,123,500
(5) PROPERTY MANAGEMENT
Capitol building....................................... $ 2,552,800
Cora Anderson building................................. 8,315,800
Farnum building and other properties................... 1,815,700
GROSS APPROPRIATION.................................... $ 12,684,300
Appropriated from:
State general fund/general purpose..................... $ 12,684,300
(6) OFFICE OF THE AUDITOR GENERAL
Unclassified positions................................. $ 313,500
Field operations....................................... 15,324,900
GROSS APPROPRIATION.................................... $ 15,638,400
Appropriated from:
Interdepartmental grant revenues:
IDG from MDLARA, liquor purchase revolving fund........ 11,300
IDG from MDOT, comprehensive transportation fund....... 25,200
IDG from MDOT, Michigan transportation fund............ 204,300
IDG from MDOT, state aeronautics fund.................. 19,600
IDG from MDTMB, civil service commission............... 107,900
IDG from MDOT, state trunkline fund.................... 474,600
IDG, single audit act.................................. 2,658,600
Special revenue funds:
21st century jobs trust fund........................... 50,000
Clean Michigan initiative implementation bond fund..... 38,300
Commercial mobile radio system emergency telephone
fund................................................. 38,300
Contract audit administration fees..................... 53,900
Correctional industries revolving fund................. 32,000
Fee adequacy, air quality delegated authority.......... 9,600
Game and fish protection fund.......................... 22,000
Legislative retirement system.......................... 19,100
Michigan economic development corporation.............. 54,400
Michigan education trust fund.......................... 30,700
Michigan justice training commission fund.............. 28,700
Michigan state housing development authority fees...... 22,600
Michigan strategic fund................................ 89,000
Michigan tobacco settlement authority.................. 27,000
Michigan veterans' trust fund.......................... 24,900
Motor transport revolving fund......................... 5,200
Office services revolving fund......................... 6,900
State disbursement unit, office of child support....... 27,600
State services fee fund................................ 952,100
Waterways fund......................................... 7,600
State general fund/general purpose..................... $ 10,597,000
Sec. 106. DEPARTMENT OF STATE
(1) APPROPRIATION SUMMARY
Full-time equated unclassified positions.......... 6.0
Full-time equated classified positions........ 1,809.0
GROSS APPROPRIATION.................................... $ 211,885,000
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 20,000,000
ADJUSTED GROSS APPROPRIATION........................... $ 191,885,000
Federal revenues:
Total federal revenues................................. 1,810,000
Special revenue funds:
Total local revenues................................... 0
Total private revenues................................. 100
Total other state restricted revenues.................. 178,788,700
State general fund/general purpose..................... $ 11,286,200
(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.............. 453,200
Operations--30.0 FTE positions......................... 3,224,100
GROSS APPROPRIATION.................................... $ 3,789,800
Appropriated from:
Auto repair facilities fees............................ 60,300
Driver fees............................................ 221,600
Expedient service fees................................. 58,300
Parking ticket court fines............................. 8,300
Personal identification card fees...................... 26,100
Reinstatement fees - operator licenses................. 204,000
Transportation administration collection fund.......... 2,061,500
Vehicle theft prevention fees.......................... 35,500
State general fund/general purpose..................... $ 1,114,200
(3) DEPARTMENT SERVICES
Full-time equated classified positions.......... 159.0
Operations--152.0 FTE positions........................ $ 22,600,800
Assigned claims assessments--7.0 FTE positions......... 1,031,800
GROSS APPROPRIATION.................................... $ 23,632,600
Appropriated from:
Special revenue funds:
Abandoned vehicle fees................................. 467,400
Assigned claims assessments............................ 1,031,800
Auto repair facilities fees............................ 414,000
Child support clearance fees........................... 34,200
Driver fees............................................ 917,200
Driver improvement course fund......................... 300,000
Expedient service fees................................. 256,200
Marine safety fund..................................... 79,400
Off-road vehicle title fees............................ 8,000
Parking ticket court fines............................. 52,600
Personal identification card fees...................... 118,900
Reinstatement fees - operator licenses................. 684,700
Scrap tire fund........................................ 72,800
Snowmobile registration fee revenue.................... 18,100
Transportation administration collection fund.......... 18,758,400
Vehicle theft prevention fees.......................... 242,800
State general fund/general purpose..................... $ 176,100
(4) REGULATORY SERVICES
Full-time equated classified positions.......... 210.5
Operations--208.5 FTE positions........................ $ 21,819,900
County clerk education and training.................... 100,000
Motorcycle safety education administration--2.0 FTE
positions............................................ 323,600
Motorcycle safety education grants..................... 1,500,000
GROSS APPROPRIATION.................................... $ 23,743,500
Appropriated from:
Special revenue funds:
Auto repair facilities fees............................ 4,129,600
Driver education provider and instructor fund.......... 72,700
Driver fees............................................ 2,677,400
Expedient service fees................................. 35,100
Motorcycle safety fund................................. 1,823,600
Notary education and training fund..................... 100,000
Notary fee fund........................................ 313,800
Parking ticket court fines............................. 20,600
Personal identification card fees...................... 104,700
Reinstatement fees - operator licenses................. 2,041,400
Transportation administration collection fund.......... 10,881,700
Vehicle theft prevention fees.......................... 1,326,000
State general fund/general purpose..................... $ 216,900
(5) CUSTOMER DELIVERY SERVICES
Full-time equated classified positions........ 1,373.5
Branch operations--931.5 FTE positions................. $ 75,703,600
Central operations--415.0 FTE positions................ 43,684,500
Commemorative license plates--24.0 FTE positions....... 2,147,300
Specialty license plates--3.0 FTE positions............ 1,922,000
Credit and debit assessment service fees............... 1,000,000
Olympic center plate................................... 75,700
Organ donor program.................................... 79,100
GROSS APPROPRIATION.................................... $ 124,612,200
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................................. 196,900
Auto repair facilities fees............................ 92,500
Child support clearance fees........................... 294,000
Credit and debit assessment service fees............... 1,000,000
Driver fees............................................ 23,788,700
Driver improvement course fund......................... 1,200,000
Enhanced driver license and enhanced official state
personal identification card fund.................... 4,849,900
Expedient service fees................................. 2,456,400
Marine safety fund..................................... 1,261,600
Michigan state police auto theft fund.................. 118,900
Mobile home commission fees............................ 472,900
Off-road vehicle title fees............................ 141,600
Parking ticket court fines............................. 1,485,200
Personal identification card fees...................... 2,057,400
Recreation passport fee revenue........................ 1,037,800
Reinstatement fees - operator licenses................. 1,406,400
Snowmobile registration fee revenue.................... 345,800
Transportation administration collection fund.......... 60,478,900
Vehicle theft prevention fees.......................... 208,600
State general fund/general purpose..................... $ 258,600
(6) ELECTION REGULATION
Full-time equated classified positions........... 36.0
Election administration and services--36.0 FTE
positions............................................ $ 5,140,600
Fees to local units.................................... 109,800
Help America Vote Act.................................. 350,000
GROSS APPROPRIATION.................................... $ 5,600,400
Appropriated from:
Federal revenues:
Federal Funds - HAVA HHS............................... 350,000
State general fund/general purpose..................... $ 5,250,400
(7) DEPARTMENTWIDE APPROPRIATIONS
Building occupancy charges/rent........................ $ 9,772,000
Worker's compensation.................................. 292,500
GROSS APPROPRIATION.................................... $ 10,064,500
Appropriated from:
Special revenue funds:
Auto repair facilities fees............................ 135,300
Driver fees............................................ 738,200
Expedient service fees................................. 26,000
Parking ticket court fines............................. 447,800
Transportation administration collection fund.......... 5,925,000
State general fund/general purpose..................... $ 2,792,200
(8) INFORMATION TECHNOLOGY
Information technology services and projects........... $ 20,442,000
GROSS APPROPRIATION.................................... $ 20,442,000
Appropriated from:
Special revenue funds:
Administrative order processing fee.................... 11,100
Auto repair facilities fees............................ 179,000
Child support clearance fees........................... 16,200
Driver fees............................................ 741,700
Expedient service fees................................. 1,022,700
Parking ticket court fines............................. 82,500
Personal identification card fees...................... 159,900
Reinstatement fees - operator licenses................. 558,500
Transportation administration collection fund.......... 16,022,100
Vehicle theft prevention fees.......................... 170,500
State general fund/general purpose..................... $ 1,477,800
Sec. 107. DEPARTMENT OF TECHNOLOGY, MANAGEMENT, AND
BUDGET
(1) APPROPRIATION SUMMARY
Full-time equated unclassified positions.......... 6.0
Full-time equated classified positions........ 3,032.5
GROSS APPROPRIATION.................................... $ 1,017,184,300
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 608,968,900
ADJUSTED GROSS APPROPRIATION........................... $ 408,215,400
Federal revenues:
Total federal revenues................................. 10,346,000
Special revenue funds:
Total local revenues................................... 1,456,600
Total private revenues................................. 180,600
Total other state restricted revenues.................. 85,374,400
State general fund/general purpose..................... $ 310,857,800
(2) EXECUTIVE DIRECTION
Full-time equated unclassified positions.......... 6.0
Full-time equated classified positions........... 11.0
Unclassified positions--6.0 FTE positions.............. $ 796,500
Executive operations--11.0 FTE positions............... 1,410,000
GROSS APPROPRIATION.................................... $ 2,206,500
Appropriated from:
Interdepartmental grant revenues:
IDG from building occupancy and parking charges........ 74,400
IDG from technology user fees.......................... 1,394,500
Special revenue funds:
Special revenue, internal service, and pension trust
funds................................................ 140,800
State general fund/general purpose..................... $ 596,800
(3) DEPARTMENT SERVICES
Full-time equated classified positions.......... 778.5
Administrative services--132.5 FTE positions........... $ 15,411,100
Budget and financial management--158.5 FTE positions... 15,726,700
Office of the state employer--23.0 FTE positions....... 2,980,800
Design and construction services--40.0 FTE positions... 5,772,800
Business support services--105.5 FTE positions......... 9,584,200
Building operation services--221.0 FTE positions....... 87,962,100
Building occupancy charges, rent, and utilities........ 5,129,400
Motor vehicle fleet--46.0 FTE positions................ 57,349,700
Information technology services and projects........... 26,482,900
Bureau of labor market information and strategies--
52.0 FTE positions................................... 6,676,900
GROSS APPROPRIATION.................................... $ 233,076,600
Appropriated from:
Interdepartmental grant revenues:
IDG from accounting service centers user charges....... 2,471,200
IDG from building occupancy and parking charges........ 90,446,400
IDG from MDCH.......................................... 453,000
IDG from MDHS.......................................... 187,800
IDG from MDLARA........................................ 100,000
IDG from MDOT, comprehensive transportation fund....... 41,900
IDG from MDOT, state aeronautics fund.................. 38,100
IDG from MDOT, state trunkline fund.................... 1,308,100
IDG from motor transport fund.......................... 57,349,700
IDG from technology user fees.......................... 7,960,500
IDG from user fees..................................... 5,833,200
Federal revenues:
Federal funds.......................................... 100
Federal revenues....................................... 7,542,600
Special revenue funds:
Deferred compensation.................................. 2,600
Game and fish protection fund.......................... 408,500
Health management funds................................ 1,969,700
MAIN user charges...................................... 5,143,000
Pension trust funds.................................... 6,726,900
Special revenue, internal service, and pension trust
funds................................................ 13,529,200
State building authority revenue....................... 675,400
State lottery fund..................................... 225,000
State restricted indirect funds........................ 1,857,800
State services fee fund................................ 117,900
Waterways fund......................................... 106,000
State general fund/general purpose..................... $ 28,582,000
(4) TECHNOLOGY SERVICES
Full-time equated classified positions........ 1,559.5
Education services--31.0 FTE positions................. $ 3,262,600
Health and human services--659.5 FTE positions......... 255,628,900
Public protection--271.5 FTE positions................. 54,819,100
Resources services--156.5 FTE positions................ 18,305,400
Transportation services--95.5 FTE positions............ 27,737,500
General services--345.5 FTE positions.................. 75,363,100
GROSS APPROPRIATION.................................... $ 435,116,600
Appropriated from:
Interdepartmental grant revenues:
IDG from technology user fees.......................... 435,116,600
State general fund/general purpose..................... $ 0
(5) SPECIAL PROGRAMS
Full-time equated classified positions.......... 177.0
Building occupancy charges - property management
services for executive/legislative building
occupancy............................................ $ 1,188,200
Retirement services--166.0 FTE positions............... 18,402,900
Office of children's ombudsman--11.0 FTE positions..... 1,028,900
Information technology innovation fund................. 2,500,000
GROSS APPROPRIATION.................................... $ 23,120,000
Appropriated from:
Special revenue funds:
Deferred compensation.................................. 1,542,400
Pension trust funds.................................... 16,860,500
State general fund/general purpose..................... $ 4,717,100
(6) STATE BUILDING AUTHORITY RENT
State building authority rent - state agencies......... $ 68,305,800
State building authority rent - department of
corrections.......................................... 47,379,900
State building authority rent - universities........... 117,225,300
State building authority rent - community colleges..... 23,959,600
GROSS APPROPRIATION.................................... $ 256,870,600
Appropriated from:
State general fund/general purpose..................... $ 256,870,600
(7) CIVIL SERVICE COMMISSION
Full-time equated classified positions.......... 506.5
Agency services--102.5 FTE positions................... $ 12,371,700
Executive direction--33.0 FTE positions................ 8,773,400
Employee benefits--31.0 FTE positions.................. 6,078,100
Training............................................... 1,300,000
Human resources operations--340.0 FTE positions........ 32,275,600
Information technology services and projects........... 3,995,200
GROSS APPROPRIATION.................................... $ 64,794,000
Appropriated from:
Interdepartmental grant revenues:
IDG, training charges.................................. 1,300,000
IDG, 1% special funds.................................. 2,893,500
Federal revenues:
Federal funds 1%....................................... 2,803,300
Special revenue funds:
Local funds 1%......................................... 1,456,600
Private funds 1%....................................... 180,600
State restricted funds 1%.............................. 21,241,300
State restricted indirect funds........................ 5,956,600
State sponsored group insurance........................ 2,650,000
State sponsored group insurance, flexible spending
accounts, and COBRA.................................. 6,220,800
State general fund/general purpose..................... $ 20,091,300
(8) CAPITAL OUTLAY
Major special maintenance, remodeling and addition for
state agencies....................................... $ 2,000,000
GROSS APPROPRIATION.................................... $ 2,000,000
Appropriated from:
Interdepartmental grant revenues:
IDG from building occupancy charges.................... 2,000,000
State general fund/general purpose..................... $ 0
Sec. 108. DEPARTMENT OF TREASURY
(1) APPROPRIATION SUMMARY
Full-time equated unclassified positions......... 10.0
Full-time equated classified positions........ 2,565.5
GROSS APPROPRIATION.................................... $ 2,459,480,900
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 14,421,600
ADJUSTED GROSS APPROPRIATION........................... $ 2,445,059,300
Federal revenues:
Total federal revenues................................. 744,214,000
Special revenue funds:
Total local revenues................................... 6,532,700
Total private revenues................................. 380,000
Total other state restricted revenues.................. 1,443,956,500
State general fund/general purpose..................... $ 249,976,100
(2) EXECUTIVE DIRECTION
Full-time equated unclassified positions......... 10.0
Full-time equated classified positions............ 5.0
Unclassified positions--10.0 FTE positions............. $ 923,000
Office of the director--5.0 FTE positions.............. 1,013,700
GROSS APPROPRIATION.................................... $ 1,936,700
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:
State lottery fund..................................... 196,200
State services fee fund................................ 357,900
State general fund/general purpose..................... $ 1,317,600
(3) DEPARTMENTWIDE APPROPRIATIONS
Travel................................................. $ 1,209,500
Rent and building occupancy charges - property
management services.................................. 5,357,600
Worker's compensation insurance premium................ 168,000
GROSS APPROPRIATION.................................... $ 6,735,100
Appropriated from:
Special revenue funds:
Delinquent tax collection revenue...................... 3,843,800
State general fund/general purpose..................... $ 2,891,300
(4) LOCAL GOVERNMENT PROGRAMS
Full-time equated classified positions........... 93.0
Supervision of the general property tax law--59.0 FTE
positions............................................ $ 12,730,300
Property tax assessor training--4.0 FTE positions...... 457,100
Local finance--23.0 FTE positions...................... 2,450,300
Business property tax appeal--7.0 FTE positions........ 402,400
GROSS APPROPRIATION.................................... $ 16,040,100
Appropriated from:
Federal revenues:
Special revenue funds:
Local - assessor training fees......................... 1,292,100
Local - audit charges.................................. 667,100
Local - equalization study charge-backs................ 40,000
Local - revenue from local government.................. 100,000
Land reutilization fund................................ 4,528,400
Municipal finance fees................................. 535,200
Delinquent tax collection revenue...................... 1,440,500
State general fund/general purpose..................... $ 7,436,800
(5) TAX PROGRAMS
Full-time equated classified positions.......... 762.0
Customer contact--112.0 FTE positions.................. $ 9,980,900
Tax compliance--345.0 FTE positions.................... 38,456,900
Tax and economic policy--121.0 FTE positions........... 13,848,700
Tax processing--156.0 FTE positions.................... 15,630,400
Home heating assistance................................ 2,834,800
Bottle act implementation.............................. 250,000
Tobacco tax enforcement................................ 3,000,000
Tax plan implementation--28.0 FTE positions............ 10,537,000
GROSS APPROPRIATION.................................... $ 94,538,700
Appropriated from:
Interdepartmental grant revenues:
IDG, data/collection services fees..................... 50,900
IDG from MDOT, Michigan transportation fund............ 7,901,600
IDG from MDOT, state aeronautics fund.................. 68,700
Federal revenues:
HHS-SSA, low-income energy assistance.................. 2,834,800
Special revenue funds:
Bottle deposit fund.................................... 250,000
Delinquent tax collection revenue...................... 65,102,000
Emergency 911 fund..................................... 150,000
Tobacco tax revenue.................................... 3,980,400
Waterways fund......................................... 80,500
State general fund/general purpose..................... $ 14,119,800
(6) BANKING AND MANAGEMENT SERVICES
Full-time equated classified positions.......... 343.0
Departmental and budget services--48.0 FTE positions... $ 4,218,300
Unclaimed property--26.0 FTE positions................. 4,356,600
Collections--209.0 FTE positions....................... 24,492,100
Finance and accounting--21.0 FTE positions............. 1,997,500
Receipts processing--39.0 FTE positions................ 3,923,400
GROSS APPROPRIATION.................................... $ 38,987,900
Appropriated from:
Interdepartmental grant revenues:
IDG, levy/warrant cost assessment fees................. 2,000,000
IDG, state agency collection fees...................... 2,426,800
IDG from MDHS, title IV-D.............................. 662,500
IDG data/collection service fees....................... 229,600
IDG from accounting service center user charges........ 389,400
Special revenue funds:
Delinquent tax collection revenue...................... 20,920,300
Escheats revenue....................................... 4,356,600
Justice system fund.................................... 696,100
Garnishment fees....................................... 2,342,200
State restricted indirect funds........................ 258,500
Treasury fees.......................................... 43,900
State general fund/general purpose..................... $ 4,662,000
(7) FINANCIAL PROGRAMS
Full-time equated classified positions.......... 237.5
Investments--82.0 FTE positions........................ $ 17,614,500
Common cash and debt management--22.5 FTE positions.... 1,365,700
Student financial assistance programs--46.5 FTE
positions............................................ 3,564,000
Michigan finance authority - bond finance--84.5 FTE
positions............................................ 36,943,200
Public private partnership investment--2.0 FTE
positions............................................ 1,487,900
John R. Justice grant program.......................... 282,100
GROSS APPROPRIATION.................................... $ 61,257,400
Appropriated from:
Interdepartmental grant revenues:
IDG, fiscal agent service fees......................... 177,100
Federal revenues:
DED-OPSE, federal lenders allowance.................... 10,908,900
DED-OPSE, higher education act of 1965, insured loans.. 24,203,900
Federal - John R. Justice grant........................ 282,100
Special revenue funds:
Defined contribution administrative fee revenue........ 100,000
Michigan finance authority bond and loan program
revenue.............................................. 3,068,100
Michigan merit award trust fund........................ 996,400
Public private partnership investment fund............. 1,487,900
Retirement funds....................................... 16,430,200
School bond fees....................................... 688,100
Treasury fees.......................................... 1,277,000
State general fund/general purpose..................... $ 1,637,700
(8) DEBT SERVICE
Water pollution control bond and interest redemption... $ 2,125,500
Quality of life bond................................... 75,278,500
Clean Michigan initiative.............................. 59,373,100
Great Lakes water quality bond......................... 4,150,900
GROSS APPROPRIATION.................................... $ 140,928,000
Appropriated from:
Special revenue funds:
Refined petroleum fund................................. 15,514,500
State general fund/general purpose..................... $ 125,413,500
(9) GRANTS
Convention facility development distribution........... $ 74,850,000
Presidential primary................................... 10,000,000
Senior citizen cooperative housing tax exemption
program.............................................. 12,020,000
Emergency 911 payments................................. 27,000,000
Health and safety fund grants.......................... 9,000,000
GROSS APPROPRIATION.................................... $ 132,870,000
Appropriated from:
Special revenue funds:
Emergency 911 fund..................................... 27,000,000
Convention facility development fund................... 74,850,000
Health and safety fund................................. 9,000,000
State general fund/general purpose..................... $ 22,020,000
(10) BUREAU OF STATE LOTTERY
Full-time equated classified positions.......... 179.0
Lottery operations--179.0 FTE positions................ $ 21,657,900
Promotion and advertising.............................. 17,690,900
Lottery information technology services and projects... 4,837,800
GROSS APPROPRIATION.................................... $ 44,186,600
Appropriated from:
Special revenue funds:
State lottery fund..................................... 44,186,600
State general fund/general purpose..................... $ 0
(11) CASINO GAMING
Full-time equated classified positions.......... 126.0
Michigan gaming control board.......................... $ 50,000
Casino gaming control operations--116.0 FTE positions.. 22,418,800
Casino gaming information technology services and
projects............................................. 1,647,700
Racing commission--10.0 FTE positions.................. 2,193,300
GROSS APPROPRIATION.................................... $ 26,309,800
Appropriated from:
Special revenue funds:
Casino gambling agreements............................. 719,300
Equine development fund................................ 2,316,300
Laboratory fees........................................ 700,000
State services fee fund................................ 22,574,200
State general fund/general purpose..................... $ 0
(12) PAYMENTS IN LIEU OF TAXES
Commercial forest reserve.............................. $ 1,991,600
Purchased lands........................................ 3,292,200
Swamp and tax reverted lands........................... 5,293,200
GROSS APPROPRIATION.................................... $ 10,577,000
Appropriated from:
Special revenue funds:
Game and fish protection fund.......................... 1,201,500
Michigan natural resources trust fund.................. 350,400
Michigan state waterways fund.......................... 94,700
State general fund/general purpose..................... $ 8,930,400
(13) MICHIGAN STRATEGIC FUND
Full-time equated classified positions.......... 531.0
Administration--22.0 FTE positions..................... $ 2,786,200
Job creation services--139.0 FTE positions............. 17,205,200
Pure Michigan.......................................... 25,000,000
Innovation and entrepreneurship........................ 25,000,000
Business attraction and economic gardening............. 50,000,000
Community development block grants..................... 47,000,000
Arts and cultural program.............................. 2,567,400
Michigan film office--6.0 FTE positions................ 766,900
GEAR-UP program grants................................. 3,000,000
Carl D. Perkins grants................................. 19,000,000
Adult basic education.................................. 20,000,000
Adult education--16.0 FTE positions.................... 2,599,100
Bureau of energy systems............................... 4,610,900
Postsecondary education--9.0 FTE positions............. 2,411,300
Employment services--246.0 FTE positions............... 49,586,000
Wage and hour division--1.0 FTE positions.............. 115,000
Workforce development agency administrative services-
-25.0 FTE positions.................................. 2,059,400
Workforce program administration--61.0 FTE positions... 12,904,800
Workforce training programs............................ 296,478,600
Welfare-to-work programs............................... 93,158,800
Worker's compensation.................................. 17,900
Workforce development agency rent and property
management........................................... 1,483,500
Land bank fast track authority - bond finance--6.0 FTE
positions............................................ 2,823,500
Information technology services and projects........... 2,951,400
GROSS APPROPRIATION.................................... $ 683,525,900
Appropriated from:
Interdepartmental grant revenues:
IDG-MDEQ, air quality fees............................. 37,600
Federal revenues:
DAG, employment and training........................... 7,290,000
DED-OESE, GEAR-UP...................................... 3,000,000
DED-OSERS, rehabilitation services, vocational
rehabilitation state grants.......................... 1,458,600
DED-OVAE, adult education.............................. 20,000,000
DED-OVAE, basic grants to states....................... 19,000,000
DOE-OEERE, multiple grants............................. 4,737,300
DOL, federal funds..................................... 125,868,000
DOL-ETA, workforce investment act...................... 234,008,400
Federal funds.......................................... 6,808,400
HHS, temporary assistance for needy families........... 64,669,000
HUD-CPD, community development block grants............ 49,602,800
US-EPA, revolving loan fund............................ 1,000,000
NFAH-NEA, promotion of the arts, partnership
agreements........................................... 1,050,000
Special revenue funds:
Local revenues......................................... 4,433,500
Private - special project advances..................... 250,000
Private - Michigan council for the arts fund........... 100,000
Private - oil overcharge............................... 30,000
Contingent fund, penalty and interest account.......... 2,725,400
Defaulted loan collection fees......................... 100,000
Industry support fees.................................. 5,500
Land bank fast track fund.............................. 1,981,000
21st century jobs trust fund........................... 75,000,000
Michigan film promotion fund........................... 563,100
Public utility assessments............................. 843,600
State general fund/general purpose..................... $ 58,963,700
(14) REVENUE SHARING
Constitutional state general revenue sharing grants.... $ 658,979,300
County revenue sharing payments........................ 100,000,000
Economic vitality incentive program.................... 200,000,000
GROSS APPROPRIATION.................................... $ 958,979,300
Appropriated from:
Special revenue funds:
Sales tax.............................................. 958,979,300
State general fund/general purpose..................... $ 0
(15) MICHIGAN STRATEGIC FUND - MICHIGAN STATE
HOUSING DEVELOPMENT AUTHORITY
Full-time equated classified positions.......... 289.0
Payments on behalf of tenants.......................... $ 166,860,000
Housing and rental assistance--266.0 FTE positions..... 48,562,500
State historic preservation program--23.0 FTE
positions............................................ 3,105,700
Lighthouse preservation program........................ 307,500
Rent and administrative support........................ 3,846,100
Michigan state housing development authority
technology services and projects..................... 3,291,300
GROSS APPROPRIATION.................................... $ 225,973,100
Appropriated from:
Federal revenues:
HUD, lower income housing assistance................... 166,860,000
Special revenue funds:
Michigan state housing development authority fees and
charges.............................................. 58,805,600
Michigan lighthouse preservation fund.................. 307,500
State general fund/general purpose..................... $ 0
(16) INFORMATION TECHNOLOGY
Treasury operations information technology services
and projects......................................... $ 16,635,300
GROSS APPROPRIATION.................................... $ 16,635,300
Appropriated from:
Interdepartmental grant revenues:
IDG from MDOT, Michigan transportation fund............ 477,400
Federal revenues:
DED-OPSE, federal lender allowance..................... 566,800
Special revenue funds:
Delinquent tax collection revenue...................... 12,201,100
Retirement funds....................................... 690,600
Tobacco tax revenue.................................... 116,100
State general fund/general purpose..................... $ 2,583,300
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
FOR FISCAL YEAR 2011-2012
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 2011-2012 is
$2,451,146,600.00 and state spending from state resources to be
paid to local units of government for fiscal year 2011-2012 is
$1,129,558,400.00. 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.... 658,979,300
Economic vitality incentive program.................... 200,000,000
Convention facility development fund distribution...... 74,850,000
Emergency 9-1-1 payments............................... 24,600,000
County revenue sharing payments........................ 100,000,000
Airport parking distribution pursuant to section 909... 12,946,500
Presidential primary................................... 10,000,000
Payments in lieu of taxes.............................. 10,577,000
Welfare-to-work programs............................... 15,224,800
Subtotal............................................... $ 1,128,197,600
TOTAL GENERAL GOVERNMENT............................... $ 1,129,558,400
(2) Pursuant to section 30 of article IX of the state
constitution of 1963, total state spending from state sources for
fiscal year 2011-2012 is estimated at $26,336,775,800.00 in the
2011-2012 appropriations acts and total state spending from state
sources paid to local units of government for fiscal year 2011-2012
is estimated at $14,717,752,700.00. The state-local proportion is
estimated at 55.9% of total state spending from state resources.
(3) If payments to local units of government and state
spending from state sources for fiscal year 2011-2012 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
2011-2012 to the senate and house of representatives standing
committees on appropriations within 30 days after the final book-
closing for fiscal year 2011-2012.
Sec. 202. The appropriations authorized under this article are
subject to the management and budget act, 1984 PA 431, MCL 18.1101
to 18.1594.
Sec. 203. As used in this article:
(a) "AFSCME" means American federation of state, county, and
municipal employees.
(b) "ATM" means automated teller machine.
(c) "CDBG" means community development block grants.
(d) "COBRA" means the consolidated omnibus budget
reconciliation act of 1985, Public Law 99-272, 100 Stat. 82.
(e) "CPI" means consumer price index.
(f) "DAG" means the United States department of agriculture.
(g) "DED" means the United States department of education.
(h) "DED-OESE" means the DED office of elementary and
secondary education.
(i) "DED-OPSE" means the DED, office of postsecondary
education.
(j) "DED-OSERS" means the DED office of special education
rehabilitation services.
(k) "DED-OVAE" means the DED office of vocational and adult
education.
(l) "DOE-OEERE" means the United States department of energy,
office of energy efficiency and renewable energy.
(m) "DOI-NPS" means the Untied State department of interior,
national park service.
(n) "DOL-ETA" means the United States department of labor,
employment and training administration.
(o) "DOL-OSHA" means the United States department of labor,
occupational safety and health administration.
(p) "EEOC" means the United States equal employment
opportunity commission.
(q) "EPA" means the United States environmental protection
agency.
(r) "FTE" means full-time equated.
(s) "Fund" means the Michigan strategic fund.
(t) "GEAR-UP" means gaining early awareness and readiness for
undergraduate programs.
(u) "GF/GP" means general fund/general purpose.
(v) "HAVA" means help America vote act.
(w) "HHS" means the United States department of health and
human services.
(x) "HHS-OS" means the HHS office of the secretary.
(y) "HHS-SSA" means the HHS social security administration.
(z) "HUD" means the United States department of housing and
urban development.
(aa) "HUD-CPD" means the United States department of housing
and urban development – community planning and development.
(bb) "IDG" means interdepartmental grant.
(cc) "IDT" means intradepartmental transfer.
(dd) "JCOS" means the joint capital outlay subcommittee.
(ee) "MAIN" means the Michigan administrative information
network.
(ff) "MCL" means the Michigan Compiled Laws.
(gg) "MDCH" means the Michigan department of community health.
(hh) "MDE" means the Michigan department of education.
(ii) "MDELEG" means the Michigan department of energy, labor,
and economic growth or its successor.
(jj) "MDEQ" means the Michigan department of environmental
quality.
(kk) "MDHS" means the Michigan department of human services.
(ll) "MDMVA" means the Michigan department of military and
veterans affairs.
(mm) "MDOC" means the Michigan department of corrections.
(nn) "MDOT" means the Michigan department of transportation.
(oo) "MDSP" means the Michigan department of state police.
(pp) "MDTMB" means the Michigan department of technology,
management, and budget.
(qq) "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.
(rr) "MFA" means the Michigan finance authority.
(ss) "MPE" means the Michigan public employees.
(tt) "MSC" means managerial, supervisory, and confidential.
(uu) "MSHDA" means Michigan state housing development
authority.
(vv) "NERE" means nonexclusively represented employees.
(ww) "NFAH-NEA" means the national foundation of the arts and
the humanities – national endowment for the arts.
(xx) "PA" means public act.
(yy) "PACC" means the prosecuting attorneys coordinating
council.
(zz) "SEIU" means service employees international union.
Sec. 206. (1) The departments and agencies receiving
appropriations in this article shall 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.
(2) Departments and agencies may develop and operate their own
websites to provide this information or may reference the state's
central transparency website as the source for this information.
Sec. 207. Amounts appropriated in part 1 for information
technology may be designated as work project accounts 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. 208. The departments and agencies receiving
appropriations in part 1 shall use the Internet to fulfill the
reporting requirements of this article. 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 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. Pursuant to section 352 of the management and budget
act, 1984 PA 431, MCL 18.1352, which provides for a transfer of
state general funds into or out of the countercyclical budget and
economic stabilization fund, there is appropriated for the fiscal
year ending September 30, 2012, from general fund/general purpose
revenue for deposit into the countercyclical budget and economic
stabilization fund the sum of $255,800,000.00. The calculation
required by section 352 of the management and budget act, 1984 PA
431, MCL 18.1352, is determined as follows:
2010 2011
Michigan personal income (millions)....... $351,830 $369,070
less: transfer payments.............. 81,535 81,943
Subtotal............................. $270,295 $287,127
Divided by: Detroit CPI for 12 months
ending June 30....................... 2.045 2.062
Equals: real adjusted Michigan personal
income............................... $132,157 $139,273
Percentage change ........................ 5.4%
Percentage change greater than 2% ........ 3.4%
Multiplied by: estimated GF/GP revenue in
fiscal year 2010-2011 (millions)..... 7,524.1
Equals: countercyclical budget and
economic stabilization fund payin
calculation for the fiscal year ending
September 30, 2012 (millions)........ $255.8
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. From the funds appropriated in part 1 for
information technology, departments and agencies shall pay user
fees to the department of technology, management, and budget for
technology-related services and projects. Such user fees shall be
subject to provisions of an interagency agreement between the
departments and agencies and the department of technology,
management, and budget.
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) Due to the current budgetary problems in this
state, out-of-state travel shall be limited to situations in which
1 or more of the following conditions apply:
(a) The travel is required by legal mandate or court order or
for law enforcement purposes.
(b) The travel is necessary to protect the health or safety of
Michigan citizens or visitors or to assist other states in similar
circumstances.
(c) The travel is necessary to produce budgetary savings or to
increase state revenues, including protecting existing federal
funds or securing additional federal funds.
(d) The travel is necessary to comply with federal
requirements.
(e) The travel is necessary to secure specialized training for
staff that is not available within this state.
(f) The travel is financed entirely by federal or nonstate
funds.
(2) If out-of-state travel is necessary but does not meet 1 or
more of the conditions in subsection (1), the state budget director
may grant exceptions to allow the travel. Any exceptions granted by
the state budget director shall be reported on a quarterly basis to
the senate and house of representatives standing committees on
appropriations.
Sec. 217. General fund appropriations in this article shall
not be expended for items in cases where federal funding is
available for the same expenditures.
Sec. 220. Funds appropriated in this article shall not be used
to administer a committee or to solicit or obtain contributions for
a committee. As used in this section, "committee" means that term
as defined in section 3 of the Michigan campaign finance act, 1976
PA 388, MCL 169.203.
Sec. 221. (1) Each department shall report no later than April
1 on each specific policy change made to implement a public act
affecting the department that took effect during the prior calendar
year to the senate and house of representatives standing committees
on appropriations subcommittees on general government, the joint
committee on administrative rules, and the senate and house fiscal
agencies.
(2) Funds appropriated in part 1 shall not be used by a
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. 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 this article shall provide the state budget
director, the chairs of the senate and house of representatives
standing committees on appropriations, 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, 2011 and
September 30, 2012.
Sec. 228. Not later than November 15, each department or
agency receiving appropriations in part 1 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 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.
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 this article 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 this article 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 this
article 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 this
article 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 or settlements, attorney fees, and litigation expenses
not including salaries and support 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 $497,900.00 on activities
related to the state correctional facilities 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 this article 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 $500,000.00 for private
contingency funds. These funds are not available for expenditure
until they have been transferred to another line item in this
article 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.
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.
If the funding is available, $51,000.00 shall be paid as annual
dues to the national conference of commissioners on uniform state
laws.
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.
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,
2016.
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, 2016.
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.
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.
Sec. 624. Not later than December 31, 2011, the auditor
general, in conjunction with the office of the state budget, shall
submit a report regarding the feasibility of converting to a
statewide single audit. The report shall be submitted to the senate
and the house of representatives appropriation subcommittees on
general government and the senate and house fiscal agencies. The
report shall include an estimate of the cost savings or increase
that would result from converting to a statewide single audit, an
analysis of required statutory changes, the impact on legislative
oversight, organizational changes necessary to provide centralized
coordination, billing and funding structure changes, corrective
action for known internal control weaknesses and prior single audit
findings, and a recommendation regarding implementation of a
statewide single audit.
Sec. 625. (1) In addition to amounts appropriated in part 1
for auditor general operations, there is appropriated for the
fiscal year ending September 30, 2012 an amount not to exceed
$905,000.00 from the unexpended and unencumbered balance of fiscal
year 2010-2011 appropriations for the office of the auditor
general.
(2) The funds appropriated in subsection (1) shall be made
immediately available in fiscal year 2011-2012 and shall only be
expended for the payment of the net economic cost increases of the
legislative auditor general for fiscal year 2011-2012 as computed
by the state budget office.
(3) Funds appropriated in subsection (1) that exceed the net
economic cost increases of the legislative auditor general for
fiscal year 2011-2012 as computed by the state budget office shall
lapse to the general fund.
(4) Any unexpended and unencumbered balances at the end of
fiscal year 2010-2011 that resulted from the legislative auditor
general not completing mandated financial audits during fiscal year
2010-2011 shall not be appropriated in subsection (1).
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 this article 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 this article 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 this
article 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 this
article under section 393(2) of the management and budget act, 1984
PA 431, MCL 18.1393.
Sec. 702. All funds made available by section 3171 of the
insurance code of 1956, 1956 PA 218, MCL 500.3171, are appropriated
and made available to the department of state to be expended only
for the uses and purposes for which the funds are received as
provided by sections 3171 to 3177 of the insurance code of 1956,
1956 PA 218, MCL 500.3171 to 500.3177.
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 $7.00 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 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, in addition to the
amount appropriated in part 1 to the department of state, shall
remain in the transportation administration collection fund and be
available for future appropriation.
Sec. 711. (1) 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.
(2) Funds or revenues in the Olympic education training center
fund are appropriated for distribution to the Olympic education
training center at Northern Michigan University. Distributions
shall occur on a quarterly basis. Any undistributed revenue
remaining at the end of the fiscal year shall be carried over into
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. At least 180 days before closing 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.
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. 719. From the funds appropriated in part 1 for the
department of state, the department shall first use restricted
funding for expenditures, when available for that purpose, before
using general fund dollars.
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 this article 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 this article 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 this
article 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 this
article 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.
(5) The department of technology, management, and budget may
not expend funds for the purchase of new office furniture for
principal executive departments and state agencies, the legislative
branch, or the judicial branch without first examining the
possibility of using existing inventory that can be reused or
refurbished. The department of technology, management, and budget
may utilize its existing refurbished open space office furniture,
lateral files, design and installation services statewide contract
to work with a vendor that specializes in inventory management and
product reutilization and that is not a seller of new furniture to
the state of Michigan to supplement any additional office furniture
needs.
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 vehicle 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 $2.27 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.
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. 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. The department shall submit a report regarding the
feasibility of privatizing the administration of the state lottery.
The report shall include an estimate of the cost savings or
increase that would result from privatizing the administration of
the state lottery, an analysis of required statutory changes, and
any other issues that need to be addressed. The report shall be
submitted to the senate and house of representatives appropriations
subcommittees on general government, the senate and house fiscal
agencies, and the state budget office. The report shall be
submitted not later than April 1.
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.
(4) By April 1, the department of technology, management, and
budget shall report to the senate and house of representatives
standing committees on appropriations and the senate and house
fiscal agencies that a statement of the total revenue received from
the sale of paid advertising accepted under this section and a
statement of the total number of advertising transactions are
available on the department's website.
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 article, "information technology
services" means services involving all aspects of managing and
processing information, including, but not limited to, all of the
following:
(a) Application development and maintenance.
(b) Desktop computer support and management.
(c) Mainframe computer support and management.
(d) Server support and management.
(e) Local area network support and management, including, but
not limited to, wireless networking.
(f) Information technology project management.
(g) Information technology planning and budget management.
(h) Telecommunication services, security, 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 may 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. 832. The department shall provide a report that
calculates the total amount of funds expended for the child support
enforcement system 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 federal government for penalties. The report shall be
submitted to the senate and house of representatives standing
committees on government operations, the senate and house of
representatives standing committees on appropriations subcommittees
on general government, and the senate and house fiscal agencies by
January 1.
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 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 area appropriated for all expenses necessary
to provide the required services. These funds are available for
expenditure when they are received and may be carried forward into
the next succeeding fiscal year.
STATE BUILDING AUTHORITY
Sec. 840. (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 concurrent resolution that is effective for the fiscal
year ending September 30, 2012. 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 legislative concurrent
resolution 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 and approved by the JCOS.
Sec. 841. (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. 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.
Sec. 843. The state building authority shall provide to the
JCOS, state budget director, 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.
CIVIL SERVICE
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 fiscal year 2011. 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
article 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 article, 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. 863. (1) The director of the department of technology,
management, and budget shall allocate lump-sum appropriations made
in this article 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. 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 of technology, management, and budget. 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).
CAPITAL OUTLAY - UNIVERSITIES AND COMMUNITY COLLEGES
Sec. 870. A statement of a proposed facility's operating cost
shall be included with the facility's program statement and
planning documents when the plans are presented to JCOS for
approval.
Sec. 871. (1) Before proceeding with final planning and
construction for projects at community colleges and universities
included in an appropriations act, the community college or
university shall sign an agreement with the department that
includes the following provisions:
(a) The university or community college agrees to construct
the project within the total authorized cost established by the
legislature pursuant to the management and budget act, 1984 PA 431,
MCL 18.1101 to 18.1594, and an appropriations act.
(b) The design and program scope of the project shall not
deviate from the design and program scope represented in the
program statement and preliminary planning documents approved by
the department.
(c) Any other items as identified by the department that are
necessary to complete the project.
(2) The department retains the authority and responsibility
normally associated with the prudent maintenance of the public's
financial and policy interests relative to the state-financed
construction projects managed by a community college or university.
Sec. 872. A state agency, community college, or university
shall take steps necessary to make available federal and other
money indicated in this article, to make available federal or other
money that may become available for the purposes for which
appropriations are made in this article, and to use any part or all
of the appropriations to meet matching requirements that are
considered to be in the best interest of this state. However, the
purpose, scope, and total estimated cost of a project shall not be
altered to meet the matching requirements. Any federal matching
revenues received to support the construction of the project shall
be applied to the total authorized project cost, with the state and
community college or university financing shares proportionately
adjusted.
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 article 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
article and has matched the amounts appropriated as required by
this article. 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
article 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 article is
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 article 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 article, 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.
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 this article 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 this article 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 this
article 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 this
article 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. 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) The appropriation in part 1 to the department of treasury,
for state compliance audits, shall be used to cover the cost of the
state audits performed by independent certified public accountants
or department of treasury auditors. The scope of the state audit
shall be defined by the state treasurer. The state audits shall be
performed by independent certified public accountants contracted
with by the state treasurer or by department of treasury auditors,
if the county has agreed to contract with and pay the department
for their financial single audit.
(3) The state audits shall be performed for the most current
county fiscal year in conjunction with the financial single audit.
The state audit may be performed either by certified public
accountants contracted by the state treasurer or department of
treasury staff, independent of the financial single audit, if a
state audit has not been performed within the last 3 years.
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 an examination fee of $50.00, an initial certification
fee of $50.00, an annual renewal fee of $75.00 for levels 1 and 2,
and $125.00 for levels 3 and 4 to offset the cost of administering
the certification and training program. 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 2010. 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. 922. The department of treasury 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, the senate and
house fiscal agencies, and the state budget director by November 30
stating the amount of Michigan transportation fund revenue
collected and the cost of collection. The cost of collection may be
determined by proration of costs in fiscal year 2011-2012 only. Not
later than April 1, 2012, the department of treasury shall provide
an analysis of the actual costs of tax administration in order to
justify continuation of the proration approach.
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. 925. (1) A public-private partnership investment fund is
created in the department of treasury. 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 treasurer and 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) The department of treasury shall monitor the revenue
deposited in the public-private partnership investment fund created
in (1). If the revenue in the fund is insufficient to pay the
amount appropriated in part 1 for public-private partnership
investment, then treasury shall propose a legislative transfer to
fund the line from the appropriations in part 1.
Sec. 925a. 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. 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 $282,100.00.
(d) The tentative completion date is September 30, 2013.
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,
2012 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 also shall include a listing of reimbursement of
revenue, if any. The report shall cover the 2010-2011 fiscal year.
Sec. 943. (1) The appropriation in part 1 for tobacco tax
enforcement shall be used for, but not limited to, the following:
(a) Costs associated with a new stamp indicia.
(b) Reimbursement to licensed cigarette stamping agents for
costs associated with the new stamp, to include machines acceptable
to licensed cigarette stamping agents and to the department of
treasury.
(c) Scanners.
(2) The department of treasury shall work cooperatively with
the Michigan state police to improve tobacco tax enforcement.
(3) The department of treasury shall submit a report on the
proposed use of the funds appropriated in part 1 for tobacco tax
enforcement. The report shall be submitted by November 1 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. 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.
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) From the funds appropriated in part 1 and in
section 1201(2) to the economic vitality incentive program,
$5,000,000.00 is to be used for assistance grants to cities,
villages, townships, and counties to offset the costs associated
with mergers, interlocal agreements, and cooperative efforts for
those cities, villages, townships, and counties that elect to
combine government operations. Grant funding shall be available for
mergers, interlocal agreements, and cooperative efforts that occur
on or after October 1, 2011. The department of treasury shall
develop an application process and method of grant distribution.
(2) From the funds appropriated in part 1 and in section
1201(2) to the economic vitality incentive program, $210,000,000.00
is to be used for grants to cities, villages, and townships such
that, subject to fulfilling the requirements under subsection (3)
(a), (b), or (c), each city, village, or township that received a
payment under section 950(2), 2009 PA 128, greater than $4,500.00
will be eligible to receive a maximum of 67.837363% of its total
payment received under section 950(2), 2009 PA 128, rounded to the
nearest dollar. For the purposes of this subsection, 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), 2009 PA 128.
(3) Cities, villages, and townships eligible to receive a
potential payment from the allocation under subsection (2) may
qualify to receive economic vitality incentive program payments
under 1 or more of the following 3 categories:
(a) Category 1, accountability and transparency, requires each
eligible city, village, or township to certify that by October 1,
2011, it has produced, and has made readily available to the
public, a citizen's guide and a performance dashboard of its local
finances, including a recognition of its unfunded liabilities. Each
city, village, and township applying for a payment under this
category shall submit a copy of the citizen's guide and a copy of
the performance dashboard to the department of treasury by October
1, 2011.
(b) Category 2, consolidation of services, requires each
eligible city, village, or township to certify that by January 1,
2012, it has a plan with 1 or more proposals to increase its
existing level of cooperation, collaboration, and consolidation,
either within the jurisdiction or with other jurisdictions. A plan
shall include a listing of any previous services consolidated with
the cost savings realized from each consolidation and an estimate
of the potential savings for any new service consolidations being
planned. A plan shall be made readily available to the public. Each
city, village, and township applying for a payment under this
subdivision shall submit a copy of the cooperation, collaboration,
and consolidation plan to the department of treasury by January 1,
2012.
(c) Category 3, employee compensation, requires each eligible
city, village, or township to certify that by May 1, 2012, it has
developed and publicized an employee compensation plan that the
city, village, or township intends to implement with any new,
modified, or extended contract or employment agreements for
employees not covered under contract or employment agreement. The
employee compensation plan that each city, village, or township
plans to achieve shall be made available for public viewing in the
city, village, or township clerk's office or posted on a publicly
accessible Internet site and must be submitted to the department of
treasury by May 1, 2012. At a minimum, the employee compensation
plan shall include the following:
(i) New hires who are eligible for retirement plans are placed
on retirement plans that cap annual employer contributions at 10%
of base salary for employees who are eligible for social security
benefits. For employees who are not eligible for social security
benefits, the annual employer contribution is capped at 16.2% of
base salary.
(ii) For defined benefit pension plans, a maximum multiplier of
1.5% for all employees who are eligible for social security
benefits, except, where postemployment health care is not provided,
the maximum multiplier shall be 2.25%. For all employees who are
not eligible for social security benefits, a maximum multiplier of
2.25%, except, where postemployment health care is not provided,
the maximum multiplier shall be 3.0%.
(iii) For defined benefit pension plans, final average
compensation for all employees is calculated using a minimum of 3
years of compensation and shall not include more than a total of
240 hours of paid leave. Overtime hours shall not be used in
computing the final average compensation for an employee.
(iv) Health care premium costs for new hires shall include a
minimum employee share of 20%; or, an employer's share of the local
health care plan costs shall be cost competitive with the new state
preferred provider organization health plan, on a per-employee
basis.
(4) Economic vitality incentive program payments are subject
to the following conditions:
(a) In order for a city, village, or township to qualify for a
category under subsection (3)(a), (b), or (c), the city, village,
or township 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 and performance dashboard; cooperation, collaboration, and
consolidation plan; or the employee compensation plan as required
by subsection (3)(a), (b), or (c), respectively. A department of
treasury review of the citizen's guide, dashboard, or plan is not
required in order for a city, village, or township to receive a
payment under subsection (2). The department shall develop a
certification process and method for cities, villages, and
townships to follow.
(b) For each category that a city, village, or township
qualifies for in subsection (3), the city, village, or township
shall receive 1/3 of its potential economic vitality incentive
program payment amount calculated in subsection (2).
(c) Payments under this section shall be issued to cities,
villages, and townships for each category in subsection (3) until
the specified due date for the category. After the specified due
date for the category, payments shall be made to a city, village,
or township only if that city, village, or township has complied
with subdivision (a).
(d) If a city, village, or township does not provide the
required certification or fails to submit the required citizen's
guide and performance dashboard; cooperation, collaboration, and
consolidation plan; and the employee compensation plan by the first
day of a payment month, the city, village, or township shall
forfeit the payment in that payment month for the uncertified
category in subsection (3).
(e) Any local unit that falsifies certification documents
shall forfeit any future economic vitality incentive program
payments and shall repay this state all economic vitality incentive
program payments it has received.
(f) Payments under this section shall be distributed on the
last business day of October, December, February, April, June, and
August.
(g) Payments distributed under this section may be withheld
pursuant to sections 17a and 21 of the Glenn Steil state revenue
sharing act of 1971, 1971 PA 140, MCL 141.917a and 141.921.
(5) The unexpended funds appropriated in this section for the
economic vitality 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 continue to be
available for expenditure for projects under subsection (1) 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 subsection (1).
(b) The projects will be accomplished by grants to qualified
governmental units.
(c) The total estimated cost of all projects is
$215,000,000.00.
(d) The tentative completion date is September 30, 2016.
Sec. 955. (1) The funds appropriated in part 1 and section
1201(2) 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 lottery
revenues the amount necessary for, and directly related to,
implementing and operating lottery games. Appropriations under this
section shall only be expended 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, 2012 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.
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. 983. In addition to the amounts appropriated in part 1
for the administration of the land bank fast track authority, the
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. 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.
MICHIGAN STRATEGIC FUND
Sec. 1001. (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 this article under section 393(2) of the management and budget
act, 1984 PA 431, MCL 18.1393.
(2) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $1,000,000.00 for state
restricted contingency funds. These funds are not available for
expenditure until they have been transferred to another line item
in this article 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 $700,000.00 for private
contingency funds. These funds are not available for expenditure
until they have been transferred to another line item in this
article 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.
Sec. 1006. The fund shall submit on February 15 to the
subcommittees, the state budget office, and the fiscal agencies a
listing of all grants which have been awarded by the fund or by the
Michigan economic development corporation from the funds
appropriated in part 1. The list shall include all of the
following:
(a) The name of the recipient.
(b) The amount awarded to the recipient.
(c) The purpose of the grant.
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 Michigan economic development
corporation grants and investment programs financed from the fund
using investment or Indian gaming revenues. The report shall
provide a list of individual grants and loans made from the fund.
The report shall 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, and any web-based
products that were created with these funds.
(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) Any other programs of the fund.
(2) The reports in subsection (1) shall be submitted by
January 15. The report for each program in subsection (1)(a)
through (i) 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 Michigan economic development corporation
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 Michigan economic development corporation, 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.
Sec. 1011. (1) From the general fund/general purpose
appropriations in part 1 to the fund and granted or transferred to
the Michigan economic development corporation, 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 article.
Sec. 1012. (1) As a condition of receiving funds under part 1,
the fund shall ensure that the MEDC and the fund comply with all of
the following:
(a) The freedom of information act, 1976 PA 442, MCL 15.231 to
15.246.
(b) The open meetings act, 1976 PA 267, MCL 15.261 to 15.275.
(c) Annual audits of all financial records by the auditor
general or his or her designee.
(d) All reports required by law to be submitted to the
legislature.
(2) If the MEDC is unable for any reason to perform duties
under this article, the fund may exercise those duties.
Sec. 1013. As a condition for receiving the appropriations in
part 1, any staff of the Michigan economic development corporation
involved in private fund-raising activities shall not be party to
any decisions regarding the awarding of grants or tax abatements
from the fund, the Michigan economic development corporation, 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. 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. 1021. The unexpended portion of funds appropriated in
2007 PA 127 for the jobs for Michigan investment program 21st
century jobs fund is appropriated for the same purposes as
originally appropriated and is available until September 30, 2016.
The project shall be completed through the use of staff, awards,
and contracts and shall not exceed $5,500,000.00.
Sec. 1023. The fund shall coordinate tourism promotion with
the tourism industry. The fund shall submit a report by July 1 to
the senate and house of representatives standing committees on
appropriations subcommittees on general government and the senate
and house fiscal agencies on the geographical locations and
recreational activities used in Michigan tourism promotional
material.
Sec. 1024. From the funds appropriated in part 1 and in
section 1201(1) for business attraction and economic gardening, not
less than $20,000,000.00 shall be granted by the Michigan strategic
fund board for brownfield redevelopment incentives and historic
preservation incentives.
Sec. 1031. The Michigan strategic 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, 2012 on the spending plan for the
line items for innovation and entrepreneurship and business
attraction and economic gardening.
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 Michigan
strategic 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 section 367 of
the income tax act of 1967, 1967 PA 281, MCL 206.367.
(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.
(2) The report shall include all of the following information:
(a) For each tax credit, the number of contracts signed, the
projected expenditures qualifying for the credit, and the estimated
value of the credits. For loans, the number of loans made under
each section, the interest rate of those loans, the loan amount,
the percent of the projected budget of each production financed by
those loans, and the estimated interest earnings from the loan.
(b) For credits authorized under section 455 of the Michigan
business tax act, 2007 PA 36, 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 and loan incentives
listed in subsection (1), a breakdown for each project or
production showing each of the following:
(i) The number of temporary jobs created.
(ii) The number of permanent jobs created.
(iii) The number of persons employed in Michigan as a result of
the incentive, on a full-time equated basis.
(3) For any information not included in the report due to the
provisions of sections 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
sections 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. 1034. (1) A portion of the funds appropriated in part 1
for innovation and entrepreneurship shall be used to fund business
incubators and accelerators. The Michigan strategic fund shall
award a grant to 1 high-performance business incubator or
accelerator in each of the following governmental units:
(a) Houghton County.
(b) Kent County.
(c) Macomb County.
(d) Oakland County.
(e) Washtenaw County.
(f) A city with a population greater than 650,000.
(g) A Midland County satellite site of an incubator located in
Isabella County.
(2) Grant funding awarded under this section may be used to
fund satellite locations, as determined by the Michigan strategic
fund.
(3) Eligible recipients for these awards must have been
operational on October 1, 2010 and operating continuously since
that date.
(4) Awards shall not be less than $500,000.00 per selected
business incubator or accelerator. No recipient shall receive more
than $2,000,000.00 under this section. No unit of local government
listed in subsection (1) shall receive more than 1 award.
(5) Applicants shall submit a comprehensive business plan to
the Michigan strategic fund that demonstrates the sustainability of
the organization.
(6) Awards shall be announced by December 31, 2011.
(7) Each recipient business incubator or accelerator shall
develop 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
Michigan economic development corporation. 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 Michigan strategic fund by March 1. The Michigan
strategic fund shall transmit the local reports to the senate and
house of representatives appropriations subcommittees on general
government, the senate and house fiscal agencies, and the state
budget office by March 15.
Sec. 1035. (1) From the appropriation in part 1, the Michigan
council for arts and cultural affairs shall administer an arts and
cultural grant program that maintains an equitable geographic
distribution of funding and utilizes past arts and cultural grant
programs as a guideline for administering this program. The council
shall do all of the following:
(a) On or before October 1, the fund shall publish proposed
application criteria, instructions, and forms for use by eligible
applicants. The fund shall provide at least a 2-week period for
public comment before finalizing the application criteria,
instructions, and forms.
(b) A nonrefundable application fee may be assessed for each
application. Application fees shall be deposited in the council for
the arts fund and are appropriated for expenses necessary to
administer the programs. These funds are available for expenditure
when they are received and may be carried forward to the following
fiscal year.
(c) Grants are to be made to public and private arts and
cultural entities.
(d) Within 1 business day after the award announcements, the
council shall provide to each member of the legislature and the
fiscal agencies a list of all grant recipients and the total award
given to each recipient, sorted by county.
(2) Up to $100,000.00 from the appropriation in part 1 for
arts and cultural program may be used for the administration of
this grant program.
MICHIGAN STRATEGIC FUND – CAREER EDUCATION
Sec. 1050. The fund shall publish the "activities
classification structure data book" for Michigan community colleges
on or before March 1.
Sec. 1051. 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 February 15.
Sec. 1052. The fund shall compile information received from
community colleges on the number and types of associate degrees and
other certificates awarded during the previous fiscal year and
shall submit this compilation to the house and senate
appropriations subcommittees on community colleges, the fiscal
agencies, and the state budget director by January 15.
Sec. 1053. From the funds appropriated in part 1, the fund
shall allocate an amount not to exceed $680,100.00 for the Detroit
precollege engineering program and the Grand Rapids area precollege
engineering program, which were appropriated funds under 2005 PA
156.
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 jobs, education, and
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. 1061. State and federal funds allocated to local
workforce development boards for disbursement shall not be expended
unless the local workforce development boards maintain a
partnership with governmental agencies, public school districts,
and public colleges located within the local service delivery area.
Each board shall appoint an education advisory group made up of
high-level administrators within local educational institutions,
workforce development board members, other employers, labor,
academic educators, parents of public school pupils, and, at the
board's discretion, representatives of organizations that provide
school-based curriculum and youth programs focusing on
entrepreneurship, work-readiness skills, and financial literacy.
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 January 15 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. 1064. Of the funds appropriated in part 1 for workforce
training programs, up to $200,000.00 shall be allocated for grants
to 2 work force development programs, meeting the following
criteria:
(a) Up to $100,000.00 shall be allocated to 1 nonprofit
organization to expand an existing innovative, employer-led,
public/private workforce development program. Grant funds may be
used for program operating expenses such as staffing, rent,
equipment, and other expenses. To be eligible for funding under
this subdivision, a program must meet the following criteria:
(i) Provide program participants with early intervention
services that promote employment stabilization and alleviate
barriers to job attainment, retention, or advancement, including
assistance with transportation, language barriers, childcare,
housing, and facilitating access to services available through
public agencies and community-based organizations.
(ii) Provide program participants with training in basic job
skills, basic life skills, and career exploration.
(iii) Provide program participants with opportunities for
advancement within the network of partnering employers by
facilitating incumbent worker training programs.
(iv) Demonstrate a quantifiable return on investment for
participating employers, as evidenced by costs savings achieved
through pooled training/workforce development activities, and
increases in employee retention, attendance, satisfaction, and
productivity.
(v) Have a regional impact across more than 3 counties.
(b) Up to $100,000.00 shall be allocated to 1 nonprofit
organization to expand an existing workforce development program
operated collaboratively with local businesses and educational
institutions to link unemployed and dislocated workers with new
market industries and to spur the development of small businesses.
To be eligible for funding under this subdivision, a program must
meet the following criteria:
(i) Provide low-wage, unemployed, and dislocated workers
assistance in developing career pathways that provide education and
career options for program participants to meet the workforce needs
of new markets and in-demand occupations.
(ii) Provide educational programs and seminars that provide an
introduction to the values and basic entrepreneurial skills
necessary to successfully start a new business.
(iii) Provide programs that provide business incubation and
support services, including entrepreneurial education and access to
capital.
(iv) Provide program participants with job placement
assistance, including on-the-job training, apprenticeships, and
internships.
Sec. 1065. Local Michigan works! agencies shall utilize a
portion of the funds received under part 1 for services provided by
local libraries that serve as access points, service centers, or
local partners serving high-demand service areas or underserved
areas.
Sec. 1066. It is the intent of the legislature that a portion
of the workforce investment act, statewide activities funds be
allocated to support coordinated efforts between local Michigan
works! agencies and police and sheriff departments to create
programs that offer gang diversion activities and support services
to at-risk youth in Wyoming, Benton Harbor, Saginaw, Mt. Morris
Charter Township, and Detroit.
Sec. 1068. (1) Of the funds appropriated in part 1 for the
workforce training programs, the fund shall provide a report by
December 15 to the house and senate chairs of the subcommittees,
the state budget director, and the fiscal agencies on the status of
the no-worker-left-behind program. The report shall include the
following:
(a) The amount of funding allocated to each Michigan works!
agency and the total funding allocated to the no-worker-left-behind
program statewide by fund source.
(b) The number of participants enrolled in the program by each
Michigan works! agency.
(c) The average duration of training for 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 no-worker-left-behind
training program.
(j) The number of participants who completed a no-worker-left-
behind training program and secured employment in a field related
to their training.
(k) The average wage earned by participants who completed a
no-worker-left-behind training program and secured employment
within 1 year.
(2) Data collection for the report shall be for the period
October 1, 2011 through September 30, 2012.
REVENUE STATEMENT
Sec. 1101. 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 2011-2012
Beginning
Fund Unreserved
Fund Estimated Ending
Balance Revenue Balance
OPERATING FUNDS
General fund/general purpose 0110 313.6 8,802.0 473.4
General fund/special purpose 972.1 20,529.7 321.1
Special Revenue Funds:
Countercyclical budget and
economic stabilization 0111 2.2 0.0 2.2
Game and fish protection 0112 3.9 63.9 1.8
Michigan employment security act
administration 0113 11.8 8.4 15.0
State aeronautics 0114 19.4 119.8 31.5
Michigan veterans' benefit
trust 0115 0.0 5.2 0.0
State trunkline 0116 5.7 1,905.8 (20.5)
Michigan state waterways 0117 1.4 27.4 0.1
Blue Water Bridge 0118 19.3 21.3 20.6
Michigan transportation 0119 0.0 1,853.4 0.0
Comprehensive transportation 0120 0.1 315.4 (66.0)
School aid 0122 0.0 12,711.3 0.0
Game and fish protection trust 0124 6.0 8.7 6.0
State park improvement 0125 6.0 48.6 14.1
Forest development 0126 3.8 29.2 0.0
Michigan civilian conservation
corps endowment 0128 0.0 0.0 0.0
Michigan natural resources
trust 0129 35.8 0.7 24.7
Michigan state parks endowment 0130 4.9 43.8 20.6
Safety education and training 0131 6.1 8.7 6.4
Bottle deposit 0136 0.0 11.7 0.0
State construction code 0138 2.6 7.3 0.0
Children's trust 0139 0.9 2.9 0.7
State casino gaming 0140 0.0 34.3 (2.0)
Michigan nongame fish and
wildlife 0143 0.1 0.3 0.0
Michigan merit award trust 0154 0.0 136.0 0.0
Outdoor recreation legacy 0162 0.4 2.9 0.7
Off-road vehicle account 0163 0.2 3.6 0.1
Snowmobile account 0164 0.7 12.1 0.7
Silicosis dust disease
and logging 0870 2.1 1.7 2.1
Utility consumer representation 0893 3.6 1.1 3.6
TOTALS $1,422.7 $46,717.2 $857.0
ONE-TIME BASIS ONLY
Sec. 1201. (1) For the state fiscal year ending September 30,
2012, there is appropriated from general fund/general purpose
revenue, on a 1-time basis only, $136,250,000.00 for the following
purposes:
DTMB - asbestos abatement, former state police
headquarters........................................... $ 1,250,000
DTMB – other postemployment benefits................... 60,000,000
Michigan strategic fund - film incentive funding....... 25,000,000
Michigan strategic fund - business attraction and economic
gardening.............................................. 50,000,000
(2) For the state fiscal year ending September 30, 2012, there
is appropriated from sales tax revenue, on a 1-time basis only,
$30,000,000.00 for the following purposes:
Treasury – county revenue sharing...................... $ 15,000,000
Treasury – economic vitality incentive program......... 15,000,000
PART 2A
PROVISIONS CONCERNING ANTICIPATED APPROPRIATIONS
FOR FISCAL YEAR 2012-2013
GENERAL SECTIONS
Sec. 1301. It is the intent of the legislature to provide
appropriations for the fiscal year ending on September 30, 2013 for
the line items listed in part 1. The fiscal year 2012-2013
appropriations are anticipated to be the same as those for fiscal
year 2011-2012, 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 2012 consensus revenue estimating
conference.
ARTICLE X
DEPARTMENT OF HUMAN SERVICES
PART 1
LINE-ITEM APPROPRIATIONS
FOR FISCAL YEAR 2011-2012
Sec. 101. Subject to the conditions set forth in this article,
the amounts listed in this part are appropriated for the department
of human services for the fiscal year ending September 30, 2012,
from the funds indicated in this part. The following is a summary
of the appropriations in this part:
DEPARTMENT OF HUMAN SERVICES
APPROPRIATION SUMMARY
Full-time equated classified positions....... 11,576.5
Unclassified positions............................ 6.0
Total full-time equated positions............ 11,582.5
GROSS APPROPRIATION.................................... $ 6,831,704,900
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 1,243,100
ADJUSTED GROSS APPROPRIATION........................... $ 6,830,461,800
Federal revenues:
Federal-other ARRA revenues............................ 549,632,400
Total federal revenues................................. 5,077,418,800
Special revenue funds:
Total private revenues................................. 15,911,100
Total local revenues................................... 27,948,500
Total other state restricted revenues.................. 88,616,500
State general fund/general purpose..................... $ 1,070,934,500
Sec. 102. EXECUTIVE OPERATIONS
Total full-time equated positions............... 667.7
Full-time equated unclassified positions.......... 6.0
Full-time equated classified positions.......... 661.7
Unclassified salaries--6.0 FTE positions............... $ 647,900
Salaries and wages--273.7 FTE positions................ 16,364,200
Contractual services, supplies, and materials.......... 10,192,700
Demonstration projects--9.0 FTE positions.............. 13,950,900
Inspector general salaries and wages--136.0 FTE
positions............................................ 7,531,500
Electronic benefit transfer EBT........................ 13,009,000
Michigan community service commission--15.0 FTE
positions............................................ 12,161,600
AFC, children's welfare and day care
licensure--228.0 FTE positions....................... 25,598,300
State office of administrative hearings and rules...... 5,931,600
GROSS APPROPRIATION.................................... $ 105,387,700
Appropriated from:
Federal revenues:
Total other federal revenues........................... 69,190,800
Special revenue funds:
Total private revenues................................. 8,207,700
Total local revenues................................... 175,000
Total other state restricted revenue................... 25,000
State general fund/general purpose..................... $ 27,789,200
Sec. 103. CHILD SUPPORT ENFORCEMENT
Full-time equated classified positions.......... 192.7
Child support enforcement operations--186.7 FTE
positions............................................ $ 22,470,200
Legal support contracts................................ 138,753,600
Child support incentive payments....................... 32,409,600
State disbursement unit--6.0 FTE positions............. 12,766,100
GROSS APPROPRIATION.................................... $ 206,399,500
Appropriated from:
Federal revenues:
Total federal revenues................................. 181,100,100
Special revenue funds:
Total local revenues................................... 340,000
Total other state restricted revenues.................. 770,000
State general fund/general purpose..................... $ 24,189,400
Sec. 104. COMMUNITY ACTION AND ECONOMIC OPPORTUNITY
Full-time equated classified positions........... 16.0
Bureau of community action and economic
opportunity--16.0 FTE positions...................... $ 1,866,400
Community services block grant......................... 25,840,000
Weatherization assistance.............................. 28,340,000
GROSS APPROPRIATION.................................... $ 56,046,400
Appropriated from:
Federal revenues:
Total federal revenues................................. 56,046,400
State general fund/general purpose..................... $ 0
Sec. 105. ADULT AND FAMILY SERVICES
Full-time equated classified positions........... 43.7
Executive direction and support--4.0 FTE positions..... $ 456,400
Guardian contract...................................... 600,000
Adult services policy and administration--6.0 FTE
positions............................................ 701,600
Office of program policy--33.7 FTE positions........... 5,550,900
Employment and training support services............... 6,407,100
Wage employment verification reporting................. 848,700
Urban and rural empowerment/enterprise zones........... 100
Nutrition education.................................... 30,000,000
Background check program............................... 1,000,000
Elder law of Michigan MiCAFE contract.................. 100,000
GROSS APPROPRIATION.................................... $ 45,664,800
Appropriated from:
Federal revenues:
Total other federal revenues........................... 39,713,300
State general fund/general purpose..................... $ 5,951,500
Sec. 106. CHILDREN'S SERVICES
Full-time equated classified positions.......... 146.8
Salaries and wages--59.2 FTE positions................. $ 3,765,600
Contractual services, supplies, and materials.......... 1,276,500
Interstate compact..................................... 231,600
Children's benefit fund donations...................... 21,000
Families first......................................... 17,950,700
Strong families/safe children--3.0 FTE positions....... 15,072,300
Child protection and permanency--37.5 FTE positions.... 16,264,100
Family reunification program........................... 3,977,100
Family preservation and prevention services
administration--14.5 FTE positions................... 1,228,200
Children's trust fund administration--12.0 FTE
positions............................................ 1,057,200
Children's trust fund grants........................... 2,825,100
ECIC, early childhood investment corporation........... 12,723,000
Attorney general contract.............................. 3,923,200
Prosecuting attorney contracts......................... 2,561,700
Child protection--5.0 FTE positions.................... 862,700
Domestic violence prevention and treatment--14.6 FTE
positions............................................ 14,660,900
Rape prevention and services--0.5 FTE positions........ 3,300,000
Child advocacy centers--0.5 FTE positions.............. 1,000,000
GROSS APPROPRIATION.................................... $ 102,700,900
Appropriated from:
Federal revenues:
Total other federal revenues........................... 90,938,200
Special revenue funds:
Private - children's benefit fund donations............ 21,000
Compulsive gambling prevention fund.................... 1,040,000
Children's trust fund.................................. 2,823,700
Sexual assault victims' prevention and treatment....... 1,000,000
Child advocacy centers fund............................ 1,000,000
State general fund/general purpose..................... $ 5,878,000
Sec. 107. CHILD WELFARE SERVICES
Full-time equated classified positions........ 3,599.0
Children's services administration--64.0 FTE positions. $ 4,715,500
Title IV-E compliance and accountability office--5.0
FTE positions........................................ 432,600
Child welfare institute--40.0 FTE positions............ 5,696,500
Child protective services workers--1,481.0 FTE
positions............................................ 79,228,300
Direct care workers--1,058.0 FTE positions............. 55,111,400
Education planners--14.0 FTE positions................. 736,300
Permanency planning specialists--55.0 FTE positions.... 3,171,000
Child welfare first line supervisors--519.0 FTE
positions............................................ 35,950,600
Administrative support workers--241.0 FTE positions.... 10,438,900
Second line supervisors and technical staff--45.0
FTE positions........................................ 3,230,100
Permanency planning specialists--62.0 FTE positions.... 3,638,300
Child welfare field staff contractual services,
supplies, and materials.............................. 5,432,200
Settlement monitor..................................... 1,625,800
Needs assessment....................................... 4,000,000
Foster care payments................................... 186,112,400
Foster care - children with serious emotional
disturbance waiver................................... 1,769,000
Guardianship assistance program........................ 2,170,000
Child care fund........................................ 205,255,500
Child care fund administration--5.8 FTE positions...... 808,600
Adoption subsidies..................................... 225,783,500
Adoption support services--7.2 FTE positions........... 33,604,300
Youth in transition--2.0 FTE positions................. 12,264,500
GROSS APPROPRIATION.................................... $ 881,175,300
Appropriated from:
Federal revenues:
Total federal revenues................................. 493,207,700
Special revenue funds:
Private - collections.................................. 1,900,000
Local funds - county chargeback........................ 13,388,800
State general fund/general purpose..................... $ 372,678,800
Sec. 108. JUVENILE JUSTICE SERVICES
Full-time equated classified positions.......... 198.7
W.J. Maxey training school--72.0 FTE positions......... $ 11,185,500
Bay pines center--44.0 FTE positions................... 4,900,000
Shawono center--44.0 FTE positions..................... 4,900,000
County juvenile officers............................... 3,904,300
Community support services--2.0 FTE positions.......... 1,600,100
Juvenile justice, administration and
maintenance--31.7 FTE positions...................... 4,236,200
W.J. Maxey memorial fund............................... 45,000
Juvenile accountability block grant--1.0 FTE positions. 1,296,000
Committee on juvenile justice administration--4.0
FTE positions........................................ 425,300
Committee on juvenile justice grants................... 5,000,000
GROSS APPROPRIATION.................................... $ 37,492,400
Appropriated from:
Federal revenues:
Total federal revenues................................. 7,248,800
Special revenue funds:
Total private revenues................................. 45,000
Local funds - state share education funds.............. 1,197,500
Local funds - county chargeback........................ 9,861,500
State general fund/general purpose..................... $ 19,139,600
Sec. 109. LOCAL OFFICE STAFF AND OPERATIONS
Full-time equated classified positions........ 5,937.5
Field staff, salaries and wages--5,695.5 FTE positions. $ 294,203,500
Contractual services, supplies, and materials.......... 11,771,300
Medical/psychiatric evaluations........................ 9,467,600
Donated funds positions--208.0 FTE positions........... 17,445,600
Training and program support--24.0 FTE positions....... 3,429,400
Wayne County gifts and bequests........................ 100,000
Volunteer services and reimbursement................... 1,036,100
SSI advocates--10.0 FTE positions...................... 966,700
GROSS APPROPRIATION.................................... $ 338,420,200
Appropriated from:
Interdepartmental grant revenues:
IDG from department of corrections..................... 100,000
Federal revenues:
Total other federal revenues........................... 211,101,200
Special revenue funds:
Local funds............................................ 2,985,700
Private funds - donated funds.......................... 5,637,400
Private funds - Wayne County gifts..................... 100,000
Supplemental security income recoveries................ 746,100
State general fund/general purpose..................... $ 117,749,800
Sec. 110. DISABILITY DETERMINATION SERVICES
Full-time equated classified positions.......... 747.4
Disability determination operations--721.9 FTE
positions............................................ $ 110,723,100
Medical consultation program--21.4 FTE positions....... 2,840,600
Retirement disability determination--4.1 FTE positions. 847,100
GROSS APPROPRIATION.................................... $ 114,410,800
Appropriated from:
Interdepartmental grant revenues:
IDG from DMB - office of retirement systems............ 1,143,100
ADJUSTED GROSS APPROPRIATION........................... $ 113,267,700
Appropriated from:
Federal revenues:
Total federal revenues................................. 110,491,400
State general fund/general purpose..................... $ 2,776,300
Sec. 111. CENTRAL SUPPORT ACCOUNTS
Rent................................................... $ 47,047,400
Occupancy charge....................................... 8,228,800
Travel................................................. 7,216,400
Equipment.............................................. 227,300
Worker's compensation.................................. 3,363,800
Advisory commissions................................... 17,900
Payroll taxes and fringe benefits...................... 361,295,600
GROSS APPROPRIATION.................................... $ 427,397,200
Appropriated from:
Federal revenues:
Total other federal revenues........................... 275,273,300
State general fund/general purpose..................... $ 152,123,900
Sec. 112. PUBLIC ASSISTANCE
Full-time equated classified positions........... 33.0
Family independence program............................ $ 340,948,600
State disability assistance payments................... 27,927,800
Food assistance program benefits....................... 3,036,402,200
Food assistance program benefits (ARRA)................ 549,632,400
State supplementation.................................. 60,489,000
State supplementation administration................... 2,681,100
Low-income home energy assistance program.............. 116,451,600
Food bank funding...................................... 1,345,000
Homeless programs...................................... 11,646,700
Multicultural integration funding...................... 1,515,500
Chaldean community foundation.......................... 100,000
Indigent burial........................................ 1,000,000
Emergency services local office allocations............ 21,615,500
Licensed and registered child development and care..... 99,312,900
Enrolled child development and care.................... 59,842,800
Day care technology and oversight--26.0 FTE positions.. 2,618,400
Refugee assistance program--7.0 FTE positions.......... 27,910,700
GROSS APPROPRIATION.................................... $ 4,361,440,200
Appropriated from:
Federal revenues:
Federal supplemental nutrition assistance revenues
(ARRA)............................................... 549,632,400
Total other federal revenues........................... 3,437,813,600
Special revenue funds:
Child support collections.............................. 29,145,800
Supplemental security income recoveries................ 14,955,900
Public assistance recoupment revenue................... 7,010,000
Michigan merit award trust fund........................ 30,100,000
State general fund/general purpose..................... $ 292,782,500
Sec. 113. INFORMATION TECHNOLOGY
Information technology services and projects........... $ 109,591,500
Child support automation............................... 45,578,000
GROSS APPROPRIATION.................................... $ 155,169,500
Appropriated from:
Federal revenues:
Total federal revenues................................. 105,294,000
State general fund/general purpose..................... $ 49,875,500
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
FOR FISCAL YEAR 2011-2012
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 2011-2012 is $1,159,551,000.00 and
state spending from state resources to be paid to local units of
government for fiscal year 2011-2012 is $107,003,300.00. The
itemized statement below identifies appropriations from which
spending to local units of government will occur:
DEPARTMENT OF HUMAN SERVICES
Child care fund........................................ $ 97,235,600
County juvenile officers............................... 3,603,900
State disability assistance payments................... 2,286,600
Legal support contracts................................ 3,141,000
Child support enforcement operations................... 583,200
Family independence program............................ 153,000
TOTAL.................................................. $ 107,003,300
Sec. 202. The appropriations authorized under this article are
subject to the management and budget act, 1984 PA 431, MCL 18.1101
to 18.1594.
Sec. 203. As used in this article:
(a) "AFC" means adult foster care.
(b) "ARRA" means the American recovery and reinvestment act of
2009, Public Law 111-5.
(c) "Children's rights settlement agreement" means the
settlement agreement entered in the case of Dwayne B. vs. Granholm,
docket no. 2:06-cv-13548 in the United States district court for
the eastern district of Michigan.
(d) "Current fiscal year" means the fiscal year ending
September 30, 2012.
(e) "Department" means the department of human services.
(f) "Director" means the director of the department of human
services.
(g) "FTE" means full-time equated.
(h) "IDG" means interdepartmental grant.
(i) "JET" means jobs, education, and training program.
(j) "Previous fiscal year" means the fiscal year ending
September 30, 2011.
(k) "SSI" means supplemental security income.
(l) "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.
(m) "Title IV-D" means part D of title IV of the social
security act, 42 USC 651 to 669b.
(n) "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. 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 article.
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 should be given to
goods or services, or both, manufactured or provided by Michigan
businesses, if they are competitively priced and of comparable
quality. In addition, preference should be given to goods or
services, or both, that are manufactured or provided by Michigan
businesses owned and operated by veterans, if they are
competitively priced and of comparable quality.
Sec. 211. Funds appropriated in part 1 shall not be used by a
principal executive department, state agency, or authority to hire
a person to provide legal services that are the responsibility of
the attorney general. This prohibition does not apply to legal
services for bonding activities and for those activities that the
attorney general authorizes.
Sec. 212. (1) In addition to funds appropriated in part 1 for
all programs and services, there is appropriated for write-offs of
accounts receivable, deferrals, and for prior year obligations in
excess of applicable prior year appropriations, an amount equal to
total write-offs and prior year obligations, but not to exceed
amounts available in prior year revenues or current year revenues
that are in excess of the authorized amount.
(2) The department's ability to satisfy appropriation fund
sources in part 1 shall not be limited to collections and accruals
pertaining to services provided in the current fiscal year, but
shall also include reimbursements, refunds, adjustments, and
settlements from prior years.
Sec. 213. The department may retain all of the state's share
of food assistance overissuance collections as an offset to general
fund/general purpose costs. Retained collections shall be applied
against federal funds deductions in all appropriation units where
department costs related to the investigation and recoupment of
food assistance overissuances are incurred. Retained collections in
excess of such costs shall be applied against the federal funds
deducted in the executive operations appropriation unit.
Sec. 214. On a 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 article or the
social welfare act, 1939 PA 280, MCL 400.1 to 400.119b, cannot be
implemented without loss of federal financial participation 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. (1) Due to the current budgetary problems in this
state, out-of-state travel for the fiscal year ending September 30,
2012 shall be limited to situations in which 1 or more of the
following conditions apply:
(a) The travel is required by legal mandate or court order or
for law enforcement purposes.
(b) The travel is necessary to protect the health or safety of
Michigan citizens or visitors or to assist other states in similar
circumstances.
(c) The travel is necessary to produce budgetary savings or to
increase state revenues, including protecting existing federal
funds or securing additional federal funds.
(d) The travel is necessary to comply with federal
requirements.
(e) The travel is necessary to secure specialized training for
staff that is not available within this state.
(f) The travel is financed entirely by federal or nonstate
funds.
(2) If out-of-state travel is necessary but does not meet 1 or
more of the conditions in subsection (1), the state budget director
may grant an exception to allow the travel. Any exceptions granted
by the state budget director shall be reported on a monthly basis
to the senate and house of representatives standing committees on
appropriations.
Sec. 219. (1) The department shall 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.
(2) The department may develop and operate its own website to
provide this information or may reference the state's central
transparency website as the source for this information.
Sec. 220. The department shall ensure that faith-based
organizations are able to apply and compete for services, programs,
or contracts that they are qualified and suitable to fulfill. The
department shall not disqualify faith-based organizations solely on
the basis of the religious nature of their organization or their
guiding principles or statements of faith.
Sec. 221. If the revenue collected by the department from
private and local sources exceeds the amount spent from amounts
appropriated in part 1, the revenue may be carried forward, with
approval from the state budget director, into the subsequent fiscal
year.
Sec. 222. (1) The department shall 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.
(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. 223. 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 when
disability is an eligibility factor. For all other Medicaid
applicants, the department shall make a determination of Medicaid
eligibility not later than 45 days after all information to make
the determination is received from the applicant.
Sec. 224. The department shall approve or deny a Medicaid
application for a patient of a nursing home within 45 days after
the receipt of the necessary information.
Sec. 230 (1) The department shall convene a work group of all
interested parties to evaluate the feasibility of combining the
bureau of child and adult licensing with the contract compliance
unit into 1 unit.
(2) By April 1, 2012, the department shall report to the
senate and house appropriations subcommittees on the department
budget, the senate and house fiscal agencies, and the senate and
house policy offices on the findings of the work group established
in subsection (1).
Sec. 231. If TANF contingency funds for the current fiscal
year become available, the department shall utilize all TANF
contingency funds the state receives to increase the family
independence program earned income disregard or for reform measures
that will fundamentally improve public assistance programs by
emphasizing work. An annual report on the expenditures and programs
paid by these TANF contingency funds shall be provided to the
senate and house appropriations subcommittees on the department
budget, the senate and house fiscal agencies, and the senate and
house policy offices no later than November 1, 2012.
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. 259. From the funds appropriated in part 1 for
information technology, departments and agencies shall pay user
fees to the department of technology, management, and budget for
technology-related services and projects. The user fees shall be
subject to provisions of an interagency agreement between the
department and agencies and the department of technology,
management, and budget.
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 provide the state
budget director, the senate and house appropriations chairs, the
senate and house appropriations subcommittees on 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, 2011 and
September 30, 2012.
Sec. 273. (1) The department shall only use money appropriated
in section 102 to prepare regulatory reform plans. Money
appropriated in part 1 shall not be used to prepare regulatory
reform plans or promulgate rules that exceed statutory authority
granted to the department. If the department fails to comply with
the provisions of section 39(1) of the administrative procedures
act of 1969, 1969 PA 306, MCL 24.239, money shall not be expended
for the further preparation of that regulatory plan or the
promulgation of rules for that regulatory plan.
(2) Money appropriated in part 1 shall not be used to prepare
a regulatory plan or promulgate rules that fail to reduce the
disproportionate economic impact on small businesses as required in
section 40 of the administrative procedures act of 1969, 1969 PA
306, MCL 24.240.
(3) Money appropriated in part 1 shall not be used to prepare
a regulatory plan or promulgate rules that grant preferences to
private providers of services based on whether that private
provider has a collective bargaining agreement with its workers.
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, 2012 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) Child care and development funds.
(c) Title XX social services block grant.
(d) Title IV-B part I child welfare services block grant.
(e) Title IV-B part II promoting safe and stable families
funds.
(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 from all of the
following, but not limited to:
(a) Other departments.
(b) Local units of government.
(c) Private sources.
Sec. 279. (1) All 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) During the annual budget presentation, 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 this article 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 this article 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 this
article 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 this
article under section 393(2) of the management and budget act, 1984
PA 431, MCL 18.1393.
Sec. 292. By November 1, 2011, the department shall submit a
report to the house and senate appropriations subcommittees on the
human services 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,
2011.
Sec. 293. The department may use money from the money
appropriated in part 1 to strengthen marriage and family relations
through the practice of marriage and family therapy for
individuals, families, couples, or groups. The goal of the therapy
shall be strengthening families by helping them avoid, eliminate,
relieve, manage, or resolve marital or family conflict or discord.
Sec. 294. Money appropriated in part 1 for the statewide
automated child welfare information system is contingent upon the
approval of an advanced planning document from the administration
for children and families. If the necessary matching funds are
identified and legislatively transferred to the information and
technology services and projects line item for this purpose, any
corresponding federal revenue required shall be appropriated at a
50% federal match rate. This appropriation may be designated as a
work project under section 451a of the management and budget act,
1984 PA 431, MCL 18.1451a, and carried forward to support
completion of this project.
Sec. 296. Not later than November 15, 2012, the department
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. 298. The department shall work toward a new supervisor-
to-staff ratio in all department divisions and subdivisions,
excluding the supervisor-to-staff ratios required by the children's
rights settlement agreement, of 1 supervisor to 12 staff members.
EXECUTIVE OPERATIONS
Sec. 307. (1) From the money appropriated in part 1 for
demonstration projects, $550,000.00 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) Money 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 money only to
fulfill the Michigan 2-1-1 business plan adopted by Michigan 2-1-1
in January 2005.
(3) Michigan 2-1-1 shall 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. 311. The department shall administer licensing and
regulation of licensees with the highest priority given to
licensing activities that present the highest risk to vulnerable
children or adults receiving services of licensees.
ADULT AND FAMILY SERVICES
Sec. 415. (1) If money becomes available in part 1, the
department may contract with independent contractors from various
counties, including, but not limited to, faith-based and nonprofit
organizations. Preference shall be given to independent contractors
that provide at least 10% in matching funds, through any
combination of local, state, or federal funds or in-kind or other
donations. However, an independent contractor that cannot secure
matching funds shall not be excluded from consideration for the
fatherhood program.
(2) The department may choose providers that will work with
counties to help eligible fathers under TANF guidelines to acquire
skills that will enable them to increase their responsible behavior
toward their children and the mothers of their children. An
increase of financial support for their children should be a very
high priority as well as emotional support.
(3) A fatherhood initiative program established under this
section shall minimally include at least 3 of the following
components: promoting responsible, caring, and effective parenting
through counseling; mentoring and parental education; enhancing the
abilities and commitment of unemployed or low-income fathers to
provide material support for their families and to avoid or leave
welfare programs by assisting them to take advantage of job search
programs, job training, and education to improve their work habits
and work skills; improving fathers' ability to effectively manage
family business affairs by means such as education, counseling, and
mentoring in household matters; infant care; effective
communication and respect; anger management; children's financial
support; and drug-free lifestyle.
(4) The department is authorized to make allocations of TANF
funds, of not more than 20% per county, under this section only to
agencies that report necessary data to the department for the
purpose of meeting TANF eligibility reporting requirements.
(5) Upon receipt of the promotion of responsible fatherhood
funds from the United States department of health and human
services, the department shall use the program criteria set forth
in subsection (3) to implement the program with the federal funds.
Sec. 416. (1) If money becomes available in part 1, the
department may contract with independent contractors from various
counties, including, but not limited to, faith-based and nonprofit
organizations. Preference shall be given to independent contractors
that provide at least 10% in matching funds, through any
combination of local, state, or federal funds or in-kind or other
donations. However, an independent contractor that cannot secure
matching funds shall not be excluded from consideration for a
marriage initiative program.
(2) The department may choose providers to work with counties
that will work to support and strengthen marriages of those
eligible under the TANF guidelines. The areas of work may include,
but are not limited to, marital counseling, domestic violence
counseling, family counseling, effective communication, and anger
management as well as parenting skills to improve the family
structure.
(3) A marriage initiative program established under this
section may include, but is not limited to, 1 or more of the
following: public advertising campaigns on the value of marriage
and the skills needed to increase marital stability and health;
education in high schools on the value of marriage, relationship
skills, and budgeting; premarital, marital, family, and domestic
violence counseling; effective communication; marriage mentoring
programs which use married couples as role models and mentors in
at-risk communities; anger management; and parenting skills to
improve the family structure.
(4) The department is authorized to make allocations of TANF
funds, of not more than 20% per county, under this section only to
agencies that report necessary data to the department for the
purpose of meeting TANF eligibility reporting requirements.
(5) Upon receipt of the healthy marriage promotion grant from
the United States department of health and human services, the
department shall use the program criteria set forth in subsection
(3) to implement the program with the federal funds.
Sec. 423. From the money appropriated in part 1 for elder law
of Michigan MiCAFE contract, the department shall allocate not less
than $100,000.00 to the elder law of Michigan MiCAFE to assist this
state's elderly population to participate in the food assistance
program. The money 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. 425. The department shall implement administrative
efforts, either through policy change or proposed legislation, to
reduce waste, fraud, and abuse within the employment support
services program, including, but not limited to, revisions to
current policy on car repair and car purchase payments.
CHILDREN'S SERVICES
Sec. 501. A goal is established that not more than 35% 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. 505. By March 1, 2012, 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. 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 seek to have the children's trust fund grants distributed no
later than October 31 of the current fiscal year.
Sec. 513. (1) The department shall not expend money
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 a report by February 1 of each
year on the number of children who were placed in out-of-state
facilities during the previous fiscal year, the number of Michigan
children residing in such facilities at the time of the report, the
total cost and average per diem cost of these out-of-state
placements to this state, and a list of each such placement
arranged by the Michigan county of residence for each child.
Sec. 514. The department shall make a comprehensive report
concerning children's protective services (CPS) to the legislature,
including the senate and house policy offices and the state budget
director, by January 1 of the current fiscal year, that shall
include all of the following:
(a) Statistical information including, at a minimum, all of
the following:
(i) The total number of reports of 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. 523. (1) By March 15 of the current fiscal year, the
department shall report on family preservation programs for which
money is appropriated in part 1 to the senate and house
appropriations subcommittees on the department budget. 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. 532. (1) The department, in collaboration with
representatives of private child and family agencies, shall revise
and improve the annual licensing review process and the annual
contract compliance review process for child placing agencies and
child caring institutions. The improvement goals shall be safety
and care for children. Improvements to the review process shall be
directed toward alleviating administrative burdens so that agency
resources may be focused on children. The revision shall include
identification of duplicative staff activities and information
sought from child placing agencies and child caring institutions in
the annual review process. The department shall report to the
senate and house appropriations subcommittees on the department
budget, the senate and house fiscal agencies and policy offices,
and the state budget director on or before January 15 of the
current fiscal year on the findings of the annual licensing review.
(2) The department shall conduct licensing reviews no more
than once every 2 years for child placing agencies and child caring
institutions that are nationally accredited and have no outstanding
violations.
Sec. 533. (1) The department shall make payments to child
placing facilities for out-of-home care services within 30 days of
receiving all necessary documentation from those agencies.
(2) The department shall explore various types of automated
payments to private nonprofit child placing facilities to improve
speed and accuracy of payments.
(3) The department shall provide a report on the activities
under this section by October 1, 2012.
Sec. 536. (1) The department shall place all children within
their own county or within a 75-mile radius of the home from which
the child entered custody, whichever is greater, unless 1 or more
of the following applies:
(a) The child's needs are so exceptional that they cannot be
met by a family or facility within the county or 75-mile radius.
(b) The child needs re-placement and the child's permanency
goal is to be returned to his or her parents who at the time reside
out of the county or 75-mile radius.
(c) The child is to be placed with a relative out of the
county or 75-mile radius.
(d) The child is to be placed in an appropriate preadoptive or
adoptive home that is out of the county or 75-mile radius.
(2) If placement outside the county or 75-mile radius is made,
either of the following applies:
(a) In a "designated county", as defined in section IV.A.3 of
the children's rights settlement agreement, the county
administrator of children's services shall be specifically required
to certify the circumstances supporting the placement in writing,
based on his or her own examination of the circumstances and the
child's needs and best interests.
(b) In any other county, the children's services field manager
shall be specifically required to certify the circumstances
supporting the placement in writing, based on his or her own
examination of the circumstances and the child's needs and best
interests.
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. 539. The department shall work in collaboration with
representatives from child placing agencies to ensure appropriate
placement for children who have been adjudicated abused, neglected,
or delinquent and for whom residential treatment is required. The
department and the representatives from the child placing agencies
shall focus on statewide placement criteria to address the best
interests of the child in need of services. The placement criteria
shall include a continuum of care settings and options as
appropriate for each child and his or her needs at specific times,
including home placements, relative placements, shelter placements,
and other options.
Sec. 546. (1) From the money 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. For specialized independent living
services, the administrative rate paid shall be reduced by 50% of
the difference between the general independent living
administrative rate and the specialized independent living rate
paid in the fiscal year ending September 30, 2009.
Sec. 556. (1) The department shall submit a quarterly report
by February 1, May 1, August 1, and November 1 of each fiscal year
to the chairpersons of the senate and house appropriations
committees, the senate and house fiscal agencies, and the senate
and house policy offices that includes all of the following:
(a) A description of how the department is complying with
federal requirements to notify prospective adoptive parents about
adoption subsidies for which those prospective adoptive parents may
qualify.
(b) The number of requests received by the department from
adoptive parents for money or reimbursement of costs to attend
conferences that include training or discussion of significant
adoption issues, the proportion of these requests approved by the
department, and the total annual expenditure for approved requests.
(c) The number of fair hearing requests from adoptive parents
received by the department challenging the amount of the adoption
subsidy, broken down by the stated reason for the challenge.
(d) The number of adoption subsidy payments suspended when the
child is still in the custody of the adoptive parent, but no longer
in the physical care of the adoptive parent.
(2) From the money appropriated in part 1 for adoption
subsidies, $4,250,000.00 in state general fund/general purpose
revenues shall not be expended until the department provides
proposed legislation to the senate and house standing committees
with primary jurisdiction over matters relating to human services,
the senate and house appropriations subcommittees on the department
budget, senate and house fiscal agencies, and senate and house
policy offices that would allow adoptive parents up to 1 year after
an adoption has been finalized to submit a request to revise the
determination of care supplement for an adopted child who has
previously existing special needs or request a new determination.
(3) The department shall provide an annual report to the
subcommittees of the senate and house appropriation 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. 570. From the money appropriated in part 1 for the
guardianship assistance program, the department shall provide
assistance under this program to children who are eligible under
section 3 of the guardianship assistance act, 2008 PA 260, MCL
722.873.
Sec. 574. (1) From the money appropriated in part 1 for foster
care payments, $2,500,000.00 is allocated to support 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.
(2) From the money 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. 578. The department and child placing agencies shall
utilize a standardized assessment tool to ensure greater
cooperation between the department and the department of community
health and to measure the mental health treatment needs of every
child supervised by the department. The department shall use the
results of this assessment process to determine the best placement
and the best mental health services to be provided for the child
while under department supervision.
Sec. 580. The department and the department of community
health shall initiate efforts to identify mental health programs
and activities where the services of the 2 departments overlap, or
are uncoordinated. The goal shall be to provide adequate and stable
mental health services which address the need of the individual
child without duplicative, confusing, or needlessly complex
services. The department shall report on these coordination efforts
with the department of community health during the annual budget
presentations to the senate and house appropriations subcommittees
with jurisdiction over the department budget.
Sec. 583. By February 1 of the current fiscal year, the
department, in conjunction with the legislature, shall carry out a
work group to determine what caused individuals participating as
foster parents during the previous fiscal year to drop out of the
program. 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
detailing the work group findings as well as the number of
individuals participating as foster parents during the previous
fiscal year who dropped out of the program.
Sec. 585. (1) The department shall allow private nationally
accredited foster care and adoption agencies to conduct their own
staff training, based on current department policies and
procedures, provided that the agency trainer and training materials
are accredited by the department and that the agency documents to
the department that the training was provided. The department shall
provide access to any training materials requested by the private
agencies to facilitate this training.
(2) By November 1, 2012, the department shall post on the
department's website a list of all relevant departmental training
materials available to private child placing agencies that are
allowed to conduct their own training in accordance with this
section. The department shall also provide to private child placing
agencies that are allowed to conduct their own training any updated
training materials as they become available.
Sec. 588. (1) Concurrent 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 monthly 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. From the money appropriated in part 1 to facilitate
the transfer of foster care cases currently under department
supervision from department supervision to private child placing
agency supervision, the department shall not transfer any foster
care cases that require a county contribution to the private agency
administrative rate.
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. (1) The department, as it determines is appropriate,
shall enter into agreements with energy providers by which cash
assistance recipients and the energy providers agree to permit the
department to make direct payments to the energy providers on
behalf of the recipient. The payments may include heat and electric
payment requirements from recipient grants and amounts in excess of
the payment requirements.
(2) The department shall establish caps for natural gas, wood,
electric heat service, deliverable fuel heat services, and for
electric service based on available federal funds.
(3) The department shall review and adjust the standard
utility allowance for the state food assistance program to ensure
that it reflects current energy costs in the state.
(4) Payments under this section shall be made directly to
service providers and not to the individuals who are receiving the
assistance.
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.
(4) A refugee or asylee who loses his or her eligibility for
the federal supplemental security income program by virtue of
exceeding the maximum time limit for eligibility as delineated in 8
USC 1612 and who otherwise meets the eligibility criteria under
this section shall be eligible to receive benefits under the state
disability assistance 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. 613. The department shall provide reimbursements for the
final disposition of indigent persons if the deceased's remains
have not been claimed by a person having the right to control the
disposition of the body regardless of whether there is no person
with that right, the person cannot be located, or the person fails
or refuses to exercise that right. The maximum allowable
reimbursement for the final disposition shall be $800.00. 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 be used for disposal by cremation unless the deceased's
expressed religious preference prohibits cremation.
Sec. 614. The funds available in part 1 for burial services
shall be available if the deceased was an eligible recipient and an
application for emergency relief funds was made within 10 business
days of the burial or cremation of the deceased person. Each
provider of burial services shall be paid directly by the
department.
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. 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. The department shall establish a work group to
explore if privatization of Medicaid eligibility determination
would lead to increased efficiencies and budgetary savings. The
work group shall include, but not be limited to, the department and
members of the legislature.
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. 644. The department shall prioritize the money
appropriated in part 1 for homeless programs to support regional
homeless shelters that offer wraparound services in cases where
shelters have a lower cost per night than an alternative emergency
shelter.
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. 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 up to $2,880,000.00
for the annual clothing allowance. The allowance shall be granted
to all eligible children in a family independence program group
that does not include an adult.
Sec. 670. By March 1 of the current fiscal year, the
department shall submit a report to the house and senate
subcommittees on the department budget and house and senate fiscal
agencies and policy offices regarding child development and care
program activities in the previous fiscal year. The report shall
include the following:
(a) The amount of child care payments made by the parents for
child care charges, by provider type, not paid by the department's
child development and care subsidy.
(b) The number of enrolled child care providers with a
reported annual household income of $15,000.00 or less.
(c) The number of enrolled child care providers with a
reported annual household income of more than $15,000.00 but not
more than $25,000.00.
(d) The number of enrolled child care providers with a
reported annual household income of more than $25,000.00 but not
more than $35,000.00.
(e) The number of enrolled child care providers with a
reported annual household income of more than $35,000.00.
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 May 1 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.
(2) As used in this section, "inappropriate use" means not
used to meet a family's ongoing basic needs, including food,
clothing, shelter, utilities, household goods, personal care items,
and general incidentals.
Sec. 673. (1) The department shall immediately send
notification to a client participating in the state child
development and care program and his or her child care provider if
the client's eligibility is reduced or eliminated.
(2) If the department fails to notify a provider as required
by subsection (1), the department shall continue to pay for
services by the provider to the day of the notice.
(3) By March 1 of the current fiscal year, the department
shall submit a report to the senate and house appropriations
subcommittees for the department budget and the senate and house
fiscal agencies and policy offices on any additional expenditures
paid to child care providers as a result of the requirements in
subsection (2).
Sec. 677. The department shall establish a state goal for the
percentage of family independence program (FIP) cases involved in
employment activities. The percentage established shall not be less
than 50%. On a quarterly 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 current percentage of FIP
cases involved in JET employment activities and an estimate of the
current percentage of FIP cases that meet federal work
participation requirements. If the FIP case percentage is below the
goal for more than 2 consecutive quarters, the department shall
develop a plan to increase the percentage of FIP cases involved in
employment-related activities. The department shall deliver the
plan during the next annual budget presentation to the senate and
house appropriations subcommittees on the department budget.
Sec. 680. (1) It is the intent of the legislature that the
department achieve $10,000,000.00 in savings through the child
development and care program by revising the maximum number of
reimbursable hours per recipient.
(2) It is the intent of the legislature that the department
achieve $5,000,000.00 in savings through the child development and
care program by improving the error rates for income verification
and income eligibility.
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 $500,000.00 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. 696. From the money appropriated in part 1, the
department shall allocate $100,000.00 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 money 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.
(2) The department shall provide a report on the number of
counties that fail to submit a service spending plan by October 1
of the current fiscal year. The report shall be submitted 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 December 15 of the current fiscal year.
Sec. 710. The department, the county of Wayne, and the third
circuit court may rewrite the memorandum of understanding (MOU)
that permits the county of Wayne to manage its juvenile justice
system so that the MOU takes into account all interested parties,
including, but not limited to, the legislature.
Sec. 717. (1) The department shall contract using private
revenues with the Michigan public health institute to conduct a
behavioral health study of juvenile justice facilities operated or
contracted for by the state. The study shall utilize diagnostic
clinical interviews with and records reviews for a representative
random sample of juvenile justice system detainees to develop a
report on each of the following:
(a) The proportion of juvenile justice detainees with a
primary diagnosis of emotional disorder, the percentage of those
detainees considered to currently require mental health treatment,
and the proportion of those detainees currently receiving mental
health services, including a description and breakdown,
encompassing, at a minimum, the categories of inpatient,
residential, and outpatient care, of the type of mental health
services provided to those detainees.
(b) The proportion of juvenile justice detainees with a
primary diagnosis of addiction disorder, the percentage of those
detainees considered to currently require substance abuse
treatment, and the proportion of those detainees currently
receiving substance abuse services, including a description and
breakdown, encompassing, at a minimum, the categories of
residential and outpatient care, of the type of substance abuse
services provided to those detainees.
(c) The proportion of juvenile justice detainees with a dual
diagnosis of emotional disorder and addiction disorder, the
percentage of those detainees considered to currently require
treatment for their condition, and the proportion of those
detainees currently receiving that treatment, including a
description and breakdown, encompassing, at a minimum, the
categories of mental health inpatient, mental health residential,
mental health outpatient, substance abuse residential, and
substance abuse outpatient, of the type of treatment provided to
those detainees.
(d) Data indicating whether juvenile justice detainees with a
primary diagnosis of emotional disorder, a primary diagnosis of
addiction disorder, and a dual diagnosis of emotional disorder and
addiction disorder were previously hospitalized in a state
psychiatric hospital for persons with mental illness. These data
shall be broken down according to each of these 3 respective
categories.
(e) Data indicating whether and with what frequency juvenile
justice detainees with a primary diagnosis of emotional disorder, a
primary diagnosis of addiction disorder, and a dual diagnosis of
emotional disorder and addiction disorder have been detained
previously. These data shall be broken down according to each of
these 3 respective categories.
(f) Data classifying the types of offenses historically
committed by juvenile justice detainees with a primary diagnosis of
emotional disorder, a primary diagnosis of addiction disorder, and
a dual diagnosis of emotional disorder and addiction disorder.
These data shall be broken down according to each of these 3
respective categories.
(g) Data indicating whether juvenile justice detainees have
previously received services managed by a community mental health
program or substance abuse coordinating agency. These data shall be
broken down according to the respective categories of detainees
with a primary diagnosis of emotional disorder, a primary diagnosis
of addiction disorder, and a dual diagnosis of emotional disorder
and addiction disorder.
(2) The report referenced under subsection (1) would be
provided 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. 724. The department shall establish a work group to study
the feasibility of contracting out the juvenile justice secure
treatment beds for males and females operated by the department's
bureau of juvenile justice to private nonprofit child caring
institutions that are nationally accredited and licensed in this
state. The work group shall include, but not be limited to, the
department, members of the house and senate appropriations
subcommittees on the department budget, and representatives of 2
statewide organizations whose members consist of private nonprofit
child caring institutions.
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.
Sec. 753. By January 1, 2012, the department shall implement
the recommendations of the 2004 public private partnership
initiative's training committee to define, design, and implement a
train-the-trainer program to certify private agency staff to
deliver child welfare staff training, explore the use of e-learning
technologies, and include consumers in the design and
implementation of training. The intent of the legislature is to
reduce training and travel costs for both the department and the
private agencies. The department shall report no later than
December 1 of the current fiscal year on each specific policy
change made to implement enacted legislation and the plans to
implement the recommendations, including timelines, to the senate
and house appropriations subcommittees on the department budget,
the senate and house standing committees on human services matters,
the senate and house fiscal agencies and policy offices, and the
state budget director.
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).
COMMUNITY ACTION AND ECONOMIC OPPORTUNITY
Sec. 1103. (1) The department shall establish a work group to
develop a more efficient way to administer state emergency relief,
low income home energy assistance program, and weatherization. The
work group shall include, but not be limited to, the department and
members of the legislature.
(2) By April 1, 2012, the department shall report to the
senate and house appropriations subcommittees on the department
budget, the senate and house fiscal agencies, and the senate and
house policy offices on the findings of the work group established
in subsection (1).
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 1 of the current fiscal
year on the number of homes, the approximate value of each home,
and the square footage of each home weatherized through the
appropriations in section 104 during the preceding quarter of the
calendar year.
PART 2A
PROVISIONS CONCERNING ANTICIPATED APPROPRIATIONS
FOR FISCAL YEAR 2012-2013
GENERAL SECTIONS
Sec. 1201. It is the intent of the legislature to provide
appropriations for the fiscal year ending on September 30, 2013 for
the line items listed in part 1. The fiscal year 2012-2013
appropriations are anticipated to be the same as those for fiscal
year 2011-2012, 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 2012 consensus revenue estimating
conference.
ARTICLE XI
JUDICIARY
PART 1
LINE-ITEM APPROPRIATIONS
FOR FISCAL YEAR 2011-2012
Sec. 101. Subject to the conditions set forth in this article,
the amounts listed in this part are appropriated for the judicial
branch for the fiscal year ending September 30, 2012, from the
funds indicated in this part. The following is a summary of the
appropriations in this part:
JUDICIARY
APPROPRIATION SUMMARY
Full-time equated exempted positions............ 491.0
GROSS APPROPRIATION.................................... $ 256,973,200
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 3,573,500
ADJUSTED GROSS APPROPRIATION........................... $ 253,399,700
Federal revenues:
Total federal revenues................................. 5,539,500
Special revenue funds:
Total local revenues................................... 6,342,700
Total private revenues................................. 842,500
Total other state restricted revenues.................. 88,140,700
State general fund/general purpose..................... $ 152,534,300
Sec. 102. SUPREME COURT
Full-time equated exempted positions............ 243.0
Supreme court administration--97.0 FTE positions....... $ 11,184,900
Judicial institute--13.0 FTE positions................. 1,979,000
State court administrative office--60.0 FTE positions.. 10,548,900
Judicial information systems--22.0 FTE positions....... 3,174,700
Direct trial court automation support--36.0 FTE
positions............................................ 6,342,700
Foster care review board--12.0 FTE positions........... 1,289,800
Community dispute resolution--3.0 FTE positions........ 2,335,500
Other federal grants................................... 275,100
Drug treatment courts.................................. 7,133,000
Community court pilot project.......................... 20,000
GROSS APPROPRIATION.................................... $ 44,283,600
Appropriated from:
Interdepartmental grant revenues:
IDG from department of state police.................... 1,800,000
IDG from department of corrections..................... 1,050,000
IDG from state police - Michigan justice training fund. 300,000
Federal revenues:
DOJ, victims assistance programs....................... 50,000
DOJ, drug court training and evaluation................ 300,000
DOT, national highway traffic safety administration.... 1,300,000
HHS, access and visitation grant....................... 550,000
HHS, children's justice grant.......................... 206,300
HHS, court improvement project......................... 1,160,000
HHS, title IV-D child support program.................. 907,700
HHS, title IV-E foster care program.................... 540,400
Other federal grant revenues........................... 275,100
Special revenue funds:
Local - user fees...................................... 6,342,700
Private................................................ 169,000
Private - interest on lawyers trust accounts........... 232,700
Private - state justice institute...................... 370,800
Community dispute resolution fund...................... 2,335,500
Law exam fees.......................................... 536,200
Drug court fund........................................ 1,920,500
Miscellaneous revenue.................................. 227,900
Justice system fund.................................... 700,000
State court fund....................................... 339,000
State general fund/general purpose..................... $ 22,669,800
Sec. 103. COURT OF APPEALS
Full-time equated exempted positions............ 190.0
Court of appeals operations--190.0 FTE positions....... $ 19,143,800
GROSS APPROPRIATION.................................... $ 19,143,800
Appropriated from:
Special revenue funds:
Court filing/motion fees............................... 1,458,500
Miscellaneous revenue.................................. 77,800
State general fund/general purpose..................... $ 17,607,500
Sec. 104. BRANCHWIDE APPROPRIATIONS
Full-time equated exempted positions.............. 4.0
Branchwide appropriations--4.0 FTE positions........... $ 8,338,700
GROSS APPROPRIATION.................................... $ 8,338,700
Appropriated from:
State general fund/general purpose..................... $ 8,338,700
Sec. 105. JUSTICES' AND JUDGES' COMPENSATION
Full-time judges positions...................... 607.0
Supreme court justices' salaries--7.0 justices......... $ 1,152,300
Court of appeals judges' salaries--26.0 judges......... 3,937,400
District court judges' state base salaries--252.0
judges............................................... 23,321,900
District court judicial salary standardization......... 11,522,500
Probate court judges' state base salaries--103.0
judges............................................... 9,627,900
Probate court judicial salary standardization.......... 4,669,700
Circuit court judges' state base salaries--219.0
judges............................................... 20,628,800
Circuit court judicial salary standardization.......... 10,013,600
Judges' retirement system defined contributions........ 3,894,300
OASI, social security.................................. 5,511,000
GROSS APPROPRIATION.................................... $ 94,279,400
Appropriated from:
Special revenue funds:
Court fee fund......................................... 7,090,200
State general fund/general purpose..................... $ 87,189,200
Sec. 106. JUDICIAL AGENCIES
Full-time equated exempted positions.............. 7.0
Judicial tenure commission--7.0 FTE positions.......... $ 961,500
GROSS APPROPRIATION.................................... $ 961,500
Appropriated from:
State general fund/general purpose..................... $ 961,500
Sec. 107. INDIGENT DEFENSE - CRIMINAL
Full-time equated exempted positions............. 47.0
Appellate public defender program--39.0 FTE positions.. $ 5,322,800
Appellate assigned counsel administration--8.0 FTE
positions............................................ 906,300
GROSS APPROPRIATION.................................... $ 6,229,100
Appropriated from:
Interdepartmental grant revenues:
IDG from state police - Michigan justice training fund. 423,500
Federal revenues:
Other federal grant revenues........................... 250,000
Special revenue funds:
Private - interest on lawyers trust accounts........... 70,000
Miscellaneous revenue.................................. 113,100
State general fund/general purpose..................... $ 5,372,500
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
GROSS APPROPRIATION.................................... $ 65,650,100
Appropriated from:
Special revenue funds:
Court equity fund...................................... 50,440,000
Judicial technology improvement fund................... 4,815,000
State general fund/general purpose..................... $ 10,395,100
Sec. 110. GRANTS AND REIMBURSEMENTS TO LOCAL
GOVERNMENT
Drug case-flow program................................. $ 250,000
Drunk driving case-flow program........................ 3,300,000
Juror compensation reimbursement....................... 6,600,000
GROSS APPROPRIATION.................................... $ 10,150,000
Appropriated from:
Special revenue funds:
Drug fund.............................................. 250,000
Drunk driving fund..................................... 3,300,000
Juror compensation fund................................ 6,600,000
State general fund/general purpose..................... $ 0
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
FOR FISCAL YEAR 2011-2012
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 2011-2012 is $240,675,000.00 and state
spending from state resources to be paid to local units of
government for fiscal year 2011-2012 is $119,875,600.00. The
itemized statement below identifies appropriations from which
spending to local units of government will occur:
JUDICIARY
SUPREME COURT
State court administrative office...................... $ 511,900
Drug treatment courts.................................. 6,833,000
TRIAL COURT OPERATIONS
Court equity fund reimbursements....................... $ 60,835,100
Judicial technology improvement fund................... 4,815,000
JUSTICES' AND JUDGES' COMPENSATION
District court judicial salary standardization......... $ 11,522,500
Probate court judges' state base salaries.............. 9,627,900
Probate court judicial salary standardization.......... 4,669,700
Circuit court judicial salary standardization.......... 10,013,600
Grant to OASI contribution fund, employers share,
social security..................................... 896,900
GRANTS AND REIMBURSEMENTS TO LOCAL GOVERNMENT
Drunk driving case-flow program........................ $ 3,300,000
Drug case-flow program................................. 250,000
Juror compensation reimbursement....................... 6,600,000
TOTAL.................................................. $ 119,875,600
Sec. 202. (1) The appropriations authorized under this article
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 article:
(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 article shall be
completed with the approval of, and at the direction of, the
supreme court, except as otherwise provided in this article. The
judicial branch shall use the Internet to fulfill the reporting
requirements of this article. 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 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
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. (1) Due to the current budgetary problems in this
state, out-of-state travel for the fiscal year ending September 30,
2012 shall be limited to situations in which 1 or more of the
following conditions apply:
(a) The travel is required by legal mandate or court order or
for law enforcement purposes.
(b) The travel is necessary to protect the health or safety of
Michigan citizens or visitors or to assist other states in similar
circumstances.
(c) The travel is necessary to produce budgetary savings or to
increase state revenues, including protecting existing federal
funds or securing additional federal funds.
(d) The travel is necessary to comply with federal
requirements.
(e) The travel is necessary to secure specialized training for
staff that is not available within this state.
(f) The travel is financed entirely by federal or nonstate
funds.
(2) If out-of-state travel is necessary but does not meet 1 or
more of the conditions in subsection (1), the chief justice or his
or her designee may grant an exception to allow the travel. Any
exceptions granted by the chief justice or his or her designee
shall be reported on a monthly basis to the senate and house of
representatives standing committees on appropriations.
(3) Not later than January 1 of each year, the state court
administrative office shall prepare a travel report 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 name of each person receiving reimbursement for travel
outside this state or whose travel costs were paid by this state.
(b) The destination of each travel occurrence.
(c) The dates of each travel occurrence.
(d) A brief statement of the reason for each travel
occurrence.
(e) The transportation and related costs of each travel
occurrence, including the proportion funded with state general
fund/general purpose revenues, the proportion funded with state
restricted revenues, the proportion funded with federal revenues,
and the proportion funded with other revenues.
(f) A total of all out-of-state travel funded for the
immediately preceding fiscal year.
Sec. 219. Not later than November 15, 2012, the judiciary
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
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. 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 provide the state
budget director, the senate and house appropriations chairs, the
senate and house appropriations subcommittees on the judiciary,
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, 2011 and
September 30, 2012.
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, $325,000.00 is allocated for circuit court
reimbursement under section 3 of 1978 PA 16, MCL 800.453, and
$186,900.00 is allocated for court of claims reimbursement under
section 6413 of the revised judicature act of 1961, 1961 PA 236,
MCL 600.6413.
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. 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, 2012, the state court administrative
office shall provide an update on the status of the pilot 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. All 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.
(c) The evaluation of a program funded with federal Byrne
funds shall be consistent with the requirements contained in the
federal Byrne grant for that program.
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 $1,800,000.00 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.
(5) If United States department of transportation, national
highway traffic safety administration federal funding is awarded to
the judiciary for the support of drug treatment courts in an amount
that exceeds the amount appropriated in part 1, the judiciary may
receive and expend the funds in an amount not exceeding $450,000.00
above the amount appropriated in part 1 for the support of drug
treatment courts.
Sec. 312. From the funds appropriated in part 1, the state
court administrator shall produce a statistical report regarding
the implementation of the parental rights restoration act, 1990 PA
211, MCL 722.901 to 722.908, as it pertains to minors seeking a
court-issued waiver of parental consent. The state court
administrative office shall report the total number of petitions
filed and the total number of petitions granted in accordance with
section 208.
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 drug
treatment courts, $1,000,000.00 shall be administered by the state
court administrative office to distribute to qualifying counties to
support a swift-and-sure sanctions pilot program. A qualifying
county shall apply to the state court administrative office for a
portion of the funds appropriated in part 1.
(2) A qualifying county that receives funding under this
section shall provide a report on the pilot 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 pilot
program.
(b) The criminal history of offenders who participate in the
pilot program.
(c) The recidivism rate of offenders who participate in the
pilot program, including the rate of return to jail, prison, or
both.
(d) A detailed description of the establishment and parameters
of the pilot program.
(3) As used in this section:
(a) "Pilot program" means a swift-and-sure sanctions pilot
program.
(b) "Qualifying county" means a county that has both of the
following:
(i) A drug treatment court.
(ii) A unified trial court system.
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.
Sec. 322. (1) If Byrne formula grant funding is awarded to the
state appellate defender office for criminal defense review and
training on evidence-based sentencing in problem-solving courts,
the state appellate defender office may receive and expend Byrne
formula grant funds in an amount not exceeding $525,000.00 as an
interdepartmental grant from the department of state police.
(2) If Byrne formula grant funding is awarded to the state
appellate defender office for criminal defense review and
representation of defendants in cases that involve potentially
unreliable evidence processed by the now-closed Detroit police
crime laboratory, the state appellate defender office may receive
and expend Byrne formula grant funds in an amount not exceeding
$225,000.00 as an interdepartmental grant from the department of
state police.
PART 2A
PROVISIONS CONCERNING ANTICIPATED APPROPRIATIONS
FOR FISCAL YEAR 2012-2013
GENERAL SECTIONS
Sec. 1201. It is the intent of the legislature to provide
appropriations for the fiscal year ending on September 30, 2013 for
the line items listed in part 1. The fiscal year 2012-2013
appropriations are anticipated to be the same as those for fiscal
year 2011-2012, 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 2012 consensus revenue estimating
conference.
ARTICLE XII
DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS
PART 1
LINE-ITEM APPROPRIATIONS
FOR FISCAL YEAR 2011-2012
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 this article, for the fiscal year ending
September 30, 2012, 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........ 4,320.8
GROSS APPROPRIATION.................................... $ 811,570,400
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 13,373,500
ADJUSTED GROSS APPROPRIATION........................... $ 798,196,900
Federal revenues:
Total federal revenues................................. 365,728,300
Special revenue funds:
Total local revenues................................... 7,859,900
Total private revenues................................. 4,727,800
Total other state restricted revenues.................. 388,808,100
State general fund/general purpose..................... $ 31,072,800
Sec. 102. DEPARTMENTAL ADMINISTRATION
Full-time equated unclassified positions......... 57.5
Full-time equated classified positions.......... 129.0
Unclassified salaries--57.5 FTE positions.............. $ 4,531,900
Executive director programs--33.0 FTE positions........ 5,083,200
Property management.................................... 11,768,400
Rent................................................... 12,032,200
Worker's compensation.................................. 758,400
Special project advances............................... 200,000
Administrative services--96.0 FTE positions............ 9,925,800
GROSS APPROPRIATION.................................... $ 44,299,900
Appropriated from:
Interdepartmental grant revenues:
Federal revenues:
DOE-OEERE, multiple grants............................. 3,000
DED-OSERS, rehabilitation services, vocational
rehabilitation of state grants....................... 4,163,400
DOL-ETA, unemployment insurance........................ 11,774,000
DOL, federal funds..................................... 30,800
DOL, multiple grants for safety and health............. 767,000
Federal revenues....................................... 437,100
Title XVIII Medicare................................... 300,100
Title XIX Medicaid..................................... 21,000
Title XIX Medicaid, facility certification fees........ 193,900
Special revenue funds:
Private - special project advances..................... 200,000
Local revenues......................................... 130,900
Bank fees.............................................. 356,300
Boiler fee revenue..................................... 244,400
Construction code fund................................. 1,127,200
Consumer finance fees.................................. 74,900
Contingent fund, penalty and interest account.......... 39,200
Corporation fees....................................... 4,168,800
Credit union fees...................................... 366,100
Deferred presentment service transaction fees.......... 24,900
Elevator fees.......................................... 251,500
Fees and collections/asbestos.......................... 100,000
Fire service fees...................................... 755,400
Health professions regulatory fund..................... 1,559,400
Health systems fees.................................... 404,000
Insurance licensing and regulation fees................ 1,738,500
Insurance bureau fund.................................. 514,100
Licensing and regulation fees.......................... 1,005,700
Liquor purchase revolving fund......................... 4,791,100
MBLSLA fund............................................ 84,800
Mobile home code fund.................................. 252,600
Motor carrier fees..................................... 203,600
Private occupational school license fees............... 14,000
Public utility assessments............................. 2,310,400
Radiological health fees............................... 90,000
Safety education and training fund..................... 719,800
Second injury fund..................................... 249,900
Securities fees........................................ 2,441,000
Self-insurers security fund............................ 89,500
Silicosis and dust disease fund........................ 111,100
Tax tribunal fund...................................... 181,400
Video franchise assessments............................ 4,000
Workers' compensation administrative revolving fund.... 100,000
State general fund/general purpose..................... $ 1,905,100
Sec. 103. OFFICE OF FINANCIAL AND INSURANCE
REGULATION
Full-time equated classified positions.......... 377.0
Administration--35.0 FTE positions..................... $ 7,392,600
Financial evaluation--232.0 FTE positions.............. 34,613,400
Regulatory compliance and consumer assistance--110.0
FTE positions........................................ 18,465,500
GROSS APPROPRIATION.................................... $ 60,471,500
Appropriated from:
Federal revenues:
Federal revenues....................................... 2,000,000
Special revenue funds:
Bank fees.............................................. 8,236,900
Captive insurance regulatory and supervision fund...... 256,800
Consumer finance fees.................................. 4,362,800
Credit union fees...................................... 6,382,400
Deferred presentment service transaction fees.......... 2,705,800
Insurance bureau fund.................................. 20,584,400
Insurance continuing education fees.................... 1,023,600
Insurance licensing and regulation fees................ 4,800,400
MBLSLA fund............................................ 4,300,600
Multiple employer welfare arrangement.................. 72,600
Securities fees........................................ 4,745,200
Securities investor education and training fund........ 1,000,000
State general fund/general purpose..................... $ 0
Sec. 104. PUBLIC SERVICE COMMISSION AND ENERGY
SYSTEMS
Full-time equated classified positions.......... 195.0
Public service commission--190.0 FTE positions......... $ 27,158,500
METRO authority--5.0 FTE positions..................... 355,900
GROSS APPROPRIATION.................................... $ 27,514,400
Appropriated from:
Federal revenues:
DOE-OEERE, multiple grants............................. 9,000
DOT, gas pipeline safety............................... 677,800
Special revenue funds:
Children's protection registry fund.................... 272,600
Motor carrier fees..................................... 2,094,700
Public utility assessments............................. 23,620,300
Restructuring mechanism assessments.................... 440,000
Video franchise assessments............................ 400,000
State general fund/general purpose..................... $ 0
Sec. 105. LIQUOR CONTROL COMMISSION
Full-time equated classified positions.......... 152.0
Management support services--28.0 FTE positions........ $ 3,812,200
Liquor licensing and enforcement--124.0 FTE positions.. 13,801,300
GROSS APPROPRIATION.................................... $ 17,613,500
Appropriated from:
Special revenue funds:
Direct shipper enforcement revolving fund.............. 120,000
Liquor license revenue................................. 7,136,200
Liquor purchase revolving fund......................... 10,357,300
State general fund/general purpose..................... $ 0
Sec. 106. OCCUPATIONAL REGULATION
Full-time equated classified positions.......... 835.3
Boiler inspection program--25.0 FTE positions.......... $ 2,931,000
Bureau of fire services--57.0 FTE positions............ 5,603,700
Code enforcement--120.0 FTE positions.................. 14,022,200
Commercial services--175.0 FTE positions............... 19,812,600
Elevator inspection program--30.0 FTE positions........ 3,162,400
Bureau of health professions--160.0 FTE positions...... 26,945,900
Bureau of health systems--199.6 FTE positions.......... 21,630,100
Health policy and regulation--8.8 FTE positions........ 2,646,500
Radiological health administration--21.4 FTE positions. 3,179,700
Background check program--5.5 FTE positions............ 2,545,900
Manufactured housing and land resources
program--22.0 FTE positions.......................... 2,733,700
Property development group--11.0 FTE positions......... 1,707,600
GROSS APPROPRIATION.................................... $ 106,921,300
Appropriated from:
Interdepartmental grant revenues:
IDG from department of community health, inspection
contract............................................. 100,000
IDG from department of human services, background
checks............................................... 1,000,000
Federal revenues:
Clinical lab improvement............................... 360,000
CMS transformation grant............................... 3,000,000
DOT.................................................... 60,000
FEMA................................................... 28,000
Mammography quality standards.......................... 710,400
Prescription drug monitoring........................... 100,000
Title XVIII Medicare................................... 9,287,900
Title XIX Medicaid..................................... 950,800
Title XIX Medicaid, facility certification fees........ 6,217,500
Special revenue funds:
Private - civil monetary penalties..................... 200,000
Accountancy enforcement fund........................... 420,000
Boiler fee revenue..................................... 3,363,600
Builder enforcement fund............................... 427,000
Construction code fund................................. 13,186,600
Corporation fees....................................... 6,342,700
Elevator fees.......................................... 3,565,400
Fire alarm fees........................................ 114,000
Fire safety standard and enforcement fund.............. 40,000
Fire service fees...................................... 1,953,300
Health professions regulatory fund..................... 22,972,000
Health systems fees.................................... 1,417,200
Licensing and regulation fees.......................... 11,302,800
Liquor purchase revolving fund......................... 2,636,500
Mobile home code fund.................................. 2,733,700
Nurse professional fund................................ 1,744,200
Pain management fees................................... 1,728,600
Private occupational school license fees............... 832,200
Property development fees.............................. 298,900
Radiological health fees............................... 2,469,300
Real estate appraiser continuing education fund........ 47,000
Real estate education fund............................. 320,300
Real estate enforcement fund........................... 364,600
Survey and remonumentation fund........................ 776,700
Security business fund................................. 321,100
Unarmed combat fund.................................... 66,900
State general fund/general purpose..................... $ 5,462,100
Sec. 107. MICHIGAN OCCUPATIONAL SAFETY AND HEALTH
ADMINISTRATION
Full-time equated classified positions.......... 229.0
Occupational safety and health--229.0 FTE positions.... $ 28,561,900
GROSS APPROPRIATION.................................... $ 28,561,900
Appropriated from:
Federal revenues:
DOL, multiple grants for safety and health............. 13,365,600
Special revenue funds:
Corporation fees....................................... 3,780,300
Fees and collections/asbestos.......................... 919,900
Safety education and training fund..................... 8,477,300
Securities fees........................................ 2,018,800
State general fund/general purpose..................... $ 0
Sec. 108. EMPLOYMENT SERVICES
Full-time equated classified positions........ 2,171.1
Worker's compensation administration--96.6 FTE
positions............................................ $ 8,918,200
Wage and hour division--33.0 FTE positions............. 3,136,700
Insurance funds administration--28.0 FTE positions..... 4,982,700
Supplemental benefit fund.............................. 820,000
Unemployment programs--1,302.7 FTE positions........... 136,315,200
Advocacy assistance program............................ 1,500,000
Special audit and collections program--34.0 FTE
positions............................................ 3,091,200
Training program for agency staff--2.1 FTE positions... 1,827,700
Expanded fraud control program--33.2 FTE positions..... 3,561,300
Commission for the blind--107.0 FTE positions.......... 26,728,500
Michigan rehabilitation services--513.5 FTE positions.. 71,720,500
Employment and labor relations--21.0 FTE positions..... 3,745,000
GROSS APPROPRIATION.................................... $ 266,347,000
Appropriated from:
Federal revenues:
DED-OPSE, multiple grants.............................. 1,222,900
DED-OSERS, centers for independent living.............. 58,200
DED-OSERS, rehabilitation long-term training........... 316,900
DED-OSERS, rehabilitation services, vocational
rehabilitation of state grants....................... 56,417,700
DED-OSERS, state grants for technical related
assistance........................................... 65,300
DOL, employment and training administration............ 1,219,100
DOL-ETA, unemployment insurance........................ 142,576,300
Federal revenues....................................... 20,265,900
HHS-SSA, supplemental security income.................. 3,783,000
Special revenue funds:
Private - gifts, bequests, and donations............... 816,000
Private revenues....................................... 111,800
Local revenues......................................... 529,000
Corporation fees....................................... 2,862,400
Contingent fund, regular penalty and interest.......... 1,500,000
Michigan commission for the blind business
enterprise program fund.............................. 553,600
Rehabilitation service fees............................ 1,352,300
Second injury fund..................................... 2,733,800
Securities fees........................................ 5,267,800
Self-insurers security fund............................ 1,268,400
Silicosis and dust disease fund........................ 1,032,000
Special fraud control fund............................. 1,000,000
Workers' compensation administrative revolving fund.... 2,755,600
State general fund/general purpose..................... $ 18,639,000
Sec. 109. MICHIGAN ADMINISTRATIVE HEARING SYSTEM
Full-time equated classified positions.......... 232.4
Michigan administrative hearing system--205.4 FTE
positions............................................ $ 30,230,300
Office of regulatory reinvention--2.0 FTE positions.... 350,000
Michigan compensation appellate commission--25.0 FTE
positions............................................ 3,033,600
GROSS APPROPRIATION.................................... $ 33,613,900
Appropriated from:
Interdepartmental grant revenues:
IDG - administrative hearings.......................... 12,273,500
Federal revenues:
DOL-ETA, unemployment insurance........................ 2,882,100
Federal revenue - administrative hearings and rules.... 7,596,900
Special revenue funds:
Construction code fund................................. 29,000
Corporation fees....................................... 1,121,500
Fire service fees...................................... 29,000
Insurance bureau fund.................................. 29,000
Insurance licensing and regulation fees................ 29,000
Licensing and regulation fees.......................... 29,000
Liquor license revenue................................. 29,000
Motor carrier fees..................................... 29,000
Public utility assessments............................. 29,000
Safety education and training fund..................... 29,000
Securities fees........................................ 1,125,200
State restricted revenue - administrative hearings
and rules............................................ 4,963,000
Tax tribunal fund...................................... 3,149,000
Workers' compensation administrative revolving fund.... 180,500
State general fund/general purpose..................... $ 61,200
Sec. 110. INFORMATION TECHNOLOGY
Information technology services and projects........... $ 43,132,900
Liquor control commission IT upgrades.................. 100
GROSS APPROPRIATION.................................... $ 43,133,000
Appropriated from:
Federal revenues:
DOL-ETA, unemployment insurance........................ 21,797,800
DOL, multiple grants for safety and health............. 273,700
Federal revenues....................................... 3,365,300
Special revenue funds:
Bank fees.............................................. 219,500
Boiler fee revenue..................................... 280,500
Construction code fund................................. 1,076,700
Consumer finance fees.................................. 95,100
Corporation fees....................................... 4,833,400
Credit union fees...................................... 192,100
Deferred presentment service transaction fees.......... 85,700
Elevator fees.......................................... 271,300
Fees and collections/asbestos.......................... 11,000
Fire service fees...................................... 503,500
Health professions regulatory fund..................... 873,900
Health systems fees.................................... 186,400
Insurance continuing education fees.................... 11,700
Insurance bureau fund.................................. 545,500
Insurance licensing and regulation fees................ 315,000
Licensing and regulation fees.......................... 1,430,900
Liquor purchase revolving fund......................... 2,771,000
MBLSLA fund............................................ 104,100
Mobile home code fund.................................. 152,800
Motor carrier fees..................................... 148,900
Pain management fees................................... 160,000
Public utility assessments............................. 1,166,600
Radiological health fees............................... 140,000
Safety education and training fund..................... 624,700
Second injury fund..................................... 143,600
Securities fees........................................ 944,100
Self-insurers security fund............................ 71,500
Silicosis and dust disease fund........................ 61,500
Tax tribunal fund...................................... 210,000
State general fund/general purpose..................... $ 65,200
Sec. 111. DEPARTMENT GRANTS
Personal assistance services........................... $ 459,500
Vocational rehabilitation customer support............. 56,908,400
Independent living..................................... 4,908,600
Fire protection grants................................. 9,273,900
Low-income energy efficiency assistance................ 95,000,000
Liquor law enforcement grants.......................... 6,600,000
Remonumentation grants................................. 5,300,000
Private grant programs................................. 3,000,000
Subregional libraries state aid........................ 451,800
Utility consumer representation........................ 950,000
Youth low-vision program............................... 241,800
GROSS APPROPRIATION.................................... $ 183,094,000
Appropriated from:
Federal revenues:
DED-OSERS, centers for independent living.............. 450,200
DED-OSERS, rehabilitation services, vocational
rehabilitation of state grants....................... 37,056,700
DED-OSERS, rehabilitation services facilities.......... 2,272,500
DED-OSERS, supported employment........................ 1,541,300
DED-OSERS, state grants for technical related
assistance........................................... 2,240,800
HHS-SSA, supplemental security income.................. 5,868,400
Special revenue funds:
Private - gifts, bequests, and donations............... 400,000
Private revenues....................................... 3,000,000
Local vocational rehabilitation match.................. 7,000,000
Local vocational rehabilitation facilities match....... 200,000
Contingent fund, penalty and interest account.......... 1,000,000
Low-income energy efficiency fund...................... 95,000,000
Fire protection fund................................... 8,500,000
Liquor purchase revolving fund......................... 773,900
Liquor license revenue................................. 6,600,000
Survey and remonumentation fund........................ 5,300,000
Utility consumer representation fund................... 950,000
State general fund/general purpose..................... $ 4,940,200
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
FOR FISCAL YEAR 2011-2012
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 2011-2012 is $419,880,900.00 and state
spending from state resources to be paid to local units of
government for fiscal year 2011-2012 is $22,988,700.00. The
itemized statement below identifies appropriations from which
spending to local units of government will occur:
DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS
Fire protection grants................................. $ 9,273,900
Liquor law enforcement................................. 6,600,000
Remonumentation grants................................. 5,300,000
Firefighters training council.......................... 1,363,000
Subregional libraries state aid........................ 451,800
Total department of licensing and regulatory
affairs.............................................. $ 22,988,700
Sec. 202. The appropriations authorized under this article are
subject to the management and budget act, 1984 PA 431, MCL 18.1101
to 18.1594.
Sec. 203. As used in this article:
(a) "DED" means the United States department of education.
(b) "DED-OPSE" means the DED office of postsecondary
education.
(c) "DED-OSERS" means the DED office of special education
rehabilitation services.
(d) "Department" means the department of licensing and
regulatory affairs.
(e) "Director" means the director of the department.
(f) "DOE-OEERE" means the United States department of energy,
office of energy efficiency and renewable energy.
(g) "DOL" means the United States department of labor.
(h) "DOL-ETA" means the DOL employment and training
administration.
(i) "DOT" means the United States department of
transportation.
(j) "FEMA" means federal emergency management agency.
(k) "Fire safety standard and enforcement fund" means fire
safety standard and firefighter protection act enforcement fund
created in section 9 of the fire safety standard and firefighter
protection act, 2009 PA 56, MCL 29.499.
(l) "Fiscal agencies" means Michigan house fiscal agency and
Michigan senate fiscal agency.
(m) "FTE" means full-time equated.
(n) "HHS" means the United States department of health and
human services.
(o) "HHS-SSA" means HHS social security administration.
(p) "IDG" means interdepartmental grant.
(q) "MAHS" means Michigan administrative hearing system.
(r) "MARVIN" means Michigan's automated response voice
interactive network.
(s) "METRO" means metropolitan extension telecommunications
rights-of-way oversight.
(t) "MIOSHA" means Michigan occupational safety and health
administration.
(u) "Pain management fees" means the pain management education
and controlled substances electronic monitoring and antidiversion
fund.
(v) "Subcommittees" means all members of the subcommittees of
the house and senate appropriations committees with jurisdiction
over the budget for the department.
Sec. 208. Unless otherwise specified, the department shall use
the Internet to fulfill the reporting requirements of this article.
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 that 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. (1) 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.
(2) The funds appropriated in part 1 for liquor control
commission information technology 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. The
total cost of the work project is estimated at $1,000,000.00 and
the tentative completion date is September 30, 2013.
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. 214. From the funds appropriated in part 1 for
information technology, departments and agencies shall pay user
fees to the department of technology, management, and budget for
technology-related services and projects. The user fees shall be
subject to provisions of an interagency agreement between the
departments and agencies and the department of technology,
management, and budget.
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 15, the department 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 of representatives standing committees on
appropriations, and the senate and house fiscal agencies.
Sec. 217. (1) Due to the current budgetary problems in this
state, out-of-state travel shall be limited to situations in which
1 or more of the following conditions apply:
(a) The travel is required by legal mandate or court order or
for law enforcement purposes.
(b) The travel is necessary to protect the health or safety of
Michigan citizens or visitors or to assist other states in similar
circumstances.
(c) The travel is necessary to produce budgetary savings or to
increase state revenues, including protecting existing federal
funds or securing additional federal funds.
(d) The travel is necessary to comply with federal
requirements.
(e) The travel is necessary to secure specialized training for
staff that is not available within this state.
(f) The travel is financed entirely by federal or nonstate
funds.
(2) The department shall not approve the travel of more than 1
departmental employee to a specific professional development
conference or training seminar that is located outside of this
state unless a professional development conference or training
seminar is funded by a federal or private funding source and
requires more than 1 person from a department to attend, or the
conference or training seminar includes multiple issues in which 1
employee from the department does not have expertise.
(3) Not later than January 1, each department shall prepare a
travel report listing all travel by classified and unclassified
employees outside this state in the immediately preceding fiscal
year that was funded in whole or in part with funds appropriated in
the department's budget. The report shall be submitted to the
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 name of each person receiving reimbursement for travel
outside this state or whose travel costs were paid by this state.
(b) The destination of each travel occurrence.
(c) The dates of each travel occurrence.
(d) A brief statement of the reason for each travel
occurrence.
(e) The transportation and related costs of each travel
occurrence, including the proportion funded with state general
fund/general purpose revenues, the proportion funded with state
restricted revenues, the proportion funded with federal revenues,
and the proportion funded with other revenues.
(f) A total of all out-of-state travel funded for the
immediately preceding fiscal year.
Sec. 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 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. 223. (1) In addition to the funds appropriated in part 1,
there is appropriated an amount not to exceed $45,000,000.00 for
federal contingency funds. These funds are not available for
expenditure until they have been transferred to another line item
in this article 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 $31,000,000.00 for state
restricted contingency funds. These funds are not available for
expenditure until they have been transferred to another line item
in this article 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 $8,000,000.00 for local
contingency funds. These funds are not available for expenditure
until they have been transferred to another line item in this
article 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 $600,000.00 for private
contingency funds. These funds are not available for expenditure
until they have been transferred to another line item in this
article 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 funded projects 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 and may only be used for costs directly
related to the continued updating and distribution of the documents
pursuant to this section. This section 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) Labor law books.
(f) Worker's compensation health care services rules.
(g) Construction code manuals.
(h) 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. The funds appropriated under this section 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. 228. Unless prohibited by law, the department may accept
credit card or other electronic means of payment for licenses,
fees, or permits.
Sec. 231. (1) The department shall 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.
(2) The department may develop and operate its own website to
provide this information or may reference the state's central
transparency website as the source for this information.
Sec. 232. The department shall not develop or produce any
television productions.
Sec. 234. Within 14 days after the release of the executive
budget recommendation, the department shall provide the state
budget director, the senate and house appropriations chairs, the
subcommittees, and the fiscal agencies with an annual report on
estimated state restricted fund balances, state restricted fund
projected revenues, and state restricted fund expenditures for the
fiscal years ending September 30, 2011 and September 30, 2012.
REGULATORY
Sec. 301. (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 November 15
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.
(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. 301a. (1) Cities, villages, and townships receiving fire
protection grant funds in accordance with 1977 PA 289, MCL 141.951
to 141.956, shall submit a report to the department detailing the
expenditures made by the local unit from fire protection grant
funds, the fire-related activities of the local unit's police and
fire departments on state property, and the costs of such
activities. The local unit shall provide a report no later than
January 1, covering the state fiscal year ending September 30,
2011.
(2) The department shall provide a standard template for use
by local units of government when submitting a report to the
department.
(3) The department shall prepare a summary of the local
submissions and provide it to the house and senate chairpersons of
the subcommittees, the fiscal agencies, and the state budget
director by March 31.
Sec. 302. Money appropriated under this article 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. 302a. In addition to the funds appropriated in part 1,
the funds credited to the cigarette fire safety standard and
firefighter protection act fund created in section 13 of the fire
safety standard and firefighter protection act, 2009 PA 56, MCL
29.503, shall be appropriated to be expended for the purposes
provided for in the fire safety standard and firefighter protection
act, 2009 PA 56, MCL 29.491 to 29.513. These funds are appropriated
for expenditure when they are received.
Sec. 303. 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. 304. The department may make available to interested
entities 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. 320. If the revenue collected by the department from
licensing and regulation fees collected by the bureau of commercial
services exceeds the amount expended from appropriations 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. 330. 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. 332. The unemployment insurance agency shall provide the
subcommittees, fiscal agencies, and state budget office with
quarterly status reports on the development of 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, project budget information, a summary of the tasks
completed and milestones reached to date, the percentage of the
total project completed to date, and a summary of the tasks
anticipated to be completed in the subsequent quarter.
Sec. 333. 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 MARVIN system. The
department shall implement improvements to the Internet MARVIN
system that promote greater ease of access and security with a goal
of reaching 50% of users certifying by using the Internet MARVIN
system.
Sec. 340. MIOSHA shall provide an annual report by February 1
of each year to the state budget director, the fiscal agencies, and
the subcommittees on the number of individuals killed and the
number of individuals injured on the job within industries
regulated by the bureau during the most recent year for which data
are available.
Sec. 341. The department shall not promulgate or adopt a rule
more stringent than the applicable federal standard unless
specifically authorized by statute.
Sec. 342. From the funds appropriated in part 1 for Michigan
occupational safety and health consultation education and training
(CET) grants, not less than $80,000.00 shall be allocated to
nonprofit organizations representing the mining industry in
Michigan.
Sec. 361. (1) The public service commission shall report by
November 1 to the subcommittees, the state budget office, and the
fiscal agencies on the distribution of funds appropriated in part 1
for the low-income/energy efficiency assistance program.
(2) The funds collected from public utilities for low-income
energy efficiency fund grants as provided under orders issued by
the public service commission pursuant to 1939 PA 3, MCL 460.1 to
460.11, that are unexpended at the end of the fiscal year may carry
forward to the subsequent fiscal year.
Sec. 368. No later than March 1, the department shall submit a
report to the state budget office, the fiscal agencies, and the
subcommittees, providing expenditure and revenue data and
statistical data on licensing and regulatory activities of the
bureau of commercial services and the bureau of construction codes
during the previous fiscal year. To the extent possible, the data
required shall be reported for each individual occupation, trade,
or industry regulated.
Sec. 380. 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. 390. The Michigan tax tribunal and the Michigan
administrative hearing system shall submit a report on 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. The report shall also include information
on case filings and dispositions, the number of active and pending
cases before the small claims division and the entire tribunal, and
the agencies' plan to eliminate the backlog of cases. The report
shall be submitted to the subcommittees, fiscal agencies, and state
budget office not later than November 1, 2012.
OFFICE OF FINANCIAL AND INSURANCE REGULATION
Sec. 401. In addition to the funds appropriated in part 1, the
funds collected by the office of financial and insurance regulation
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.
MICHIGAN REHABILITATION SERVICES AND MICHIGAN COMMISSION FOR THE
BLIND
Sec. 603. The local match requirements for vocational
rehabilitation facilities establishment grants shall not exceed
21.3% for the fiscal year ending September 30.
Sec. 604. All funds appropriated in part 1 for independent
living shall be used for the support of centers for independent
living in compliance with federal rules and regulations for such
centers, by existing centers in serving underserved areas, and for
projects to build capacity of centers to deliver independent living
services. Applications for such funds shall be reviewed in
accordance with criteria and procedures established by the
department. Funds must be used in a manner consistent with the
state plan for independent living.
Sec. 610. (1) The appropriation in part 1 for the Michigan
commission for the blind includes funds for case services. These
funds may be used for tuition payments for blind clients.
(2) Revenue collected by the Michigan commission for the blind
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. 611. The Michigan commission for the blind and the
Michigan rehabilitation services shall work collaboratively with
service organizations and government entities to identify qualified
match dollars to maximize use of available federal vocational
rehabilitation funds.
Sec. 613. (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. 615. The department 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.
HEALTH REGULATION
Sec. 708. Nursing facilities shall report in the quarterly
staff report to the department, the total patient care hours
provided each month, by state licensure and certification
classification, and the percentage of pool staff, by state
licensure and certification classification, used each month during
the preceding quarter. The department shall make available to the
public, the quarterly staff report compiled for all facilities
including the total patient care hours and the percentage of pool
staff used, by classification.
Sec. 714. 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.
Sec. 716. The department shall give priority in investigations
of alleged wrongdoing by licensed health care professionals to
instances that are alleged to have occurred within 2 years of the
initial complaint.
Sec. 718. The department shall gather information on its most
frequently cited complaint deficiencies for the prior 3 fiscal
years. 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 is needed. The
department shall provide the results of the study to the
subcommittees, fiscal agencies, and state budget director by May 1.
Sec. 726. (1) The department shall submit a report by April 1
to the subcommittees, fiscal agencies, and state budget director
that includes all data on the amount collected from medical
marihuana program application and renewal fees along with the cost
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.
(3) 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.
Sec. 727. By October 1, 2011, the department shall establish
and implement a bid process to identify a private or public
contractor to provide management of the medical marihuana program.
By January 1, the department shall transfer responsibility for
management of the medical marihuana program to the contractor
identified by the bid process.
Sec. 729. (1) A hospital or freestanding surgical outpatient
facility may report whether a registered nurse, qualified by
training and experience in operating room nursing, is present as a
circulating nurse in each separate operating room where surgery is
being performed for the duration of the operative procedure. This
section does not preclude a circulating nurse from leaving the
operating room as part of the procedure, leaving the operating room
as part of the operative procedure, leaving the operating room for
short periods, or, in accordance with employer rules or
regulations, being relieved during an operative procedure by
another circulating nurse assigned to continue the operative
procedure.
(2) The department shall report any data collected pursuant to
subsection (1) on the use of a circulating nurse in the operating
room of hospitals and freestanding surgical outpatient facilities
to the legislature on an annual basis. The circulating nurse shall
assist administration in assuring regulatory compliance data are
collected, including the verification of the circulating nurse.
Sec. 731. (1) The bureau of health systems shall prepare a
report detailing the number of facilities, locations, and beds for
each type of health facility licensed, certified, inspected, or
otherwise regulated by the bureau. The report shall also include
the bureau's cost to license, certify, inspect, or otherwise
regulate each type of facility. The data required by this
subsection shall be collected and reported on acute care hospitals,
home health agencies, hospices, hospice residences, psychiatric
units in general hospitals, psychiatric hospitals, partial
hospitalization psychiatric programs, outpatient surgical
facilities, laboratories, end stage renal disease facilities, rural
health clinics, substance abuse programs, long-term care facilities
including nursing homes, hospital long-term care units, county
medical care facilities, and radiation machines.
(2) By February 1, the bureau of health systems shall work
with interested stakeholders to recommend to the governor and the
legislature a schedule of fees to be charged by the bureau for
regulating health facilities. The fee schedule proposed by the
bureau shall 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.
PART 2A
PROVISIONS CONCERNING ANTICIPATED APPROPRIATIONS
FOR FISCAL YEAR 2012-2013
GENERAL SECTIONS
Sec. 1201. It is the intent of the legislature to provide
appropriations for the fiscal year ending on September 30, 2013 for
the line items listed in part 1. The fiscal year 2012-2013
appropriations are anticipated to be the same as those for fiscal
year 2011-2012, 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 2012 consensus revenue estimating
conference.
ARTICLE XIII
DEPARTMENT OF MILITARY AND VETERANS AFFAIRS
PART 1
LINE-ITEM APPROPRIATIONS
FOR FISCAL YEAR 2011-2012
Sec. 101. Subject to the conditions set forth in this article,
the amounts listed in this part for the department of military and
veterans affairs are appropriated for the fiscal year ending
September 30, 2012 from the funds indicated in this part. The
following is a summary of the appropriations in this part:
DEPARTMENT OF MILITARY AND VETERANS AFFAIRS
APPROPRIATION SUMMARY
Full-time equated unclassified positions.......... 7.0
Full-time equated classified positions.......... 819.0
GROSS APPROPRIATION.................................... $ 152,483,500
Total interdepartmental grants and intradepartmental
transfers............................................ 1,152,800
Schedule of interdepartmental grant revenue sources:
IDG, challenge grant.......................... 152,800
IDG, community health......................... 100,000
IDG, state police............................. 900,000
ADJUSTED GROSS APPROPRIATION............................ $ 151,330,700
Total federal revenues................................. 87,678,000
Schedule of federal revenue sources:
DOD-DOA-NGB................................ 59,527,800
DVA-VHA ................................... 24,657,500
HHS-Medicare................................ 3,262,000
HHS-Medicaid.................................. 180,700
Federal counter narcotics revenues............. 50,000
Total local revenues................................... 744,800
Schedule of local revenue sources:
Local - school aid revenue.................... 744,800
Total private revenues................................. 1,423,300
Schedule of private revenue sources:
Private donations............................. 883,300
Private-veterans' home post and posthumous
funds........................................ 540,000
Total other state restricted revenues.................. 28,439,700
Schedule of restricted revenue sources:
Rental fees................................... 346,400
Mackinac bridge authority...................... 70,000
Test project fees............................. 100,000
Income and assessments..................... 21,857,800
Lease revenue.................................. 12,200
Michigan veterans trust fund................ 5,053,300
Michigan family relief fund................. 1,000,000
State general fund/general purpose..................... $ 33,044,900
Sec. 102. MILITARY
Full-time equated unclassified positions.......... 7.0
Full-time equated classified positions.......... 285.0
Military............................................... $ 54,119,800
GROSS APPROPRIATION.................................... $ 54,119,800
Appropriated from:
Interdepartmental grant revenues....................... 1,000,000
Federal revenues....................................... 38,523,900
State restricted revenues.............................. 884,500
State general fund/general purpose..................... $ 13,711,400
Schedule of programs:
Headquarters and armories.................. 11,363,300
Unclassified military personnel............... 665,000
Military appeals tribunal......................... 900
State active duty............................. 100,100
Homeland security........................... 1,000,000
Military training sites and support
facilities................................ 28,212,100
Military training site and support facilities test
projects..................................... 100,000
Departmentwide accounts..................... 1,861,300
Special maintenance – state................... 651,200
Special maintenance – federal............... 5,300,000
Military retirement......................... 3,784,100
Counter narcotic operations.................... 50,000
Information technology services and
projects................................... 1,031,800
Sec. 103. VETERANS AND COMMUNITY OUTREACH
Full-time equated classified positions........... 33.0
Veterans and community outreach........................ $ 15,402,100
GROSS APPROPRIATION.................................... $ 15,402,100
Appropriated from:
Interdepartmental grant revenues....................... 152,800
Federal revenues....................................... 4,728,000
Local revenues......................................... 744,800
Private revenues....................................... 883,300
State restricted revenues.............................. 5,653,300
State general fund/general purpose..................... $ 3,239,900
Schedule of programs:
Veterans advice, advocacy and assistance
grants..................................... 3,029,600
Veterans' affairs directorate administration.. 205,300
Veterans' trust fund administration......... 1,306,800
Veterans' trust fund grants................. 3,746,500
Michigan emergency volunteers................... 5,000
Challenge program........................... 4,186,900
Military family relief fund................... 600,000
Starbase grant.............................. 2,322,000
Sec. 104. HOMES
Full-time equated classified positions.......... 501.0
Homes.................................................. $ 66,261,600
GROSS APPROPRIATION.................................... $ 66,261,600
Appropriated from:
Federal revenues....................................... 27,726,100
Private revenues....................................... 540,000
State restricted revenues.............................. 21,901,900
State general fund/general purpose..................... $ 16,093,600
Schedule of programs:
Grand Rapids veterans' home................ 48,251,000
Board of managers............................. 665,000
D.J. Jacobetti veterans' home.............. 17,070,600
Board of managers............................. 275,000
Sec. 105. CAPITAL OUTLAY
Capital outlay......................................... $ 16,700,000
GROSS APPROPRIATION.................................... $ 16,700,000
Appropriated from:
Federal revenues....................................... 16,700,000
State general fund/general purpose..................... $ 0
Schedule of programs:
Special maintenance, remodeling and
additions................................. 15,000,000
Camp Grayling – light demolition range...... 1,700,000
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
FOR FISCAL YEAR 2011-2012
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 2011-2012 is $61,484,600.00 and state
spending from state resources to be paid to local units of
government for fiscal year 2011-2012 is $120,000.00. The itemized
statement below identifies appropriations from which spending to
local units of government will occur:
DEPARTMENT OF MILITARY AND VETERANS AFFAIRS
Military............................................... $ 70,000
Schedule of programs:
Payments in lieu of taxes.............................. 70,000
Veterans and community outreach........................ 50,000
Schedule of programs:
County counselor education and training expenses....... 50,000
TOTAL.................................................. $ 120,000
Sec. 202. The appropriations authorized under this article are
subject to the management and budget act, 1984 PA 431, MCL 18.1101
to 18.1594.
Sec. 203. As used in this article:
(a) "Department" means the department of military and veterans
affairs.
(b) "DOD" means the United States department of defense.
(c) "DOD-DOA-NGB" means the DOD department of the army,
national guard bureau.
(d) "DTMB" means the department of technology, management, and
budget.
(e) "DVA" means the United States department of veterans
affairs.
(f) "DVA-VHA" means the DVA veterans health administration.
(g) "IDG" means interdepartmental grant.
(h) "Work project" means, except as used in section 211, a
group of activities featuring a fixed duration, budget, and scope
that is expected to cause a measurable change in the delivery,
efficiency, or effectiveness of 1 or more operations.
(i) "Large veterans service organization" means a VSO that can
certify that its membership exceeds 30,000 individuals.
(j) "Medium veterans service organization" means a VSO that
can certify that its membership is between 2,500 and 30,000
individuals.
(k) "Small veterans service organization" means a VSO that can
certify that its membership is between 1,000 and 2,499 individuals.
(l) "VSO" means veterans service organization.
Sec. 204. The following shall constitute the appropriations
from part 1 for interdepartmental grant funds received by the
department from sources outside the department: $152,800.00 from
challenge grant; $100,000.00 from the department of community
health; and $900,000.00 from the department of state police.
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 this article 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 this article 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 this
article 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 this
article under section 393(2) of the management and budget act, 1984
PA 431, MCL 18.1393.
Sec. 207. (1) The department shall maintain a searchable
website accessible by the public at no cost that includes, but it
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.
(2) The department may develop and operate its own website to
provide this information or may reference the state's central
transparency website as the source for this information.
Sec. 208. Unless otherwise specified, the department shall use
the Internet to fulfill the reporting requirements of this article.
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 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. 210. The director of each department 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. 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. 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. (1) Due to the current budgetary problems in this
state, out-of-state travel for this fiscal year ending September
30, 2012 shall be limited to situations in which 1 or more of the
following conditions apply:
(a) The travel is required by legal mandate or court order or
for law enforcement purposes.
(b) The travel is necessary to protect the health or safety of
Michigan citizens or visitors or to assist other states in similar
circumstances.
(c) The travel is necessary to produce budgetary savings or to
increase state revenues, including protecting existing federal
funds or securing additional federal funds.
(d) The travel is necessary to comply with federal
requirements.
(e) The travel is necessary to secure specialized training for
staff that is not available within this state.
(f) The travel is financed entirely by federal or nonstate
funds.
(2) If out-of-state travel is necessary but does not meet 1 or
more of the conditions in subsection (1), the state budget director
may grant an exception to allow the travel. Any exceptions granted
by the state budget director shall be reported on a monthly basis
to the senate and house standing committees on appropriations.
Sec. 214. From the funds appropriated in part 1 for
information technology, departments and agencies shall pay user
fees to the department of technology, management, and budget for
technology-related services and projects. The user fees shall be
subject to provisions of an interagency agreement between the
department and agencies and the department of technology,
management, and budget.
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
article, the schedule of programs in part 1 lists programs which
may, but are not required to be, funded under this article.
(2) Notwithstanding any other provisions of this article, 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 211 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. (1) Any unused general fund/general purpose funds
for this fiscal year created through efficiencies and identified by
the department as potential lapsed funds shall be designated as the
department incentive pool balance, provided that all the
requirements of this part have been met.
(2) Any funds associated with any supplemental general
fund/general purpose fund requests for this fiscal year shall be
debited against this fiscal year's department incentive pool
balance if it does not meet 1 or more of the following criteria:
(a) The supplemental funds pertain to the addition of a new
core service.
(b) The supplemental funds pertain to the expansion of
existing service capacity beyond current fiscal year expectations.
(3) At the end of this fiscal year, if the incentive pool
balance is positive, the department incentive pool balance shall be
allocated as follows:
(a) Ten percent of the unused funds shall be allocated as work
project funds to be used in a manner that provides direct benefit
to department employees or their families within 12 months of the
end of this fiscal year.
(b) Forty percent of the unused funds shall be allocated as
work project funds to be used at the discretion of the department
for projects designed to improve service delivery.
(c) Fifty percent of the unused funds shall be lapsed to the
general fund/general purpose fund.
Sec. 219. (1) The department shall be available to meet on a
quarterly basis before the appropriate senate and house
appropriations subcommittee.
(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 corrective 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 core services on a quarterly basis to the senate
and house appropriations subcommittees.
(5) The department shall provide the following data to the
senate and house appropriations subcommittees:
(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, documented through the DTMB monthly
expenditure report as described in section 301(3) of this part.
(d) A list of projected armory closings from section 302(6) of
this part.
(e) A list of property sales as described in section 223 of
this part.
(6) The department shall provide a corrective action plan for
any service metrics that do not meet requirements. The department
shall provide a status of correction action plans at the next
quarterly review.
(7) The Grand Rapids and D.J. Jacobetti veterans' homes shall
provide to the appropriate house and senate appropriations
subcommittees the results of the veterans' homes annual veterans'
affairs inspection and their corrective action plans.
Sec. 220. The department shall provide the following data to
the appropriate senate and house appropriations subcommittees on an
annual basis:
(a) Using information received from the grant recipients in
section 401 of this part, a progress report on metric requirements,
copies of certified financial audits and tax reports of grant
recipients, a listing from grant recipients of expenditures by
spending category, including a listing of individual salaries of
each officer and administrative staff, a listing of volunteer hours
including the hours, series, and donations provided to residents of
the Grand Rapids veterans' home and the D.J. Jacobetti veterans'
home. The department shall provide within the report a specific
notification whether any veterans grant recipients failed to comply
with established reporting requirements.
(b) The Grand Rapids veterans' home and the D.J. Jacobetti
veterans' home shall produce a report including an accounting of
member populations and bed space available, a description and
accounting of services and activities provided to members,
financial information, and current state nursing home licensure
status.
(c) A detailed report of the Michigan veteran's trust fund
that includes information on grants provided from the emergency
grant program, including details concerning the methodology of
allocations, the selection of emergency grant program authorized
agents, and a detailed breakdown of trust fund expenditures for
that year. The report shall also provide an update on the
department's efforts to reduce program administrative costs and
maintain the Michigan veterans' trust fund corpus to its original
amount of at least $50,000,000.00.
Sec. 221. Grant recipients in section 401 of this part shall
submit a report to the department on the number of claims filed for
veterans in this state with the United States department of
veterans affairs and the number of actual claims awarded.
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:
armories and joint forces readiness, maintenance and operation of
army national guard training facilities, operation and maintenance
of air national guard air bases, veterans affairs directorate and
administration of the veterans trust fund, administration and
oversight of veterans advice, advocacy, and assistance grants,
training support for county veterans counselors, administration of
the military family relief fund, the Michigan youth challenge
academy program, and the administration of the Grand Rapids
veterans' home and the D.J. Jacobetti veterans' home.
Sec. 223. Sixty days prior to the public announcement of the
intention to sell any department property, the department shall
submit notification of that intent to the appropriate senate and
house appropriations subcommittees and the senate and house fiscal
agencies.
Sec. 224. The department shall consult with the house and
senate appropriations subcommittees on state police and military
and veterans affairs regarding the projected closing or
consolidation of any national guard armories.
Sec. 225. 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. 226. The department shall seek partnerships with United
States armed forces reserve units for the colocation of activities,
including sharing in the acquisition and costs for facilities.
Sec. 227. Bids for contract services shall not exclude public
employee unions from the bid process.
Sec. 228. Not later than November 15, the department 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, and the
senate and house fiscal agencies.
Sec. 229. Within 14 days after the release of the executive
budget recommendation, the department shall provide the state
budget director, the senate and house appropriations chairs, the
senate and house appropriations subcommittees on state police and
military and veterans affairs, 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, 2011 and September 30, 2012.
MILITARY
Sec. 301. (1) The department shall provide administrative
support for department operations.
(2) The department shall maintain the staffing and resources
necessary to ensure proper accountability of state funds.
(3) The department shall maintain the staffing and resources
necessary to adhere to the state of Michigan financial management
guide for accounting, contracting, purchasing, budgeting, and
financial reporting and the administrative guide to state
government.
(4) The department shall ensure fiscal controls relating to
procurement of goods and services and other expenditures.
Sec. 302. (1) The department shall operate and maintain
national guard armories.
(2) The department shall provide resources necessary to ensure
that armories are maintained in accordance with army regulation
210-4.
(3) The department shall evaluate armories for consolidation,
energy, and utility efficiency and identify work projects that
would improve this efficiency.
(4) The department shall provide armory equipment maintenance
by maintaining equipment and tracking and monitoring trends in
repair maintenance to determine whether a piece of equipment is to
be retired or kept.
(5) The department shall provide security for national guard
armories by ensuring that a passive electronic security system is
in place at all armories.
(6) The department shall consult with the house and senate
appropriations subcommittees on state police and military and
veterans affairs regarding the projected closing or consolidation
of any national guard armories.
(7) Using individual facility assessments, the department
shall improve the adequacy of utilities and infrastructure of the
armories. The department shall improve quality rating at the armory
facilities based on the number of faults corrected and dollars
available (spent) during the fiscal year.
Sec. 303. (1) The department shall provide army national guard
forces, when directed, for state and local emergencies and in
support of national military requirements.
(2) The department shall provide resources necessary to train
and equip military forces to standards set by the United States
armed forces.
Sec. 304. (1) The department shall operate and maintain army
national guard training facilities, including Fort Custer and Camp
Grayling.
(2) The department shall provide resources necessary to meet
building maintenance requirements per performance specifications
established in master cooperative agreement appendix 1, section
104, national guard bureau regulations.
(3) Army national guard training facilities security
management shall secure all locations, monitor alarm equipment, and
adhere to state laws, statutes, and army regulation 190-56 and
master cooperative agreement appendix 3, section 308, national
guard bureau regulations.
(4) Using individual facility assessments, the department
shall improve the adequacy of utilities and infrastructure of the
air bases. The department shall improve quality rating at the air
base facilities based on the number of faults corrected and dollars
available (spent) during the fiscal year.
Sec. 305. (1) The department shall provide air national guard
forces when directed, for state and local emergencies and in
support of national military requirements.
(2) The department shall provide resources necessary to train
and equip military forces to standards set by the United States
armed forces.
(3) Using individual facility assessments, the department
shall improve the adequacy of utilities and infrastructure of the
military training sites and support facilities. The department
shall improve quality rating at the facilities based on the number
of faults corrected and dollars available (spent) during the fiscal
year.
Sec. 306. (1) 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.
(2) The department shall provide resources necessary to meet
facility maintenance at air national guard bases, including
maintenance and preventive maintenance of authorized building and
systems at no less than the minimum standards required by
applicable federal, state, and local agencies.
(3) The department shall maintain the staffing and resources
necessary to provide security services at air national guard bases,
including the security of the location and the monitoring of alarm
equipment, in accordance with air force instruction 31-101 and
master cooperative agreement appendix 23, section 2308, national
guard bureau regulations.
VETERANS AND COMMUNITY OUTREACH
Sec. 401. (1) The department shall provide advice, advocacy,
and assistance services to Michigan veterans.
(2) The department shall maintain the staffing and resources
necessary to develop and operate a program that will provide
benefits counseling and representation to veterans of this state
for the purpose of assisting veterans to obtain United States
department of veteran affairs health, financial, and memorial
benefits for which they are eligible.
(3) The department shall create a 5-member advisory board
consisting of presidents/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 by the department, and have the
following duties:
(a) Assist the department in establishing criteria for grant
awards. The department, while utilizing advice provided by the
board in establishing grant criteria, is solely responsible for
determination of the amounts and recipients of the grants.
(b) Serve as a liaison between the grant recipients, the
department, and the legislature.
(c) Assist the department in developing plans, reviewing
service delivery, and identifying goals to better assist veterans
in applying for and receiving benefits from the federal, state, and
local governments.
(d) Provide a forum regarding veterans' issues, including
suggesting changes in department programs that address veterans'
changing needs.
(4) Of the appropriation in part 1 for veterans advice,
advocacy, and assistance, grants shall be distributed by the
department in the form of 5 grants for the period beginning October
1, 2011, including 1 specialized grant. The specialized grant shall
be awarded to a group specializing in advocacy for paralyzed
veterans.
(5) Money used for grants shall be used only for salaries,
wages, related personnel costs, in-state training, and equipment
for accredited veteran service advocacy officers and necessary
support and managerial staff.
(6) The department shall take steps to improve the
coordination of veterans' benefits counseling in the state to
maximize the effective and efficient use of taxpayer dollars in
this goal and to ensure that every veteran is served.
(7) The department shall increase its responsibility in the
administration, management, oversight, and outreach of the delivery
of services to veterans by working with grant recipients, the
veterans advisory board, county veterans counselors, and
representatives from the Michigan veterans trust fund to identify,
implement, and evaluate steps to do all the following:
(a) Maximize the coordination between all organizations that
assist veterans and identify areas of redundancy in services to
consolidate.
(b) Increase the percentage of veterans in this state who
become aware of their eligibility for service-connected disability
or pension benefits from the United States department of veterans
affairs.
(c) Improve national standing with regard to veterans affairs
benefits granted per veteran.
(d) Expand training opportunities for veteran service
organization service officers.
(e) Increase the percentage of veterans in this state who
become aware of their eligibility for enrollment in the veterans
affairs health care system.
(f) Publicize the availability, benefit, and value of burial
in the Fort Custer and Great Lakes national cemeteries.
Sec. 402. (1) The Michigan veterans' trust fund board together
with the department shall provide emergency grants for disbursement
from the Michigan veterans' trust fund.
(2) The Michigan veterans' trust fund board together with the
department shall maintain the staffing and resources necessary to
provide outreach to veterans who may need and qualify for veterans
trust fund emergency grants.
(3) The Michigan veterans' trust fund board shall work to
increase the percentage of grant applications that are approved and
received by eligible families by 5% over those approved and
received by eligible families in fiscal year 2009-2010.
Sec. 403. (1) The department shall provide grants for
disbursement from the military family relief fund.
(2) The department shall maintain the staffing and resources
necessary to provide outreach to the Michigan families of active
members of the armed forces.
(3) The department shall work to increase the percentage of
military family relief grant applications that are approved and
received by eligible families by 5% over those approved and
received by eligible families in fiscal year 2009-2010.
Sec. 404. (1) The department shall provide training support
for county veterans counselors.
(2) The department shall provide resources necessary to
provide county veterans counselors with training to ensure quality
services to veterans.
(3) The department shall work with counties towards the goal
of having at least 1 county veterans counselor in every county in
this state.
(4) The Michigan veterans' affairs directorate administration
and the Michigan veterans' trust fund administration shall take
steps to assist the county veterans counselors of this state to
obtain training necessary for the execution of their duties.
Sec. 405. (1) The department shall maintain the Michigan youth
challenge academy to provide values, skills, education, and self-
discipline instruction for at-risk youth.
(2) The department shall maintain the staffing and resources
necessary to recruit and train a starting class size of 144 cadets.
(3) The department shall provide food services for cadets
enrolled in the Michigan youth challenge academy which shall
include 3 balanced meals a day in accordance with current dietary
guidelines for Americans and the daily food guide of the United
States department of agriculture.
(4) The department shall ensure that at least 65% of the
cadets who enroll in the Michigan youth challenge academy meet the
requirement for graduation from the academy.
(5) The department shall ensure that at least 65% of the
cadets who enroll in Michigan youth challenge academy take the
general educational development exam and that at least 70% of those
taking the exam earn a passing grade.
(6) The department shall ensure that less than 3% of cadets
who enroll in the Michigan youth challenge academy enter the
correctional system within 5 years of graduation from the academy.
(7) The department shall take steps to recruit candidates to
the challenge program from economically disadvantaged areas,
including those with low-income and high-unemployment backgrounds.
(8) The department shall partner with the department of human
services to identify youth who may be eligible for the challenge
program from those youth served by department of human series
programs. These eligible youth shall be given priority for
enrollment in the program.
(9) The funds appropriated in this article for private
donations to the Michigan youth challenge program shall be
considered state restricted revenue, and unexpended funds remaining
at the close of the fiscal year shall not lapse to the general fund
but shall be carried forward to the subsequent fiscal year.
HOMES
Sec. 501. (1) The department shall provide compassionate,
quality interdisciplinary care at the state's Grand Rapids and D.J.
Jacobetti veterans' homes so that members can achieve their highest
potential of wellness, independence, self-worth, and dignity.
(2) The department shall provide resources necessary to
provide adequate nursing care services to veterans in accordance
with federal standards, including the following:
(a) A licensed maximum capacity of skilled nursing beds of 618
at the Grand Rapids veterans' home.
(b) A licensed maximum capacity of domiciliary beds of 140 at
the Grand Rapids veterans' home.
(c) A licensed maximum capacity of skilled nursing beds of 182
at the D.J. Jacobetti veterans' home.
(d) A licensed maximum capacity of domiciliary beds of 59 at
the D.J. Jacobetti veterans' home.
(3) The Grand Rapids and D.J. Jacobetti veterans' homes shall
ensure that their medical staffing is in accordance with United
States department of veterans administration standards.
(4) The Grand Rapids and D.J. Jacobetti veterans' homes shall
ensure that transportation is assured for each resident for every
medical appointment outside the veterans' home.
(5) The Grand Rapids and D.J. Jacobetti veterans' homes shall
ensure that each member resident receives daily laundry service.
(6) The Grand Rapids and D.J. Jacobetti veterans' homes shall
ensure that maintenance and custodial services are provided for
each home in accordance with applicable local, state, and federal
standards.
(7) The Grand Rapids and D.J. Jacobetti veterans' homes 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 the United States
department of veterans administration rule 325.20803.
(8) The money appropriated in this article for the boards of
managers may be expended for facility improvements, the purchase
and repair of equipment and furnishings, member services, and other
purposes that benefit the Grand Rapids and D.J. Jacobetti veterans'
homes.
(9) Appropriations in this article for the Grand Rapids and
D.J. Jacobetti veterans' homes shall not be used for any purpose
other than for veterans and veterans' families.
(10) The department shall, prior to altering the spending plan
by the board of managers of post and posthumous funds, report to
the appropriate senate and house appropriations subcommittees 30
days prior to that action and shall indicate the rationale for that
decision.
(11) Any contractor providing competency evaluated nursing
assistants (CENA) to the Grand Rapids and D.J. Jacobetti veterans'
homes shall ensure that each CENA has at least 8 hours of training
on information provided by the veterans' home.
(12) Any contractor providing competency evaluated nursing
assistants to the Grand Rapids and D.J. Jacobetti veterans' homes
shall ensure that each CENA has at least 1 eight-hour shift of
shadowing at the veterans' home.
(13) Any contractor providing competency evaluated nursing
assistants to the Grand Rapids and D.J. Jacobetti veterans' homes
shall ensure that each CENA is competent in the basic skills needed
to perform his or her assigned duties at the veterans' home.
(14) Any contractor providing competency evaluated nursing
assistants to the Grand Rapids and D.J. Jacobetti veteran's homes
shall ensure that each CENA has at least 1 year of experience in
long-term care.
(15) The Grand Rapids and D.J. Jacobetti veterans' homes shall
provide each CENA at least 12 hours of in-service training once
that individual has been assigned to the veterans' home.
(16) The Grand Rapids and D.J. Jacobetti veterans' homes shall
ensure that care services are provided to each resident of the
veterans' homes in accordance with standards set by the United
States department of veterans' affairs.
CAPITAL OUTLAY
Sec. 601. (1) The director shall allocate lump-sum
appropriations made in this article 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. 602. 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.
PART 2A
PROVISIONS CONCERNING ANTICIPATED APPROPRIATIONS
FOR FISCAL YEAR 2012-2013
GENERAL SECTIONS
Sec. 1201. It is the intent of the legislature to provide
appropriations for the fiscal year ending on September 30, 2013 for
the line items listed in part 1. The fiscal year 2012-2013
appropriations are anticipated to be the same as those for fiscal
year 2011-2012, 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 2012 consensus revenue estimating
conference.
ARTICLE XIV
DEPARTMENT OF NATURAL RESOURCES
PART 1
LINE-ITEM APPROPRIATIONS
Sec. 101. Subject to the conditions set forth in this article,
the amounts listed in this part are appropriated for the department
of natural resources for the fiscal year ending September 30, 2012,
from the funds indicated in this part. The following is a summary
of the appropriations in this part:
DEPARTMENT OF NATURAL RESOURCES
APPROPRIATION SUMMARY
Full-time equated unclassified positions.......... 6.0
Full-time equated classified positions........ 2,173.4
GROSS APPROPRIATION.................................... $ 330,195,800
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 1,935,000
ADJUSTED GROSS APPROPRIATION........................... $ 328,260,800
Federal revenues:
Total federal revenues................................. 69,319,800
Special revenue funds:
Total private revenues................................. 2,842,400
Total other state restricted revenues.................. 242,267,400
State general fund/general purpose..................... $ 13,831,200
FUND SOURCE SUMMARY
Full-time equated unclassified positions.......... 6.0
Full-time equated classified positions........ 2,173.4
GROSS APPROPRIATION.................................... $ 330,195,800
Interdepartmental grant revenues:
IDG, land acquisition services to work orders.......... 415,800
IDG, MacMullan conference center revenue............... 1,519,200
Total interdepartmental grants and intradepartmental
transfers............................................ 1,935,000
ADJUSTED GROSS APPROPRIATION........................... $ 328,260,800
Federal revenues:
Federal funds.......................................... 69,319,800
Total federal revenues................................. 69,319,800
Special revenue funds:
Private funds.......................................... 2,842,400
Total private revenues................................. 2,842,400
Aircraft fees.......................................... 284,800
Cervidae licensing and inspection fees................. 124,100
Clean Michigan initiative fund......................... 26,800
Commercial forest fund................................. 59,400
Forest development fund................................ 34,829,300
Forest land user charges............................... 656,600
Forest recreation account.............................. 2,147,000
Game and fish protection fund.......................... 63,371,400
Game and fish protection fund - deer habitat reserve... 2,682,100
Game and fish protection fund - fisheries settlement... 937,600
Game and fish protection fund - turkey permit fees..... 1,530,800
Game and fish protection fund - waterfowl fees......... 117,100
Game and fish - wildlife resource protection fund...... 1,147,600
Game and fish protection fund - youth hunting and
fishing education and outreach fund.................. 54,600
History fees fund...................................... 373,900
Land exchange facilitation fund........................ 5,882,700
Local public recreation facilities fund................ 857,000
Mackinac Island state park fund........................ 1,746,800
Mackinac Island state park operation fund.............. 182,600
Marine safety fund..................................... 3,914,500
Michigan heritage publications fund.................... 51,100
Michigan natural resources trust fund.................. 979,000
Michigan state parks endowment fund.................... 25,772,300
Michigan state waterways fund.......................... 23,617,700
Michigan trailways fund................................ 30,900
Museum operations fund................................. 549,000
Nongame wildlife fund.................................. 744,700
Off-road vehicle safety education fund................. 311,700
Off-road vehicle trail improvement fund................ 3,959,200
Park improvement fund.................................. 45,859,700
Permanent snowmobile trail easement fund............... 700,000
Public use and replacement deed fees................... 49,900
Recreation improvement account......................... 1,510,300
Recreation passport fees............................... 5,264,300
Snowmobile registration fee revenue.................... 1,754,100
Snowmobile trail improvement fund...................... 10,135,700
Sportsmen against hunger fund.......................... 51,100
Total other state restricted revenues.................. 242,267,400
State general fund/general purpose..................... $ 13,831,200
Sec. 102. EXECUTIVE OPERATIONS
Full-time equated unclassified positions.......... 6.0
Full-time equated classified positions........... 10.0
Natural resources commission........................... $ 79,500
Unclassified salaries--6.0 FTE positions............... 315,500
Executive direction and citizen advisory
councils--10.0 FTE positions......................... 1,700,600
GROSS APPROPRIATION.................................... $ 2,095,600
Appropriated from:
Special revenue funds:
Forest development fund................................ 307,000
Forest land user charges............................... 5,800
Forest recreation account.............................. 9,800
Game and fish protection fund.......................... 772,700
Game and fish protection fund - deer habitat reserve... 24,100
Game and fish protection fund - turkey permit fees..... 9,100
Game and fish protection fund - waterfowl fees......... 700
Game and fish protection fund - wildlife resource
protection fund...................................... 9,100
Land exchange facilitation fund........................ 16,200
Marine safety fund..................................... 17,700
Michigan natural resources trust fund.................. 1,000
Michigan state parks endowment fund.................... 147,100
Michigan state waterways fund.......................... 133,800
Nongame wildlife fund.................................. 3,200
Off-road vehicle trail improvement fund................ 35,300
Park improvement fund.................................. 328,600
Recreation improvement account......................... 2,800
Snowmobile registration fee revenue.................... 6,100
Snowmobile trail improvement fund...................... 19,200
State general fund/general purpose..................... $ 246,300
Sec. 103. GREAT LAKES RESTORATION INITIATIVE
Great Lakes restoration initiative..................... $ 10,000,000
GROSS APPROPRIATION.................................... $ 10,000,000
Appropriated from:
Federal revenues:
Federal funds.......................................... 10,000,000
State general fund/general purpose..................... $ 0
Sec. 104. DEPARTMENT SUPPORT SERVICES
Full-time equated classified positions.......... 126.2
Central support services--119.2 FTE positions.......... $ 15,012,500
Accounting service center.............................. 1,348,500
Science and policy--7.0 FTE positions.................. 703,700
Building occupancy charges............................. 3,115,400
Rent - privately owned property........................ 488,400
Gifts and bequests..................................... 500,000
GROSS APPROPRIATION.................................... $ 21,168,500
Appropriated from:
Interdepartmental grant revenues:
IDG, land acquisition services to work orders.......... 415,800
Federal revenues:
Federal funds.......................................... 214,900
Special revenue funds:
Private funds.......................................... 500,000
Clean Michigan initiative fund......................... 26,800
Forest development fund................................ 2,784,300
Forest land user charges............................... 22,700
Forest recreation account.............................. 47,100
Game and fish protection fund.......................... 4,531,500
Game and fish protection fund - deer habitat reserve... 291,800
Game and fish protection fund - turkey permit fees..... 126,700
Game and fish protection fund - waterfowl fees......... 2,100
Game and fish protection fund - wildlife resource
protection fund...................................... 36,700
Land exchange facilitation fund........................ 5,704,200
Marine safety fund..................................... 365,400
Michigan natural resources trust fund.................. 958,000
Michigan state parks endowment fund.................... 539,800
Michigan state waterways fund.......................... 564,400
Nongame wildlife fund.................................. 19,600
Off-road vehicle trail improvement fund................ 25,100
Park improvement fund.................................. 1,331,200
Public use and replacement deed fees................... 49,900
Recreation improvement account......................... 23,700
Snowmobile registration fee revenue.................... 44,700
Snowmobile trail improvement fund...................... 195,400
State general fund/general purpose..................... $ 2,346,700
Sec. 105. COMMUNICATION AND CUSTOMER SERVICES
Full-time equated classified positions.......... 129.3
Marketing, education and technology--78.3 FTE
positions............................................ $ 13,368,200
Historical administration and services--36.0 FTE
positions............................................ 3,958,200
Archives--8.0 FTE positions............................ 800,100
Museum stores--6.0 FTE positions....................... 549,000
Special programs (Mann house)--1.0 FTE positions....... 113,300
GROSS APPROPRIATION.................................... $ 18,788,800
Appropriated from:
Federal revenues:
Federal funds.......................................... 2,072,200
Special revenue funds:
Private funds.......................................... 650,100
Forest development fund................................ 122,600
Forest recreation account.............................. 15,400
Game and fish protection fund.......................... 8,261,900
Game and fish protection fund - youth hunting and
fishing education and outreach fund.................. 49,800
History fees fund...................................... 373,900
Land exchange facilitation fund........................ 42,600
Marine safety fund..................................... 32,800
Michigan heritage publications fund.................... 51,100
Michigan state parks endowment fund.................... 82,600
Michigan state waterways fund.......................... 136,100
Museum operations fund................................. 549,000
Nongame wildlife fund.................................. 11,300
Off-road vehicle safety education fund................. 54,100
Off-road vehicle trail improvement fund................ 20,400
Park improvement fund.................................. 2,406,400
Recreation passport fees............................... 21,900
Snowmobile registration fee revenue.................... 65,100
Snowmobile trail improvement fund...................... 42,100
Sportsmen against hunger fund.......................... 51,100
State general fund/general purpose..................... $ 3,676,300
Sec. 106. WILDLIFE MANAGEMENT
Full-time equated classified positions.......... 206.0
Wildlife management--197.0 FTE positions............... $ 28,619,900
Natural resources heritage--9.0 FTE positions.......... 1,178,000
State game and wildlife area maintenance............... 750,000
GROSS APPROPRIATION.................................... $ 30,547,900
Appropriated from:
Federal revenues:
Federal funds.......................................... 14,971,100
Special revenue funds:
Private funds.......................................... 168,700
Cervidae licensing and inspection fees................. 76,000
Forest development fund................................ 69,400
Game and fish protection fund.......................... 9,435,800
Game and fish protection fund - deer habitat reserve... 2,167,800
Game and fish protection fund - turkey permit fees..... 1,323,900
Game and fish protection fund - waterfowl fees......... 106,200
Nongame wildlife fund.................................. 662,600
State general fund/general purpose..................... $ 1,566,400
Sec. 107. FISHERIES MANAGEMENT
Full-time equated classified positions.......... 232.0
Aquatic resource mitigation--2.0 FTE positions......... $ 937,600
Fish production--60.0 FTE positions.................... 8,892,400
Fisheries resource management--170.0 FTE positions..... 19,882,700
Cormorant population mitigation program................ 100,000
GROSS APPROPRIATION.................................... $ 29,812,700
Appropriated from:
Federal revenues:
Federal funds.......................................... 11,459,600
Special revenue funds:
Private funds.......................................... 120,400
Game and fish protection fund.......................... 17,295,100
Game and fish protection fund - fisheries settlement... 937,600
State general fund/general purpose..................... $ 0
Sec. 108. LAW ENFORCEMENT
Full-time equated classified positions.......... 228.0
General law enforcement--228.0 FTE positions........... $ 29,118,700
GROSS APPROPRIATION.................................... $ 29,118,700
Appropriated from:
Federal revenues:
Federal funds.......................................... 5,338,900
Special revenue funds:
Cervidae licensing and inspection fees................. 48,100
Forest recreation account.............................. 65,200
Game and fish protection fund.......................... 17,804,100
Game and fish protection fund - wildlife resource
protection fund...................................... 1,050,200
Marine safety fund..................................... 1,433,600
Off-road vehicle safety education fund................. 87,400
Off-road vehicle trail improvement fund................ 1,065,100
Park improvement fund.................................. 65,200
Snowmobile registration fee revenue.................... 908,700
State general fund/general purpose..................... $ 1,252,200
Sec. 109. RECREATION DIVISION
Full-time equated classified positions.......... 809.9
MacMullan conference center--15.0 FTE positions........ $ 1,519,200
Recreational boating--163.5 FTE positions.............. 15,905,000
State parks--631.4 FTE positions....................... 52,705,700
State parks improvement revenue bonds - debt service... 1,153,700
GROSS APPROPRIATION.................................... $ 71,283,600
Appropriated from:
Interdepartmental grant revenues:
IDG, MacMullan conference center revenue............... 1,519,200
Federal revenues:
Federal funds.......................................... 125,900
Special revenue funds:
Private funds.......................................... 380,900
Michigan state parks endowment fund.................... 12,486,000
Michigan state waterways fund.......................... 15,905,000
Off-road vehicle trail improvement fund................ 210,700
Park improvement fund.................................. 40,413,500
Recreation passport fees............................... 242,400
State general fund/general purpose..................... $ 0
Sec. 110. MACKINAC ISLAND STATE PARK COMMISSION
Full-time equated classified positions........... 37.0
Historical facilities system--15.0 FTE positions....... $ 1,746,800
Mackinac Island state park operations--22.0 FTE
positions............................................ 182,600
GROSS APPROPRIATION.................................... $ 1,929,400
Appropriated from:
Special revenue funds:
Mackinac Island state park fund........................ 1,746,800
Mackinac Island state park operation fund.............. 182,600
State general fund/general purpose..................... $ 0
Sec. 111. FOREST MANAGEMENT DIVISION
Full-time equated classified positions.......... 395.0
Adopt-a-forest program................................. $ 25,000
Cooperative resource programs--12.0 FTE positions...... 1,134,700
Forest management and timber market
development--177.0 FTE positions..................... 23,520,500
Forest fire equipment.................................. 431,500
Wildfire protection--122.0 FTE positions............... 12,474,800
Forest management initiatives--10.0 FTE positions...... 844,800
Forest recreation--48.0 FTE positions.................. 5,338,900
Minerals management--26.0 FTE positions................ 3,056,100
GROSS APPROPRIATION.................................... $ 46,826,300
Appropriated from:
Federal revenues:
Federal funds.......................................... 3,053,900
Special revenue funds:
Private funds.......................................... 922,300
Aircraft fees.......................................... 284,800
Commercial forest fund................................. 54,600
Forest development fund................................ 29,037,100
Forest land user charges............................... 577,700
Forest recreation account.............................. 1,855,900
Game and fish protection fund.......................... 1,829,700
Michigan state parks endowment fund.................... 2,278,000
Michigan state waterways fund.......................... 470,200
Michigan trailways fund................................ 30,900
Off-road vehicle safety education fund................. 6,600
Off-road vehicle trail improvement fund................ 638,100
Recreation improvement account......................... 356,600
Snowmobile registration fee revenue.................... 15,600
Snowmobile trail improvement fund...................... 1,759,500
State general fund/general purpose..................... $ 3,654,800
Sec. 112. GRANTS
Federal - clean vessel act grants...................... $ 400,000
Federal - forest stewardship grants.................... 3,125,000
Federal - land and water conservation fund payments.... 2,566,900
Federal - rural community fire protection.............. 300,000
Federal - urban forestry grants........................ 3,024,000
Grants to communities - federal oil, gas, and timber
payments............................................. 3,450,000
National recreational trails........................... 3,900,000
Game and nongame wildlife fund grants.................. 10,000
Grant to counties - marine safety...................... 3,647,400
Off-road vehicle safety training grants................ 150,000
Off-road vehicle trail improvement grants.............. 1,953,500
Recreation improvement fund grants..................... 1,100,000
Recreation passport local grants....................... 857,000
Snowmobile law enforcement grants...................... 673,000
Snowmobile local grants program........................ 8,004,000
Trail easements........................................ 700,000
Deer habitat improvement partnership initiative........ 50,000
GROSS APPROPRIATION.................................... $ 33,910,800
Appropriated from:
Federal revenues:
Federal funds.......................................... 18,333,300
Special revenue funds:
Private funds.......................................... 100,000
Game and fish protection fund - deer habitat reserve... 50,000
Local public recreation facilities fund................ 857,000
Marine safety fund..................................... 1,980,000
Nongame wildlife fund.................................. 10,000
Off-road vehicle safety education fund................. 150,000
Off-road vehicle trail improvement fund................ 1,953,500
Permanent snowmobile trail easement fund............... 700,000
Recreation improvement account......................... 1,100,000
Snowmobile registration fee revenue.................... 673,000
Snowmobile trail improvement fund...................... 8,004,000
State general fund/general purpose..................... $ 0
Sec. 113. INFORMATION TECHNOLOGY
Information technology services and projects........... $ 9,633,500
GROSS APPROPRIATION.................................... $ 9,633,500
Appropriated from:
Special revenue funds:
Commercial forest fund................................. 4,800
Forest development fund................................ 1,708,900
Forest land user charges............................... 50,400
Forest recreation account.............................. 53,600
Game and fish protection fund.......................... 3,440,600
Game and fish protection fund - deer habitat reserve... 148,400
Game and fish protection fund - turkey permit fees..... 71,100
Game and fish protection fund - waterfowl fees......... 8,100
Game and fish protection fund - wildlife resource
protection fund...................................... 51,600
Game and fish protection fund - youth hunting and
fishing education and outreach fund.................. 4,800
Land exchange facilitation fund........................ 119,700
Marine safety fund..................................... 85,000
Michigan natural resources trust fund.................. 20,000
Michigan state parks endowment fund.................... 738,800
Michigan state waterways fund.......................... 478,200
Nongame wildlife fund.................................. 38,000
Off-road vehicle safety education fund................. 13,600
Off-road vehicle trail improvement fund................ 11,000
Park improvement fund.................................. 1,314,800
Recreation improvement account......................... 27,200
Snowmobile registration fee revenue.................... 40,900
Snowmobile trail improvement fund...................... 115,500
State general fund/general purpose..................... $ 1,088,500
Sec. 114. CAPITAL OUTLAY
(a) STATE PARK AND FOREST AREA IMPROVEMENTS
State parks repair and maintenance..................... $ 14,500,000
Forest roads, bridges, and facilities.................. 900,000
GROSS APPROPRIATION.................................... $ 15,400,000
Appropriated from:
Special revenue funds:
Forest development fund................................ 800,000
Forest recreation account.............................. 100,000
Michigan state parks endowment fund.................... 9,500,000
Recreation passport fees............................... 5,000,000
State general fund/general purpose..................... $ 0
(b) WATERWAYS BOATING PROGRAM
Infrastructure improvements - local projects........... $ 480,000
Infrastructure improvements - state projects........... 1,950,000
Field initiatives - routine maintenance, paving,
small-scale projects at state facilities............. 600,000
Land acquisition - acquire land for future boating
access site development.............................. 400,000
Boating program, state boating access projects:
South Higgins Lake, Roscommon County, new entrance,
launch ramp, maneuver area, parking and traffic
flow improvements (total authorized cost
$1,000,000; federal share $750,000, state share
$250,000)............................................ 1,000,000
Cass Lake, Oakland County, parking improvements,
maneuver area, launch ramp/road traffic flow
improvements (total authorized cost $2,000,000;
federal share $1,500,000; state share $500,000)...... 2,000,000
Boating program, harbors and docks, state facilities:
East Tawas, Iosco County, harbor renovation, dock
replacements, dredging, fueling station, new
electrical/utilities, phase I (total authorized
cost $1,000,000; state share $1,000,000)............. 1,000,000
Fayette, Delta County, replace and expand existing
dock, phase I (total authorized cost $400,000;
federal share $300,000, state share $100,000)........ 400,000
Boating program, harbors and docks, local facilities:
Cedarville, Mackinac County, dredging, steel sheet
piling, parking improvements, launch ramps, docks,
updated electrical/utilities, service building
(total authorized cost $2,040,000; state share
$1,020,000; local share $1,020,000).................. 1,020,000
Manistique, Schoolcraft County, marina improvements,
new docks, new service building, phase I (total
authorized cost $1,660,000; state share $830,000;
local share $830,000)................................ 830,000
GROSS APPROPRIATION.................................... $ 9,680,000
Appropriated from:
Federal revenues:
Federal funds.......................................... 3,750,000
Special revenue funds:
Michigan state waterways fund.......................... 5,930,000
State general fund/general purpose..................... $ 0
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
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 2011-2012 is $256,098,600.00 and state
spending from state resources to be paid to local units of
government for fiscal year 2011-2012 is $6,550,000.00. The itemized
statement below identifies appropriations from which spending to
local units of government will occur:
DEPARTMENT OF NATURAL RESOURCES
GRANTS
Grants to counties – marine safety..................... $ 1,980,000
Off-road vehicle safety training grants................ 150,000
Off-road vehicle trail improvement grants.............. 450,000
Recreation improvement fund grants..................... 110,000
Recreation passport local grants....................... 857,000
Snowmobile law enforcement grants...................... 673,000
CAPITAL OUTLAY
Waterways boating program.............................. $ 2,330,000
TOTAL.................................................. $ 6,550,000
Sec. 202. The appropriations authorized under this article are
subject to the management and budget act, 1984 PA 431, MCL 18.1101
to 18.1594.
Sec. 203. As used in this article:
(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. The civil service commission shall bill the
department 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. Unless otherwise specified, the department shall use
the Internet to fulfill the reporting requirements of this article.
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............................ $ 22,000
Attorney general....................................... 797,100
Department of technology, management, and budget....... 408,500
Department of treasury................................. 1,201,500
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, 2012.
Sec. 208. From the funds appropriated in part 1 for
information technology, departments and agencies shall pay user
fees to the department of technology, management, and budget for
technology-related services and projects. The user fees shall be
subject to provisions of an interagency agreement between the
department and agencies and the department of technology,
management, and budget.
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 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 $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 this article 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 this article 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 this
article 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 this
article under section 393(2) of the management and budget act, 1984
PA 431, MCL 18.1393.
Sec. 216. 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. 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. 220. Not later than November 15, the department 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 of representatives standing committees on
appropriations, and the senate and house fiscal agencies.
Sec. 222. Within 14 days after the release of the executive
budget recommendation, the department shall provide the state
budget director, the senate and house appropriations chairs, the
senate and house appropriations subcommittees on natural resources,
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, 2011 and
September 30, 2012.
Sec. 223. Before January 31, 2012, 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 2010-2011, including the county and
municipality in which each project is located.
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. (1) The department shall 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.
(2) The department may develop and operate its own website to
provide this information or may reference the state's central
transparency website as the source for this information.
Sec. 235. The department shall not expend more than $10,000.00
from the appropriations in part 1 to implement the requirements of
section 234.
EXECUTIVE OPERATIONS AND DEPARTMENT SUPPORT
Sec. 301. The department may charge the appropriations
contained in part 1, including all special maintenance and capital
projects appropriated for the fiscal year ending September 30,
2012, for engineering services provided, a standard percentage fee
to recover actual costs. The department may use the revenue derived
to support the engineering services charges provided for in part 1.
Sec. 302. The department may charge land acquisition projects
appropriated for the fiscal year ending September 30, 2012, 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.
Sec. 304. 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. 305. 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. 306. As appropriated in part 1, funds collected by the
department for historical markers; document reproduction and
services; conferences, admissions, workshops, and training classes;
and the use of specialized equipment, facilities, exhibits,
collections, and software shall be used for expenses necessary to
provide the required services. The department may charge fees for
the aforementioned services, including admission fees. It is the
intent of the legislature that if sufficient revenues are
available, as a condition of the expenditure of revenue from
admission fees to the Michigan historical museum, admission to the
museum shall be free for children under 18 years of age. The
department may accept voluntary admissions contributions of $2.00
for children under 18 years of age. Any unexpended funds may be
carried forward into the next succeeding fiscal year.
Sec. 308. By October 21, 2011, 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, 2011. 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. 309. By January 1, 2012, 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. 402. It is the intent of the legislature that, from the
funds appropriated in part 1, the department shall reimburse the
department of agriculture and rural development for costs incurred
for indemnification payments for livestock losses caused by wolves,
coyotes, or cougars under the animal industry act, 1988 PA 466, MCL
287.701 to 287.746.
FISHERIES DIVISION
Sec. 501. (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. 502. As a condition of expenditure of fisheries
management appropriations under part 1, the department of natural
resources shall not impede the certification process for water
control structures on Michigan waterways. The department of natural
resources shall fund from funds appropriated in part 1 all non-
water-quality studies or requirements that the department requests
of either of the following:
(a) The department of environmental quality as a condition for
issuance of a certification under 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.
RECREATION DIVISION
Sec. 601. Pursuant to section 1902(2) of the natural resources
and environmental protection act, 1994 PA 451, MCL 324.1902, there
is appropriated from the Michigan natural resources trust fund to
the Michigan state parks endowment fund an amount not to exceed
$10,000,000.00 for the fiscal year ending September 30, 2012.
Sec. 602. 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 MANAGEMENT DIVISION
Sec. 701. In addition to the funds appropriated in part 1,
$350,000.00 is appropriated to the department to cover costs
related to any declared emergency involving the collapse of any
abandoned mine shaft located on state land. This appropriation
shall not be expended unless the state budget director recommends
the expenditure and the department notifies the house and senate
committees on appropriations.
Sec. 702. 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 2012, 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 2011 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. 703. In addition to the money appropriated in this
article, 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, 2012.
Sec. 704. The department shall continue to work cooperatively
with horseback riding interests to maximize riding opportunities in
the state.
Sec. 705. 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 702.
Sec. 706. It is the intent of the legislature that forest
campgrounds proposed for closure by the department will be open and
accessible to the general public.
Sec. 707. The department shall complete the development of a
strategic plan to incorporate selected state forest campgrounds
into the state park system as mini-state parks in order to qualify
them for funding under section 2045 of the natural resources and
environmental protection act, 1994 PA 451, MCL 324.2045, from state
recreation passport revenue. Both currently open and closed
campgrounds shall be included in the strategic plan. To fully
develop this program and to test its viability throughout the
state, the department shall finish designing and implementing a
pilot program that includes 6 forest campgrounds selected on a
broad geographical basis from those forest campgrounds closed by
Executive Order No. 2009-22. In making the selection for the pilot
program, the department shall select 3 forest campgrounds from the
Upper Peninsula and 3 from the Lower Peninsula. The department
shall report to the house and senate appropriations subcommittees
on natural resources and the house and senate fiscal agencies by
October 31, 2011 on the design of the pilot program, the status of
the plan's implementation, and any additional state forest
campground closures that are planned for fiscal year 2011-2012 or
have occurred since the issuance of Executive Order No. 2009-22.
Sec. 710. The department shall provide a report on the
wildfire protection use of department aircraft to the house and
senate appropriations subcommittees on natural resources and the
house and senate fiscal agencies by December 1, 2011. The report
shall include the following information for the preceding fiscal
year: how many airplanes the department owns, how much the
airplanes cost annually, which DNR divisions used the aircraft
throughout the year, how many wildfires occurred in which the
aircraft were used to help provide detection, surveillance, or
suppression support, and how many flight hours were logged for the
fleet in that year.
LAW ENFORCEMENT
Sec. 801. 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. 802. 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, 2011. 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. 901. 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, 2011, 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, 2011.
Sec. 902. 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. 1001. The appropriation made in this article 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. 1002. (1) The director of the department shall allocate
lump-sum appropriations to the department made in this article
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. 1003. 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. 1004. Upon receiving notification that necessary permits
have been obtained, the department shall fund a capital outlay
project to construct a breakwall at the Grand Marais harbor
according to a plan to be prepared by Burt Township. The project
has an estimated completion cost of $7,000,000.00 and an estimated
completion date of September 30, 2015.
ONE-TIME BASIS ONLY
Sec. 1101. For the state fiscal year ending September 30,
2012, there is appropriated from general fund/general purpose
revenue, on a 1-time basis only, $4,000,000.00 for the Grand Marais
harbor capital outlay project provided for in section 1004.
PART 2A
PROVISIONS CONCERNING ANTICIPATED APPROPRIATIONS
FOR FISCAL YEAR 2012-2013
GENERAL SECTIONS
Sec. 1201. It is the intent of the legislature to provide
appropriations for the fiscal year ending on September 30, 2013 for
the line items listed in part 1. The fiscal year 2012-2013
appropriations are anticipated to be the same as those for fiscal
year 2011-2012, 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 2012 consensus revenue estimating
conference.
ARTICLE XVI
DEPARTMENT OF STATE POLICE
PART 1
LINE-ITEM APPROPRIATIONS
FOR FISCAL YEAR 2011-2012
Sec. 101. Subject to the conditions set forth in this article,
the amounts listed in this part for the department of state police
are appropriated for the fiscal year ending September 30, 2012,
from the funds indicated in this part. The following is a summary
of the appropriations in this part:
DEPARTMENT OF STATE POLICE
APPROPRIATION SUMMARY
Full-time equated unclassified positions.......... 2.0
Full-time equated classified positions........ 2,751.0
GROSS APPROPRIATION.................................... $ 524,282,700
Total interdepartmental grants and intradepartmental
transfers............................................ 23,546,200
Schedule of interdepartmental grant revenue sources:
IDG, training academy charges............... 2,505,200
IDG-MDOC, contract............................ 167,100
IDG-MDOS...................................... 332,000
IDG-MDOT, state trunkline fund............. 10,586,900
IDG-MDTR, casino gaming fees................ 5,190,800
IDG-MDTR, emergency telephone fund
coordinator.................................. 585,800
IDG-MDTR, emergency telephone fund
operations................................... 628,900
IDT, auto theft funds......................... 633,400
IDT, Michigan justice training fund......... 1,450,000
IDT, truck safety fund...................... 1,466,100
ADJUSTED GROSS APPROPRIATION............................ $ 500,736,500
Total federal revenues.................................. 106,051,600
Schedule of federal revenue sources:
DHS........................................ 56,202,400
DOJ........................................ 15,950,000
DOJ interest bearing........................ 8,136,500
DOT........................................ 24,133,800
Federal investigations-reimbursed
services................................... 1,034,600
Federal narcotics investigation revenues...... 594,300
Total local revenues................................... 6,456,700
Schedule of local revenue sources:
Local-AFIS fees................................ 78,100
Local-LEIN fees............................. 1,173,100
Local-MPSCS subscriber & maintenance fees... 1,713,100
Local-reimbursed services................... 1,962,800
Local-school bus revenue.................... 1,529,600
Total private revenues................................. 216,100
Schedule of private revenue sources:
Private donations............................. 216,100
Total state restricted revenues........................ 123,336,100
Schedule of restricted revenue sources:
Auto theft prevention fund.................. 6,704,500
Commercial mobile radio service fees........ 7,000,000
CJIC service fees.......................... 16,370,400
Concealed weapons enforcement fee............. 100,000
Drunk driving prevention & training fund.... 1,299,700
Forensic science reimbursement fees......... 1,352,700
Forfeiture funds............................... 75,000
Hazardous materials training center fees.... 1,281,200
Highway safety fund........................ 11,814,000
Licensing fees.................................. 9,100
Michigan justice training fund.............. 8,188,400
Michigan merit award trust fund............... 682,000
Motor carrier fees.......................... 3,865,900
Narcotics investigation revenue............... 989,200
Nuclear plant emergency planning
reimbursement.............................. 2,065,700
Precision driving track fees.................. 287,500
Reimbursement services...................... 1,195,800
Rental of department aircraft.................. 53,300
Secondary road patrol & training fund...... 15,100,500
Sex offenders registration fund............... 283,200
State forensic laboratory fund.............. 1,852,900
State police service fees................... 2,087,100
State services fee fund.................... 10,254,100
Tobacco tax revenue......................... 3,000,000
Traffic crash revenue......................... 315,800
Traffic law enforcement and safety fund.... 24,094,400
Trooper school recruitment fund................. 1,100
Truck driver safety fund.................... 3,012,600
State general fund/general purpose..................... $ 264,676,000
Sec. 102. EXECUTIVE DIRECTION
Full-time equated unclassified positions.......... 2.0
Full-time equated classified positions........... 38.5
Executive direction.................................... $ 5,083,700
GROSS APPROPRIATION.................................... $ 5,083,700
Appropriated from:
Interdepartmental grant revenues....................... 31,300
State restricted revenues.............................. 483,600
State general fund/general purpose..................... $ 4,568,800
Schedule of programs:
Unclassified positions........................ 261,100
Executive direction......................... 2,602,400
Special operations and events............... 2,220,200
Sec. 103. SCIENCE, TECHNOLOGY, AND TRAINING BUREAU
Full-time equated classified positions.......... 459.5
Science, technology, and training bureau............... $ 100,304,700
GROSS APPROPRIATION.................................... $ 100,304,700
Appropriated from:
Interdepartmental grant revenues....................... 5,458,300
Federal revenues....................................... 9,332,800
Local revenues......................................... 2,913,000
State restricted revenues.............................. 45,379,700
State general fund/general purpose..................... $ 37,220,900
Schedule of programs:
Criminal justice information center
division.................................. 11,355,700
Criminal records improvement................ 2,249,500
Traffic safety.............................. 1,922,900
Laboratory operations...................... 28,960,100
DNA analysis program........................ 7,982,800
Standards and training/justice training
grants..................................... 8,970,400
Concealed weapons enforcement training........ 100,000
Training only to local units.................. 587,900
Public safety officers benefit program........ 149,600
Training administration..................... 4,813,300
Information technology services and
projects.................................. 18,701,700
Michigan public safety communications
system.................................... 13,060,800
In-service training-law enforcement
distribution................................. 450,000
In-service training-competitive............. 1,000,000
Sec. 104. FIELD SERVICES BUREAU
Full-time equated classified positions........ 1,999.0
Field services bureau.................................. $ 270,391,600
GROSS APPROPRIATION.................................... $ 270,391,600
Appropriated from:
Interdepartmental grant revenues....................... 16,680,500
Federal revenues....................................... 18,354,300
Local revenues......................................... 3,484,400
Private revenues....................................... 216,100
State restricted revenues.............................. 47,139,400
State general fund/general purpose..................... $ 184,516,900
Schedule of programs:
Narcotics investigation funds................. 265,100
Uniform services........................... 44,974,600
Capitol security.............................. 659,200
At-post troopers.......................... 129,238,300
Reimbursed services......................... 2,087,100
Operational support......................... 7,297,100
Aviation program............................ 1,529,700
Criminal investigations.................... 34,574,500
Federal antidrug initiatives............... 10,861,900
Reimbursed services, materials, and
equipment.................................. 2,997,400
Auto theft prevention....................... 1,041,700
Casino gaming oversight..................... 5,028,200
Fire investigations......................... 1,811,800
Parole absconder sweeps........................ 12,200
Motor carrier enforcement.................. 11,019,900
Truck safety enforcement team operations.... 1,434,300
Safety inspections.......................... 6,803,500
School bus inspections...................... 1,521,600
Safety projects............................. 1,802,100
Traffic services............................ 5,431,400
Sec. 105. SUPPORT SERVICES
Full-time equated classified positions.......... 254.0
Support services....................................... $ 148,502,700
GROSS APPROPRIATION.................................... $ 148,502,700
Appropriated from:
Interdepartmental grant revenues....................... 1,376,100
Federal revenues....................................... 78,364,500
Local revenues......................................... 59,300
State restricted revenues.............................. 30,333,400
State general fund/general purpose..................... $ 38,369,400
Schedule of programs:
Auto theft prevention program............... 6,694,100
Special maintenance and utilities............. 402,800
Rent and building occupancy charges......... 8,363,200
Worker's compensation....................... 3,266,300
Fleet leasing.............................. 12,980,700
Management services........................ 12,476,200
Budget and financial services............... 1,746,000
Office of justice program grants............ 8,497,100
Accounting service center................... 1,031,100
State program planning and administration... 1,094,100
Secondary road patrol program.............. 14,041,600
Truck safety program........................ 3,011,000
Federal highway traffic safety
coordination.............................. 12,585,500
Emergency management planning and
administration............................. 5,701,200
Grants to local government.................. 2,482,100
FEMA program assistance..................... 4,930,200
Nuclear power plant emergency planning...... 2,030,000
Hazardous materials programs............... 47,169,400
Interdepartmental grant to legislature............ 100
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
FOR FISCAL YEAR 2011-2012
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 2011-2012 is $388,012,100.00 and state
spending from state resources to be paid to local units of
government for fiscal year 2011-2012 is $19,006,000.00. The
itemized statement below identifies appropriations from which
spending to local units of government will occur:
DEPARTMENT OF STATE POLICE
Science, technology, and training bureau............... $ 4,541,000
Schedule of programs:
Justice training grants................................ 4,375,100
Training only to local units........................... 165,900
Support services....................................... 14,465,000
Schedule of programs:
Secondary road patrol.................................. 13,901,200
Management services.................................... 563,800
TOTAL.................................................. $ 19,006,000
Sec. 202. The appropriations authorized under this article are
subject to the management and budget act, 1984 PA 431, MCL 18.1101
to 18.1594.
Sec. 203. As used in this article:
(a) "AFIS" means the automated fingerprint identification
system.
(b) "Department" means the department of state police.
(c) "DHS" means the United States department of homeland
security.
(d) "DNA" means deoxyribonucleic acid.
(e) "DOJ" means the United State department of justice.
(f) "DOT" means the United States department of
transportation.
(g) "DTMB" means the department of technology, management, and
budget.
(h) "FEMA" means the federal emergency management agency.
(i) "IDG" means interdepartmental grant.
(j) "IDT" means intradepartmental transfer.
(k) "LEIN" means the law enforcement information network.
(l) "MCOLES" means Michigan commission on law enforcement
standards.
(m) "MDCH" means the Michigan department of community health.
(n) "MDOC" means the Michigan department of corrections.
(o) "MDOS" means the Michigan department of state.
(p) "MDOT" means the Michigan department of transportation.
(q) "MDTR" means the Michigan department of treasury.
(r) "MPSCS" means Michigan public safety communications
system.
(s) "Work project" means, except as used in section 211, a
group of activities featuring a fixed duration, budget, and scope
that is expected to cause a measurable change in the delivery,
efficiency, or effectiveness of 1 or more operations.
Sec. 204. The following shall constitute the appropriations
from part 1 for interdepartmental grant funds received by the
department from sources outside the department: $2,505,200.00 from
training academy charges; $167,100.00 from the department of
corrections contract; $332,000.00 from the department of state;
$10,586,900.00 from the department of transportation — state
trunkline funds; $5,190,800.00 from casino gaming fees; $585,800.00
from the department of treasury — emergency telephone fund
coordinator; and $628,900.00 from the department of treasury —
emergency telephone fund operations.
Sec. 205. (1) The following shall constitute the
appropriations from part 1 for interdepartmental grant funds made
from the department to other departments: $1,095,900.00 to the
department of environmental quality--radiological emergency
preparedness; $139,000.00 to the department of attorney general--
justice training competitive grant; $300,000.00 to the judiciary--
justice training competitive grant; $322,300.00 to the department
of attorney general--operations; $900,000.00 to the department of
military and veterans affairs--homeland security grant;
$18,701,700.00 to DTMB--information technology services and
projects; and $13,060,800.00 to DTMB--Michigan public safety
communications systems.
(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
$1,800,000.00 in Byrne justice assistance grant program funding to
the judiciary by interdepartmental grant.
Sec. 206. (1) In addition to the funds appropriated in part 1,
there is appropriated an amount not to exceed $10,000,000.00 for
federal contingency funds. These funds are not available for
expenditure until they have been transferred to another line item
in this article 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 this article 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 this
article 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 this
article under section 393(2) of the management and budget act, 1984
PA 431, MCL 18.1393.
Sec. 207. (1) The department shall 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.
(2) The department may develop and operate its own website to
provide this information or may reference the state's central
transparency website as the source for this information.
Sec. 208. Unless otherwise specified, the department shall use
the Internet to fulfill the reporting requirements of this article.
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 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. 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. 211. 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. 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. (1) Due to the current budgetary problems in this
state, out-of-state travel for this fiscal year ending September
30, 2012 shall be limited to situations in which 1 or more of the
following conditions apply:
(a) The travel is required by legal mandate or court order or
for law enforcement purposes.
(b) The travel is necessary to protect the health or safety of
Michigan citizens or visitors or to assist other states in similar
circumstances.
(c) The travel is necessary to produce budgetary savings or to
increase state revenues, including protecting existing federal
funds or securing additional federal funds.
(d) The travel is necessary to comply with federal
requirements.
(e) The travel is necessary to secure specialized training for
staff that is not available within this state.
(f) The travel is financed entirely by federal or nonstate
funds.
(2) If out-of-state travel is necessary but does not meet 1 or
more of the conditions in subsection (1), the state budget director
may grant an exception to allow the travel. Any exceptions granted
by the state budget director shall be reported on a monthly basis
to the senate and house of representatives standing committees on
appropriations.
Sec. 214. From the funds appropriated in part 1 for
information technology, departments and agencies shall pay user
fees to the department of technology, management, and budget for
technology-related services and projects. The user fees shall be
subject to provisions of an interagency agreement between the
department and agencies and the department of technology,
management, and budget.
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
article, the schedule of programs in part 1 lists programs which
may, but are not required to be, funded under this article, with
the following exceptions:
(a) Standard & training/justice training grants.
(b) Casino gaming oversight.
(c) Commercial mobile radio service fees.
(2) Notwithstanding any other provisions of this article, the
schedule of revenue sources in part 1 may or may not be received
from the funding entities 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, of 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 delineated
in section 221 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. (1) Any unused general fund/general purpose funds
for this fiscal year created through efficiencies and identified by
the department as potential lapsed funds shall be designated as the
department incentive pool balance, provided that all the
requirements of this part have been achieved.
(2) Any funds associated with any supplemental general
fund/general purpose fund requests for this fiscal year shall be
debited against this fiscal year's department incentive pool
balance if it does not meet 1 or more of the following criteria:
(a) The supplemental funds pertain to the addition of a new
core service.
(b) The supplemental funds pertain to the expansion of
existing service capacity beyond current fiscal year expectations.
(3) At the end of this fiscal year, if the incentive pool
balance is positive, the department incentive pool balance shall be
allocated as follows:
(a) Ten percent of the unused funds shall be allocated as work
project funds to be used in a manner that provides direct benefit
to department employees or their families within 12 months of the
end of this fiscal year.
(b) Forty percent of the unused funds shall be allocated as
work project funds to be used at the discretion of the department
for projects designed to improve service delivery.
(c) Fifty percent of the unused funds shall be lapsed to the
general fund/general purpose fund.
Sec. 219. (1) The department shall be available to meet on a
quarterly basis before the appropriate senate and house
appropriations subcommittees.
(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 senate and house
appropriations subcommittees.
(5) The department shall provide the following data to the
appropriate senate and house appropriations subcommittees:
(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) Forensic laboratory system staffing levels and vacancies
and backlogs in all disciplines.
Sec. 220. The department shall provide the following data to
the appropriate senate and house appropriations subcommittees on an
annual basis:
(a) Bridge card enforcement as described section 306(4) of
this part.
(b) As it pertains to inspections conducted by the traffic
safety division, all of the following:
(i) The number of buses and vehicles inspected by the
department.
(ii) The number of buses and vehicles passing and failing
inspection.
(iii) The estimated number of buses and vehicles not inspected.
(c) A report on the status of assessments collected and
authorized under section 629e of the Michigan vehicle code, 1949 PA
300, MCL 257.629e, for the purpose of supporting the secondary road
patrol grant program. The report shall contain updated information
on collection levels, revised projected grant allotments to
counties for the year, a comparison of projected collections and
grant distribution levels with the funds appropriated in part 1 for
the secondary road patrol program, and the extent collection levels
have exceeded or failed to meet appropriated levels for the current
fiscal year or expenditure levels from the previous fiscal year.
(d) A report regarding the department's activities related to
casino gaming oversight. The report shall contain the following:
(i) The amount of money received and expended.
(ii) The nature and structure of the casino gaming oversight
unit.
(iii) The positions and classifications of employees assigned.
(iv) The number of full-time and part-time employees and the
aggregate number of FTEs.
(v) The duties and responsibilities of the assigned employees.
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: traffic
safety and enforcement, complaint and criminal investigations, fire
investigation, sex offender registry and enforcement, specialty
teams, regional communication centers, civil disorder response –
mobilization, capitol security, hazardous materials response
training, intelligence gathering and dissemination, state emergency
operations center, criminal history system, fingerprint and
background checks, the law enforcement information network,
forensics, training and recruiting, public awareness campaigns,
establishing and monitoring law enforcement standards, and grants
administration.
Sec. 222. The department shall notify the house and senate
appropriations subcommittees on state police and military and
veterans affairs and the house and senate 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 60 days before beginning any effort to
privatize, the department shall submit a complete project plan to
the appropriate 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 appropriate senate and house appropriations subcommittees and
the senate and house fiscal agencies within 30 months.
Sec. 224. 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. 225. (1) It is the intent of the legislature that the
department shall not provide any subsidy for contractual services
it provides.
(2) 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.
(3) The department shall define service cost models for those
services requiring reimbursement.
(4) 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.
(5) This section does not apply to state agencies.
Sec. 226. The department shall strive to inspect its worksites
annually to ensure internal control and quality of service.
Sec. 227. The department shall define interoperability
standards to ensure effective communication between state, local,
regional, and federal agencies under public safety scenarios. The
department shall monitor compliance with these interoperability
standards by the agencies and notify the legislature and pertinent
agency management of noncompliance within 30 days of this
determination.
Sec. 228. Not later than November 15, the department 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 chairperson of
the senate and house 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 provide the state
budget director, the senate and house appropriations chairs, the
senate and house appropriations subcommittees on state police and
military and veterans affairs, 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, 2011 and September 30, 2012.
Sec. 230. The department may pursue entering into an agreement
with Calhoun County to build a new facility in that county which
would serve as the new state police post for region 4 of district
5, as identified by the department.
Sec. 231. 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 are 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.
Sec. 232. The department shall serve as an active liaison
between the department of technology, management, and budget and
local public safety agencies 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.
SCIENCE, TECHNOLOGY, AND TRAINING BUREAU
Sec. 301. (1) The department shall provide forensic testing
services to aid in criminal investigations.
(2) The department shall maintain the staffing and resources
necessary to provide forensic evidence with an average turnaround
time of 82 days assuming an annual caseload volume commensurate
with that received in fiscal year 2009-2010.
(3) The department shall define and implement improved methods
with the intent of reaching an average 55-day turnaround for
forensic evidence.
(4) If changes are made to the department's protocol for
retaining and purging DNA analysis samples and records, the
department shall post a copy of the protocol changes on the
department's website.
Sec. 302. (1) The department shall develop and deliver
professional, innovative, and quality training that supports the
enforcement and public safety efforts of the criminal justice
community.
(2) The department shall maintain the staffing and resources
necessary to provide educational opportunities for personal and
professional growth to a minimum of 10,000 state and local law
enforcement employees and other public safety partners.
(3) The department shall maintain the staffing and resources
necessary to provide educational opportunities for personal and
professional growth to a minimum of 3,000 community members.
(4) The department shall define and implement methods with a
goal of reducing the cost of training services delivery by 20%.
These methods may include the pursuit of technology to reach
students throughout the state utilizing distance learning.
(5) The department shall place emphasis on recruiting MCOLES-
certified police officers for the trooper recruit school. Emphasis
shall be given in the hiring process to those officers who are on
layoff and possess valid MCOLES certification. Any emphasis given
in the recruiting and selection process shall be consistent with
the department's hiring standards and in accordance with civil
service rules.
(6) The department shall develop and provide a service
delivery cost model for its training activities.
Sec. 303. (1) MCOLES shall establish standards for the
selection, employment, training, education, licensing, and
revocation of all law enforcement officers.
(2) MCOLES shall maintain the staffing and resources necessary
to provide the basic law enforcement training curriculum for 20
academy programs statewide.
(3) MCOLES shall maintain a minimum 98% passing rate from the
MCOLES licensing exam without lowering academic standards to
achieve this rate.
Sec. 304. (1) The department shall maintain a criminal history
system and the state accident data collection system in the support
of public safety and law enforcement communities in this state.
(2) The department shall maintain the staffing and resources
necessary to adhere to 1925 PA 289, MCL 28.241 to 28.248.
(3) The department shall improve the accuracy, timeliness, and
completeness of criminal history information through outreach
targeted to criminal justice agencies.
(4) The department shall maintain the state accident data
collection system and make this 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 pubic at cost, provided that the name and address have been
excluded.
Sec. 305. (1) The department shall provide fingerprint and
background check services in support of public safety and law
enforcement communities in this state.
(2) The department shall maintain the staffing and resources
necessary to process fingerprint and background check services
commensurate with fiscal year 2009-2010.
(3) The department shall maintain resources and educational
outreach for the electronic submission of fingerprint information
from local law enforcement agencies and maintain at least a 97%
submission rate.
(4) The department shall define and maintain a cost model
pertaining to providing fingerprint check services and provide for
the following:
(a) Fingerprint service fees shall be commensurate with the
actual costs of delivering this service.
(b) The department shall pursue means of reducing the expenses
associated with delivering this service.
Sec. 306. (1) The department shall maintain the law
enforcement information network in support of public safety and law
enforcement communities in this state.
(2) The department shall maintain the staffing and resources
necessary to adhere to the C.J.I.S. policy council act, 1974 PA
163, MCL 28.211 to 28.215.
(3) The department shall audit criminal justice agencies as
required by federal guidelines.
(4) The department shall work cooperatively with the
department of human services to coordinate the functions of the
state police LEIN system and the department of human services
bridges case management system to provide obtainable data that will
allow authorized users of the bridges case management system to
identify those persons who may be ineligible to receive certain
assistance services due to their law enforcement status.
(5) The department shall implement procedures by which all
probation information is placed on the LEIN system and provide for
the following:
(a) The LEIN system shall include information on each
probationer, including any probation conditions placed on a
probationer and the name of the probation officer assigned to the
probationer. The LEIN system shall also include any nonstandard
probation terms.
(b) If the department determines that amendments to the code
of criminal procedure, 1927 PA 175, MCL 760.1 to 777.69, are
required to include all probation information on the LEIN system,
the department shall deliver to members of the senate and house
appropriations subcommittees on state police and military and
veterans affairs amendments to the code of criminal procedure, 1927
PA 175, MCL 760.1 to 777.69, that, in the department's view, are
necessary to accomplish this goal. These proposed amendments shall
be delivered to subcommittee members not later than December 1,
2011.
(6) The appropriations in part 1 do not contain any funding
from LEIN user fees for services rendered in fiscal year 2011-2012.
If the department chooses to propose such a fee for fiscal year
2011-2012, the department shall do each of the following:
(a) Notify the senate and house appropriations subcommittees
on state police and military and veterans affairs no less than 90
days prior to establishing the fee.
(b) Define and maintain a cost model pertaining to the
provision of LEIN administration services. LEIN service fees shall
be commensurate with the actual costs of delivering this service.
The department shall pursue means of reducing the expenses
associated with delivering this service.
FIELD SERVICES BUREAU
Sec. 401. (1) The department shall oversee traffic safety and
enforcement in this state.
(2) 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.
(3) The department shall maintain the staffing and resources
necessary to continually work to enhance traffic safety throughout
the state.
(4) The department shall maintain the staffing and resources
necessary to annually inspect at least 75,000 commercial vehicles.
(5) 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.
Sec. 402. (1) The department shall identify and apprehend
criminals through criminal investigations in this state.
(2) The department shall maintain the staffing and resources
necessary to devote a comparable number of hours investigating
crimes as those performed in fiscal year 2009-2010.
(3) The department shall maintain the staffing and resources
necessary to annually meet or exceed a case clearance rate of 56%.
(4) The department shall work with the department of community
health, the Michigan health and hospital association, the Michigan
state medical society, and the Michigan nurses association to
ensure that the recommendations included in the "Standard
Recommended Procedure for the Emergency Treatment of Sexual Assault
Victims" are followed in the collection of evidence.
(5) The department shall provide protection to this state, its
economy, welfare, and vital state-sponsored programs through the
prevention and suppression of organized smuggling of untaxed
tobacco products in the state, through enforcement of the tobacco
products tax act, 1993 PA 327, MCL 205.421 to 205.436, and other
laws pertaining to combating criminal activity in this state, by
maintaining a tobacco tax enforcement unit. The appropriations in
part 1 include funding from the potential receipt of $3,000,000.00
in tobacco tax revenue. If these funds become available for
expenditure by the department, the department shall utilize them
only for costs associated with an increased effort to enforce
tobacco tax laws, including the deployment of additional tobacco
tax enforcement personnel.
Sec. 403. (1) The department shall provide fire investigation
services to citizens of this state through investigative assistance
to local law enforcement agencies.
(2) The department shall maintain the staffing and resources
necessary to maintain readiness to respond appropriately to at
least the number of requests for service which occurred in fiscal
year 2009-2010.
(3) The fire investigation unit shall be available for call
out statewide 100% of the time.
Sec. 404. (1) The department shall oversee the sex offender
registry and its enforcement in this state.
(2) The department shall maintain the staff and resources
necessary to enforce the provision of the sex offenders
registration act, 1994 PA 295, MCL 28.721 to 28.736.
(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.
Sec. 405. (1) The department shall provide specialty services
to citizens of this state in accordance with all applicable state
and federal laws and regulations.
(2) The department shall maintain the staffing and resources
necessary to provide training to maintain readiness to respond
appropriately to at least the number of requests for specialty
services which occurred in fiscal year 2009-2010.
(3) The canine unit shall be available for call out statewide
100% of the time.
(4) The bomb squad unit shall be available for call out
statewide 100% of the time.
(5) The emergency support teams shall be available for call
out statewide 100% of the time.
(6) The underwater recovery unit shall be available for call
out statewide 100% of the time.
(7) Aviation services shall be available for call out
statewide 100% of the time, unless prohibited by weather or
unexpected mechanical breakdowns.
(8) Money privately donated to the department is appropriated
under part 1 to be used for the purposes designated by the donor of
the money. Money privately donated to the department's canine unit
shall be used to purchase equipment and other items to enhance the
operation of the canine unit.
Sec. 406. (1) The department shall operate and maintain
regional communication centers.
(2) The department shall maintain staffing and resources
necessary to provide communication to Michigan state police law
enforcement through the regional communication centers by
maintaining 47,000 radio contacts per dispatcher.
(3) The department shall improve its budgetary and operational
efficiency by consolidating at least 1 regional communication
center.
Sec. 407. (1) The department shall provide security services
at the state capitol building.
(2) The department shall maintain the staff and resources
necessary to respond to emergencies at the house office building,
Farnum building, capitol parking lot, Townsend parking ramp, and
Roosevelt parking ramp.
(3) The department shall pursue federal grants to improve the
security at the capitol building.
(4) The department may develop a phased approach for improving
security at the capitol building.
Sec. 408. (1) The department shall respond to civil disorders
and natural disasters.
(2) The department shall, at a minimum, maintain readiness
including training and equipment to respond to civil disorders and
natural disasters commensurate with the capabilities of fiscal year
2009-2010.
Sec. 409. The department shall develop a law enforcement
delivery of service model in conjunction with each state police
post area in the state. In the development of this model, the
department shall consider local and county law enforcement
capabilities to ensure the efficient delivery of services.
SUPPORT SERVICES
Sec. 501. (1) The department shall operate the Michigan
intelligence operation center as the state's federally recognized
fusion center.
(2) The department shall ensure public safety through the
emergency management and homeland security division by providing
public and private sector partners with timely and accurate
information and regarding critical information key resources
threats as reported to or discovered by the Michigan intelligence
operations center and increase public awareness on how to report
suspicious activity through website or telephone communications.
(3) 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. 502. (1) The department shall provide hazardous materials
response training.
(2) The department shall maintain the staffing and resources
necessary to serve approximately 110 local emergency management
preparedness programs and 88 local emergency planning committees in
this state.
(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.
(4) The department's emergency management division shall make
every effort to ensure both of the following:
(a) That homeland security grants offered by the federal
government and channeled through the department are allocated to
first responder entities in the highest percentage possible.
(b) That homeland security grants awarded to the city of
Detroit shall not be used to supplant city general funds designated
to support first responder operations.
Sec. 503. (1) The department shall operate and maintain the
state's emergency operations center and provide command and control
in support of emergency response services.
(2) The department shall maintain readiness, including
training and equipment to respond to civil disorders and natural
disasters.
(3) The department shall relocate the state's emergency
operations center from its present site at Collins Road to another
suitable facility.
(4) The state director of emergency management may expend
money appropriated under this article 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.
(5) In addition to the money appropriated in this article, 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 house and senate
appropriations subcommittees on state police and military and
veterans affairs and the house and senate 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. 504. (1) The department shall conduct public awareness
campaigns regarding various public safety issues.
(2) The department shall provide resources and technical
assistance to train child passenger safety technicians to promote
public education and awareness to parents.
(3) Based on available grants, the department shall attempt to
identify a trained child passenger safety technician in each county
in this state.
Sec. 505. (1) The department shall administer various public
safety grants to state, local, and private entities within this
state.
(2) The department shall comply with all federal and state
guidelines pertaining to grant distributions.
(3) The department shall seek new grant funding to support
public safety.
ONE-TIME BASIS ONLY
Sec. 1001. For the state fiscal year ending September 30,
2012, there is appropriated from general fund/general purpose
revenue, on a 1-time basis only, $800,000.00 for department costs
associated with providing traffic control services for the Michigan
international speedway.
PART 2A
PROVISIONS CONCERNING ANTICIPATED APPROPRIATIONS
FOR FISCAL YEAR 2012-2013
GENERAL SECTIONS
Sec. 1201. It is the intent of the legislature to provide
appropriations for the fiscal year ending on September 30, 2013 for
the line items listed in part 1. The fiscal year 2012-2013
appropriations are anticipated to be the same as those for fiscal
year 2011-2012, 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 2012 consensus revenue estimating
conference.
ARTICLE XVII
STATE TRANSPORTATION DEPARTMENT
PART 1
LINE-ITEM APPROPRIATIONS
FOR FISCAL YEAR 2011-2012
Sec. 101. Subject to the conditions set forth in this article,
the amounts listed in this part are appropriated for the state
transportation department and certain state purposes designated in
this article for the fiscal year ending September 30, 2012, from
the funds indicated in this part. The following is a summary of the
appropriations in this part:
STATE TRANSPORTATION DEPARTMENT
APPROPRIATION SUMMARY
Full-time equated unclassified positions.......... 6.0
Full-time equated classified positions........ 3,043.3
GROSS APPROPRIATION.................................... $ 3,327,770,700
Total interdepartmental grants and intradepartmental
transfers............................................ 3,451,500
ADJUSTED GROSS APPROPRIATION........................... $ 3,324,319,200
Federal revenues:
DOT, federal transit administration.................... 61,985,000
DOT-FHWA, highway research, planning, and construction. 1,082,019,600
DOT-FRA, local rail service assistance................. 100,000
DOT-FRA, rail passenger/HSGT........................... 3,000,000
DOT, federal aviation administration................... 94,090,600
Total federal revenues................................. 1,241,195,200
Special revenue funds:
Local revenues......................................... 53,968,500
Total local and private revenues....................... 53,968,500
Blue Water Bridge fund................................. 16,980,700
Comprehensive transportation fund...................... 239,494,100
Economic development fund.............................. 41,819,000
IRS debt service rebate................................ 7,523,500
Intercity bus equipment fund........................... 200,000
Local bridge fund...................................... 30,514,300
Michigan transportation fund........................... 974,103,300
Rail freight fund...................................... 2,000,000
State aeronautics fund................................. 14,537,700
State trunkline fund................................... 701,982,900
Total other state restricted revenues.................. 2,029,155,500
State general fund/general purpose..................... $ 0
Sec. 102. DEBT SERVICE
State trunkline........................................ $ 247,449,700
Economic development................................... 9,174,600
Local bridge fund...................................... 3,261,800
Blue Water Bridge fund................................. 4,115,000
Airport safety and protection plan..................... 3,473,500
Comprehensive transportation........................... 19,998,800
GROSS APPROPRIATION.................................... $ 287,473,400
Appropriated from:
Federal revenues:
DOT-FHWA, highway research, planning, and construction. 53,434,300
Special revenue funds:
Blue Water Bridge fund................................. 4,115,000
Comprehensive transportation fund...................... 19,998,800
Economic development fund.............................. 9,174,600
Local bridge fund...................................... 3,261,800
IRS debt service rebate................................ 7,523,500
State aeronautics fund................................. 3,473,500
State trunkline fund................................... 186,491,900
State general fund/general purpose..................... $ 0
Sec. 103. COLLECTION, ENFORCEMENT, AND OTHER AGENCY
SUPPORT SERVICES
MTF grant to department of natural resources and
environment.......................................... $ 1,165,900
MTF grant to department of state for collection of
revenue and fees..................................... 20,000,000
MTF grant to department of treasury.................... 8,379,000
MTF grant to legislative auditor general............... 204,300
STF grant to department of attorney general............ 2,817,500
STF grant to civil service commission.................. 5,697,000
STF grant to department of technology, management, and
budget............................................... 1,388,000
STF grant to department of state police................ 10,586,900
STF grant to department of treasury.................... 131,600
STF grant to legislative auditor general............... 474,600
SAF grant to department of attorney general............ 165,900
SAF grant to civil service commission.................. 150,000
SAF grant to department of technology, management, and
budget............................................... 40,100
SAF grant to department of treasury.................... 74,500
SAF grant to legislative auditor general............... 19,600
CTF grant to department of attorney general............ 177,200
CTF grant to civil service commission.................. 200,000
CTF grant to department of technology, management, and
budget............................................... 44,000
CTF grant to department of treasury.................... 7,600
CTF grant to legislative auditor general............... 25,200
GROSS APPROPRIATION.................................... $ 51,748,900
Appropriated from:
Special revenue funds:
Comprehensive transportation fund...................... 454,000
Michigan transportation fund........................... 29,749,200
State aeronautics fund................................. 450,100
State trunkline fund................................... 21,095,600
State general fund/general purpose..................... $ 0
Sec. 104. EXECUTIVE DIRECTION
Full-time equated unclassified positions.......... 6.0
Full-time equated classified positions........... 31.3
Unclassified salaries.................................. $ 602,800
Asset management council............................... 1,626,400
Commission audit--31.3 FTE positions................... 2,971,800
GROSS APPROPRIATION.................................... $ 5,201,000
Appropriated from:
Special revenue funds:
Michigan transportation fund........................... 1,626,400
State trunkline fund................................... 3,574,600
State general fund/general purpose..................... $ 0
Sec. 105. BUSINESS SUPPORT
Full-time equated classified positions........... 58.0
Business support services--49.0 FTE positions.......... $ 6,215,900
Economic development and enhancement programs--9.0 FTE
positions............................................ 1,219,800
Property management.................................... 7,915,000
Worker's compensation.................................. 1,760,600
GROSS APPROPRIATION.................................... $ 17,111,300
Appropriated from:
Special revenue funds:
Comprehensive transportation fund...................... 1,590,300
Economic development fund.............................. 381,000
Michigan transportation fund........................... 213,700
State aeronautics fund................................. 603,900
State trunkline fund................................... 14,322,400
State general fund/general purpose..................... $ 0
Sec. 106. INFORMATION TECHNOLOGY
Information technology services and projects........... $ 28,335,000
GROSS APPROPRIATION.................................... $ 28,335,000
Appropriated from:
Federal revenues:
DOT-FHWA, highway research, planning, and construction. 520,500
Special revenue funds:
Blue Water Bridge fund................................. 48,400
Comprehensive transportation fund...................... 195,900
Economic development fund.............................. 37,200
Michigan transportation fund........................... 258,800
State aeronautics fund................................. 152,900
State trunkline fund................................... 27,121,300
State general fund/general purpose..................... $ 0
Sec. 107. FINANCE, CONTRACTS, AND SUPPORT SERVICES
Full-time equated classified positions.......... 277.5
Financial operations--114.0 FTE positions.............. $ 10,874,500
Contract services--53.6 FTE positions.................. 4,853,600
Department services--41.9 FTE positions................ 5,098,500
Performance excellence--13.0 FTE positions............. 1,427,400
Welcome center operations--55.0 FTE positions.......... 3,959,400
GROSS APPROPRIATION.................................... $ 26,213,400
Appropriated from:
Interdepartmental grant revenues:
IDG for accounting service center user charges......... 3,451,500
Special revenue funds:
Michigan transportation fund........................... 1,976,900
State trunkline fund................................... 20,785,000
State general fund/general purpose..................... $ 0
Sec. 108. TRANSPORTATION PLANNING
Full-time equated classified positions.......... 176.0
Statewide planning services--124.0 FTE positions....... $ 14,533,700
Data collection services--52.0 FTE positions........... 6,887,700
Specialized planning services and local studies........ 16,504,800
Grants to regional planning councils................... 488,800
GROSS APPROPRIATION.................................... $ 38,415,000
Appropriated from:
Federal revenues:
DOT-FHWA, highway research, planning, and construction. 22,000,000
Special revenue funds:
Comprehensive transportation fund...................... 960,300
Michigan transportation fund........................... 6,304,500
State aeronautics fund................................. 15,000
State trunkline fund................................... 9,135,200
State general fund/general purpose..................... $ 0
Sec. 109. DESIGN AND ENGINEERING SERVICES
Full-time equated classified positions........ 1,491.8
Engineering services--799.1 FTE positions.............. $ 66,623,300
Program services--680.7 FTE positions.................. 39,482,700
Intelligent transportation systems operations--12.0
FTE positions........................................ 10,579,200
GROSS APPROPRIATION.................................... $ 116,685,200
Appropriated from:
Federal revenues:
DOT-FHWA, highway research, planning, and construction. 23,529,800
Special revenue funds:
Michigan transportation fund........................... 6,828,400
State trunkline fund................................... 86,327,000
State general fund/general purpose..................... $ 0
Sec. 110. HIGHWAY MAINTENANCE
Full-time equated classified positions.......... 837.7
State trunkline operations--837.7 FTE positions........ $ 267,017,700
GROSS APPROPRIATION.................................... $ 267,017,700
Appropriated from:
Special revenue funds:
State trunkline fund................................... 267,017,700
State general fund/general purpose..................... $ 0
Sec. 111. ROAD AND BRIDGE PROGRAMS
State trunkline federal aid and road and bridge
construction......................................... $ 842,310,000
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................................... 27,252,500
County road commissions................................ 570,598,400
Cities and villages.................................... 318,134,200
GROSS APPROPRIATION.................................... $ 2,034,738,100
Appropriated from:
Federal revenues:
DOT-FHWA, highway research, planning, and construction. 982,535,000
Special revenue funds:
Local funds............................................ 30,000,000
Blue Water Bridge fund................................. 7,107,300
Local bridge fund...................................... 27,252,500
Michigan transportation fund........................... 924,732,600
State trunkline fund................................... 63,110,700
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....... $ 5,710,000
GROSS APPROPRIATION.................................... $ 5,710,000
Appropriated from:
Special revenue funds:
Blue Water Bridge fund................................. 5,710,000
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............... 8,113,200
Urban county congestion................................ 8,306,500
Rural county primary................................... 8,306,500
GROSS APPROPRIATION.................................... $ 32,226,200
Appropriated from:
Special revenue funds:
Economic development fund.............................. 32,226,200
State general fund/general purpose..................... $ 0
Sec. 114. AERONAUTICS AND FREIGHT SERVICES
Full-time equated classified positions........... 84.0
Airport improvement services--30.0 FTE positions....... $ 3,021,900
Aviation services--26.0 FTE positions.................. 4,193,900
Freight and safety services--28.0 FTE positions........ 3,853,900
Air service program.................................... 100,000
GROSS APPROPRIATION.................................... $ 11,169,700
Appropriated from:
Special revenue funds:
Comprehensive transportation fund...................... 1,667,400
Michigan transportation fund........................... 2,186,500
State aeronautics fund................................. 7,315,800
State general fund/general purpose..................... $ 0
Sec. 115. PUBLIC TRANSPORTATION SERVICES
Full-time equated classified positions........... 46.0
Passenger transportation services--46.0 FTE positions.. $ 6,093,400
GROSS APPROPRIATION.................................... $ 6,093,400
Appropriated from:
Federal revenues:
DOT, federal transit administration.................... 862,100
Special revenue funds:
Comprehensive transportation fund...................... 5,005,000
Michigan transportation fund........................... 226,300
State general fund/general purpose..................... $ 0
Sec. 116. BUS TRANSIT DIVISION: STATUTORY OPERATING
Local bus operating.................................... $ 166,624,000
Nonurban operating/capital............................. 22,787,900
GROSS APPROPRIATION.................................... $ 189,411,900
Appropriated from:
Federal revenues:
DOT, federal transit administration.................... 21,987,900
Special revenue funds:
Comprehensive transportation fund...................... 166,624,000
Local funds............................................ 800,000
State general fund/general purpose..................... $ 0
Sec. 117. INTERCITY PASSENGER AND FREIGHT
Freight property management............................ $ 1,000,000
Detroit/Wayne County port authority.................... 468,200
Intercity services..................................... 6,100,000
Rail passenger service................................. 11,667,000
Freight preservation and development................... 5,100,000
Marine passenger service............................... 400,000
Terminal development................................... 461,000
GROSS APPROPRIATION.................................... $ 25,196,200
Appropriated from:
Federal revenues:
DOT, federal transit administration.................... 4,500,000
DOT-FRA, local rail service assistance................. 100,000
DOT-FRA, rail passenger/HSGT........................... 3,000,000
Special revenue funds:
Local funds............................................ 50,000
Comprehensive transportation fund...................... 15,346,200
Intercity bus equipment fund........................... 200,000
Rail freight fund...................................... 2,000,000
State general fund/general purpose..................... $ 0
Sec. 118. PUBLIC TRANSPORTATION DEVELOPMENT
Specialized services................................... $ 8,913,800
Municipal credit program............................... 2,000,000
Transit capital........................................ 50,048,400
Van pooling............................................ 195,000
Service initiatives.................................... 1,415,000
Transportation to work................................. 9,700,000
GROSS APPROPRIATION.................................... $ 72,272,200
Appropriated from:
Federal revenues:
DOT, federal transit administration.................... 34,635,000
Special revenue funds:
Local funds............................................ 9,985,000
Comprehensive transportation fund...................... 27,652,200
State general fund/general purpose..................... $ 0
Sec. 119. CAPITAL OUTLAY
(1) BUILDINGS AND FACILITIES
Special maintenance, remodeling, and additions......... $ 3,001,500
GROSS APPROPRIATION.................................... 3,001,500
Appropriated from:
State trunkline fund................................... 3,001,500
State general fund/general purpose..................... $ 0
(2) AIRPORT IMPROVEMENT PROGRAMS
Airport safety, protection, and improvement program.... $ 109,750,600
GROSS APPROPRIATION.................................... 109,750,600
Appropriated from:
Federal revenues:
DOT, federal aviation administration................... 94,090,600
Special revenue funds:
Local funds............................................ 13,133,500
State aeronautics fund................................. 2,526,500
State general fund/general purpose..................... $ 0
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
FOR FISCAL YEAR 2011-2012
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 2011-2012 is $2,029,155,500.00 and
state spending from state resources to be paid to local units of
government for fiscal year 2011-2012 is $1,182,737,000.00. The
itemized statement below identifies appropriations from which
spending to units of local 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................................... 27,252,500
Grants to county road commissions...................... 570,598,400
Grants to cities and villages.......................... 318,134,200
Economic development fund.............................. 32,226,200
Air service program.................................... 100,000
Local bus operating.................................... 166,624,000
Detroit/Wayne County port authority.................... 468,200
Marine passenger service............................... 400,000
Terminal development................................... 461,000
Specialized services................................... 3,943,800
Municipal credit program............................... 2,000,000
Transit capital........................................ 16,748,400
Service initiatives.................................... 65,000
Transportation to work................................. 4,700,000
Airport safety, protection, and improvement
program............................................... 2,526,500
Total payments to local units of government............ $ 1,182,737,000
Sec. 202. The appropriations authorized under this article are
subject to the management and budget act, 1984 PA 431, MCL 18.1101
to 18.1594.
Sec. 203. As used in this article:
(a) "AASHTO" means the American association of state highway
and transportation officials.
(b) "ASTM" means the American society for testing and
materials.
(c) "CTF" means comprehensive transportation fund.
(d) "Department" means the department of transportation.
(e) "DOT" means the United States department of
transportation.
(f) "DOT-FHWA" means DOT, federal highway administration.
(g) "DOT-FRA" means DOT, federal railroad administration.
(h) "DOT-FRA, rail passenger/HSGT" means DOT, federal railroad
administration, high-speed ground transportation.
(i) "EDF" means economic development fund.
(j) "FTE" means full-time equated.
(k) "IRS" means the internal revenue service.
(l) "MTF" means Michigan transportation fund.
(m) "RIF" means recreation improvement fund.
(n) "SAF" means state aeronautics fund.
(o) "STF" means state trunkline fund.
Sec. 204. The civil service commission shall bill the
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. 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 this article 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 this article 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 this
article 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 this
article pursuant to section 393(2) of the management and budget
act, 1984 PA 431, MCL 18.1393.
Sec. 207. (1) The department shall 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.
(2) The department may develop and operate its own website to
provide this information or may reference the state's central
transparency website as the source for this information.
Sec. 208. Unless otherwise specified, the department shall use
the Internet to fulfill the reporting requirements of this article.
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. 211. 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. 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. 214. From the funds appropriated in part 1 for
information technology, the department shall pay user fees to the
department of technology, management, and budget for technology-
related services and projects. The user fees shall be subject to
provisions of an interagency agreement between the department and
the department of technology, management, and budget.
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. 216. When beginning any effort to privatize, the
department shall submit a complete project plan to the house of
representatives and senate appropriations subcommittees on
transportation, the state budget office, and the house and senate
fiscal agencies. The plan shall include the rationale for
privatization, including a cost-benefit analysis if appropriate.
The evaluation shall be completed and submitted to the appropriate
senate and house of representatives appropriations subcommittees
and the senate and house fiscal agencies. As used in this section,
"privatize" or "privatization" means the transfer of state highway
maintenance or activities currently performed by department forces,
or by boards of county road commissioners, county boards of
commissioners, or local units of government under contract with the
department, to private contractors.
Sec. 228. Not later than November 15, the department 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 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 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, 2011 and
September 30, 2012.
Sec. 260. (1) Due to the current budgetary problems in this
state, out-of-state travel shall be limited to situations in which
1 or more of the following conditions apply:
(a) The travel is required by legal mandate or court order or
for law enforcement purposes.
(b) The travel is necessary to protect the health or safety of
Michigan citizens or visitors or to assist other states in similar
circumstances.
(c) The travel is necessary to produce budgetary savings or to
increase state revenues, including protecting existing federal
funds or securing additional federal funds.
(d) The travel is necessary to comply with federal
requirements.
(e) The travel is necessary to secure specialized training for
staff that is not available within this state.
(f) The travel is financed entirely by federal or nonstate
funds.
(2) If out-of-state travel is necessary but does not meet 1 or
more of the conditions in subsection (1), the state budget director
may grant an exception to allow the travel. Any exceptions granted
by the state budget director shall be reported on a monthly basis
to the house and senate appropriations committees.
(3) Not later than January 1 of each year, each department
shall prepare a travel report listing all travel by classified and
unclassified employees outside this state in the immediately
preceding fiscal year that was funded in whole or in part with
funds appropriated in the department's budget. The report shall be
submitted to the chairs and members of the house and senate
appropriations committees, the fiscal agencies, and the state
budget director. The report shall include the following
information:
(a) The name of each person receiving reimbursement for travel
outside this state or whose travel costs were paid by this state.
(b) The destination of each travel occurrence.
(c) The dates of each travel occurrence.
(d) A brief statement of the reason for each travel
occurrence.
(e) The transportation and related costs of each travel
occurrence, including the proportion funded with state general
fund/general purpose revenues, the proportion funded with state
restricted revenues, the proportion funded with federal revenues,
and the proportion funded with other revenues.
(f) A total of all out-of-state travel funded for the
immediately preceding fiscal year.
Sec. 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, 2012 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. The department shall 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.
Sec. 306. (1) The amounts appropriated in section 103 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) In addition to the requirements of subsection (2), the
state treasurer shall develop a cost allocation plan to identify
the actual costs of work based on time and effort performed by the
department of treasury for state-restricted transportation funds.
The cost allocation plan shall specifically identify the costs of
collecting constitutionally restricted motor fuel taxes. The cost
allocation plan shall be submitted to the senate and house of
representatives standing committees on appropriations subcommittees
on general government, the senate and house fiscal agencies, the
auditor general, and the state budget director by November 1. The
cost allocation plan shall be subject to audit by the auditor
general.
(4) 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) The department and local road agencies that
receive appropriations under this article shall pursue compliance
with contract specifications for construction and maintenance of
state highways and local roads and streets. Work shall not be
accepted and paid for until it complies with contract requirements.
Contractors with unsatisfactory performance ratings shall be
restricted from future bidding through the prequalification process
established by the department or a local road agency. The
department, county road commissions, and cities and villages shall
report to the house of representatives and senate appropriations
subcommittees on transportation, the senate and house fiscal
agencies, and the state budget director on their respective
activities under this section.
(2) A contractor's prequalification rating shall not be
reduced or restricted until all administrative appeals have been
completed. The department can take immediate action regarding a
contractor's prequalification rating for public safety reasons or
to prevent fraud and malfeasance of public funds.
Sec. 309. The department shall continue its efforts to reduce
administrative costs and provide the maximum funding possible for
construction projects.
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. 312. 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. 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.
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. 354. On or before March 1, 2012, the department shall
solicit and evaluate proposals for services related to the audit of
vendor and contract payments and the recovery of overpayments and
duplicate payments. The department shall report to the house and
senate committees on appropriations and the house and senate fiscal
agencies on the results of the proposal solicitation and results of
the subsequent payment audits.
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. 382. The department and the state budget office shall
provide for an independent study of the state government needs for
a state aircraft fleet. The department and the state budget office
shall review the findings of that study and the costs associated
with the current fleet or other arrangements for air travel. The
department and the state budget office shall report the findings to
the legislature no later than March 30, 2012, and shall consider
those findings in any decision to sell airplanes.
Sec. 383. (1) The department shall prepare an annual report on
all travel by executive branch employees, and others including
local public officials, university employees, and other public
employees on department-owned aircraft. The report shall include,
by department, the name of the traveler, the travel origination
location, the travel destination location, type of aircraft, and
the 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 July 1.
(3) 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 employees on
related official state business.
(4) The department shall maintain a system for recovering the
cost of operating department-owned aircraft through charges to
aircraft users.
Sec. 384. (1) The department shall not 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 (3), 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 unless the
legislature has enacted specific enabling legislation to allow for
the construction of the Detroit River International Crossing or a
renamed successor.
(2) On or before March 31, 2012, the department shall report
to the state budget director, the house and senate appropriations
subcommittees on transportation, and the house and senate fiscal
agencies on department activities related to the Detroit River
International Crossing or a renamed successor.
(3) 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 use all available toll
credits, as provided by private toll facilities in this state and
certified by the federal highway administration, to match available
federal aid highway funds.
(2) The department shall not use toll credits generated by a
private tolled bridge crossing to finance, design, plan, construct,
operate, or maintain any international bridge crossing within 5
miles of that privately tolled bridge.
Sec. 393. The department shall promote best practices for
public transportation services in this state, including, but not
limited to, the following:
(a) Transit vehicle rehabilitation to reduce life-cycle cost
of public transportation through mid-life 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.
Sec. 398. For the fiscal year ending September 30, 2012, the
appropriation to a street railway pursuant to section 10e(22) of
1951 PA 51, MCL 247.660e, is $0.
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 the 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 energy, labor, and economic growth 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 (MTF)
shall be distributed to the comprehensive transportation fund
(CTF), the economic development fund (EDF), the recreation
improvement fund (RIF), and the state trunkline fund (STF), in
accordance with this article 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 article, 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.
Sec. 602. If the department uses manufactured pipe for road
construction drainage, the department shall require that pipe used
under certain load-bearing conditions beneath the roadway meets the
standards established by the American society for testing and
materials (ASTM) or American association of state highway and
transportation officials (AASHTO). The department may also use the
mandrel test for manufactured pipe 60 days after installation and
provide a summary of the results of these inspections to the house
of representatives and senate appropriations subcommittees on
transportation and house and senate fiscal agencies.
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. 610. It is the intent of the legislature that the
department 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, 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.
Sec. 664. It is the intent of the legislature that if actual
state-restricted revenue deposited to the Michigan transportation
fund exceeds the revenue estimates upon which the appropriations in
part 1 of this article were based, the department shall give
priority to reinstating delayed and deferred projects.
COMPREHENSIVE TRANSPORTATION FUND
Sec. 701. Money that is received by the state as a lease
payment for state-owned intercity bus equipment is not money to be
deposited in the comprehensive transportation fund under section
10b of 1951 PA 51, MCL 247.660b, but is money that is deposited in
an intercity bus equipment fund for appropriation for the purchase
and repair of intercity bus equipment. Proceeds received by the
state from the sale of intercity bus equipment are deposited in an
intercity bus equipment fund for appropriation for the purchase and
repair of intercity bus equipment. Security deposits from the lease
of state-owned intercity bus equipment not returned to the lessee
of the equipment under terms of the lease agreement are deposited
in an intercity bus equipment fund for appropriation for the repair
of intercity bus equipment. At the close of the fiscal year, any
funds remaining in the intercity bus equipment fund shall remain in
the fund and be carried forward into the succeeding fiscal year.
Sec. 702. Money that is received by the 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. 708. If funds appropriated in part 1 are used to provide
state-owned or state-leased buses to private intercity bus
carriers, the department shall charge not less than $1,000.00 per
bus per year for their use.
Sec. 711. (1) From the funds appropriated in part 1 from the
comprehensive transportation fund for rail passenger service, the
department shall negotiate with a rail carrier to provide rail
service between Grand Rapids and Chicago and between Port Huron and
Chicago, consistent with the other provisions of this section.
(2) The rail carrier shall, as a condition to receiving a
state operating subsidy, maintain a system to monitor, collect, and
resolve customer complaints and shall make the information
available to the department, the house and senate appropriations
subcommittees on transportation, and the house and senate fiscal
agencies.
(3) Future state support for the service between Grand Rapids
and Chicago and Port Huron and Chicago is dependent on the
department's ability to provide a plan and a contract for services
that increase ridership and revenue, reduce operating costs, and
improve on-time performance.
(4) No state subsidy shall be provided from the funds
appropriated in part 1 if the chosen rail carrier is Amtrak and
Amtrak discontinued service or any portion of the service between
Port Huron and Chicago or Grand Rapids and Chicago during the
preceding fiscal year, unless the discontinuance of service was for
track maintenance or was caused by acts of God.
(5) For rail passenger service supported in any part through
capital or operating assistance from funds appropriated in this
article, the department shall work with the rail carrier to
identify ways in which reasonable transport of bicycles by
passengers can be accommodated.
(6) The department shall report to the house and senate
appropriations subcommittees on transportation, and the house and
senate fiscal agencies, not later than July 1, 2012, on the status
of capital grants related to rail passenger service in Michigan.
The report shall identify, and describe the status of, capital
improvement projects related to higher train speeds, reduced travel
time, station renovations, and other service improvements. The
report shall also identify actual or anticipated costs of these
projects, funding sources, and anticipated costs and funding
sources required to maintain the improvements.
Sec. 714. The department, in cooperation with local transit
agencies, shall work to ensure that demand-response services are
provided throughout Michigan. The department shall continue to work
with local units of government to address the unmet transit needs
in Michigan.
Sec. 731. 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. 734. (1) The department shall ensure that all public
transit agencies provide the highest quality public transit service
by moving people in a cost-effective, safe, and user-friendly
manner that maintains and attracts residents and businesses.
(2) Public transit agencies receiving funds under part 1 shall
do all of the following:
(a) Provide efficient, cost-effective, safe, well-maintained,
reliable, customer-driven transportation services.
(b) Provide a quality work environment that has and fulfills
employee performance, productivity, and development standards.
(c) Identify and capture all available funding or create cost-
effective programs to eliminate debt and have a balanced budget.
(d) Maintain sufficient local and community funding.
(e) Support business development by providing transportation
to areas of employment and commerce, emerging or established
businesses, and health care facilities.
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.
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 2.5% of the cost of any project under this section, unless a
total nonfederal share greater than 5% 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 article 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 the status of
airport improvement projects funded in part 1 with the estimated
dollars allocated for each project. If there has to be a delay in
reporting, the state transportation department shall notify the
house and senate appropriations subcommittees on transportation in
writing of the date the report will be received.
Sec. 903. The appropriations in part 1 for capital outlay
shall be carried forward at the end of the fiscal year consistent
with the provisions of section 248 of the management and budget
act, 1984 PA 431, MCL 18.1248.
Sec. 904. (1) The director shall allocate lump-sum
appropriations made in this article 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 and designated as work
project 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.
ONE-TIME BASIS ONLY
Sec. 1001. For the state fiscal year ending September 30,
2012, there is appropriated from general fund/general purpose
revenue, on a 1-time basis only, $500,000.00 for the following
purpose:
Maintenance of 2 swing bridges......................... $ 500,000
PART 2A
PROVISIONS CONCERNING ANTICIPATED APPROPRIATIONS
FOR FISCAL YEAR 2012-2013
GENERAL SECTIONS
Sec. 1201. It is the intent of the legislature to provide
appropriations for the fiscal year ending on September 30, 2013 for
the line items listed in part 1. The fiscal year 2012-2013
appropriations are anticipated to be the same as those for fiscal
year 2011-2012, 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 2012 consensus revenue estimating
conference.