Act No. 166

Public Acts of 2022

Approved by the Governor*

July 20, 2022

Filed with the Secretary of State

July 20, 2022

EFFECTIVE DATE: July 20, 2022

*Item Vetoes

ARTICLE 2

DEPARTMENT OF CORRECTIONS

Sec. 109. ONE-TIME APPROPRIATIONS

Gender reassignment legal defense................................................ $ 100,000 (Page 18)

Sec. 805.

Entire Section. (Page 34)

ARTICLE 6

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Sec. 116. FAMILY HEALTH SERVICES

Maternal navigator pilot program..................................................... $ 3,000,000 (Page 162)

Maternity home program................................................................. $ 4,000,000 (Page 162)

Pregnancy resource centers............................................................ $ 1,500,000 (Page 162)

Sec. 243.

Entire Section. (Page 175)

Sec. 532.

Entire Section. (Page 187)

Sec. 548.

Entire Section. (Page 189)

Sec. 1307.

Entire Section. (Page 216)

Sec. 1323.

Entire Section. (Page 218)

Sec. 1345.

Entire Section. (Page 219)

Sec. 1346.

Entire Section. (Page 219)

state of michigan

101st Legislature

Regular session of 2022

Introduced by Reps. VanWoerkom and Albert

ENROLLED HOUSE BILL No. 5783

AN ACT to make, supplement, adjust, and consolidate appropriations for various state departments and agencies, capital outlays, the judicial branch, and the legislative branch for the fiscal years ending September 30, 2022 and September 30, 2023; to provide for certain conditions on appropriations; to provide for the expenditure of the appropriations; and to repeal acts and parts of acts.

The People of the State of Michigan enact:

ARTICLE 1

DEPARTMENT OF AGRICULTURE AND RURAL DEVELOPMENT

part 1

line-item appropriations

Sec. 101. There is appropriated for the department of agriculture and rural development for the fiscal year ending September 30, 2023, from the following funds:

DEPARTMENT OF AGRICULTURE AND RURAL DEVELOPMENT
APPROPRIATION SUMMARY
Full-time equated unclassified positions	6.0
Full-time equated classified positions	531.0
GROSS APPROPRIATION		$	187,715,100
Total interdepartmental grants and intradepartmental transfers			326,700
ADJUSTED GROSS APPROPRIATION		$	187,388,400
Federal revenues:
Total federal revenues			19,670,900
Special revenue funds:
Total local revenues			0
Total private revenues			21,300
Total other state restricted revenues			44,706,400
State general fund/general purpose		$	122,989,800
For Fiscal Year Ending Sept. 30, 2023
Sec. 102. DEPARTMENTAL ADMINISTRATION AND SUPPORT
Full-time equated unclassified positions	6.0
Full-time equated classified positions	31.0
Unclassified salaries—FTE positions	6.0	$	651,900
Accounting service center			1,048,500
Commissions and boards			23,800
Emergency management—FTEs	8.0		2,943,800
Executive direction—FTEs	23.0		3,288,800
Property management			752,400
GROSS APPROPRIATION		$	8,709,200
Appropriated from:
Federal revenues:
HHS, multiple grants			447,400
Special revenue funds:
Agriculture licensing and inspection fees			45,400
Dairy and food safety fund			102,700
Feed control fund			8,100
Fertilizer control fund			10,200
Freshwater protection fund			62,400
Gasoline inspection and testing fund			25,600
Industry support funds			57,000
Michigan craft beverage council fund			8,800
Private forestland enhancement fund			16,000
Refined petroleum fund			20,500
Weights and measures regulation fees			5,000
State general fund/general purpose		$	7,900,100
Sec. 103. INFORMATION AND TECHNOLOGY
Information technology services and projects		$	2,337,700
GROSS APPROPRIATION		$	2,337,700
Appropriated from:
Interdepartmental grant revenues:
Special revenue funds:
Agriculture licensing and inspection fees			91,400
Dairy and food safety fund			74,800
Feed control fund			15,000
Fertilizer control fund			15,000
Freshwater protection fund			15,000
Gasoline inspection and testing fund			32,400
State general fund/general purpose		$	2,094,100
Sec. 104. FOOD AND DAIRY
Full-time equated classified positions	139.0
Food safety and quality assurance—FTEs	103.0	$	18,518,900
Milk safety and quality assurance—FTEs	36.0		5,880,600
GROSS APPROPRIATION		$	24,399,500
Appropriated from:
Federal revenues:
HHS, multiple grants			2,787,100
USDA, multiple grants			137,100
Special revenue funds:
Consumer and industry food safety education fund			242,500
Dairy and food safety fund			5,484,400
Industry food safety education fund			114,100
Marihuana regulatory fund			350,000
Marihuana regulation fund			350,000
For Fiscal Year Ending Sept. 30, 2023
State general fund/general purpose		$	14,934,300
Sec. 105. ANIMAL INDUSTRY
Full-time equated classified positions	62.0
Animal disease prevention and response—FTEs	62.0	$	10,520,900
Indemnification - livestock depredation			15,000
Michigan animal agriculture alliance			3,000,000
GROSS APPROPRIATION		$	13,535,900
Appropriated from:
Federal revenues:
HHS, multiple grants			15,100
USDA, multiple grants			1,067,400
Special revenue funds:
Agriculture licensing and inspection fees			71,800
Animal welfare fund			150,000
State general fund/general purpose		$	12,231,600
Sec. 106. PESTICIDE AND PLANT PEST MANAGEMENT
Full-time equated classified positions	101.0
Animal feed safety—FTEs	10.0	$	2,116,100
Pesticide and plant pest management—FTEs	91.0		15,606,400
GROSS APPROPRIATION		$	17,722,500
Appropriated from:
Federal revenues:
EPA, multiple grants			578,700
HHS, multiple grants			397,400
USDA, multiple grants			721,100
Special revenue funds:
Private - slow-the-spread foundation			21,300
Agriculture licensing and inspection fees			4,579,300
Commodity inspection fees			688,600
Feed control fund			1,402,100
Fertilizer control fund			1,347,800
Freshwater protection fund			157,500
Horticulture fund			70,000
Industrial hemp fund			677,200
Industry support funds			228,100
State general fund/general purpose		$	6,853,400
Sec. 107. ENVIRONMENTAL STEWARDSHIP
Full-time equated classified positions	66.5
Agricultural preservation easement grants		$	1,900,000
Environmental stewardship - MAEAP—FTEs	26.0		11,752,300
Farmland and open space preservation—FTEs	10.0		1,608,700
Intercounty drain—FTEs	6.0		862,600
Local conservation districts			2,000,000
Migrant labor housing—FTEs	9.0		1,357,300
Qualified forest program—FTEs	9.0		8,078,600
Right-to-farm—FTEs	6.5		1,025,600
GROSS APPROPRIATION		$	28,585,100
Appropriated from:
Interdepartmental grant revenues:
IDG from MDEGLE, biosolids			94,800
Federal revenues:
Department of interior			96,300
EPA, multiple grants			564,000
USDA, multiple grants			6,722,300
For Fiscal Year Ending Sept. 30, 2023
Special revenue funds:
Agricultural preservation fund		$	3,508,700
Freshwater protection fund			8,331,700
Migratory labor housing fund			143,900
Private forestland enhancement fund			1,080,100
State general fund/general purpose		$	8,043,300
Sec. 108. LABORATORY PROGRAM
Full-time equated classified positions	108.5
Central licensing and customer call center—FTEs	13.0	$	1,533,100
Consumer protection program—FTEs	42.0		7,067,100
Laboratory services—FTEs	42.5		8,282,800
USDA monitoring—FTEs	11.0		1,704,300
GROSS APPROPRIATION		$	18,587,300
Appropriated from:
Interdepartmental grant revenues:
IDG from LARA (LCC), liquor quality testing fees			231,900
Federal revenues:
EPA, multiple grants			180,600
HHS, multiple grants			1,568,100
USDA, multiple grants			1,705,500
Special revenue funds:
Agriculture licensing and inspection fees			353,400
Dairy and food safety fund			526,100
Feed control fund			193,100
Fertilizer control fund			25,100
Freshwater protection fund			48,100
Gasoline inspection and testing fund			1,422,900
Grain dealers fee fund			8,200
Industrial hemp fund			321,300
Migratory labor housing fund			30,100
Refined petroleum fund			3,454,600
Testing fees			356,300
Weights and measures regulation fees			750,200
State general fund/general purpose		$	7,411,800
Sec. 109. AGRICULTURE DEVELOPMENT
Full-time equated classified positions	23.0
Agriculture development—FTEs	13.0	$	4,806,400
Fair food network - double up food bucks			900,000
Food and agriculture investment program			2,472,600
Michigan craft beverage council—FTEs	3.0		926,100
Office of rural development—FTE	1.0		679,800
Producer security/grain dealers—FTEs	5.0		754,000
Rural development fund grant program—FTE	1.0		2,004,800
GROSS APPROPRIATION		$	12,543,700
Appropriated from:
Federal revenues:
USDA, multiple grants			2,682,800
Special revenue funds:
Agriculture licensing and inspection fees			5,100
Grain dealers fee fund			710,100
Industry support funds			223,600
Michigan craft beverage council fund			896,100
Rural development fund			2,004,800
State general fund/general purpose		$	6,021,200
For Fiscal Year Ending Sept. 30, 2023
Sec. 110. FAIRS AND EXPOSITIONS
County fairs, shows, and expositions		$	500,000
Fairs and racing			258,600
Horse racing advisory commission			125,000
Licensed tracks - light horse racing			40,300
Light horse racing - breeders’ awards			20,000
Purses and supplements - fairs/licensed tracks			708,300
Standardbred breeders’ awards			345,900
Standardbred purses and supplements - licensed tracks			671,800
Standardbred sire stakes			275,000
Thoroughbred breeders’ awards			368,600
Thoroughbred sire stakes			378,800
Thoroughbred supplements - licensed tracks			601,900
GROSS APPROPRIATION		$	4,294,200
Appropriated from:
Special revenue funds:
Agriculture equine industry development fund			3,794,200
State general fund/general purpose		$	500,000
Sec. 111. ONE-TIME APPROPRIATIONS
Animal welfare and veterinary care		$	2,000,000
Economic development for food and agriculture			50,000,000
Local conservation districts			1,000,000
Office of rural development			3,000,000
Buy Michigan Campaign			1,000,000
GROSS APPROPRIATION		$	57,000,000
Appropriated from:
Special revenue funds:
State general fund/general purpose		$	57,000,000

part 2

provisions concerning appropriations

for fiscal year

general sections

Sec. 201. Pursuant to section 30 of article IX of the state constitution of 1963, total state spending from state sources under part 1 for fiscal year 2022-2023 is $167,696,200.00 and state spending from state sources to be paid to local units of government for fiscal year 2022-2023 is $13,600,000.00. The itemized statement below identifies appropriations from which spending to local units of government will occur:

DEPARTMENT OF AGRICULTURE AND RURAL DEVELOPMENT
Agriculture preservation easement grants	$	1,900,000
Animal welfare and veterinary care		300,000
Environmental stewardship/MAEAP		4,100,000
Local conservation districts		3,000,000
Office of rural development		1,500,000
Qualified forest program		1,400,000
Rural development fund grant program		1,400,000
TOTAL	$	13,600,000

Sec. 202. The appropriations authorized under part 1 and this part are subject to the management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594.

Sec. 203. As used in part 1 and this part:

(a) “Department” means the department of agriculture and rural development.

(b) “Director” means the director of the department.

(d) “FTE” means full-time equated.

(e) “IDG” means interdepartmental grant.

(f) “MAEAP” means the Michigan agriculture environmental assurance program.

(g) “MDEGLE” means the Michigan department of environment, Great Lakes, and energy.

(h) “Subcommittees” means all members of the subcommittees of the house and senate appropriations committees with jurisdiction over the budget for the department.

(i) “TB” means tuberculosis.

(j) “USDA” means the United States Department of Agriculture.

Sec. 204. (1) The departments and agencies receiving appropriations in part 1 shall use the internet to fulfill the reporting requirements of this part. This requirement shall include transmission of reports via email to the recipients identified for each reporting requirement, and shall include placement of reports on an internet site.

(2) In fulfilling the reporting requirements of this part, the department shall notify report recipients when reports are posted to the department website.

Sec. 205. To the extent permissible under section 261 of the management and budget act, 1984 PA 431, MCL 18.1261, all of the following apply to funds appropriated in part 1:

(a) The funds must not be used for the purchase of foreign goods or services, or both, if competitively priced and of comparable quality American goods or services, or both, are available.

(b) Preference must be given to goods or services, or both, manufactured or provided by Michigan businesses, if they are competitively priced and of comparable quality.

(c) Preference must be given to goods or services, or both, that are manufactured or provided by Michigan businesses owned and operated by veterans, if they are competitively priced and of comparable quality.

Sec. 206. To the extent permissible under the management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594, the director shall take all reasonable steps to ensure businesses in deprived and depressed communities compete for and perform contracts to provide services or supplies, or both. Each director shall strongly encourage firms with which the department contracts to subcontract with certified businesses in depressed and deprived communities for services or supplies, or both.

Sec. 207. The departments and agencies receiving appropriations in part 1 shall prepare a report on out-of-state travel expenses not later than January 1 of each year. The travel report shall be a listing of all travel by classified and unclassified employees outside this state in the immediately preceding fiscal year that was funded in whole or in part with funds appropriated in the department’s budget. The report shall be submitted to the house and senate appropriations committees, the house and senate fiscal agencies, and the state budget director. The report shall include the following information:

(a) The dates of each travel occurrence.

(b) The transportation and related costs of each travel occurrence, including the proportion funded with state general fund/general purpose revenues, the proportion funded with state restricted revenues, the proportion funded with federal revenues, and the proportion funded with other revenues.

Sec. 208. Funds appropriated in part 1 shall not be used by a principal executive department, state agency, or authority to hire a person to provide legal services that are the responsibility of the attorney general. This prohibition does not apply to legal services for bonding activities and for those outside services that the attorney general authorizes.

Sec. 209. Not later than November 30, the state budget office shall prepare and transmit a report that provides for estimates of the total general fund/general purpose appropriation lapses at the close of the prior fiscal year. This report shall summarize the projected year-end general fund/general purpose appropriation lapses by major departmental program or program areas. The report shall be transmitted to the chairpersons of the senate and house of representatives standing committees on appropriations and the senate and house fiscal agencies.

Sec. 210. (1) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $3,000,000.00 for federal contingency authorization. These funds are not available for expenditure until they have been transferred to another line item in part 1 under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.

(2) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $2,000,000.00 for state restricted contingency authorization. These funds are not available for expenditure until they have been transferred to another line item in part 1 under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.

(3) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $100,000.00 for local contingency authorization. These funds are not available for expenditure until they have been transferred to another line item in part 1 under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.

(4) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $100,000.00 for private contingency authorization. These funds are not available for expenditure until they have been transferred to another line item in part 1 under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.

Sec. 211. The department shall cooperate with the department of technology, management, and budget to maintain a searchable website accessible by the public at no cost that includes, but is not limited to, all of the following for each department or agency:

(a) Fiscal year-to-date expenditures by category.

(b) Fiscal year-to-date expenditures by appropriation unit.

(c) Fiscal year-to-date payments to a selected vendor, including the vendor name, payment date, payment amount, and payment description.

(d) The number of active department employees by job classification.

(e) Job specifications and wage rates.

Sec. 212. Within 14 days after the release of the executive budget recommendation, the department shall cooperate with the state budget office to provide the senate and house appropriations chairs, the subcommittees, respectively, and the senate and house fiscal agencies with an annual report on estimated state restricted fund balances, state restricted fund projected revenues, and state restricted fund expenditures for the fiscal years ending September 30, 2022 and September 30, 2023.

Sec. 213. The department shall maintain, on a publicly accessible website, a department scorecard that identifies, tracks, and regularly updates key metrics that are used to monitor and improve the agency’s performance.

Sec. 214. Total authorized appropriations from all sources under part 1 for legacy costs for the fiscal year ending September 30, 2023 is $11,574,600.00. From this amount, total agency appropriations for pension-related legacy costs are estimated at $7,027,300.00. Total agency appropriations for retiree health care legacy costs are estimated at $4,547,300.00.

Sec. 215. The department shall not take disciplinary action against an employee of the department or departmental agency in the state classified civil service because the employee communicates with a member of the senate or house or a member’s staff, unless the communication is prohibited by law and the department or agency taking disciplinary action is exercising its authority as provided by law.

Sec. 216. (1) On a quarterly basis, the department shall report to the senate and house appropriations committees, the senate and house appropriations subcommittees on the department budget, and the senate and house fiscal agencies the following information:

(a) The number of FTEs in pay status by type of staff and civil service classification.

(b) A comparison by line item of the number of FTEs authorized from funds appropriated in part 1 to the actual number of FTEs employed by the department at the end of the reporting period.

(2) By March 1 of the current fiscal year and annually thereafter, the department shall report to the senate and house appropriations committees, the senate and house appropriations subcommittees on the department budget, and the senate and house fiscal agencies the following information:

(a) Number of employees that were engaged in remote work in 2022.

(b) Number of employees authorized to work remotely and the actual number of those working remotely in the current reporting period.

(d) Reduced use of office space associated with remote work.

Sec. 217. Appropriations in part 1 shall, to the extent possible by the department, not be expended until all existing work project authorization available for the same purposes is exhausted.

Sec. 218. If the state administrative board, acting under section 3 of 1921 PA 2, MCL 17.3, transfers funds from an amount appropriated under this act, the legislature may, by a concurrent resolution adopted by a majority of the members elected to and serving in each house, intertransfer funds within this act for the particular department, board, commission, officer, or institution.

Sec. 219. 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. The 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 appropriations committees, the senate and house subcommittees on agriculture and rural development, the joint committee on administrative rules, and the senate and house fiscal agencies.

Sec. 221. (1) From the funds appropriated in part 1, the department shall do all of the following:

(a) Report to the house and senate appropriations committees, the house and senate fiscal agencies, the house and senate policy offices, and the state budget office any amount of severance pay for a department director, deputy director, or other high-ranking department official not later than 14 days after a severance agreement with the director or official is signed. The name of the director or official and the amount of severance pay must be included in the report required by this subdivision.

(b) Maintain an internet site that posts any severance pay in excess of 6 weeks of wages, regardless of the position held by the former department employee receiving severance pay.

(c) By February 1, report to the house and senate appropriations subcommittees on the department budget, the house and senate fiscal agencies, the house and senate policy offices, and the state budget office on the total amount of severance pay remitted to former department employees during the fiscal year ending September 30, 2022 and the total number of former department employees that were remitted severance pay during the fiscal year ending September 30, 2022.

(2) As used in this section, “severance pay” means compensation that is both payable or paid upon the termination of employment and in addition to either wages or benefits earned during the course of employment or generally applicable retirement benefits.

Sec. 222. (1) Any department, agency, board, commission, or public officer that receives funding under part 1 shall not do any of the following:

(a) Require as a condition of accessing any facility or receiving services that an individual provide proof that he or she has received a COVID-19 vaccine except as provided by federal law or as a condition of receiving federal Medicare or Medicaid funding.

(b) Produce, develop, issue, or require a COVID-19 vaccine passport.

(c) Develop a database or make any existing database publicly available to access an individual’s COVID-19 vaccine status by any person, company, or governmental entity.

(d) Require as a condition of employment that an employee or official provide proof that he or she has received a COVID-19 vaccine. This subdivision does not apply to any hospital, congregate care facility, or other medical facility or any hospital, congregate care facility, or other medical facility operated by a local subdivision that receives federal Medicare or Medicaid funding.

(2) A department, agency, board, commission, or public officer may not subject any individual to any negative employment consequence, retaliation, or retribution because of that individual’s COVID-19 vaccine status.

(3) Subsection (1) does not prohibit any person, department, agency, board, commission, or public officer from transmitting proof of an individual’s COVID-19 vaccine status to any person, company, or governmental entity, so long as the individual provides affirmative consent.

(4) If a department, agency, board, commission, subdivision, or official or public officer is required to establish a vaccine policy due to a federal mandate, it must provide exemptions to any COVID-19 vaccine policy to the following individuals:

(a) An individual for whom a physician certifies that a COVID-19 vaccine is or may be detrimental to the individual’s health or is not appropriate.

(b) An individual who provides a written statement to the effect that the requirements of the COVID-19 vaccine policy cannot be met because of religious convictions or other consistently held objection to immunization.

(5) As used in this section, “public officer” means a person appointed by the governor or another executive department official or an elected or appointed official of this state or a political subdivision of this state.

Sec. 224. It is the intent of the legislature that departments maximize the efficiency of the state workforce and, where possible, prioritize in-person work. Each executive branch department, agency, board, or commission that receives funding under part 1 must post its in-person, remote, or hybrid work policy on its website.

Sec. 241. When the department activates the incident management team to protect life or property, within 12 hours the department shall notify the senate and house members within whose district the site is located.

DEPARTMENTAL ADMINISTRATION AND SUPPORT

Sec. 301. (1) The department may establish a fee schedule and collect fees for the following work activities and services:

(a) Pesticide and plant pest management propagation and certification of virus-free foundation stock.

(b) Fruit and vegetable inspection and grading services at shipping and termination points and processing plants.

(c) Laboratory support analyses of food, livestock, and agricultural products for disease, foreign products for disease, toxic materials, foreign substances, and quality standards.

(d) Laboratory support test samples for other state and local agencies and public or private organizations.

(2) The department may receive and expend revenue from the fees authorized under subsection (1), subject to appropriation, for the purpose of recovering expenses associated with the work activities and services described in subsection (1). Fee revenue collected by the department under subsection (1) shall not lapse to the state general fund at the end of the fiscal year but shall carry forward for appropriation by the legislature in the subsequent fiscal year.

(3) The department shall notify the subcommittees, the fiscal agencies, and the state budget office 30 days prior to proposing changes in fees authorized under this section or under section 5 of 1915 PA 91, MCL 285.35.

(4) On or before February 1 of each year, the department shall provide a report to the subcommittees, the fiscal agencies, and the state budget office detailing all the fees charged by the department under the authorization provided in this section, including, but not limited to, rates, number of individuals paying each fee, and the revenue generated by each fee in the previous fiscal year.

(5) To the extent possible, the department will work with vendors supplying testing for certification of commercial pesticide applicators, private pesticide applicators, registered pesticide applicators, and approved trainers for use with pesticide applicators to ensure adequate testing capacity, statewide access to testing sites, and cost structures comparable to neighboring states.

Sec. 302. (1) The department may contract with or provide grants to local units of government, institutions of higher education, or nonprofit organizations to support activities authorized by appropriations in part 1. As used in this section, contracts and grants include, but are not limited to, contracts for delivery of groundwater/freshwater programs, MAEAP technical assistance, forest management, invasive species monitoring, wildlife risk mitigation, grants promoting proper pesticide disposal, and research grants for the purpose of enhancing the agricultural industries in this state.

(2) The department shall provide notice of contracts or grants authorized under this section to the subcommittees, the fiscal agencies, and the state budget office not later than 7 days before the department notifies contract or grant recipients.

FOOD and DAIRY

Sec. 401. (1) The department shall report on the previous fiscal year’s activities of the food and dairy division. The report shall include information on activities and outcomes of the dairy safety and inspection program, the food safety inspection program, the foodborne illness and emergency response program, and the food service program.

(2) The report shall include information on significant foodborne outbreaks and emergencies, including any significant enforcement actions taken related to food safety during the prior calendar year.

(3) The report shall be transmitted to the subcommittees, the fiscal agencies, and the state budget office and posted to the department’s website on or before April 1 of each year.

ANIMAL INDUSTRY

Sec. 451. From the funds appropriated in part 1, the department shall pay for all whole herd bovine TB testing costs and individual animal testing costs in the modified accredited zone and buffer counties as referenced in the current memorandum of understanding between the department and the USDA to maintain split-state status requirements. These costs include indemnity and compensation for injury causing death or downer to animals.

Sec. 452. (1) The department shall report on the previous calendar year’s activities of the animal industry division. The report shall be transmitted to the subcommittees, the fiscal agencies, and the state budget office and posted to the department’s website on or before April 1 of each year.

(2) The department shall include in the report all indemnification payments for livestock depredation made in the previous calendar year and shall include all of the following:

(a) The reason for the indemnification.

(b) The amount of the indemnification.

Sec. 454. The department shall use its resources to collaborate with the USDA to monitor bovine TB, consistent with the current required memorandum of understanding between the department and the USDA.

Sec. 455. From the funds appropriated in part 1 for animal disease prevention and response, $200,000.00 shall be used to cover costs associated with testing of registered privately owned cervid facilities as follows: for required surveillance testing for chronic wasting disease and for infected herd bovine TB testing.

Sec. 457. (1) On or before October 15 of each year, the department shall provide to the subcommittees, the fiscal agencies, and the state budget office a report on bovine TB status and department activities.

(2) For each fiscal quarter following the report required in subsection (1), the department shall provide an update to the subcommittees, the fiscal agencies, and the state budget office. The quarterly update reports shall identify significant impacts to the program, including new incidence of bovine TB in this state, department activity associated with specific new incidence of bovine TB, any changes in USDA requirements or movement orders, and information and data on wildlife risk mitigation plan implementation in the modified accredited zone; implementation of a movement certificate process; progress toward annual surveillance test requirements; efforts to work with slaughter facilities in this state, as well as those that slaughter a significant number of animals from this state; educational programs and information for this state’s livestock community; and any other item the legislature should be aware of that will promote or hinder efforts to achieve bovine TB free status for this state.

Sec. 458. From the funds appropriated in part 1 for Michigan animal agriculture alliance, the department shall work with animal industry representatives and state research universities to continue an animal research grant program.

PESTICIDE AND PLANT PEST MANAGEMENT

Sec. 501. The department shall report on the previous calendar year’s activities of the pesticide and plant pest management division. The report shall be transmitted to the subcommittees, the fiscal agencies, and the state budget office and posted to the department’s website on or before April 1 of each year.

Sec. 502. From the funds appropriated in part 1 for pesticide and plant pest management, $1,170,000.00 shall be used for staffing and operational support for education and compliance assistance efforts to ensure uniform application of pesticide regulations.

ENVIRONMENTAL STEWARDSHIP

Sec. 601. The funds appropriated in part 1 for environmental stewardship/MAEAP shall be used to support department agriculture pollution prevention programs, including groundwater and freshwater protection programs under part 87 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.8701 to 324.8717, and technical assistance in implementing conservation grants available under the federal farm bill of 2018, Public Law 115-334.

Sec. 602. The department shall report on the previous calendar year’s activities of the environmental stewardship division. The report shall be transmitted to the subcommittees, the fiscal agencies, and the state budget office and posted to the department’s website on or before April 1 of each year.

Sec. 603. In addition to the report required under section 602, by April 1, the department shall prepare a report to be posted on the department’s website and provided to the relevant house and senate standing committees and appropriations subcommittees as well as to the fiscal agencies and state budget office. The report shall contain the following information for agriculture nutrient best management voluntary practices program: number and location of acres enrolled in nutrient management or other best management practices; number of acres enrolled that were not previously verified under the MAEAP; summary of practices implemented and available incentive programs; starting and ending balances of the program; summary of outreach and training efforts; and testing results.

Sec. 604. The department may receive and expend federal revenues up to a total of $1,000,000.00 in excess of the federal revenue appropriated in section 107 of part 1 for environmental stewardship and MAEAP activities. The department shall notify the subcommittees, the fiscal agencies, and the state budget office prior to expending federal revenues authorized under this section.

Sec. 608. (1) The appropriations in part 1 for the qualified forest program are for the purpose of increasing the knowledge of nonindustrial private forestland owners of sound forest management practices and increasing the amount of commercial timber production from those lands.

(2) The department shall work in partnership with stakeholder groups and other state and federal agencies to increase the active management of nonindustrial private forestland to foster the growth of Michigan’s timber product industry.

Sec. 609. (1) The appropriations in part 1 for local conservation districts shall be distributed in equal amounts to local conservation districts in this state that were in operation as of April 15, 2021.

(2) On or before March 1, 2023, the department shall report on the previous calendar year’s activities of local conservation districts. The report shall include descriptions of local conservation district activities and funding, including uses of appropriations made in part 1. In preparing this report, the department shall coordinate with representatives of local conservation districts. The report shall be transmitted to the subcommittees, the fiscal agencies, and the state budget office and posted to the department’s website.

Sec. 610. From the funds appropriated in part 1, the department shall maintain coordination with the department of treasury to improve the timely processing and issuance of tax credits under section 36109 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.36109, for the Michigan’s farmland and open space preservation program under parts 361 and 362 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.36101 to 324.36116 and 324.36201 to 324.36207. This includes, but is not limited to:

(a) Timely review of mailed applications and paperwork.

(b) Timely and proactive communications to applicants on the status of their application.

LABORATORY PROGRAM

Sec. 651. The department shall report on the previous calendar year’s activities of the laboratory division. The report shall be transmitted to the subcommittees, the fiscal agencies, and the state budget office and posted to the department’s website on or before April 1 of each year.

AGRICULTURE DEVELOPMENT

Sec. 701. (1) From the funds appropriated in part 1 for the food and agriculture investment program, the department shall establish and administer a food and agriculture investment program.

(2) The food and agriculture investment program shall expand the Michigan food and agriculture sector, grow Michigan exports, promote the development of value-added agricultural production, food hubs, food incubators, and community-based processing facilities with a focus on new and expanding protein processors, and the expansion of farm markets and urban agriculture, including promotion of hoop houses, and increase food processing activities within this state by accelerating projects and infrastructure development that support growth in the food and agriculture processing industry.

(3) In addition to the funds appropriated in part 1, the department may receive and expend funds received from outside sources for the food and agriculture investment program.

(4) Before the allocation of funding, all projects shall receive approval from the Michigan commission of agriculture and rural development, except for projects selected through a competitive process by a joint evaluation committee selected by the director and consisting of representatives that have agriculture, business, and economic development expertise. Projects funded through the food and agriculture investment program will be required to have a grant agreement that outlines milestones and activities that must be met in order to receive a disbursement of funds. Projects must also identify measurable project outcomes.

(5) The department shall include in the agriculture development annual report a report on the food and agriculture investment program for the previous fiscal year that includes a listing of the grantees, award amounts, match funding, project locations, and project outcomes.

(6) The food and agriculture investment program shall be administered by the department and provide support for food and agriculture projects that will enable growth in the industry and this state’s economy.

(7) The unexpended funds appropriated in part 1 for the food and agriculture investment program are designated as a work project appropriation, and any unencumbered or unallotted funds shall not lapse at the end of the fiscal year and shall be available for expenditures for projects under this section until the projects have been completed. The following is in compliance with section 451a(1) of the management and budget act, 1984 PA 431, MCL 18.1451a:

(a) The purpose of the project is to promote and expand the Michigan food and agriculture sector, grow Michigan exports, and increase food processing activities within the state.

(b) The project will be accomplished by utilizing state employees or contracts with service providers, or both.

(d) The tentative completion date for the work project is September 30, 2025.

(8) The department may expend money from the funds appropriated in part 1 for the food and agriculture investment program, including all of the following activities:

(a) Grants.

(b) Loans or loan guarantees.

(d) Other economic assistance.

(e) Program administration.

(f) Export assistance.

(9) The department shall expend no more than 5% from the funds appropriated in part 1 for the food and agriculture investment program for administrative purposes.

Sec. 702. The department shall work with the rural development fund board to establish a process and criteria for funding projects as well as establishing metrics and measurable outcomes for the program. Funds appropriated from the rural development fund shall be used in accordance with the provisions of the rural development fund act, 2012 PA 411, MCL 286.941 to 286.947.

Sec. 702a. The office of rural development shall act to encourage and enable appropriate community advancements and improvements, including, but not limited to, housing, infrastructure, education, workforce development, and other needs uniquely present in rural areas of this state that will assist in expansion of rural agriculture development.

Sec. 703. (1) From the funds appropriated in part 1 for fair food network – double up food bucks, the department shall work with the fair food network to ensure that at least 80% of the funds allocated to the double up food bucks program are directly used for the payments to participating vendors.

(2) The department shall work with the department of health and human services to do all of the following:

(a) Notify recipients of food assistance program benefits that food assistance program benefits can be accessed at many farmer’s markets in this state with bridge cards.

(b) Notify recipients of food assistance program benefits about the double up food bucks program that is administered by the fair food network. Food assistance program recipients shall receive information about the double up food bucks program, including information that explains that when program recipients spend up to $20.00 at participating farmer’s markets and grocery stores, the recipient can receive an additional $20.00 to buy Michigan produce.

(3) The department shall work with the fair food network to expand access to the double up food bucks program in each of the state’s counties with grocery stores or farmer’s markets that meet the program’s eligibility requirements.

(4) On or before June 1, 2023, the department shall submit a report on activities and outcomes of the double up food bucks program to the subcommittees and the fiscal agencies. The report shall contain all of the following:

(a) Counties in this state with participating double up food bucks vendors, the number of vendors by county, and the name and location of vendors, as of May 1, 2022.

(b) Counties in this state with participating double up food bucks vendors, the number of vendors by county, and the name of location of vendors, as of May 1, 2023. The report shall highlight counties and vendors added to the program since May 1, 2022.

Sec. 706. (1) The department shall report on the previous calendar year’s activities of the agriculture development division. The report shall be transmitted to the subcommittees, the fiscal agencies, and the state budget office and posted to the department’s website on or before April 1 of each year.

(2) The report shall include the following information on any grants awarded during the prior fiscal year:

(a) The name of the grantee.

(b) The amount of the grant.

(d) Additional state, federal, private, or local funds contributed to the grant project.

(e) The completion date of grant-funded activities.

(3) The report shall include the following information on the Michigan craft beverage council established under section 303 of the Michigan liquor control code of 1998, 1998 PA 58, MCL 436.1303:

(a) Council activities and accomplishments for the previous fiscal year.

(b) Council expenditures for the previous fiscal year by category of administration, industry support, research and education grants, and promotion and consumer education.

(c) Grants awarded during the previous fiscal year and the results of research grant projects completed during the previous fiscal year.

Sec. 707. Unexpended industry support fund revenues at the end of the fiscal year may be carried forward into the industry support fund in the succeeding fiscal year and shall not lapse to the general fund.

FAIRS and EXPOSITIONS

Sec. 801. All appropriations from the agriculture equine industry development fund shall be spent on equine-related purposes. No funds from the agriculture equine industry development fund shall be expended for nonequine-related purposes without prior approval of the legislature.

Sec. 802. From the funds appropriated in part 1 from agriculture equine industry development funds, available revenue shall be allocated in the following priority order:

(a) To support all administrative, contractual, and regulatory costs incurred by the department and the Michigan gaming control board.

(b) Up to $495,000.00 shall be allocated to the purses and supplements – fairs/licensed tracks line item.

(c) Any remaining funds collected through September 30, 2022, after the obligations in subdivisions (a) and (b) have been met, shall be prorated equally among the supplements, breeders’ awards, and sire stakes awards to eligible race meeting licensees in accordance with section 20 of the horse racing law of 1995, 1995 PA 279, MCL 431.320.

Sec. 805. (1) The department shall establish and administer a county fairs, shows, and expositions grant program. The program shall have the following objectives:

(a) Assist in the promotion of building improvements or other capital improvements at county fairgrounds of this state.

(b) Provide financial support, promotion, prizes, and premiums of equine, livestock, and other agricultural commodity expositions in this state.

(2) The department shall award grants on a competitive basis to county fairs or other organizations from the funds appropriated in part 1 for county fairs, shows, and expositions grants. Grantees will be required to provide a 50% cash match with grant awards and identify measurable project outcomes. A county fair organization that received a county fair capital improvement grant in the prior fiscal year shall not receive a grant from the appropriation in part 1.

(3) From the amount appropriated in part 1 for county fairs, shows, and expositions, up to $25,000.00 shall be expended for the purpose of financial support, promotion, prizes, and premiums of equine, livestock, and other agricultural commodity expositions in this state, and festivals.

(4) All fairs receiving grants under this section shall provide a report to the department on the financial impact resulting from the capital improvement project on both fair and nonfair events. These reports are due for 3 years immediately following the completion of the capital improvement project.

(5) The department shall identify criteria, evaluate applications, and provide recommendations to the director for final approval of grant awards.

(6) The department may expend money from the funds appropriated in part 1 for the county fairs, shows, and expositions for administering the program.

(7) The unexpended portion of the appropriation in part 1 for county fairs, shows, and expositions grants is considered a work project appropriation in accordance with section 451a of the management and budget act, 1984 PA 431, MCL 18.1451a. The following apply to the project:

(a) The purpose of the project is to support building improvements or other capital improvements at county fairgrounds of this state.

(b) All grants will be distributed in accordance with this section and the grant guidelines published prior to the request for proposals.

(d) The tentative completion date for the work project is September 30, 2025.

(8) The department shall provide a year-end report on the county fairs, shows, and expositions grants no later than December 1, 2023 to the subcommittees, the fiscal agencies, and the state budget director that includes a listing of the grantees, award amounts, match funding, project outcomes, and department costs of grant administration.

ONE-TIME APPROPRIATIONS

Sec. 900. (1) From the funds appropriated in part 1 for the office of rural development, the department shall establish a grant program to support community activities, including, but not limited to, enhancing or elevating broadband, housing, infrastructure, education, workforce development and address other needs uniquely experienced in rural areas of Michigan.

(2) From the funds appropriated in part 1, the department may increase capacity by a total of 3.0 FTE positions (limited term) to administer the program.

(3) The unexpended funds appropriated in part 1 for the office of rural development are designated as a work project appropriation, and any unencumbered or unallotted funds shall not lapse at the end of the fiscal year and shall be available for expenditures for projects under this section until the projects have been completed. The following is in compliance with section 451a of the management and budget act, 1984 PA 431, MCL 18.1451a:

(a) The purpose of the project is for supporting rural communities.

(b) The project will be accomplished by utilizing state employees or contracts with service providers, or both.

(d) The tentative completion date for the work project is September 30, 2027.

Sec. 901. (1) From the funds appropriated in part 1 for economic development for food and agriculture, the department shall establish a grant program to support the food supply chain from Michigan farms and improve food safety and security in this state.

(2) From the funds appropriated in part 1, the department may increase capacity by a total of 8.0 FTE positions (limited term) to administer the program.

(3) The unexpended funds appropriated in part 1 for economic development for food and agriculture are designated as a work project appropriation, and any unencumbered or unallotted funds shall not lapse at the end of the fiscal year and shall be available for expenditures for projects under this section until the projects have been completed. The following is in compliance with section 451a of the management and budget act, 1984 PA 431, 29 MCL 18.1451a:

(a) The purpose of the project is for stabilizing and accelerating the food supply chain while significantly increasing food security and reducing environmental risk in Michigan.

(b) The project will be accomplished by utilizing state employees or contracts with service providers, or both.

(d) The tentative completion date for the work project is September 30, 2027.

(4) From the funds appropriated in part 1 for economic development for food and agriculture, $12,000,000.00 shall be allocated to the Eastern Market.

Sec. 902. The unexpended funds appropriated in part 1 for animal welfare and veterinary care are designated as a work project appropriation, and any unencumbered or unallotted funds shall not lapse at the end of the fiscal year and shall be available for expenditures for projects under this section until the projects have been completed. The following is in compliance with section 451a of the management and budget act, 1984 PA 431, 29 MCL 18.1451a:

(a) The purpose of the project is to provide veterinary services and resources to animal care facilities.

(b) The project will be accomplished by utilizing state employees or contracts with service providers, or both.

(d) The tentative completion date for the work project is September 30, 2027.

ARTICLE 2

department of corrections

part 1

line-item appropriations

Sec. 101. There is appropriated for the department of corrections for the fiscal year ending September 30, 2023, from the following funds:

DEPARTMENT OF CORRECTIONS
APPROPRIATION SUMMARY
Full-time equated unclassified positions	16.0
For Fiscal Year Ending Sept. 30, 2023
Full-time equated classified positions	13,498.4
GROSS APPROPRIATION		$	2,125,068,000
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental transfers			0
ADJUSTED GROSS APPROPRIATION		$	2,125,068,000
Federal revenues:
Total federal revenues			5,148,400
Special revenue funds:
Total local revenues			9,879,500
Total private revenues			0
Total other state restricted revenues			29,831,800
State general fund/general purpose		$	2,080,208,300
Sec. 102. DEPARTMENTAL ADMINISTRATION AND SUPPORT
Full-time equated unclassified positions	16.0
Full-time equated classified positions	355.0
Unclassified salaries—FTEs	16.0	$	2,142,100
Administrative hearings officers			3,478,000
Budget and operations administration—FTEs	266.0		38,091,600
Compensatory buyout and union leave bank			100
County jail reimbursement program			14,814,600
Employee wellness programming—FTEs	6.0		2,021,400
Equipment and special maintenance			1,559,700
Executive direction—FTEs	22.0		4,667,700
Judicial data warehouse user fees			50,600
New custody staff training			21,616,300
Prison industries operations—FTEs	61.0		10,230,300
Property management			2,479,200
Prosecutorial and detainer expenses			4,801,000
Worker’s compensation			12,991,700
GROSS APPROPRIATION		$	118,944,300
Appropriated from:
Federal revenues:
DOJ, prison rape elimination act grant			674,700
Special revenue funds:
Correctional industries revolving fund			10,230,300
Correctional industries revolving fund 110			721,600
Jail reimbursement program fund			5,900,000
State general fund/general purpose		$	101,417,700
Sec. 103. OFFENDER SUCCESS ADMINISTRATION
Full-time equated classified positions	342.9
Community corrections comprehensive plans and services		$	13,198,100
Education/skilled trades/career readiness programs—FTEs	264.9		39,100,400
Enhanced food technology program—FTEs	11.0		1,640,000
Goodwill Flip the Script			1,250,000
Offender success community partners			14,500,000
Offender success federal grants			751,000
Offender success programming			16,122,800
Offender success services—FTEs	67.0		17,545,600
Public safety initiative			4,000,000
Residential probation diversions			16,575,500
GROSS APPROPRIATION		$	124,683,400
Appropriated from:
Federal revenues:
DOJ, prisoner reintegration			751,000
For Fiscal Year Ending Sept. 30, 2023
Federal education funding		$	1,599,400
State general fund/general purpose		$	122,333,000
Sec. 104. FIELD OPERATIONS ADMINISTRATION
Full-time equated classified positions	1,880.5
Criminal justice reinvestment		$	3,748,400
Field operations—FTEs	1,849.5		227,464,600
Parole board operations—FTEs	31.0		3,942,800
Parole/probation services			940,000
Residential alternative to prison program			1,500,000
GROSS APPROPRIATION		$	237,595,800
Appropriated from:
Special revenue funds:
Community tether program reimbursement			275,000
Reentry center offender reimbursements			10,000
Supervision fees			6,630,500
Supervision fees set-aside			940,000
State general fund/general purpose		$	229,740,300
Sec. 105. CORRECTIONAL FACILITIES ADMINISTRATION
Full-time equated classified positions	660.0
Central records—FTEs	43.0	$	4,904,400
Correctional facilities administration—FTEs	37.0		6,702,400
Housing inmates in federal institutions			511,000
Inmate housing fund			100
Inmate legal services			290,900
Leased beds and alternatives to leased beds			100
Prison food service—FTEs	336.0		74,415,900
Prison store operations—FTEs	33.0		3,472,500
Transportation—FTEs	211.0		31,555,800
GROSS APPROPRIATION		$	121,853,100
Appropriated from:
Federal revenues:
DOJ-BOP, federal prisoner reimbursement			411,000
SSA-SSI, incentive payment			272,000
Special revenue funds:
Correctional industries revolving fund 110			670,800
Resident stores			3,472,500
State general fund/general purpose		$	117,026,800
Sec. 106. HEALTH CARE
Full-time equated classified positions	1,469.3
Clinical complexes—FTEs	1,033.3	$	154,703,900
Health care administration—FTEs	18.0		3,660,100
Healthy Michigan plan administration—FTEs	12.0		1,019,000
Hepatitis C treatment			8,810,700
Interdepartmental grant to health and human services, eligibility specialists			120,200
Mental health and substance use disorder treatment services—FTEs	406.0		52,914,000
Prisoner health care services			94,793,600
Vaccination program			691,200
GROSS APPROPRIATION		$	316,712,700
Appropriated from:
Federal revenues:
Federal revenues and reimbursements			405,500
Special revenue funds:
Prisoner health care co-payments			257,200
State general fund/general purpose		$	316,050,000
For Fiscal Year Ending Sept. 30, 2023
Sec. 107. CORRECTIONAL FACILITIES
Full-time equated classified positions	8,790.7
Alger Correctional Facility - Munising—FTEs	259.0	$	32,785,600
Baraga Correctional Facility - Baraga—FTEs	295.8		39,038,000
Bellamy Creek Correctional Facility - Ionia—FTEs	392.2		47,952,000
Carson City Correctional Facility - Carson City—FTEs	421.4		52,521,700
Central Michigan Correctional Facility - St. Louis—FTEs	386.6		49,518,200
Charles E. Egeler Correctional Facility - Jackson—FTEs	386.6		49,282,900
Chippewa Correctional Facility - Kincheloe—FTEs	443.6		55,403,800
Cooper Street Correctional Facility - Jackson—FTEs	254.6		31,773,300
Detroit Detention Center—FTEs	75.8		9,604,500
Earnest C. Brooks Correctional Facility - Muskegon—FTEs	248.2		32,733,100
G. Robert Cotton Correctional Facility - Jackson—FTEs	396.0		48,836,300
Gus Harrison Correctional Facility - Adrian—FTEs	443.6		54,123,800
Ionia Correctional Facility - Ionia—FTEs	288.3		36,863,100
Kinross Correctional Facility - Kincheloe—FTEs	258.6		35,253,100
Lakeland Correctional Facility - Coldwater—FTEs	275.4		35,548,100
Macomb Correctional Facility - New Haven—FTEs	313.3		40,421,100
Marquette Branch Prison - Marquette—FTEs	319.7		40,821,000
Michigan Reformatory - Ionia—FTEs	310.1		38,104,200
Muskegon Correctional Facility - Muskegon—FTEs	208.0		28,472,700
Newberry Correctional Facility - Newberry—FTEs	199.1		26,335,100
Oaks Correctional Facility - Eastlake—FTEs	289.4		37,750,800
Parnall Correctional Facility - Jackson—FTEs	266.1		31,673,400
Richard A. Handlon Correctional Facility - Ionia—FTEs	258.0		33,662,700
Saginaw Correctional Facility - Freeland—FTEs	276.9		35,767,400
Special Alternative Incarceration Program - Jackson—FTEs	26.2		5,206,400
St. Louis Correctional Facility - St. Louis—FTEs	306.6		40,700,000
Thumb Correctional Facility - Lapeer—FTEs	283.6		36,432,500
Womens Huron Valley Correctional Complex - Ypsilanti—FTEs	505.1		63,863,000
Woodland Correctional Facility - Whitmore Lake—FTEs	296.9		39,396,200
Northern region administration and support—FTEs	43.0		4,582,900
Southern region administration and support—FTEs	63.0		19,368,300
GROSS APPROPRIATION		$	1,133,795,200
Appropriated from:
Federal revenues:
DOJ, state criminal assistance program			1,034,800
Special revenue funds:
Local funds			9,604,500
State restricted fees, revenues and reimbursements			102,100
State general fund/general purpose		$	1,123,053,800
Sec. 108. INFORMATION TECHNOLOGY
Information technology services and projects		$	31,383,500
GROSS APPROPRIATION		$	31,383,500
Appropriated from:
Special revenue funds:
Correctional industries revolving fund 110			182,000
Supervision fees set-aside			714,800
State general fund/general purpose		$	30,486,700
Sec. 109. ONE-TIME APPROPRIATIONS
Body scanners		$	4,500,000
Chance for Life			500,000
COVID-19 suspended intake payments			1,000,000
Electronic prisoner/staff communications			15,000,000
For Fiscal Year Ending Sept. 30, 2023
Gender reassignment legal defense		$	100,000
Goodwill Flip the Script			750,000
Improvements to staff areas in correctional facilities			2,500,000
John Does v MDOC settlement agreement			15,000,000
Officer uniforms			500,000
Page alert system			1,000,000
Prosperity region 8 pilot program			500,000
Savings from reduced populations			(3,750,000)
Vocational village expansion			2,500,000
GROSS APPROPRIATION		$	40,100,000
Appropriated from:
State general fund/general purpose		$	40,100,000

part 2

provisions concerning appropriations

for fiscal year

general sections

Sec. 201. In accordance with section 30 of article IX of the state constitution of 1963, total state spending from state sources under part 1 for fiscal year 2022-2023 is $2,110,040,100.00 and state spending from state sources to be paid to local units of government is $125,615,400.00. The itemized statement below identifies appropriations from which spending to local units of government will occur:

DEPARTMENT OF CORRECTIONS
Community corrections comprehensive plans and services	$	13,198,100
County jail reimbursement program		14,814,600
COVID-19 suspended intake payments		1,000,000
Field Operations		69,726,100
Leased beds and alternatives to leased beds		100
Prosecutorial and detainer expenses		4,801,000
Public safety initiative		4,000,000
Residential alternative to prison program		1,500,000
Residential probation diversions		16,575,500
TOTAL	$	$125,615,400

Sec. 202. The appropriations authorized under this part and part 1 are subject to the management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594.

Sec. 203. As used in this part and part 1:

(a) “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) “Department” or “MDOC” means the Michigan department of corrections.

(d) “DOJ-BOP” means the DOJ Bureau of Prisons.

(e) “Evidence-based” means a decision-making process that integrates the best available research, clinician expertise, and client characteristics.

(f) “Federally-qualified health center” means that term as defined in section 1396d(l)(2)(B) of the social security act, 42 USC 1396d.

(g) “FTE” means full-time equated.

(h) “Goal” means the intended or projected result of a comprehensive corrections plan or community corrections program to reduce repeat offending, criminogenic and high-risk behaviors, prison commitment rates, the length of stay in a jail, or to improve the utilization of a jail.

(i) “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.

(j) “OCC” means the office of community corrections.

(k) “Offender success” means that an offender has, with the support of the community, intervention of the field agent, and benefit of any participation in programs and treatment, made an adjustment while at liberty in the community such that he or she has not been sentenced to or returned to prison for the conviction of a new crime or the revocation of probation or parole.

(l) “Recidivism” means that term as defined in section 1 of 2017 PA 5, MCL 798.31.

(m) “Serious emotional disturbance” means that term as defined in section 100d(2) of the mental health code, 1974 PA 258, MCL 330.1100d.

(n) “Serious mental illness” means that term as defined in section 100d(3) of the mental health code, 1974 PA 258, MCL 330.1100d.

(o) “SSA” means the United States Social Security Administration.

(p) “SSA-SSI” means SSA supplemental security income.

Sec. 204. The department shall use the internet to fulfill the reporting requirements of this part. This requirement shall include transmission of reports via email to the recipients identified for each reporting requirement and it shall include placement of reports on an internet site.

Sec. 205. Except as otherwise provided in this part, all reports required under this part shall be submitted to the senate and house appropriations subcommittees on corrections, the senate and house fiscal agencies, the legislative corrections ombudsman, and the state budget office.

Sec. 206. To the extent permissible under section 261 of the management and budget act, 1984 PA 431, MCL 18.1261, all of the following apply:

(a) Funds appropriated in part 1 must not be used for the purchase of foreign goods or services, or both, if competitively priced and of comparable quality American goods or services, or both, are available.

(b) Preference must be given to goods or services, or both, manufactured or provided by Michigan businesses, if they are competitively priced and of comparable quality.

Sec. 207. The department shall not take disciplinary action against an employee of the department in the state classified civil service, or a prisoner, for communicating with a member of the legislature or his or her staff, unless the communication is prohibited by law and the department is exercising its authority as provided by law.

Sec. 208. The department shall prepare a report on out-of-state travel expenses not later than January 1 of each year. The travel report shall be a listing of all travel by classified and unclassified employees outside this state in the immediately preceding fiscal year that was funded in whole or in part with funds appropriated in the department’s budget. The report shall be submitted to the senate and house appropriations committees and to report recipients required in section 205 of this part. The report shall include the following information:

(a) The dates of each travel occurrence.

(b) The total transportation and related costs of each travel occurrence, including the proportion funded with state general fund/general purpose revenues, the proportion funded with state restricted revenues, the proportion funded with federal revenues, and the proportion funded with other revenues.

Sec. 209. Funds appropriated in part 1 shall not be used by the department to hire a person to provide legal services that are the responsibility of the attorney general. This prohibition does not apply to legal services for bonding activities and for those outside services that the attorney general authorizes.

Sec. 210. Not later than November 30, the state budget office shall prepare and transmit a report that provides estimates of the total general fund/general purpose appropriation lapses at the close of the prior fiscal year. This report shall summarize the projected year-end general fund/general purpose appropriation lapses by major departmental program or program areas. The report shall be transmitted to the chairpersons of the senate and house appropriations committees and the senate and house fiscal agencies.

Sec. 211. In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $2,500,000.00 for federal contingency authorization. These funds are not available for expenditure until they have been transferred to another line item in part 1 under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.

Sec. 212. The department shall cooperate with the department of technology, management, and budget to maintain a searchable website accessible by the public at no cost that includes, but is not limited to, all of the following for the department:

(a) Fiscal year-to-date expenditures by category.

(b) Fiscal year-to-date expenditures by appropriation unit.

(c) Fiscal year-to-date payments to a selected vendor, including the vendor name, payment date, payment amount, and payment description.

(d) The number of active department employees by job classification.

(e) Job specifications and wage rates.

Sec. 213. Within 14 days after the release of the executive budget recommendation, the department shall cooperate with the state budget office to provide the chairpersons of the senate and house appropriations committees, the chairpersons of the senate and house appropriations subcommittees on corrections, and the senate and house fiscal agencies with an annual report on estimated state restricted fund balances, state restricted fund projected revenues, and state restricted fund expenditures for the prior 2 fiscal years.

Sec. 214. The department shall maintain, on a publicly accessible website, a department scorecard that identifies, tracks, and regularly updates key metrics that are used to monitor and improve the department’s performance.

Sec. 215. Total authorized appropriations from all sources under part 1 for legacy costs for the fiscal year ending September 30, 2023 are estimated at $270,855,400.00. From this amount, total department appropriations for pension-related legacy costs are estimated at $164,444,700.00. Total department appropriations for retiree health care legacy costs are estimated at $106,410,700.00.

Sec. 216. To the extent permissible under the management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594, 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. 217. (1) On a quarterly basis, the department shall report on the number of full-time equated positions in pay status by civil service classification, including the number of full-time equated positions in pay status by civil service classification for each correctional facility. This report must include the following:

(a) A comparison by line item of the number of full-time equated positions authorized from funds appropriated in part 1 to the actual number of full-time equated positions employed by the department at the end of the reporting period.

(b) A detailed accounting of all vacant positions that exist within the department.

(c) A detailed accounting of all correction officer positions at each correctional facility, including positions that are filled and vacant positions, by facility.

(d) A detailed accounting of all vacant positions that are health-care-related.

(e) A detailed accounting of vacant positions that are being held open for temporarily nonactive employees.

(2) By March 1, the department shall report the following information:

(a) Number of employees that were engaged in remote work in 2022.

(b) Number of employees authorized to work remotely and the actual number of those working remotely in the current reporting period.

(d) Reduced use of office space associated with remote work.

(3) As used in this section, “vacant position” means any position that has not been filled at any time during the past 12 calendar months.

Sec. 218. It is the intent of the legislature that the department maximize the efficiency of the state workforce, and, where possible, prioritize in-person work. The department must post its in-person, remote, or hybrid work policy on its website.

Sec. 219. If the state administrative board, acting under section 3 of 1921 PA 2, MCL 17.3, transfers funds from an amount appropriated under this article, the legislature may, by a concurrent resolution adopted by a majority of the members elected to and serving in each house, inter-transfer funds within this article for the particular department, board, commission, officer, or institution.

Sec. 220. The department may charge fees and collect revenues in excess of appropriations in part 1 not to exceed the cost of offender services and programming, employee meals, parolee loans, academic/vocational services, custody escorts, compassionate visits, union steward activities, and public works programs and services provided to local units of government or private nonprofit organizations. The revenues and fees collected are appropriated for all expenses associated with these services and activities.

Sec. 221. The department shall receive and retain copies of all reports funded from appropriations in part 1. Federal and state guidelines for short-term and long-term retention of records shall be followed. The department may electronically retain copies of reports unless otherwise required by federal and state guidelines.

Sec. 222. The 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 appropriations committees, to the joint committee on administrative rules, and to report recipients required in section 205 of this part.

Sec. 223. (1) From the funds appropriated in part 1, the department shall do the following:

(a) Report to the senate and house appropriations committees and to report recipients required in section 205 of this part any amounts of severance pay for a department director, deputy director, or other high-ranking department official not later than 14 days after a severance agreement with the director or official is signed. The name of the director or official and the amount of severance pay must be included in the report required by this subdivision.

(b) Maintain an internet site that posts any severance pay in excess of 6 weeks of wages, regardless of the position held by the former department employee receiving severance pay.

(c) By February 1, report on the total amount of severance pay remitted to former department employees during the fiscal year ending September 30, 2022 and the total number of former department employees that were remitted severance pay during the fiscal year ending September 30, 2022.

Sec. 224. (1) Any department, agency, board, commission, or public officer that receives funding under part 1 shall not:

(b) Produce, develop, issue, or require a COVID-19 vaccine passport.

(c) Develop a database or make any existing database publicly available to access an individual’s COVID-19 vaccine status by any person, company, or governmental entity.

(a) An individual for whom a physician certifies that a COVID-19 vaccine is or may be detrimental to the individual’s health or is not appropriate.

Sec. 225. Appropriations in part 1 shall, to the extent possible by the department, not be expended until all existing work project authorization available for the same purposes is exhausted.

Sec. 226. It is the intent of the legislature that the department establish and maintain a management-to-staff ratio of not more than 1 supervisor for each 8 employees at the department’s central office in Lansing and at both the northern and southern region administration offices.

Sec. 227. The department shall provide the state court administrative office data sufficient to administer the swift and sure sanctions program.

DEPARTMENTAL ADMINISTRATION AND SUPPORT

Sec. 301. For 3 years after a felony offender is released from the department’s jurisdiction, the department shall maintain the offender’s file on the offender tracking information system and make it publicly accessible in the same manner as the file of the current offender. However, the department shall immediately remove the offender’s file from the offender tracking information system upon determination that the offender was wrongfully convicted and the offender’s file is not otherwise required to be maintained on the offender tracking information system.

Sec. 302. From the funds appropriated in part 1, the department shall submit a report by March 1 on the department’s staff retention strategies. The report must include, but not be limited to, the following:

(a) The department’s strategies on how to improve employee engagement, how to improve employee wellness, and how to offer additional training and professional development for employees, including metrics the department is using to measure success of employee wellness programming.

(b) Mechanisms by which the department receives employee feedback in areas under subdivision (a) and how the department considers suggestions made by employees.

(c) Steps the department has taken, and future plans and goals the department has for retention and improving employee wellness.

Sec. 303. From the funds appropriated in part 1, the department shall submit a report by March 1 on the number of employee departures. The report must include the number of corrections officers that departed from employment at a state correctional facility in the immediately preceding fiscal year and the number of years they worked for the department. The report shall include a chart that shows the normal distribution of employee departures in these positions based on years of service. Years of service shall be grouped into the following ranges: 1 to 3 years, 3 to 5 years, 5 to 10 years, 10 to 15 years, 15 to 20 years, and 20 and more years. The department shall review all reasons for employee departures and summarize in the report the primary reasons for departure for each of the ranges of years of service based on the available responses. The report shall include a section that shows the distinction between recruits who are in-training at the academy that depart employment, recruits who are in-training at a facility that depart employment, and employees who have been on the job that depart employment.

Sec. 304. From the funds appropriated in part 1, the department shall maintain a staff savings initiative program in conjunction with the EPIC program for employees to submit suggestions for efficiencies for the department. The department shall consider each suggestion in a timely manner. By March 1, the department shall report on process improvements that were implemented based on suggestions that were recommended for implementation from the staff savings initiative and EPIC programs. An employee whose suggestion is implemented by the department shall receive noncompensatory recognition for their efforts.

Sec. 305. From the funds appropriated in part 1 for prosecutorial and detainer expenses, the department shall reimburse counties for housing and custody of parole violators and offenders being returned by the department from community placement who are available for return to institutional status and for prisoners who volunteer for placement in a county jail.

Sec. 306. The department shall provide fiduciary oversight of funds received under the local corrections officers training act, 2003 PA 125, MCL 791.531 to 791.546.

Sec. 307. From the funds appropriated in part 1, the department shall issue a biannual report for all vendor contracts. The report shall cover service contracts with a value of $500,000.00 or more and include all of the following:

(a) The original start date and the current expiration date of each contract.

(b) The number, if any, of contract compliance monitoring site visits completed by the department for each vendor.

(c) The number and amount of fines, if any, for service-level agreement noncompliance for each vendor broken down by area of noncompliance.

Sec. 308. From the funds appropriated in part 1, the department shall ensure the prisoner telephone system provider establishes a new per-minute telephone charge effective October 1, 2022. The change in telephone rates must reflect the complete elimination of the telephone contract as a revenue source for the program and special equipment fund. The department shall negotiate the lowest per-minute rate while meeting its ongoing operational needs and should consider the progress in achieving this goal prior to any decision to extend the term of the contract. The department shall provide notice within 15 days of any change in the per-minute cost of telephone calls, including the reduction required under this section.

Sec. 309. From the funds appropriated in part 1, the department shall provide for the training of all custody staff in effective and safe ways of handling prisoners with mental illness and referring prisoners to mental health treatment programs. Mental health awareness training shall be incorporated into the training of new custody staff.

Sec. 310. From the funds appropriated in part 1, the department shall issue a report for all correctional facilities by January 1 setting forth the following information for each facility: its name, street address, and date of construction; its current maintenance costs; any maintenance planned; its current utility costs; its expected future capital improvement costs; the current unspent balance of any authorized capital outlay projects, including the original authorized amount; and its expected future useful life.

Sec. 311. (1) From the funds appropriated in part 1, the department shall provide a strategic plan update report that details the progress being made in achieving the strategic plan of the department. The report shall be submitted by March 1 and shall contain updates on relevant strategic plan objectives, as well as key statistics and information about the department’s efforts to decrease the overall recidivism rate and promote offender success by ensuring readiness to reenter society.

(2) Reports and studies related to the effectiveness of departmental programming created as part of a strategic plan objective shall be provided within 30 days of being received by or completed by the department.

Sec. 312. From the funds appropriated in part 1, the department shall provide a report on the Michigan state industries program by December 1. The report shall include, but not be limited to, the locations of the programs, the total number of participants at each location, a description of job duties and typical inmate schedules, the products that are produced, and how the program provides marketable skills that lead to employable outcomes after release from a department facility.

Sec. 313. (1) Funds appropriated in part 1 for employee wellness programming shall be used for post-traumatic stress outreach, treating mental health issues, peer support programs, and providing mental health programming for all department staff, including former employees.

(2) By December 15, the department shall submit a report on programs the department has established, the level of employee involvement, and expenditures made by the department for employee wellness programming.

Sec. 314. (1) From the funds appropriated in part 1, the department shall work to hire and train new corrections officers to address attrition of corrections officers and to decrease overtime costs. The department shall submit quarterly reports on new employee schools. The reports must include the following information for the immediately preceding fiscal quarter, and as much of the information as possible for the current and next fiscal year.

(a) The number of new employee schools that took place and the location of each.

(b) The number of recruits that started in each employee school.

(2) The report must outline the department’s strategy to achieve a 5% or lower target corrections officer vacancy rate, must include reasons for not meeting the rate, and must explain challenges facing the department when trying to meet the rate.

Sec. 315. From the funds appropriated in part 1, the department shall submit a quarterly report on the number of overtime hours worked by all custody staff, by facility. The report shall include for each facility, the number of mandatory overtime hours worked, the number of voluntary overtime hours worked, the reasons for overtime hours worked, and the average number of overtime hours worked by active employees.

Sec. 316. From the funds appropriated in part 1, the department may establish agreements and exchange offender data with local, state, and federal agencies, law enforcement, community service and treatment providers, and research partners in order to improve offender success, reduce recidivism risk, and enhance public safety. This data sharing may include, but is not limited to, efforts to support the following:

(a) Providing continuing access to behavioral health, physical health, and medication needs through community-based providers.

(b) Establishing assistance program eligibility and participation.

(d) Providing ongoing cognitive and behavioral treatment programming in the community.

(e) Providing substance abuse testing and referrals for counseling services and treatment.

(f) Providing vocational skill training, job placement support, and monitoring employment attainment.

(g) Determining educational attainment and needs.

(h) Establishing accurate offender identification, criminal histories, and monitoring new criminal activity.

(i) Measuring and evaluating treatment programs and services in support of evidence-based practices.

Sec. 317. From the funds appropriated in part 1, the department shall submit a status report on the corrections officer training academy on January 30 and June 30 to the joint capital outlay subcommittee and to recipients required in section 205 of this part. The report shall include, but not be limited to, the following:

(a) History of appropriations for the project, including appropriations made specifically for the project and appropriations made from other operating line items to support project expenditures.

(b) Anticipated costs of the project, by phase.

(c) Actual expenditures made for the project by line item, fund source, fiscal year, and phase of the project, starting with initial expenditures.

(d) Any other information the department considers necessary.

Sec. 318. From the funds appropriated in part 1, the department shall submit a report by April 1 on changes to existing programs that offer professional development and training opportunities for all levels of custody supervisors and first line managers. The report must include an overview of any changes to existing departmental programs, as well as a review of programs available in other organizations and states that serve similar purposes that may be adopted in part or in full to enhance departmental training.

Sec. 319. From the funds appropriated in part 1, the department shall submit 3-year and 5-year prison population projection updates concurrent with submission of the executive budget recommendation, including explanations of the methodology and assumptions used in developing the projection updates.

Sec. 320. From the funds appropriated in part 1, the department shall place the statistical report from the immediately preceding calendar year on an internet site by June 30. The statistical report shall include, but not be limited to, the information as provided in the 2004 statistical report.

Sec. 321. From the funds appropriated in part 1, the department shall measure the reincarceration recidivism rates of offenders based on available data.

Sec. 322. (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 the felon was on parole and under the jurisdiction of the parole board and for which the sentencing guidelines recommended range for the minimum sentence has an upper limit of more than 18 months.

(3) State reimbursement under this section shall be $65.00 per diem per diverted offender for offenders with a presumptive prison guideline score, $55.00 per diem per diverted offender for offenders with a straddle cell guideline for a group 1 crime, and $40.00 per diem per diverted offender for offenders with a straddle cell guideline for a group 2 crime. Reimbursements shall be paid for sentences up to a 1-year total.

(4) As used in this section:

(a) “Group 1 crime” means a crime in 1 or more of the following offense categories: arson, assault, assaultive other, burglary, criminal sexual conduct, homicide or resulting in death, other sex offenses, robbery, and weapon possession as determined by the department based on specific crimes for which counties received reimbursement under the county jail reimbursement program in fiscal year 2007 and fiscal year 2008, and listed in the county jail reimbursement program document titled “FY 2007 and FY 2008 Group One Crimes Reimbursed”, dated March 31, 2009.

(b) “Group 2 crime” means a crime that is not a group 1 crime, including larceny, fraud, forgery, embezzlement, motor vehicle, malicious destruction of property, controlled substance offense, felony drunk driving, and other nonassaultive offenses.

(c) “In the custody of the sheriff” means that the convicted felon has been sentenced to the county jail and is either housed in a county jail, is in custody but is being housed at a hospital or medical facility for a medical or mental health purpose, or has been released from jail and is being monitored through the use of the sheriff’s electronic monitoring system.

(5) County jail reimbursement program expenditures shall not exceed the amount appropriated in part 1 for the county jail reimbursement program. Payments to counties under the county jail reimbursement program shall be made in the order in which properly documented requests for reimbursements are received. A request shall be considered to be properly documented if it meets departmental requirements for documentation. By October 15, the department shall distribute the documentation requirements to all counties.

(6) Any county that receives funding under this section for the purpose of housing in jails certain felons who otherwise would have been sentenced to prison shall, as a condition of receiving the funding, report by September 30 an annual average jail capacity and annual average jail occupancy for the immediately preceding fiscal year.

(7) Not later than February 1, the department shall report all of the following information:

(a) The number of inmates sentenced to the custody of the sheriff and eligible for the county jail reimbursement program.

(b) The total amount paid to counties under the county jail reimbursement program.

(c) The total number of days inmates were in the custody of the sheriff and eligible for the county jail reimbursement program.

(d) The number of inmates sentenced to the custody of the sheriff under each of the 3 categories: presumptive prison, group 1 crime, and group 2 crime in subsection (3).

(e) The total amount paid to counties under each of the 3 categories: presumptive prison, group 1 crime, and group 2 crime in subsection (3).

(f) The total number of days inmates were in the custody of the sheriff under each of the 3 categories: presumptive prison, group 1 crime, and group 2 crime in subsection (3).

(g) The estimated cost of housing inmates sentenced to the custody of the sheriff and eligible for the county jail reimbursement program as inmates of a state prison.

Sec. 323. (1) From the funds appropriated in part 1, the department shall provide monthly email reports on prisoner populations by security levels by facility, prison facility capacities, and parolee and probationer populations.

(2) The department shall provide monthly email reports that include information on end-of-month prisoner populations in county jails, the net operating capacity according to the most recent certification report, identified by date, the number of beds in currently closed housing units by facility, and end-of-month data, year-to-date data, and comparisons to the prior year for the following:

(a) Community residential program populations, separated by centers and electronic monitoring.

(b) Parole populations.

(d) Prison and camp populations, with separate identification of the number in special alternative incarceration and the number of lifers.

(e) Prisoners classified as past their earliest release date.

(f) Parole board activity, including the numbers and percentages of parole grants and parole denials.

(g) Prisoner exits, identifying transfers to community placement, paroles from prisons and camps, paroles from community placement, total movements to parole, prison intake, prisoner deaths, prisoners discharging on the maximum sentence, and other prisoner exits.

(h) Prison intake and returns, including probation violators, new court commitments, violators with new sentences, escaper new sentences, total prison intake, returns from court with additional sentences, community placement returns, technical parole violator returns, and total returns to prison and camp.

(3) If the department knows it will not meet the reporting requirements under this section, the department shall immediately issue a report stating that fact and listing the reasons for not meeting the reporting requirements.

Sec. 324. From the funds appropriated in part 1 for new custody staff training, the department shall target training at hiring a minimum of 800 corrections officers to address higher than normal attrition of correction officers and to decrease overtime costs.

OFFENDER SUCCESS ADMINISTRATION

Sec. 401. (1) From the funds appropriated in part 1, the department shall provide a report on offender success expenditures and allocations. At a minimum, the report shall include all the following and be submitted by March 1:

(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.

(2) The department may accept cash or in-kind donations to supplement funds for prison education training, supplies, and materials necessary to complete the academic and jobs skills related programs. All funds received are appropriated and may be expended by the department.

Sec. 402. From the funds appropriated in part 1, the department shall partner with nonprofit faith-based, business and professional, civic, and community organizations for the purpose of providing offender success services. Offender success services include, but are not limited to, counseling, providing information on housing and job placement, and money management assistance.

Sec. 403. From the funds appropriated in part 1 for offender success services, the department, when reasonably possible, shall ensure that inmates have potential employer matches in the communities to which they will return prior to each inmate’s initial parole hearing.

Sec. 404. (1) From the funds appropriated in part 1, the department shall design services for offender success and vocational education programs, collaborating with the department of labor and economic opportunity and local entities to the extent deemed necessary by the director. The department shall ensure the program provides relevant professional development opportunities to prisoners who are high quality, demand driven, locally receptive, and responsive to the needs of communities where the prisoners are expected to reside after their release from correctional facilities.

(2) By March 1, the department shall provide a report detailing the results of the workforce development program.

Sec. 405. (1) Funds awarded for residential probation diversions in part 1 shall provide for a per diem reimbursement of not more than $65.00.

(2) Pursuant to an approved comprehensive plan, allowable uses of community corrections comprehensive plans and services funds shall include reimbursing counties for transportation, treatment costs, and housing drunk drivers during a period of assessment for treatment and case planning. Reimbursements for housing during the assessment process shall be at the rate of $43.50 per day per offender, up to a maximum of 5 days per offender.

Sec. 406. (1) From the funds appropriated in part 1, the department shall submit the following information for each county and counties consolidated for community corrections comprehensive plans:

(a) Approved technical assistance grants and community corrections comprehensive 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.

(d) Data on residential services, including participant data, participant sentencing guideline scores, program expenditures, average length of stay, and bed utilization data.

(e) Offender disposition data by sentencing guideline range, by disposition type, by prior record variable score, by number and percent statewide and by county, current year, and comparisons to the previous 3 years.

(f) Data on the use of funding made available under the drunk driver jail reduction and community treatment program.

(2) The report required under subsection (1) shall include the total funding allocated, program expenditures, required program data, and year-to-date totals.

Sec. 407. (1) From the funds appropriated in part 1 for public safety initiative, the law enforcement agency receiving funding under part 1 shall submit quarterly expenditure reports including a detailed listing of expenditures made, the purpose for which the expenditures were made, the amounts of expenditures by purpose, specific services provided, and the number of individuals served. The reports must be submitted to the senate and house of representatives appropriations subcommittees on corrections, the senate and house fiscal agencies, the department of corrections, and the state budget office.

(2) If the law enforcement agency receiving funding under part 1 does not submit all quarterly reports for fiscal year 2022 by September 30, 2022, the law enforcement agency shall not receive any funding appropriated in part 1 until all reports are submitted.

(3) If requested by the senate and house of representatives appropriations subcommittees on corrections, the law enforcement agency receiving funding under part 1 shall appear before the subcommittees to discuss the expenditure report required under subsection (1). The subcommittees will work with the law enforcement agency to determine when the meeting will occur.

Sec. 408. From the funds appropriated in part 1, the department shall establish and maintain policies and procedures that assist prisoners with obtaining a birth certificate, duplicate Social Security card, if eligible, DD Form 214 or other military documentation, state identification card, and operator’s license prior to parole or discharge.

Sec. 409. From the funds appropriated in part 1 for offender success administration, the department shall collaborate with the Michigan Restaurant and Lodging Association for job placement for individuals on probation and parole.

Sec. 410. From the funds appropriated in part 1 for the enhanced food technology program, the department shall maintain an enhanced food technology program that provides on-the-job training in prison kitchens that will lead to prisoners earning food service training credentials recognized by the restaurant industry.

Sec. 411. (1) From the funds appropriated in part 1 for offender success programming, the department shall establish medication-assisted treatment offender success pilot programs to provide prerelease treatment and postrelease referral for opioid addicted offenders, as well as alcohol-addicted offenders who voluntarily participate in the medication-assisted treatment offender success pilot programs. The department shall collaborate with residential and nonresidential substance abuse treatment providers and with community-based clinics to provide postrelease assessment and treatment. The programs shall employ a multifaceted approach to treatment, including various forms of medication-assisted treatment approved by the Food and Drug Administration for the treatment of opioid use disorder or alcohol use disorder, counseling, and postrelease referral to community-based providers. The department shall consider the use of long-acting injectable formulations, when clinically appropriate, of FDA-approved medication-assisted treatment for alcohol and opioid use disorder when developing an offender’s release plan.

(2) The department shall submit a report by December 1 on the number of offenders who received an injectable treatment for alcohol use disorder and the number that received an injectable treatment for opioid use disorder prior to release, the number of offenders that subsequently received treatment in the community for a duration of at least 3 months, and the number of offenders who received injections and were subsequently returned to prison during the prior fiscal year.

Sec. 412. From the funds appropriated in part 1, the department shall ensure that any inmate with a diagnosed mental illness is referred to a local mental health care provider that is able and willing to treat the inmate upon parole or discharge. The department shall ensure that the provider is informed of the inmate’s current treatment plan including any medications that are currently prescribed to the inmate.

Sec. 413. (1) Funds appropriated in part 1 for Goodwill Flip the Script shall be distributed to a Michigan-chartered 501(c)(3) nonprofit corporation operating in a county with greater than 1,500,000 people for administration and expansion of a program that serves a population of individuals aged 16 to 39. The program shall target those who are entering the criminal justice system for the first or second time and shall assist those individuals through the following program types:

(a) Alternative sentencing programs in partnership with a local district or circuit court.

(b) Educational recovery for special adult populations with high rates of illiteracy.

(2) The program selected shall report by March 30 on program performance measurements, the number of individuals diverted from incarceration, the number of individuals served, and outcomes of participants who complete the program.

Sec. 414. From the funds appropriated in part 1, the department shall report by March 1 on academic and vocational programs, including, but not limited to, all of the following:

(a) The number of instructors and the number of instructor vacancies, by program and facility.

(b) The number of prisoners enrolled in each program, the number of prisoners completing each program, the number of prisoners who do not complete each program and are not subsequently reenrolled, and the reason for not completing the program, the number of prisoners transferred to another facility while enrolled in a program and not subsequently reenrolled, the number of prisoners enrolled who are repeating the program, and the number of prisoners on waiting lists for each program, all itemized by facility.

(c) The steps the department has undertaken to improve programs, track records, accommodate transfers and prisoners with health care needs, and reduce waiting lists.

(d) The number of prisoners paroled without a high school diploma and the number of prisoners paroled without a high school equivalency.

(e) An explanation of the value and purpose of each program, for example, to improve employability, reduce recidivism, reduce prisoner idleness, or some combination of these and other factors.

(f) An identification of program outcomes for each academic and vocational program.

(g) The number of prisoners not paroled at their earliest release date due to lack of a high school equivalency and the reason those prisoners have not obtained a high school equivalency.

Sec. 415. From the funds appropriated in part 1, priority may be given to funding reentry or rehabilitation programs that have been demonstrated to reduce prison violence and recidivism, including faith-based initiatives.

FIELD OPERATIONS ADMINISTRATION

Sec. 501. (1) Funds appropriated in part 1 for criminal justice reinvestment shall be used only to fund data collection and evidence-based programs designed to reduce recidivism among probationers and parolees.

(2) Of the funds appropriated in part 1 for criminal justice reinvestment, at least $600,000.00 shall be allocated to an organization that has received a United States Department of Labor training to work 2-adult reentry grant to provide county jail inmates with programming and services to prepare them to get and keep jobs. Examples of eligible programs and services include, but are not limited to: adult education, tutoring, manufacturing skills training, participation in a simulated work environment, mentoring, cognitive therapy groups, life skills classes, substance abuse recovery groups, fatherhood programs, classes in understanding the legal system, family literacy, health and wellness, finance management, employer presentations, and classes on job retention. Programming and support services should begin before release and continue after release from the county jail. To be eligible for funding, an organization must show at least 2 years’ worth of data that demonstrate program success.

(3) The department shall report on programs described under this section by March 30. The report shall include the reincarceration recidivism rate of program participants, the employment rate of participants who complete the program, and the cost of the program per participant.

Sec. 502. From the funds appropriated in part 1, the department shall prepare individual reports by March 1 for the residential reentry program, the electronic monitoring program, and the special alternative to incarceration program. Each program’s report shall include information on all of the following:

(a) Monthly new participants by type of offender. Residential reentry program participants shall be categorized by reason for placement. For technical rule violators, the report shall sort offenders by length of time since release from prison, by the most recent violation, and by the number of violations occurring since release from prison.

(b) Monthly participant unsuccessful terminations, including cause.

(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. 503. (1) From the funds appropriated in part 1, the department shall review and revise as necessary policy proposals that provide alternatives to prison for offenders being sentenced to prison as a result of technical probation violations and technical parole violations. To the extent the department has insufficient policies or resources to affect the continued increase in prison commitments among these offender populations, the department shall explore other policy options to allow for program alternatives, including department or OCC‑funded programs, local level programs, and programs available through private agencies that may be used as prison alternatives for these offenders.

(2) By April 1, the department shall provide a report on the number of all parolees returned to prison and probationers sentenced to prison for either a technical violation or new sentence during the preceding fiscal year. The report shall include the following information for probationers, for parolees after their first parole, and for parolees who have been paroled more than once:

(a) The numbers of parole and probation violators returned to or sent to prison for a new crime with a comparison of original versus new offenses by major offense type: assaultive, nonassaultive, drug, and sex.

(b) The numbers of parole and probation violators returned to or sent to prison for a technical violation and the type of violation, including, but not limited to, zero gun tolerance and substance abuse violations. For parole technical rule violators, the report shall list violations by type, by length of time since release from prison, by the most recent violation, and by the number of violations occurring since release from prison.

(c) The educational history of those offenders, including how many had a high school equivalency or high school diploma prior to incarceration in prison, how many received a high school equivalency while in prison, and how many received a vocational certificate while in prison.

(d) The number of offenders who participated in the reentry program versus the number of those who did not.

(e) The unduplicated number of offenders who participated in substance abuse treatment programs, mental health treatment programs, or both, while in prison, itemized by diagnosis.

Sec. 504. From the funds appropriated in part 1, the department shall submit a report detailing the number of prisoners who have received life imprisonment sentences with the possibility of parole and who are currently eligible for parole by April 30.

Sec. 505. From the funds appropriated in part 1 for the residential alternative to prison program, the department shall provide vocational, educational, and cognitive programming in a secure environment to enhance existing alternative sentencing options, increase employment readiness and successful placement rates, and reduce new criminal behavior for the west Michigan probation violator population. The department shall measure and set the following metric goals:

(a) 85% of participants successfully complete the program.

(b) Of the participants that complete the program, 75% will earn a nationally recognized credential for career and vocational programs.

(d) The prison commitment rate for probation violators will be reduced by 5% within the impacted geographical area after the first year of program operation.

Sec. 506. From the funds appropriated in part 1, the department shall issue quarterly reports for the previous 4 quarters detailing outcomes of prisoners who have been reviewed for parole. The report shall include all of the following:

(a) How many prisoners in each quarter were reviewed.

(b) How many prisoners were granted parole.

(d) How many parole decisions were deferred.

(e) The distribution of the total number of prisoners reviewed during that quarter grouped by whether the prisoner had been interviewed for the first, second, third, fourth, fifth, sixth, or more than sixth time.

(f) The number of paroles granted, denied, or deferred for each of the parole guideline scores of low, average, and high.

(g) The reason for denying or deferring parole.

HEALTH CARE

Sec. 601. By April 1, the department shall provide reports on the following:

(a) Physical and mental health care, pharmaceutical services, and durable medical equipment for prisoners. Reports must detail current and prior fiscal year expenditures itemized by vendor, allocations, status of payments from contractors to vendors, and projected year-end expenditures from accounts. Reports must include a breakdown of all payments to the integrated care provider and to other providers itemized by physical health care, mental health care, pharmaceutical services, and durable medical equipment expenditures.

(b) Pharmaceutical prescribing practices, including a detailed accounting of expenditures on antipsychotic medications, and any changes that have been made to the prescription drug formularies.

(c) A status report on efforts to develop measurable data and outcomes for physical and mental health care within the prisoner population.

Sec. 602. (1) From the funds appropriated in part 1, the department shall assure that all prisoners, upon any health care treatment funded from appropriations in part 1, are given the opportunity to sign a release of information form designating a family member or other individual to whom the department shall release records information regarding a prisoner. A release of information form signed by a prisoner shall remain in effect for 1 year, and the prisoner may elect to withdraw or amend the release form at any time.

(2) The department shall assure that any such signed release forms follow a prisoner upon transfer to another department facility or to the supervision of a parole officer.

(3) The form shall be placed online, on a public website managed by the department.

Sec. 603. From the funds appropriated in part 1, the department shall provide a report by April 1 on prisoner health care utilization that includes the number of inpatient hospital days, outpatient visits, emergency room visits, and prisoners receiving off-site inpatient medical care in the fiscal year, by facility.

Sec. 604. (1) Funds appropriated in part 1 for Hepatitis C treatment shall be used only to purchase specialty medication for Hepatitis C treatment in the prison population. In addition to the above appropriation, any rebates received from the medications used shall be used only to purchase specialty medication for Hepatitis C treatment. By February 15, the department shall issue a report for the prior fiscal year showing the total amount spent on specialty medication for the treatment of Hepatitis C, the number of prisoners who were treated, the amount of any rebates that were received from the purchase of specialty medication, and what outstanding rebates are expected to be received.

(2) The report must include the Hepatitis C status of all incoming prisoners and the number of prisoners who are reinfected while incarcerated and require retreatment for Hepatitis C. The report must also include the number of those treated and released and then retreated upon reincarceration.

Sec. 605. (1) From the funds appropriated in part 1, the department shall provide the department of health and human services with a monthly list of prisoners newly committed to the department of corrections. The department and the department of health and human services shall enter into an interagency agreement under which the department of health and human services provides the department of corrections with monthly lists of newly committed prisoners who are eligible for Medicaid benefits in order to maintain the process by which Medicaid benefits are suspended rather than terminated. The department shall assist prisoners who may be eligible for Medicaid benefits after release from prison with the Medicaid enrollment process prior to release from prison.

(2) The department shall provide quarterly updates on the utilization of Medicaid benefits for prisoners.

Sec. 606. By March 1, the department shall report on the number of prisoners who received medication assisted therapies, the length of time on therapies, and the number of prisoners who have discontinued treatment while incarcerated.

CORRECTIONAL FACILITIES AND ADMINISTRATION

Sec. 701. (1) From the funds appropriated in part 1, the department shall report on the department’s plans to eliminate programming for prisoners. The report shall be provided at least 30 days prior to program elimination.

(2) As used in this section, “programming for prisoners” means a department core program or career and technical education program funded in part 1.

Sec. 702. From the funds appropriated in part 1 for prison food service, the department shall report by January 15 on the following:

(a) Average per-meal cost for prisoner food service. Per-meal cost shall include all costs directly related to the provision of food for the prisoner population, and shall include, but not be limited to, actual food costs, total compensation for all food service workers, including benefits and legacy costs, and inspection and compliance costs for food service.

(b) Food service-related contracts, including goods or services to be provided and the vendor.

Sec. 703. From the funds appropriated in part 1, the department shall calculate the cost per prisoner per day for each security custody level. This calculation shall include all actual direct and indirect costs for the previous fiscal year. To calculate the cost per prisoner per day, the department shall divide the prisoner-related costs by the total number of prisoner days for each custody level and correctional facility. For multilevel facilities, costs that cannot be accurately allocated to each custody level can be included in the calculation on a per-prisoner basis for each facility. A report summarizing these calculations shall be submitted not later than January 15. Prisoner-related costs included in the cost per prisoner per day calculation shall include all expenditures for the following, from all fund sources:

(a) New custody staff training.

(b) Prison industries operations.

(d) Enhanced food technology program.

(e) Offender success programming.

(f) Central records.

(g) Correctional facilities administration.

(h) Housing inmates in federal institutions.

(i) Inmate legal services.

(j) Leased beds and alternatives to leased beds.

(k) Prison food service.

(l) Prison store operations.

(m) Transportation.

(n) Health care.

(o) Correctional facilities.

(p) Northern and southern region administration and support.

Sec. 704. Any local unit of government or private nonprofit organization that contracts with the department for public works services shall be responsible for financing the entire cost of such an agreement.

Sec. 705. The department shall allow the Michigan Braille transcribing fund program to operate at designated locations. The department shall continue to encourage the Michigan Braille transcribing fund program to produce high-quality materials for use by the visually impaired.

Sec. 706. (1) From the funds appropriated in part 1, the department shall report as follows:

(a) Within 72 hours of occurrence, any critical incident occurring at a correctional facility.

(b) By March 1, the number of critical incidents occurring each month at each facility during the immediately preceding calendar year, categorized by type and severity of each incident.

(2) As used in this section, “critical incident” includes a prisoner assault on staff that results in a serious physical injury to staff, an escape or attempted escape, a prisoner disturbance that causes facility operation concerns, and an unexpected death of a prisoner.

Sec. 707. From the funds appropriated in part 1, the department shall report 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 facility.

Sec. 708. (1) From the funds appropriated in part 1, the department shall focus on providing required programming to prisoners who are past their earliest release date because of not having received the required programming. Programming includes, but is not limited to, violence prevention programming, assaultive offender programming, sexual offender programming, substance abuse treatment programming, thinking for a change programming, and any other programming that is required as a condition of parole.

(2) It is the intent of the legislature that any prisoner required to complete a violence prevention program, sexual offender program, or other program as a condition of parole shall be placed on a waiting list for the appropriate programming upon entrance to prison and transferred to a facility where that program is available in order to accomplish timely completion of that program prior to the expiration of his or her minimum sentence and eligibility for parole. To the extent feasible, the department shall consistently provide prisoner programming with the goal of having prisoners complete recommended cognitive programming as early as possible during the prisoner’s sentence to impact the prisoner’s behavior while incarcerated. Nothing in this section should be deemed to make parole denial appealable in court.

(3) The department shall submit a quarterly report detailing enrollment in sex offender programming, assaultive offender programming, violent offender programming, and thinking for a change programming. At a minimum, the report shall include the following:

(a) A full accounting, from the date of entrance to prison, of the number of individuals who are required to complete the programming, but have not yet done so.

(b) The number of individuals who have reached their earliest release date, but who have not completed required programming.

Sec. 709. If a female prisoner in a facility funded from appropriations in part 1 consents to a visitor being present, the department shall allow that 1 person to be present during the prisoner’s labor and delivery. The person allowed to accompany the prisoner must be an immediate family member, legal guardian, spouse, or domestic partner. The department is authorized to deny access to a visitor if the department has a safety concern with that visitor’s access. The department is authorized to conduct a criminal background check on a visitor.

Sec. 710. From the funds appropriated in part 1, the department shall evaluate all prisoners at intake for substance abuse disorders, serious developmental disorders, serious mental illness, and other mental health disorders. Prisoners with serious mental illness or serious developmental disorders shall not be removed from the general population as a punitive response to behavior caused by their serious mental illness or serious developmental disorder. Due to persistent high violence risk or severe disruptive behavior that is unresponsive to treatment, prisoners with serious mental illness or serious developmental disorders may be placed in secure residential housing programs that will facilitate access to institutional programming and ongoing mental health services funded from appropriations in part 1. A prisoner with serious mental illness or serious developmental disorder who is confined in these specialized housing programs shall be evaluated or monitored by a medical professional at a frequency of not less than every 12 hours.

Sec. 711. From the funds appropriated in part 1, the department shall report by March 1 on the annual number of prisoners during the prior fiscal year in administrative segregation and, of those, the number 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. 712. From the funds appropriated in part 1, the department shall do all of the following:

(a) Ensure that any inmate care and control staff in contact with prisoners less than 18 years of age are adequately trained with regard to the developmental and mental health needs of prisoners less than 18 years of age. By April 1, the department shall report on the training curriculum used and the number and types of staff receiving annual training under that curriculum.

(b) Provide appropriate placement for prisoners less than 18 years of age who have serious mental illness, serious emotional disturbance, or a serious developmental disorder and need to be housed separately from the general population. Prisoners less than 18 years of age who have serious mental illness, serious emotional disturbance, or a serious developmental disorder shall not be removed from an existing placement as a punitive response to behavior caused by their serious mental illness, serious emotional disturbance, or a serious developmental disorder. Due to persistent high violence risk or severe disruptive behavior that is unresponsive to treatment, prisoners less than 18 years of age with serious emotional disturbance, serious mental illness, or serious developmental disorders may be placed in secure residential housing programs that will facilitate access to institutional programming and ongoing mental health services. A prisoner less than 18 years of age with serious mental illness, serious emotional disturbance, or a serious developmental disorder who is confined in these specialized housing programs shall be evaluated or monitored by a medical professional at a frequency of not less than every 12 hours.

(c) Implement a specialized offender success program that recognizes the needs of prisoners less than 18 years old for supervised offender success.

Sec. 713. From the funds appropriated in part 1, the department shall submit a report by April 1 on the number of youth in prison. The report shall include, but not be limited to, the following information:

(a) The total number of inmates under age 18 who are not on Holmes youthful trainee act status.

(b) The total number of inmates under age 18 who are on Holmes youthful trainee act status.

Sec. 714. (1) Any lease, rental, contract, or other legal agreement that includes a provision allowing a private person or entity to use state-owned facilities or other property to conduct a for-profit business enterprise shall require the lessee to pay fair market value for the use of the state-owned property.

(2) The lease, rental, contract, or other legal agreement shall also require the party using the property to make a payment in lieu of taxes to the local jurisdictions that would otherwise receive property tax revenue, as if the property were not owned by the state.

Sec. 715. The department shall ensure that any contract, funded from appropriations in part 1, with a public or private party to operate a facility to house state prisoners includes a provision to allow access by both the office of the legislative auditor general and the office of the legislative corrections ombudsman to the facility and to appropriate records and documents related to the operation of the facility. These access rights for both offices shall be the same for the contracted facility as for a general state-operated correctional facility.

Sec. 716. From the funds appropriated in part 1, the department shall submit a report by May 1 on the actual and projected savings achieved by closing correctional facilities. Savings amounts shall be itemized by facility. Information required by this section shall start with the closure of the Pugsley Correctional Facility, which closed in September of 2016, and shall continue for each facility closed thereafter.

Sec. 717. When the department is planning to close a correctional facility, the department shall fully consider the potential economic impact of the prison closure on the community where the facility is located. The department, when weighing all factors related to the closure of a facility, shall also consider the impact on the local community where the facility to be closed is located.

Sec. 718. From the funds appropriated in part 1, the department shall report on the department’s plans to close, consolidate, or relocate any correctional facility in the state. The report shall be provided at least 30 days prior to effective date of closure, consolidation, or relocation.

Sec. 719. The department shall consult with the legislature and other appropriate state agencies to develop a framework to provide investment in communities that have formerly operational state correctional facilities that have been closed. This framework shall include plans to ensure that vacant state correctional facilities do not become a nuisance or danger to the community.

Sec. 720. From the funds appropriated in part 1, the department shall make an information packet for the families of incoming prisoners available on the department’s website. The information packet shall be reviewed by February 1 and updated as necessary. The packet shall provide information on topics including, but not limited to: how to put money into prisoner accounts, how to make telephone calls or create Jpay email accounts, how to visit in person, proper procedures for filing complaints or grievances, the rights of prisoners to physical and mental health care, how to utilize the offender tracking information system (OTIS), truth-in-sentencing and how it applies to minimum sentences, the parole process, and guidance on the importance of the role of families in the reentry process. The department may partner with external advocacy groups and actual families of prisoners in the packet-writing process to ensure that the information is useful and complete.

Sec. 721. The department may accept in-kind services and equipment donations to facilitate the addition of a cable network that provides programming that will address the religious needs of incarcerated individuals. This network may be a cable television network that presently reaches the majority of households in the United States. A bilingual channel affiliated with this network may also be added to department programming to assist the religious needs of Spanish-speaking inmates. The addition of these channels shall be at no additional cost to this state.

ONE-TIME APPROPRIATIONS

Sec. 801. (1) Funds appropriated in part 1 for Chance for Life shall be used to contract with an organization that provides prison-based rehabilitation programming, including educational, life skills, and behavioral modification programs. The organization shall enter into a performance-based contract with the department that allows for payment based on the number of prisoners and parolees served according to the agreed upon program rules, as well as program outcomes.

(2) The objective of programming shall be to offer a progressive transformational program to individuals while they are in prison in an effort to prepare them for a successful transition back into the community. The department shall select an organization that meets all of the following to provide the programming under this section:

(a) Has the purpose to increase community safety by reducing recidivism through providing evidence-based mentoring, employment soft skills training, job placement assistance, critical thinking skills, mediation, and conflict resolution training.

(b) Has experience offering programs to male and female prison populations in correctional facilities in this state.

(c) Has experience with and offers programming that includes the family in the reentry process using the family group decision-making for reintegration model, which focuses on 7 factors as a basis for successful family reintegration.

(d) Has experience with and offers programming that utilizes techniques to address post-prison adjustment disorders.

(3) The unexpended funds appropriated in part 1 for Chance for Life are designated as a work project appropriation. Any unencumbered or unallotted funds shall not lapse at the end of the fiscal year and shall be available for expenditure until the project has been completed. The following is in compliance with section 451a(1) of the management and budget act, 1984 PA 431, MCL 18.1451a:

(a) The purpose of the project is to contract with an organization that provides prison-based rehabilitation programming, including educational, life skills, and behavioral modification programs.

(b) The project will be accomplished by utilizing state employees or contracts.

(d) The tentative completion date for the project is September 30, 2027.

Sec. 802. (1) Funds appropriated in part 1 for COVID-19 suspended intake payments shall be used by the department to reimburse counties for housing in jails felons who are temporarily being held in jail due to the closure of intake by the department. For a county to be eligible to receive reimbursement payments, the felon must be sentenced to a term of imprisonment with the department, but the department has declined to receive the felon at intake because the department has closed intake to all counties as part of its COVID-19 control plan. The county shall not be eligible for reimbursement under this section if the department has declined to receive the prisoner at intake from that specific county because the county lacks appropriate COVID-19 safeguards or is experiencing a COVID-19 outbreak within its jail operations. A county shall not receive reimbursement payments under the county jail reimbursement program for the prisoners and days reimbursed under this section.

(2) The per diem reimbursement rate shall be $80.00 per day. The aggregate reimbursements made under this section shall not exceed $1,000,000.00.

(3) Reimbursement payments to counties under this section 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 department of corrections requirements for documentation.

Sec. 803. Funds appropriated in part 1 for improvements to staff areas in correctional facilities shall be used by the department to make upgrades to staff common areas, including staff break rooms, staff restrooms, and staff exercise rooms. Upgrades may include, but are not limited to, replacement of flooring, furniture, equipment, and fixtures.

Sec. 804. (1) From the funds appropriated in part 1, the department shall continue a program to provide care management to parolees postrelease, which may include the development of a prerelease mental health discharge plan for parolees in prosperity region 8.

(2) The program under subsection (1) must continue for at least 1 year with the goal of serving a minimum of 75 parolees. The program must include, but is not limited to, case management and assessments, registration and use by community providers, the tracking of interactions between the care team members and parolees, and the ability for parolees to provide feedback.

Sec. 805. From the funds appropriated in part 1 for gender reassignment legal defense, $100,000.00 must be used by the department for legal defense related to the prohibition on using state funding for gender reassignment surgeries or therapies while individuals are under the jurisdiction of the department of corrections.

ARTICLE 3

DEPARTMENT OF EDUCATION

part 1

line-item appropriations

Sec. 101. There is appropriated for the department of education for the fiscal year ending September 30, 2023, from the following funds:

DEPARTMENT OF EDUCATION
APPROPRIATION SUMMARY
Full-time equated unclassified positions	6.0
Full-time equated classified positions	621.5
GROSS APPROPRIATION		$	420,581,000
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental transfers			0
ADJUSTED GROSS APPROPRIATION		$	420,581,000
Federal revenues:
Total federal revenues			302,950,800
Special revenue funds:
Total local revenues			5,878,600
Total private revenues			2,240,400
Total other state restricted revenues			9,919,700
State general fund/general purpose		$	99,591,500
Sec. 102. STATE BOARD OF EDUCATION/OFFICE OF THE SUPERINTENDENT
Full-time equated unclassified positions	6.0
Full-time equated classified positions	11.0
Unclassified salaries—FTE positions	6.0	$	1,078,900
Education commission of the states			120,800
State board of education, per diem payments			24,400
State board/superintendent operations—FTEs	11.0		2,483,700
GROSS APPROPRIATION		$	3,707,800
Appropriated from:
Federal revenues:
Federal revenues			296,700
Special revenue funds:
Private foundations			28,100
Certification fees			820,600
State general fund/general purpose		$	2,562,400
Sec. 103. DEPARTMENTAL ADMINISTRATION AND SUPPORT
Full-time equated classified positions	47.6
Central support operations—FTEs	38.6	$	6,161,400
Federal and private grants			3,000,000
Grant and contract operations—FTEs	9.0		2,786,200
Property management			3,755,900
Terminal leave payments			353,300
Training and orientation workshops			150,000
Worker’s compensation			33,900
GROSS APPROPRIATION		$	16,240,700
Appropriated from:
Federal revenues:
Federal indirect revenues			3,002,500
Federal revenues			6,270,900
Special revenue funds:
Private foundations			1,000,000
For Fiscal Year Ending Sept. 30, 2023
Certification fees		$	592,100
Teacher testing fees			4,700
Training and orientation workshop fees			150,000
State general fund/general purpose		$	5,220,500
Sec. 104. INFORMATION TECHNOLOGY
Information technology services and projects		$	4,938,300
GROSS APPROPRIATION		$	4,938,300
Appropriated from:
Federal revenues:
Federal indirect revenues			1,951,000
Federal revenues			640,200
Special revenue funds:
Certification fees			932,900
State general fund/general purpose		$	1,414,200
Sec. 105. SPECIAL EDUCATION SERVICES
Full-time equated classified positions	47.0
Special education operations—FTEs	47.0	$	9,431,900
GROSS APPROPRIATION		$	9,431,900
Appropriated from:
Federal revenues:
Federal revenues			8,837,800
Special revenue funds:
Private foundations			111,300
Certification fees			47,500
State general fund/general purpose		$	435,300
Sec. 106. MICHIGAN SCHOOLS FOR THE DEAF AND BLIND
Full-time equated classified positions	82.0
ASL literacy resource		$	1,000,000
Camp Tuhsmeheta—FTE	1.0		501,000
Low incidence outreach program			1,000,000
Michigan schools for the deaf and blind operations—FTEs	81.0		16,680,700
Private gifts - blind			200,000
Private gifts - deaf			150,000
GROSS APPROPRIATION		$	19,531,700
Appropriated from:
Federal revenues:
Federal revenues			7,596,000
Special revenue funds:
Local cost sharing (schools for deaf/blind)			5,878,600
Gifts, bequests, and donations			851,000
Low incidence outreach fund			1,000,000
Student insurance revenue			206,100
State general fund/general purpose		$	4,000,000
Sec. 107. EDUCATOR EXCELLENCE
Full-time equated classified positions	53.0
Educator excellence operations—FTEs	52.0	$	10,388,900
Educator recruitment and preparation programs—FTE	1.0		1,670,000
Teacher license renewals			280,000
GROSS APPROPRIATION		$	12,338,900
Federal revenues:
Federal revenues			3,168,400
Special revenue funds:
Certification fees			4,165,900
Teacher testing fees			201,500
For Fiscal Year Ending Sept. 30, 2023
State general fund/general purpose		$	4,803,100
Sec. 108. MICHIGAN OFFICE OF GREAT START
Full-time equated classified positions	71.0
Child development and care contracted services		$	12,400,000
Child development and care external support			31,178,300
Child development and care public assistance			199,080,000
Head Start collaboration office—FTE	1.0		322,900
Office of great start operations—FTEs	70.0		14,263,200
T.E.A.C.H. Early Childhood Michigan scholarship program			5,000,000
GROSS APPROPRIATION		$	262,244,400
Appropriated from:
Federal revenues:
Federal revenues			220,388,300
Special revenue funds:
Private foundations			250,000
Certification fees			64,600
State general fund/general purpose		$	41,541,500
Sec. 109. SYSTEMS, EVALUATION, AND TECHNOLOGY
Full-time equated classified positions	10.0
Office of systems, evaluation, and technology operations—FTEs	10.0	$	2,023,900
GROSS APPROPRIATION		$	2,023,900
Appropriated from:
Federal revenues:
Federal indirect revenues			142,000
Federal revenues			1,001,300
Special revenue funds:
Certification fees			10,700
State general fund/general purpose		$	869,900
Sec. 110. STRATEGIC PLANNING AND IMPLEMENTATION
Full-time equated classified positions	6.0
Strategic planning and implementation operations—FTEs	6.0	$	1,105,200
GROSS APPROPRIATION		$	1,105,200
Appropriated from:
Federal revenues:
Federal revenues			570,400
State general fund/general purpose		$	534,800
Sec. 111. ADMINISTRATIVE LAW SERVICES
Full-time equated classified positions	2.0
Administrative law operations—FTEs	2.0	$	1,439,900
GROSS APPROPRIATION		$	1,439,900
Appropriated from:
Federal revenues:
Federal revenues			585,100
Special revenue funds:
Certification fees			749,000
State general fund/general purpose		$	105,800
Sec. 112. ACCOUNTABILITY SERVICES
Full-time equated classified positions	63.6
Accountability services operations—FTEs	63.6	$	14,770,200
GROSS APPROPRIATION		$	14,770,200
Appropriated from:
Federal revenues:
Federal revenues			12,851,000
State general fund/general purpose		$	1,919,200
For Fiscal Year Ending Sept. 30, 2023
Sec. 113. SCHOOL SUPPORT SERVICES
Full-time equated classified positions	75.6
Adolescent and school health		$	328,100
School support services operations—FTEs	75.6		14,333,400
GROSS APPROPRIATION		$	14,661,500
Appropriated from:
Federal revenues:
Federal revenues			12,872,300
Special revenue funds:
Commodity distribution fees			71,700
State general fund/general purpose		$	1,717,500
Sec. 114. EDUCATIONAL SUPPORTS
Full-time equated classified positions	82.7
Educational supports operations—FTEs	82.7	$	17,139,300
Michigan core curriculum			750,000
GROSS APPROPRIATION		$	17,889,300
Appropriated from:
Federal revenues:
Federal revenues			12,976,100
Special revenue funds:
Certification fees			602,400
State general fund/general purpose		$	4,310,800
Sec. 115. CAREER AND TECHNICAL EDUCATION
Full-time equated classified positions	24.0
Career and technical education operations—FTEs	24.0	$	5,454,700
GROSS APPROPRIATION		$	5,454,700
Appropriated from:
Federal revenues:
Federal revenues			4,062,200
State general fund/general purpose		$	1,392,500
Sec. 116. LIBRARY OF MICHIGAN
Full-time equated classified positions	33.0
Library of Michigan operations—FTEs	31.0	$	5,032,000
Library pilot program			800,000
Library services and technology program—FTE	1.0		5,624,100
Michigan eLibrary—FTE	1.0		1,732,200
Renaissance zone reimbursements			2,200,000
State aid to libraries			15,567,700
GROSS APPROPRIATION		$	30,956,000
Appropriated from:
Federal revenues:
Federal revenues			5,624,100
Special revenue funds:
Library fees			300,000
State general fund/general purpose		$	25,031,900
Sec. 117. PARTNERSHIP DISTRICT SUPPORT
Full-time equated classified positions	13.0
Partnership district support operations—FTEs	13.0	$	3,596,600
GROSS APPROPRIATION		$	3,596,600
Appropriated from:
Federal revenues:
Federal revenues			114,500
State general fund/general purpose		$	3,482,100
For Fiscal Year Ending Sept. 30, 2023
Sec. 118. ONE-TIME APPROPRIATIONS
Michigan’s poet laureate		$	100,000
School board member training			150,000
GROSS APPROPRIATION		$	250,000
Appropriated from:
State general fund/general purpose		$	250,000

part 2

provisions concerning appropriations

for fiscal year 2022-2023

general sections

Sec. 201. Pursuant to section 30 of article IX of the state constitution of 1963, total state spending from state sources under part 1 for fiscal year 2022-2023 is $109,511,200.00 and state spending from state sources to be paid to local units of government for fiscal year 2022-2023 is $18,717,700.00. The itemized statement below identifies appropriations from which spending to local units of government will occur:

DEPARTMENT OF EDUCATION
Library pilot program		800,000
Renaissance zone reimbursements		2,200,000
School board member training		150,000
State aid to libraries		15,567,700
TOTAL	$	18,717,700

Sec. 202. The appropriations authorized under this part and part 1 are subject to the management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594.

Sec. 203. As used in this part and part 1:

(a) “Department” means the Michigan department of education.

(b) “DHHS” means the Michigan department of health and human services.

(c) “District” means a local school district as that term is defined in section 6 of the revised school code, 1976 PA 451, MCL 380.6, or a public school academy as that term is defined in section 5 of the revised school code, 1976 PA 451, MCL 380.5.

(d) “FTE” means full-time equated.

(e) “HHS” means the United States Department of Health and Human Services.

Sec. 204. The departments and agencies receiving appropriations in part 1 shall use the internet to fulfill the reporting requirements of this part. This requirement shall include transmission of reports via email to the recipients identified for each reporting requirement, or it shall include placement of reports on an internet site.

Sec. 205. Except as otherwise provided in this part, all reports required under this part shall be submitted to the senate and house appropriations subcommittees on the department budget, the senate and house fiscal agencies, and the state budget office.

Sec. 206. To the extent permissible under section 261 of the management and budget act, 1984 PA 431, MCL 18.1261:

(b) Preference must be given to goods or services, or both, manufactured or provided by Michigan businesses, if they are competitively priced and of comparable quality.

(c) In addition, preference must be given to goods or services, or both, that are manufactured or provided by Michigan businesses owned and operated by veterans, if they are competitively priced and of comparable quality.

Sec. 207. From the funds appropriated in part 1, to the extent permissible under the management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594, the state superintendent of public instruction shall take all reasonable steps to ensure businesses in deprived and depressed communities compete for and perform contracts to provide services or supplies, or both. The state superintendent of public instruction shall strongly encourage firms with which the department contracts to subcontract with certified businesses in depressed and deprived communities for services, supplies, or both.

Sec. 208. Consistent with section 217 of the management and budget act, 1984 PA 431, MCL 18.1217, the departments and agencies receiving appropriations in part 1 shall prepare a report on out-of-state travel expenses not later than January 1 of each year. The travel report shall be a listing of all travel by classified and unclassified employees outside this state in the immediately preceding fiscal year that was funded in whole or in part with funds appropriated in the department’s budget. The report shall be submitted to the senate and house appropriations committees, the house and senate fiscal agencies, and the state budget director. The report must include the following information:

(a) The dates of each travel occurrence.

Sec. 210. Not later than December 31, the state budget office shall prepare and transmit a report that provides for estimates of the total general fund/general purpose appropriation lapses at the close of the prior fiscal year. This report shall summarize the projected year-end general fund/general purpose appropriation lapses by major departmental program or program areas. The report shall be transmitted to the chairpersons of the senate and house appropriations committees and the senate and house fiscal agencies.

Sec. 211. (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 authorization. These funds are not available for expenditure until they have been transferred to another line item in part 1 under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.

(2) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $400,000.00 for state restricted contingency authorization. These funds are not available for expenditure until they have been transferred to another line item in part 1 under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.

(3) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $250,000.00 for local contingency authorization. These funds are not available for expenditure until they have been transferred to another line item in part 1 under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.

(4) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $1,500,000.00 for private contingency authorization. These funds are not available for expenditure until they have been transferred to another line item in part 1 under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.

Sec. 212. The department and agencies receiving appropriations in part 1 shall cooperate with the department of technology, management, and budget to maintain a searchable website accessible by the public at no cost that includes, but is not limited to, all of the following for the department:

(a) Fiscal year-to-date expenditures by category.

(b) Fiscal year-to-date expenditures by appropriation unit.

(c) Fiscal year-to-date payments to a selected vendor, including the vendor name, payment date, payment amount, and payment description.

(d) The number of active department employees by job classification.

(e) Job specifications and wage rates.

Sec. 213. As a condition of receiving funds in part 1, within 14 days after the release of the executive budget recommendation, the department shall cooperate with the state budget office to provide the senate and house appropriations chairs, the chairs of the senate and house appropriations subcommittees responsible for the department budget, and the senate and house fiscal agencies with an annual report on estimated state restricted fund balances, state restricted fund projected revenues, and state restricted fund expenditures for the fiscal years ending September 30, 2022 and September 30, 2023.

Sec. 214. From the funds appropriated in part 1, the department shall maintain, on a publicly accessible website, a department scorecard that identifies, tracks, and regularly updates key metrics that are used to monitor and improve the department’s performance.

Sec. 215. Total authorized appropriations from all sources under part 1 for legacy costs for the fiscal year ending September 30, 2023 are estimated at $13,385,100.00. From this amount, total agency appropriations for pension-related legacy costs are estimated at $8,126,500.00. Total agency appropriations for retiree health care legacy costs are estimated at $5,258,600.00.

Sec. 216. From the funds appropriated in part 1, the department shall provide through the internet the state board of education agenda and all supporting documents, and shall notify the state budget director and the senate and house fiscal agencies that the agenda and supporting documents are available on the internet, at the time the agenda and supporting documents are provided to state board of education members.

Sec. 217. (1) On a quarterly basis, the department shall report to the senate and house appropriations committees, the senate and house appropriations subcommittees on the department budget, and the senate and house fiscal agencies the following information:

(a) The number of FTEs in pay status by type of staff and civil service classification.

(b) A comparison by line item of the number of FTEs authorized from funds appropriated in part 1 to the actual number of FTEs employed by the department at the end of the reporting period.

(2) By March 1 of the current fiscal year, the department shall report to the senate and house appropriations committees, the senate and house appropriations subcommittees on the department budget, and the senate and house fiscal agencies the following information:

(a) Number of employees that were engaged in remote work in 2023.

(b) Number of employees authorized to work remotely and the actual number of those working remotely in the current reporting period.

(d) Reduced use of office space associated with remote work.

Sec. 218. From the funds appropriated in part 1, the department may assist the DHHS, other departments, intermediate school districts, 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 DHHS for reimbursement.

Sec. 219. If the state administrative board, acting under section 3 of 1921 PA 2, MCL 17.3, transfers funds from an amount appropriated under this article, the legislature may, by a concurrent resolution adopted by a majority of the members elected to and serving in each house, intertransfer funds within this article for the particular department, board, commission, officer, or institution.

Sec. 220. From the funds appropriated in part 1, the department shall post on its website a link to the federal Institute of Education Sciences’ What Works Clearinghouse. The department also shall work to disseminate knowledge about the What Works Clearinghouse to districts and intermediate school districts so that it may be used to improve reading proficiency for pupils in grades K to 3.

Sec. 221. From the funds appropriated in part 1, the 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 appropriations committees, the senate and house subcommittees responsible for the department budget, the joint committee on administrative rules, and the senate and house fiscal agencies.

Sec. 222. Funds appropriated in part 1 shall not be used by the department or departmental agency to take disciplinary action against an employee of the department or departmental agency in the state classified civil service because the employee communicates with a member of the legislature or his or her staff, unless the communication is prohibited by law and the department or departmental agency taking disciplinary action is exercising its authority as provided by law.

Sec. 223. The department and agencies receiving appropriations in part 1 shall receive and retain copies of all reports funded from appropriations in part 1. Federal and state guidelines for short-term and long-term retention of records shall be followed. The department may electronically retain copies of reports unless otherwise required by federal and state guidelines.

Sec. 224. Appropriations in part 1 shall, to the extent possible by the department, not be expended until all existing work project authorization available for the same purposes is exhausted.

Sec. 225. (1) From the funds appropriated in part 1, the department shall do all of the following:

(a) Report to the house and senate appropriations committees, the house and senate fiscal agencies, the house and senate policy offices, and the state budget office any amounts of severance pay for the department director, deputy director, or other high-ranking department officials not later than 14 days after a severance agreement with the director or official is signed. The name of the director or official and the amount of severance pay must be included in the report required by this subdivision.

(b) Maintain an internet site that posts any severance pay in excess of 6 weeks of wages, regardless of the position held by the former department employee receiving severance pay.

Sec. 226. From the funds appropriated in part 1, the department shall coordinate with the other departments to streamline state services and resources, reduce duplication, and increase efficiency. This includes, but is not limited to, working with the department of treasury to coordinate with the financial independence team and overseeing deficit districts and working with the DHHS and department of licensing and regulatory affairs to coordinate with early childhood programs and overseeing child care providers.

Sec. 227. (1) Any department, agency, board, commission, or public officer that receives funding under part 1 shall not:

(b) Produce, develop, issue, or require a COVID-19 vaccine passport.

(c) Develop a database or make any existing database publicly available to access an individual’s COVID-19 vaccine status by any person, company, or governmental entity.

(a) An individual for whom a physician certifies that a COVID-19 vaccine is or may be detrimental to the individual’s health or is not appropriate.

Sec. 228. (1) As a condition of receiving appropriations in part 1, in collaboration with the DHHS, the department shall promote and support initiatives in schools and other educational organizations that include, but are not limited to, training for educators, teachers, and other personnel in school settings for all of the following:

(a) Utilization of trauma-informed practices.

(b) Age-appropriate education and information on human trafficking.

(2) Upon request by the department, the department of state police and the department of attorney general shall consult in the promotion and support of initiatives in schools and other educational organizations under subsection (1).

Sec. 229. As a condition of receiving funds appropriated in part 1, the department shall not submit federal accountability plans or request amendments to federal accountability plans until after notification of the content to both the house and senate appropriations committees, house and senate fiscal agencies, and the state budget director.

Sec. 230. From the funds appropriated in part 1, the department shall compile a report that identifies any new mandates required of nonpublic schools or the lack of any new mandates for nonpublic schools. In compiling the report, the department may consult with relevant statewide education associations in Michigan. The report compiled by the department shall indicate the type of mandate, including, but not limited to, student health, student or building safety, accountability, and educational requirements, and shall indicate whether a school has to report on the specified mandates. The report required under this section shall be completed by April 1, 2023 and transmitted to the state budget director, the house and senate appropriations subcommittees responsible for the department, and the senate and house fiscal agencies not later than April 15, 2023.

Sec. 231. It is the intent of the legislature that departments maximize the efficiency of the state workforce and, where possible, prioritize in-person work. Each executive branch department, agency, board, or commission that receives funding under part 1 must post its in-person, remote, or hybrid work policy on its website.

Sec. 232. From the funds appropriated in part 1, the department shall ensure that the most recently issued report of regional in-demand occupations issued by the department of technology, management, and budget is distributed in electronic or paper form to all high schools in each school district, intermediate school district, and public school academy.

Sec. 235. (1) From the funds appropriated in part 1, the department shall administer a survey that allows teachers, paraprofessionals, and administrators to provide feedback on their interactions with the department.

(2) The department shall administer the survey required in subsection (1) with a focus on the following interactions:

(a) Any transaction that occurs through the Michigan Online Educator Certification System.

(b) Professional development that is offered or coordinated by the department.

(3) The survey required under subsection (1) must include, but is not limited to, the following:

(a) Information on a survey recipient’s viewpoint of the department and rating of their interactions under subsection (2).

(b) The recipient’s insight on the department’s effectiveness in achieving goals within Michigan’s Top 10 Strategic Education Plan.

(4) The department shall prepare a report of the survey required under subsection (1), including a summary of the survey results, and shall submit that report to the senate and house appropriations committees by June 1, 2023. It is the intent of the legislature that the usefulness of this report in decision making, and need to maintain reporting requirements, shall be assessed in the fiscal year 2025-2026.

STATE BOARD OF EDUCATION/OFFICE OF THE SUPERINTENDENT

Sec. 301. (1) The appropriations in part 1 may be used for per diem payments to the state board for meetings at which a quorum is present or for performing official business authorized by the state board. The per diem payments shall be at a rate as follows:

(a) State board of education - president - $110.00 per day.

(b) State board of education - member other than president - $100.00 per day.

(2) A state board of education member shall not be paid a per diem for more than 30 days per year.

SPECIAL EDUCATION SERVICES

Sec. 350. From the funds in part 1 for special education operations, the department shall use $100,000.00 to design and distribute to all parents and legal guardians of a student with a disability information about federal and state mandates regarding the rights and protections of students with disabilities, including, but not limited to, individualized education programs to ensure that parents and legal guardians are fully informed about laws, rules, procedural safeguards, problem-solving options, and any other information the department determines is necessary so that parents and legal guardians may be able to provide meaningful input in collaboration with districts to develop and implement an individualized education program.

MICHIGAN SCHOOLS FOR THE DEAF AND BLIND

Sec. 401. From the funds appropriated in part 1, the employees at the Michigan Schools for the Deaf and Blind who work on a school-year basis are considered annual employees for purposes of service credits, retirement, and insurance benefits.

Sec. 402. For each student enrolled at the Michigan Schools for the Deaf and Blind, the department shall assess the intermediate school district of residence 100% of the cost of operating the student’s instructional program. The amount shall exclude room and board related costs and the cost of weekend transportation between the school and the student’s home.

Sec. 406. (1) From the funds appropriated in part 1, the Michigan Schools for the Deaf and Blind may promote its residential program as a possible appropriate option for children who are deaf or hard of hearing or who are blind or visually impaired. The Michigan Schools for the Deaf and Blind shall distribute information detailing its services to all intermediate school districts in this state.

(2) Upon knowledge of or recognition by an intermediate school district that a child in the district is deaf or hard of hearing or blind or visually impaired, the intermediate school district shall provide to the parents of the child the literature distributed by the Michigan Schools for the Deaf and Blind to intermediate school districts under subsection (1).

(3) Parents will continue to have a choice regarding the educational placement of their deaf or hard-of-hearing children.

Sec. 407. Revenue received by the Michigan Schools for the Deaf and Blind from gifts, bequests, and donations that is unexpended at the end of the state fiscal year may be carried over to the succeeding fiscal year and shall not revert to the general fund.

Sec. 408. (1) The funds appropriated in part 1 for the low incidence outreach fund are appropriated from money collected by the Michigan Schools for the Deaf and Blind and the low incidence outreach program for providing qualified services and may be used for any expenses necessary to provide the qualified services. Any money that is unexpended at the end of the current fiscal year may be carried forward into the succeeding fiscal year.

(2) As used in this section, “qualified services” means document reproduction and services; conducting conferences, workshops, and training classes; and providing specialized equipment, facilities, and software.

Sec. 409. When conducting a due process hearing resulting from a parent’s appeal of his or her child’s individualized education program team’s decision on the child’s educational placement, a state administrative law judge shall consider designating the Michigan School for the Deaf as 1 of the options for the least restrictive environment under federal law for the parent’s child who is deaf, deafblind, or hard of hearing.

Sec. 410. From the funds appropriated in part 1 for ASL literacy resources, the department shall expend the funds to comply with all requirements in House Bill No. 5777 of the 101st Legislature. Funds appropriated in part 1 for ASL literacy resources must not be spent or otherwise distributed unless House Bill No. 5777 of the 101st Legislature is enacted into law.

EDUCATOR EXCELLENCE

Sec. 501. From the funds appropriated in part 1 for educator excellence, the department shall maintain certificate revocation/felony conviction files of educational personnel.

Sec. 502. The funds appropriated in part 1 for teacher license renewals shall be used to implement a program to waive fees or associated costs for former teachers whose teaching licenses have expired.

Sec. 503. From the funds appropriated in part 1, the department shall, upon request, consult with the Michigan Virtual Learning Research Institute and external stakeholders in connection with the department’s implementation and administration of professional development training described in section 35a of the state school aid act of 1979, 1979 PA 94, MCL 388.1635a, including, but not limited to, the online training of educators of pupils in grades K to 3 described in that section.

Sec. 504. From the funds appropriated in part 1 for educator recruitment and preparation programs, the department shall award $1,000,000.00 to districts for educator preparation program tuition, program fees, testing fees, and substitute permit costs for any individual employed in grades pre-k to 12 working toward certification or an additional endorsement, and for program costs associated with hands-on learning experiences for students in grades 6 to 12 interested in the field of education, with supervision and mentoring from educators who are champions of, and committed to, the success of the profession.

Sec. 505. From the funds appropriated in part 1 for educator recruitment and preparation programs, not less than $190,000.00 and not fewer than 1.0 FTE position is allocated for educator recruitment and preparation programs. These amounts are in addition to any funding and FTEs utilized for this purpose in the fiscal year ending September 30, 2023.

Sec. 506. Revenue received from teacher testing fees that is unexpended at the end of the current fiscal year may be carried over to the succeeding fiscal year and shall not revert to the general fund.

Sec. 507. From the funds appropriated in part 1, the department shall adopt a teacher certification test that ensures that all newly certified elementary teachers have the skills to deliver evidence-based literacy instruction grounded in the science of reading. The department may use teacher certification or teacher testing fee revenue to the extent allowable under law to implement this section, or may pass along increased testing fees to teachers as allowable and appropriate.

SCHOOL SUPPORT SERVICES

Sec. 601. From the funds appropriated in part 1 for adolescent and school health, there is appropriated $328,100.00 to replace federal funding reductions from the HHS - Centers for Disease Control and Prevention to the department and section 39a(2)(a) of the state school aid act of 1979, 1979 PA 94, MCL 388.1639a.

EDUCATIONAL SUPPORTS

Sec. 701. (1) From the funds appropriated in part 1 for educational supports, the department shall produce a report detailing the progress made by districts with grades K to 12 receiving at-risk funding under section 31a of the state school aid act of 1979, 1979 PA 94, MCL 388.1631a, in implementing multitiered systems of supports in the prior school fiscal year for grades K to 12, and in providing reading intervention services described in section 1280f of the revised school code, 1976 PA 451, MCL 380.1280f, for pupils in grades K to 12.

(2) The report described in subsection (1) shall include, at a minimum:

(a) A description of the training, coaching, and technical assistance offered by the department to districts to support the implementation of effective multitiered systems of supports and reading intervention programs.

(b) A list of districts determined by the department to have successfully implemented multitiered systems of supports and reading intervention programs.

(c) A list of best practices that the department has identified that may be used by districts to implement multitiered systems of supports and reading intervention programs.

(d) Other information the department determines would be useful to understanding the status of districts’ implementation of effective multitiered systems of supports and reading intervention programs.

(3) The department shall provide the report described in subsection (1) to the state budget director, the house and senate subcommittees that oversee the department and school aid budgets, and the house and senate fiscal agencies by September 30, 2023.

Sec. 702. From the funds appropriated in part 1, there is appropriated an amount not less than $1,000,000.00 for implementation costs associated with programs for early childhood literacy funded under section 35a of the state school aid act of 1979, 1979 PA 94, MCL 388.1635a.

Sec. 703. From the funds appropriated in part 1 for Michigan core curriculum, in collaboration with the confederation of Michigan tribal education department, the department shall design, implement, and evaluate professional learning and optional curriculum modules for the purpose of learning Michigan Indigenous tribal history including the history of Indian boarding schools in Michigan as described in the Michigan core curriculum standards for grades 8 to 12.

LIBRARY OF MICHIGAN

Sec. 801. (1) The funds appropriated in part 1 for library fees are appropriated from money collected by the library of Michigan for providing qualified services and may be used for any expenses necessary to provide the qualified services. Any money that is unexpended at the end of the current fiscal year may be carried forward into the succeeding fiscal year.

Sec. 802. (1) From the funds appropriated in part 1 for school library pilot program, the department shall award library pilot program grants to school districts headquartered in 4 counties. The grants shall be used to contract for the administration of libraries of a school district by a librarian with a public librarian certificate issued by the library of Michigan. A grant to a school district may not exceed $10,000.00 per library facility. A district must employ a certified school media specialist to be eligible for this grant. The 4 counties that are eligible for school districts to receive grants shall include:

(a) One county with a population between 600,000 and 700,000 according to the most recent federal decennial census.

(b) One county with a population between 10,500 and 11,000 according to the most recent federal decennial census.

(d) One county with a population between 154,000 and 154,500 according to the most recent federal decennial census.

(2) The department may contract with the Michigan library association for assistance in administering the pilot program provided for in subsection (1).

(3) A librarian providing contractual services under the pilot program provided for in subsection (1) may not provide library or educational services to a pupil unless the librarian has a valid Michigan teaching certificate with a library of science endorsement.

Sec. 804. (1) The funds appropriated in part 1 for renaissance zone reimbursements shall be used to reimburse public libraries under section 12 of the Michigan renaissance zone act, 1996 PA 376, MCL 125.2692, for taxes levied in 2022. The allocations shall be made not later than 60 days after the department of treasury certifies to the department and to the state budget director that the department of treasury has received all necessary information to properly determine the amounts due to each eligible recipient.

(2) If the amount appropriated under this section is not sufficient to fully pay obligations under this section, payments shall be prorated on an equal basis among all eligible public libraries.

MICHIGAN OFFICE OF GREAT START

Sec. 1002. (1) From the funds appropriated in part 1 for child development and care public assistance, the provider reimbursement rates for child care centers, group home providers, registered family homes, and licensed exempt providers are increased by 10% from the provider rates established in section 1020 of article 3 of 2021 PA 87, rounded to the nearest $0.05.

(2) Rate increases funded under subsection (1) are effective the first full biweekly pay period of fiscal year 2022-2023.

(3) The department shall ensure that the final child development and care provider reimbursement rates are published on the department and Great Start to Quality webpages.

Sec. 1003. (1) From the funds appropriated in part 1 for child development and care contracted service, the department shall provide the house and senate appropriations subcommittees on the department budget with an annual report on all funding appropriated to contracts for the early childhood comprehensive systems planning by this state during the previous fiscal year. The report is due by February 15 and must contain at least the following information:

(a) Total funding appropriated to contracts for the early childhood comprehensive systems planning by the state during the previous fiscal year.

(b) The amount of funding for each grant awarded.

(d) The activities funded by each grant.

(e) An analysis of each grant recipient’s success in addressing the development of a comprehensive system of early childhood services and supports.

(2) All department contracts for early childhood comprehensive systems planning shall be bid out through a statewide request-for-proposal process.

Sec. 1004. From the funds appropriated in part 1 for the T.E.A.C.H. Early Childhood Michigan Scholarship Program, the department shall ensure that $5,000,000.00 is appropriated to the T.E.A.C.H. Early Childhood Michigan Scholarship Program. The program shall give preference to the following providers:

(a) Providers that currently have a great start to quality star rating or are in the process to receive a star rating.

(b) Providers that are seeking to increase their great start to quality star rating and are only restricted from receiving the increased rating because they lack employees with the proper education level.

Sec. 1007. (1) From the funds appropriated in part 1 for child development and care - external support, the department shall create progress reports that shall include, but are not limited to, the following:

(a) Both the on-site and off-site activities that are intended to improve child care provider quality and the number of times those activities are performed by the licensing consultants.

(b) How many on-site visits a single licensing consultant has made since the start of the current fiscal year.

(c) The types of on-site visits and the number of visits for each type that a single consultant has made since the start of the current fiscal year.

(d) The number of providers that have improved their quality rating since the start of the current fiscal year compared to the same time period in the preceding fiscal year, reported as the number of providers in each regional prosperity zone.

(e) The types of activities that are intended to improve licensing consultant performance and child care provider quality and the number of times those activities are performed by the managers and administrators.

(2) The progress reports shall be sent to the state budget director, the house and senate subcommittees that oversee the department, and the house and senate fiscal agencies by April 1, 2023 and September 30, 2023.

Sec. 1008. From the amount appropriated in part 1 for office of great start operations, the department shall ensure efficient service provisions to coordinate services provided to families for home visits, reduce duplication of state services and spending, and increase efficiencies including the home visits funded under section 32p of the state school aid act of 1979, 1979 PA 94, MCL 388.1632p, and work with the DHHS as necessary.

Sec. 1009. (1) Except as otherwise provided in this section, from the funds appropriated in part 1 for child development and care public assistance, the income entrance eligibility threshold for the child development and care program is set to not more than 200% of the federal poverty guidelines.

(2) If the average number of children under the total paid children column, as reported by the DHHS child development and care program Table 41 from the published DHHS Green Book, is more than 45,000 children for 3 consecutive months, then the department shall do both of the following:

(a) As determined by the department, create a waiting list for new children entering the child development and care program.

(b) Begin the administrative process to decrease the income entrance eligibility threshold to not less than 160% of the federal poverty guidelines for the following month.

Sec. 1010. As a condition of receiving funds in part 1, within 10 days of the receipt of changes to the federal child care and development program, the department shall notify the house and senate chairpersons of the appropriations subcommittees responsible for the department budget, the house and senate fiscal agencies, and the state budget director. The notification shall include, but is not limited to:

(a) Changes to the federal matching award amount, including the amount of state resources necessary to draw down the total matching award.

(b) Changes to the amount of child care and development block grant that is awarded to this state.

(c) Any significant changes to the federal requirements on the child development and care program, indicating any new requirements that would require the appropriation of additional dollars.

Sec. 1011. From the funds appropriated in part 1 for child development and care public assistance, the department shall implement a biweekly block reimbursement rate schedule through the following block segments:

(a) The block segment for a biweekly block reimbursement rate schedule for child care centers, group homes, and registered family homes, for paid part-time hours between 1 to 30 hours, shall be reimbursed as 30 hours.

(b) The block segment for a biweekly block reimbursement rate schedule for child care centers, group homes, and registered family homes, for paid part-time hours between 31 to 60 hours, shall be reimbursed as 60 hours, part-time rate.

(c) The block segment for a biweekly block reimbursement rate schedule for child care centers, group homes, and registered family homes, for paid full-time plus hours between 61 to 90 hours, shall be reimbursed as 90 hours, full-time rate.

(d) The block segment for a biweekly block reimbursement rate schedule for license exempt providers shall be reimbursed at their current hourly reimbursement rates.

Sec. 1012. From the funds appropriated in part 1, $1,500,000.00 shall be for the department to work in collaboration with DHHS to continue the network of infant and early childhood mental health consultation, which provides mental health consultation to child care providers.

Sec. 1013. (1) From the funds appropriated in part 1, the department shall create a status report on the various child care enhancements appropriated in fiscal year 2021-2022 that shall include, but is not limited to, the following:

(a) The amount expended from the ARP - child care entitlement, ARP - child care stabilization fund, ARP - child care stimulus, child care award, and CRRSA - child care stimulus in fiscal year 2021-2022.

(b) The amount expended for each child care enhancement program funded in sections 1012, 1022, 1023, 1024, 1025, 1026, 1027, and 1028 of article 3 of 2021 PA 87 in fiscal year 2021-2022.

(c) The number of providers that received a child care stabilization grant and the total amount of the grants received by provider type for each round of grants issued under section 1022 of article 3 of 2021 PA 87.

(d) The number of child care employees that received a salary enhancement under section 1024 of article 3 of 2021 PA 87.

(e) The number of providers that received assistance and the type of assistance received from the technical and financial support program created in section 1023 of article 3 of 2021 PA 87 in fiscal year 2021-2022.

(f) The number of infant and toddler slots that have been contracted under section 1027 of article 3 of 2021 PA 87 in fiscal year 2021-2022.

(g) The number of additional cases and the number of children enrolled in child development and care above 160% of the federal poverty guidelines and the total cost for those cases, per month, in fiscal year 2021-2022.

(2) The report required under this section shall be completed and transmitted to the state budget director, the house and senate appropriations subcommittees responsible for the department of education, and the senate and house fiscal agencies not later than November 1, 2022.

ONE-TIME APPROPRIATIONS

Sec. 1100. (1) From the funds appropriated in part 1 for school board member training, the department shall approve 1 or more training programs for school board members that include courses of instruction for school board members in 1 or more of the following topic areas:

(a) Conflicts of interest, including, but not limited to, the application of section 1203 of the revised school code, 1976 PA 451, MCL 380.1203.

(b) Labor relations, including, but not limited to, in a school board’s role in collective bargaining agreements in 1947 PA 336, MCL 423.201 to 423.217, and in other laws related to employment.

(c) Education law, including, but not limited to, the revised school code, 1976 PA 451, MCL 380.1 to 380.1852, the state school aid act of 1979, 1979 PA 94, MCL 388.1601 to 388.1896, the open meetings act, 1976 PA 267, MCL 15.261 to 15.275, and 1937 (Ex Sess) PA 4, MCL 38.71 to 38.191, dealing with teacher tenure.

(d) School finance, including, but not limited to, the creation and management of school district budgets.

(e) Board governance, including, but not limited to, roles and responsibilities, parliamentary procedure, and best practices.

(2) Upon completion of an eligible training program, a school board member may apply for reimbursement for the cost of the eligible training program through the board member’s local district, up to $100.00 per course. The department may determine the form and manner of the application to reimburse the district for the cost.

(3) The department must create a process for the provider of a course in a topic listed in subsection (1) to apply to the department to have the course approved and be eligible for a school board member to be reimbursed for completing that course as provided under subsection (2).

(4) As used in this section:

(a) “Eligible training program” means a training program that is approved under subsection (1).

(b) “School board member” means a member of the board of a school district or intermediate school district or a member of the board of directors of a public school academy in this state.

Sec. 1101. From the funds appropriated in part 1 for Michigan’s poet laureate, there is $100,000.00 appropriated for support of the Michigan poet laureate program to promote poetry, the spoken word, and literary arts across this state.

ARTICLE 4

DEPARTMENT OF ENVIRONMENT, GREAT LAKES, AND ENERGY

part 1

line-item appropriations

Sec. 101. There is appropriated for the department of environment, Great Lakes, and energy for the fiscal year ending September 30, 2023, from the following funds:

DEPARTMENT OF ENVIRONMENT, GREAT LAKES, AND ENERGY
APPROPRIATION SUMMARY
Full-time equated unclassified positions	6.0
For Fiscal Year Ending Sept. 30, 2023
Full-time equated classified positions	1,510.0
GROSS APPROPRIATION		$	728,654,300
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental transfers			3,406,400
ADJUSTED GROSS APPROPRIATION		$	725,247,900
Federal revenues:
Total federal revenues			287,641,700
Special revenue funds:
Total local revenues			0
Total private revenues			1,415,500
Total other state restricted revenues			337,354,900
State general fund/general purpose		$	98,835,800
Sec. 102. DEPARTMENTAL ADMINISTRATION AND SUPPORT
Full-time equated unclassified positions	6.0
Full-time equated classified positions	105.0
Unclassified salaries—FTEs	6.0	$	900,700
Accounting service center			1,463,500
Administrative hearings officers			926,600
Environmental investigations—FTEs	12.0		2,013,700
Environmental support—FTEs	56.0		8,786,800
Environmental support projects			6,000,000
Executive direction—FTEs	20.0		3,465,300
Facilities management			1,000,000
Financial support—FTEs	13.0		2,735,800
Grants and records management—FTEs	4.0		935,400
Michigan geological survey			3,000,000
Property management			8,573,500
GROSS APPROPRIATION		$	39,801,300
Appropriated from:
Interdepartmental grant revenues:
IDG from department of state police			84,000
IDG from state transportation department			119,700
Federal revenues:
Federal funds			767,000
Special revenue funds:
Private funds			750,400
Air emissions fees			952,300
Aquatic nuisance control fund			86,100
Campground fund			29,000
Cleanup and redevelopment fund			2,120,500
Electronic waste recycling fund			42,400
Environmental education fund			196,400
Environmental pollution prevention fund			570,200
Fees and collections			24,400
Financial instruments			8,639,300
Great Lakes protection fund			554,200
Groundwater discharge permit fees			136,500
Infrastructure construction fund			5,400
Laboratory services fees			562,500
Land and water permit fees			218,300
Medical waste emergency response fund			42,400
Metallic mining surveillance fee revenue			11,000
Mineral well regulatory fee revenue			11,000
Nonferrous metallic mineral surveillance			49,200
For Fiscal Year Ending Sept. 30, 2023
NPDES fees		$	396,400
Oil and gas regulatory fund			806,800
Orphan well fund			95,100
Public swimming pool fund			58,800
Public utility assessments			736,300
Public water supply fees			417,800
Refined petroleum fund			3,416,900
Renew Michigan fund			2,985,100
Sand extraction fee revenue			10,900
Scrap tire regulatory fund			229,200
Septage waste program fund			47,900
Settlement funds			1,000,000
Sewage sludge land application fees			78,400
Soil erosion and sedimentation control training fund			13,500
Solid waste management fund - staff account			1,099,900
Stormwater permit fees			198,700
Strategic water quality initiatives fund			111,100
Underground storage tank cleanup fund			264,500
Wastewater operator training fees			49,300
Water pollution control revolving fund			58,500
Water use reporting fees			23,100
State general fund/general purpose		$	11,730,900
Sec. 103. WATER RESOURCES DIVISION
Full-time equated classified positions	388.0
Aquatic nuisance control program—FTEs	6.0	$	982,200
Coastal management grants—FTEs	7.0		2,534,800
Expedited water/wastewater permits—FTE	1.0		52,400
Federal - Great Lakes remedial action plan grants			583,800
Federal - nonpoint source water pollution grants			4,083,300
Fish contaminant monitoring			316,100
Great Lakes restoration initiative—FTEs	9.0		11,239,900
Groundwater discharge permit program—FTEs	22.0		3,419,600
Land and water interface permit programs—FTEs	119.0		18,285,200
Nonpoint source pollution prevention and control project program			2,000,000
NPDES nonstormwater program—FTEs	105.0		16,748,400
Program direction and project assistance—FTEs	27.0		3,325,300
Sewage sludge land application program—FTEs	7.0		903,400
Stormwater activities—FTEs	27.5		5,832,100
Surface water—FTEs	52.5		9,009,100
Technology advancements for water monitoring			500,000
Water quality protection grants			100,000
Water withdrawal assessment program—FTEs	5.0